Nevada City City Council
June 14, 2023

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 14, 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 (push the asterisks button followed by the five button) 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
New Employee Introduction: Lisa McCandless, Interim City Planner 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 May 24, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable – May 2023
Recommended Action: Receive and file the report

3. Police Activity Report May 2023
Recommended Action: Receive and file the report

4. Building Activity Report May 2023
Recommended Action: Receive and file the report

5. Consideration of Adoption of Resolution No. 2023-24: A Resolution of the City Council of the City of Nevada City Acknowledging Receipt of the Nevada City Fire Department Mandated Fire and Life Safety Inspections Performed Within the City of Nevada City Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Recommended Action: Adopt the resolution

6. Consideration of Resolution No. 2023-25: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-12 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm
Recommended Action: Adopt the resolution

7. Consideration of Adoption of Resolution No. 2023-26: A Resolution of the City Council of the City of Nevada City Authorizing the Acceptance of Funding Related to the California Tobacco Grant Award for the 2022-2023 Year Recommended Action: Adopt the resolution

8. Consideration of Award of Contract with PSCE in an Amount Not-To-Exceed $141,450 for 2023 Sewer Improvements at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed $14,100; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

9. Consideration of a Contract with Under the Trees Inc. to Conduct Professional Forestry Planning Activities in Support to Achieve the Requirements of the Deer Creek Hazardous Fuels Treatment Project Planning Grant Funded by the Sierra Nevada Conservancy (SNC) an Amount Not-To-Exceed $89,780 and Authorize the City Manager to Execute the Contract Upon Approval of SNC Recommended Action: Approve the contract

10. Consideration of Adoption of Resolution No. 2023-35: A Resolution Requesting the Nevada County Transportation Commission (NCTC) Allocate $ 125,760 of the City’s Fiscal Year 2023/24 Local Transportation Funds (LTF) for Public Transportation Recommended Action: Adopt the resolution

11. Consideration of Adoption of Resolution 2023-27: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the Nourish Outdoor Dining Area Located at 106 Union Alley, Nevada City
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.

12. Conduct a Public Hearing on the City’s Fiscal Year 2023-2024 Proposed Annual Budget by:

Consideration of Resolution No. 2023-28: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2024 Budget; and Consideration of Resolution No. 2023-29: A Resolution of the City Council of the City of Nevada City Adopting the Five-Year Capital Improvement Program 2023-2028; and
Consideration of Resolution No. 2023-30: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2023-2024 Citywide Classification and Compensation Plan; and
Consideration of Resolution No. 2023-31: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2023-2024 Citywide Master Fee Schedule; and
Consideration of Resolution No. 2023-32: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2022-2023 Appropriations Limitation and Establishing the Appropriation Limitation for the 2023-2024 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2023-2024; and Consideration of Resolution No. 2023-37: A Resolution of the City Council of the City of Nevada City Adopting a Fixed Assets Capitalization and Inventory Control Policy; Accounts Receivable Policy; and Accounts Payable Policy Recommended Action: Conduct the public hearing and adopt the resolutions

13. Consideration of Resolution No. 2023-33: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s 2002 Special Tax (Measure K) for Fiscal Year 2023/24 and Resolution No. 2023-34: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2023/24 Recommended Action: Adopt the resolutions

14. Consideration of Resolution No. 2023-36: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Board of Supervisors to Authorize the County Auditor-Controller and the County Tax Collector to Levy and Collect Delinquent Sewer and/or Water Service Charges Against Certain Properties within the City of Nevada City
Recommended Action: Adopt the resolution

BUSINESS

15. Consideration of Award of Contract and Authorization to Purchase Playground Equipment from Miracle Play Systems in an Amount Not-to-Exceed $65,973.81 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

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, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the June 14, 2023, Regular Meeting of the Nevada City City Council was posted June 9, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed June 9, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 14, 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 (push the asterisks button followed by the five button) 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
New Employee Introduction: Lisa McCandless, Interim City Planner 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 May 24, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable – May 2023
Recommended Action: Receive and file the report

3. Police Activity Report May 2023
Recommended Action: Receive and file the report

4. Building Activity Report May 2023
Recommended Action: Receive and file the report

5. Consideration of Adoption of Resolution No. 2023-24: A Resolution of the City Council of the City of Nevada City Acknowledging Receipt of the Nevada City Fire Department Mandated Fire and Life Safety Inspections Performed Within the City of Nevada City Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Recommended Action: Adopt the resolution

6. Consideration of Resolution No. 2023-25: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-12 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm
Recommended Action: Adopt the resolution

7. Consideration of Adoption of Resolution No. 2023-26: A Resolution of the City Council of the City of Nevada City Authorizing the Acceptance of Funding Related to the California Tobacco Grant Award for the 2022-2023 Year Recommended Action: Adopt the resolution

8. Consideration of Award of Contract with PSCE in an Amount Not-To-Exceed $141,450 for 2023 Sewer Improvements at Various Locations; Authorize a Project Contingency of 10%, Not-To-Exceed $14,100; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

9. Consideration of a Contract with Under the Trees Inc. to Conduct Professional Forestry Planning Activities in Support to Achieve the Requirements of the Deer Creek Hazardous Fuels Treatment Project Planning Grant Funded by the Sierra Nevada Conservancy (SNC) an Amount Not-To-Exceed $89,780 and Authorize the City Manager to Execute the Contract Upon Approval of SNC Recommended Action: Approve the contract

10. Consideration of Adoption of Resolution No. 2023-35: A Resolution Requesting the Nevada County Transportation Commission (NCTC) Allocate $ 125,760 of the City’s Fiscal Year 2023/24 Local Transportation Funds (LTF) for Public Transportation Recommended Action: Adopt the resolution

11. Consideration of Adoption of Resolution 2023-27: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the Nourish Outdoor Dining Area Located at 106 Union Alley, Nevada City
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.

12. Conduct a Public Hearing on the City’s Fiscal Year 2023-2024 Proposed Annual Budget by:

Consideration of Resolution No. 2023-28: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2024 Budget; and Consideration of Resolution No. 2023-29: A Resolution of the City Council of the City of Nevada City Adopting the Five-Year Capital Improvement Program 2023-2028; and
Consideration of Resolution No. 2023-30: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2023-2024 Citywide Classification and Compensation Plan; and
Consideration of Resolution No. 2023-31: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2023-2024 Citywide Master Fee Schedule; and
Consideration of Resolution No. 2023-32: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2022-2023 Appropriations Limitation and Establishing the Appropriation Limitation for the 2023-2024 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2023-2024; and Consideration of Resolution No. 2023-37: A Resolution of the City Council of the City of Nevada City Adopting a Fixed Assets Capitalization and Inventory Control Policy; Accounts Receivable Policy; and Accounts Payable Policy Recommended Action: Conduct the public hearing and adopt the resolutions

13. Consideration of Resolution No. 2023-33: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s 2002 Special Tax (Measure K) for Fiscal Year 2023/24 and Resolution No. 2023-34: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Auditor-Controller and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2023/24 Recommended Action: Adopt the resolutions

14. Consideration of Resolution No. 2023-36: A Resolution of the City Council of the City of Nevada City Requesting the Nevada County Board of Supervisors to Authorize the County Auditor-Controller and the County Tax Collector to Levy and Collect Delinquent Sewer and/or Water Service Charges Against Certain Properties within the City of Nevada City
Recommended Action: Adopt the resolution

BUSINESS

15. Consideration of Award of Contract and Authorization to Purchase Playground Equipment from Miracle Play Systems in an Amount Not-to-Exceed $65,973.81 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

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, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the June 14, 2023, Regular Meeting of the Nevada City City Council was posted June 9, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed June 9, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MAY 24, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

REGULAR MEETING – 6:30 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Fleming, Vice Mayor Fernàndez, Council Members Petersen, Kline and Ceci
ADOPTION OF THE AGENDA:

Action: Motion by Kline, seconded by Fernàndez to adopt the Agenda for May 10, 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
Proclamation: Grand Opening and Ribbon Cutting of Odd Fellows Gallery CONSENT ITEMS:

1. Action Minutes May 3, 2023, Special Meeting
Recommended Action: Review and approve the minutes

2. Action Minutes May 10, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

3. Fire Activity Report – April 2023
Recommended Action: Receive and file the report

4. Business Development Fee Waiver Program Activity Report April 2023 Recommended Action: Receive and file the report

5. Consideration of the Purchase and Installation of Vape Detectors and Monitoring Cameras from the Nevada City School District for Permanent Placement at Seven Hills Middle School Funded by the Proposition 64 Cohort 2 Grant
Recommended Action: Approve the purchase
2 6. Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $40,000 from May 1, 2023, through April 30, 2024
Recommended Action: Approve the contract

7. Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 2 Grant in an Amount Not-To-Exceed $30,000 from May 1, 2023, through April 30, 2024
Recommended Action: Approve the contract

8. Consideration of Resolution No. 2023-22: A Resolution of the City Council of the City of Nevada City, California Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act Of 2017.

Recommended Action: Adopt the resolution

9. Consideration of Award of Contract with Hardcore Construction in an Amount Not-ToExceed $112,780 for 2023 Water Distribution System Water Valve Replacement; Authorize a Project Contingency of 10%, Not-To-Exceed $11,300; and Authorize the City Manager to Execute any Contracts or Related Documents.

Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

10. Second Reading and Consideration of Ordinance 2023-05: An Ordinance of the City Council of the City of Nevada City, State of California, Repealing and Replacing Chapter 15.04 (“Building Standards”) and Chapter 15.08 (“Fire Safety Standards and California Fire Code Amendments”) to Title 15 (“Buildings and Construction”) to the Nevada City Municipal Code Adopting the 2022 California Building Standard Codes and the 2022 California Fire Code Both with Local Amendments
Recommended Action: Hold second reading and adopt the ordinance Action: Motion by Fernàndez, Seconded by Petersen, to approve items 1, 2, 3, 4, 5, 9 and 10 on Consent
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci Item #6 & 7 Pulled by Mayor Fleming
Action: Motion by Fernàndez, Seconded by Kline, to approve items 6 & 7 on Consent (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci Item #8 Pulled by Council Member Ceci
Action: Motion by Ceci, Seconded by Kline, to approve items 8 on Consent (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci

BUSINESS
3 11. Consideration of the Special Event Street Closure Request for the Roamin Angels Car Show Event
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
Action: Motion by Fernàndez, Seconded by Petersen to Review, approve, and authorize the special event street closure requests per the submitted application (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci

12. Consideration of Resolution 2023-23: A Resolution of the City Council of the City of Nevada City, California Establishing Every June in Nevada City as LGBTQ+ Pride Month Recommended Action: Adopt the resolution
Action: Motion by Ceci, Seconded by Fernàndez to Adopt Resolution 2023-23 Establishing Every June in Nevada City as LGBTQ+ Pride Month
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci

13. Consideration of a Nevada Street Bridge Replacement Project Update and Authorization to Advertise for Bids
Recommended Action: Receive and file the report and authorize City staff to advertise for bids Action: Motion by Kline, Seconded by Ceci to Receive and file the report and authorize City staff to advertise for bids for the Nevada Street Bridge Replacement Project (Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci

14. Consideration of Request from Waste Management Disposal for a Rate Increase and Ancillary Charges Changes as Provided for and Set Forth in its Agreement with the City and Consideration of Resolution No 2023-21: A Resolution of the City Council of the City of Nevada City Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers and Modifications of Ancillary Charges Recommended Action: Adopt the resolution
Action: Motion by Petersen, Seconded by Fernàndez to Adopt Resolution 2023-21 Approving a Rate Increase for Refuse Service Based on the U.S. City Average Consumer Price Index for All Urban Consumers and Modifications of Ancillary Charges
(Approved 5-0) Fleming, Fernàndez, Petersen, Kline and Ceci CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:35 PM
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 02
Subject: Accounts Payable Activity Report May 2023
From: Brittnie Neundorfer, Accounting Technician
Date: June 1, 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 May 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 May 2023

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 03
Subject: Police Activity Report May 2023
From: Dan Foss, Chief of Police
Date: June 6, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

Attached is the monthly statistical crime report from May 2023, for the Nevada City Police Department.

Refer to the attached spreadsheet for additional information. Reviewing the spreadsheet, you will notice a large increase in driving under the influence (DUI) arrests. This month alone, we had eight arrests, compared to last year in June we had zero arrests. This does not indicate an increase in people driving while intoxicated in our city but instead is a direct result of proactive policing. Traffic is a major concern for our community, and your police department is responding directly to these concerns, resulting in increased traffic citations and DUI arrests.

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.

ATTACHMENTS:

May 2023 Case Report

CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ASSAULT - A 1 1% 0 0% 0 0% 0 0% 1 100%
ASSAULT - S 1 1% 1 100% 2 4% 0 0% -1 -100%
AUTO THEFT 2 2% 0 0% 2 4% 0 0% 0 0%
BURGLARY 1 1% 0 0% 0 0% 0 0% 1 100%
COURT ORDER 3 4% 1 33% 1 2% 0 0% 2 200%
COURTESY REPORT 0 0% 0 0% 1 2% 0 0% -1 -100%
DECEASED PERSON 2 2% 0 0% 1 2% 0 0% 1 100%
DISORDERLY 1 1% 0 0% 5 9% 2 40% -4 -400%
DOMESTIC DISPUTE 0 0% 0 0% 2 4% 0 0% -2 -200%
DOMESTIC VIOLENCE 1 1% 1 100% 0 0% 0 0% 1 100%
DUI 8 10% 1 12% 0 0% 0 0% 8 800%
FOUND PROPERTY 7 8% 0 0% 1 2% 0 0% 6 600%
FRAUD 1 1% 0 0% 0 0% 0 0% 1 100%
GENERAL 1 1% 0 0% 1 2% 0 0% 0 0%
HIT-RUN-N 2 2% 0 0% 0 0% 0 0% 2 200%
MENTAL HEALTH 2 2% 0 0% 1 2% 0 0% 1 100%
MISC INFO RPT 5 6% 0 0% 5 9% 0 0% 0 0%
MISSING 1 1% 0 0% 3 5% 0 0% -2 -200%
NARCOTICS 5 6% 1 20% 2 4% 0 0% 3 300%
OA 1 1% 1 100% 0 0% 0 0% 1 100%
RESIST 1 1% 1 100% 0 0% 0 0% 1 100%
SEX OFFENSE 1 1% 0 0% 1 2% 0 0% 0 0%
THEFT 5 6% 0 0% 2 4% 0 0% 3 300%
THREATS 0 0% 0 0% 1 2% 0 0% -1 -100%
TOW 4 5% 0 0% 8 14% 0 0% -4 -400%
TRAFFIC 1 1% 0 0% 1 2% 0 0% 0 0%
TRAFFIC COLLISION 4 5% 0 0% 2 4% 0 0% 2 200%
TRESPASS 1 1% 1 100% 0 0% 0 0% 1 100%
VANDALISM 3 4% 0 0% 2 4% 0 0% 1 100%
WARRANT ARREST 3 4% 1 33% 2 4% 1 50% 1 100%
WEAPONS 1 1% 0 0% 0 0% 0 0% 1 100%
Total Case Reports 69 9 46 3 23

CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 5 17% 2 40% 0 0% 0 0% 5 500%
Adult Arrests Misd 22 73% 7 32% 10 91% 2 20% 12 1200%
Juvenile Arrests Felony 1 3% 0 0% 0 0% 0 0% 1 100%
Juvenile Arrests Misd 0 0% 0 0% 0 0% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 2 7% 0 0% 1 9% 1 100% 1 100%
Total Arrests 30 9 11 3 19
RMS-185c v1.0 Printed 6/6/2023 11:22:01 AM Page 1 of 1 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
5/1/2023 00:00:00 thru 5/31/2023 23:59:59
NEVADA CITY, CA 95959
(530) 265-4700

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 04
Subject: Building Activity Report May 2023
From: Lisa McCandless, Interim City Planner
Date: June 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 May 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 May 2023
Date
Record
Number Record Type Description Address Status
5/31/2023 231895 Express Permit
DIGITAL: Change out like for like HVAC gas/electric
package unit on the ground. Installed sewer backflow
prevention device to be verified at final. 1 inspection.

Final required.
502 NEVADA STREET, Nevada
City CA 95959 Issued
5/30/2023 231882 Express Permit
Reroof. Like for like. Cool Comp. 20 squares. Installed sewer backflow prevention device to be verified at
final.
555 NEVADA STREET, Nevada
City CA 95959 Received
5/25/2023 231855 Express Permit
Modify existing duct system to accommodate the
existing station/office air flow issues. Installed sewer backflow prevention device to be verified at final.

Include 1 inspection. Final required.
640 COYOTE STREET, Nevada
City CA 95959 Received
5/25/2023 231827 Full Review
DIGITAL: East facing wall exterior siding and windows
replaced. Approx 1045 sf.Sewer backflow preventer
has been verified under prior permits. Includes 2
inspections.
419 SPRING STREET, Nevada
City CA 95959 Issued
5/25/2023 231839 Express Permit
Digital. Installation of 100 amp sub panel and 120
volt circuit. Installed sewer backflow prevention
device to be verified at final. Includes 1 inspection.

Final required.
120 PARKSIDE PLACE, Nevada
City CA 95959 Issued
5/23/2023 231809 Full Review
Feb Storm: Replace Deck damaged in storm 464sf.

Inspector to verify sewer backflow device
installed.This permit includes up to 2 inspection. Final inspection required.
528 EAST BROAD STREET,
Nevada City CA 95959 Issued
5/23/2023 231810 Express Permit

1. ROOF MOUNTED SMALL-SCALE SINGLE-PHASE PV
ARRAY INSTALLATION 2. 125A BUS PV SUB PANEL
INSTALLATION 6.525 KW 15 SUNPOWER MODULES
544 EAST BROAD STREET,
Nevada City CA 95959 Received
5/22/2023 231770 Full Review
Commercial tenant improvement. Lower level
interior improvements only. B-occupancy, 4000 sf. of
existing space being remodeled. Includes 5
inspections.
650 GOLD FLAT ROAD,
Nevada City CA 95959 In Review
BUILDING ACTIVITY REPORT - May 2023
5/19/2023 231755
Over the Counter
Permit
200 Amp main replacement. Like for like. Includes 2
inspections. Final required.
22 TURPENTINE DRIVE,
Nevada City CA 95959 Finaled
5/19/2023 231754 Express Permit
Digital. Install new 7.695 kW PV system on home. 19
panels with microinverters. Sewer backflow device
verified. No action necessary. Includes 2 inspections.

Final required.
206 NEVADA STREET, Nevada
City CA 95959 Issued
5/18/2023 231734 Express Permit
Digital. Install NEW BATTERY : (1) TESLA
POWERWALL 2.0 Battery [13.5KWH] and NEW
GATEWAY : (1) TESLA GATEWAY2. Installed sewer
backflow prevention device to be verified at final.

Includes two inspections. Final required.
309 CROSS STREET, Nevada
City CA 95959 Issued
5/12/2023 231642 Express Permit
Replace & Upgrade main electrical service 100amp to
200amp to existing residencePer City of Nev City,
please verify installation of backflow preventer
device. This permit includes up to 2 inspections. Final inspection required.
208 COTTAGE STREET, Nevada
City CA 95959 Issued
5/9/2023 231594 Full Review
Convert portion of upper floor commercial space to 1
bedroom single family dwelling. 603 sf. New deck,
100 sf.Includes inspections.
320 SPRING STREET, Nevada
City CA 95959 In Review
5/8/2023 231581 Express Permit
DIGITAL: INSTALL(1) GAS TANKLESS WATER HEATER,
CONVERSION IFROM TANK TO TANKLESS. IN GARAGE.

EXISTING 1" PROPANE LINE TO REMAIN. 1 inspection.
261 WOODPECKER LANE,
Nevada City CA 95959 Issued
5/8/2023 231580 Express Permit Installation of 3.69kW rooftop photovoltaic system 270 BOULDER STREET, Nevada
City CA 95959 Received
5/8/2023 231569
Over the Counter
Permit
Add windows with new framing on upper & lower
floor. Add 2 new sky lights.Backflow verification
required. Includes 3 inspections.
204 CLAY STREET, Nevada City
CA 95959 Issued
5/4/2023 231524
Over the Counter
Permit
Storm damaged porch: replace existing front deck
and portion of porch roof. Replace existing 125a main
service panel. Provide copy of Backflow permit and
location to inspector.PERMIT INCLUDES 2
INSPECTIONS.
503 MILL STREET, Nevada City
CA 95959 Issued
5/3/2023 231501 Express Permit
FEB STORM: Reside residence with wood lap siding.

Replace 4 windows. Sewer backflow preventer
verification required. Includes 2 inspections.
107 COYOTE STREET, Nevada
City CA 95959 Issued
5/3/2023 231500
Over the Counter
Permit
Install 2) 6'ft. high CMU block walls, 2'ft. high stone walls with wrought iron fencing.PERMIT INCLUDES 3
INSPECTIONS.
300 SPRING STREET, Nevada
City CA 95959 Issued
5/2/2023 231489 Express Permit
PPR: Tear off and reroof with GAF cool comp shingles
for existing residence.Verification of Backflow
Preventer required. This permit includes 1 inspection.

Final inspection required.
107 COYOTE STREET, Nevada
City CA 95959 Issued

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 05
Subject: Consideration of Adoption of Resolution No. 2023- 24: A Resolution of the City Council of the City of Nevada City Acknowledging Receipt of the Nevada City Fire
Department Mandated Fire and Life Safety Inspections
Performed Within the City of Nevada City Pursuant to
Sections 13146.2 and 13146.3 of the California Health and Safety Code
From: Sam Goodspeed, Division Chief
Date: June 7, 2023
Reviewed & Approved:

STG
Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

Health and Safety Code (HSC) sections 13146.2 and 13146.3 require fire departments to conduct inspections of specific occupancies once a year. HSC Section 13146.4 then requires those fire departments report annually to the City Council on its compliance with those sections. Appendix A to the attached resolution details the Nevada City Fire Department’s 2022/2023 inspections as required by HSC 13146.4.

Overall, the Nevada City Fire Department completed 91% of the required inspections. This included 100% inspection compliance for Group E – Educational (9); Group I – Institutional (4); and Group R – Multi-Family Residential occupancies (34) and 83% for Group A – Assembly (44/53) occupancies.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:

Resolution 2023-24
RESOLUTION NO. 2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,

CALIFORNIA ACKNOWLEDGING RECEIPT OF THE NEVADA CITY FIRE

DEPARTMENT MANDATED FIRE AND LIFE AND SAFETY INSPECTIONS

PERFORMED WITHIN THE CITY OF NEVADA CITY PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Nevada City Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Nevada City Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Nevada City intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Nevada City Fire Department’s report prepared in compliance with California Health & Safety and Sections 13146.2 and 13146.3;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that said City Council expressly acknowledges receipt of the report from Nevada City Fire Department prepared in compliance with California Health & Safety Code Sections 13146.2 and 13146.3 as follows:

A. ASSEMBLY GROUP A OCCUPANCIES:

Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption or awaiting transportation.

During calendar year 2022/2023, the Nevada City Fire Department performed the annual inspections of 44 of 53 Group A Occupancies, buildings, structures and/or facilities. This is an inspection rate of 83% for this reporting period.

B. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.

During calendar year 2022/2023, Nevada City Fire Department inspected nine of nine Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

C. INSTITUTIONAL GROUP I OCCUPANCIES:

Institutional Group I Occupancies, for the purposes of this resolution, are generally those occupancies in which people, cared for or living in a supervised environment and having physical limitations because of health or age are harbored for medical treatment or other care or treatment.

During calendar year 2022/2023, the Nevada City Fire Department performed the annual inspection of four of four Group I Occupancies, buildings, structures and/or facilities. This is an inspection rate of 100% for this reporting period.

D. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more).

During calendar year 2022/2023, the Nevada City Fire Department performed the annual inspection of 39 of 39 Group R occupancies, buildings, structures and/or facilities.

This is a compliance rate of 100% for this reporting period.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 14th day June 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Doug Fleming, Mayor
ATTEST:
___________________________________
Niel Locke, City Clerk
Appendix A
Occupant Building Class Code: Group A - Assembly
Occupant Name Address Insp. Date

1. Bistro 221 221 Broad Street 05/17/2023

2. Chief Crazy Horse 230 Commercial Street 03/28/2023

3. Church of Jesus Christ Latter-Day Saints 615 Hollow Way 04/06/2023

4. Communal Cafe 233 Broad Street 04/03/2023

5. Delish Bish 214 Broad Street 06/01/2023

6. Doris Foley Historical Library 211 Pine Street 04/05/2023

7. Elks Lodge 518 State Highway 49 04/19/2023

8. Espirituart 426 Broad Street 05/17/2023

9. First Baptist Church 300 Main Street

10. Fred’s Szechwan Restaurant 224 Broad Street 05/16/2023

11. Friar Tuck's Restaurant 111 Pine Street 09/27/2022

12. Golden Era 309 Broad Street

13. Haven Underground 226 Broad

14. Heartwood Annex 239 Commercial Street 04/03/2023

15. Heartwood Eatery 237 Commercial Street 04/03/2023

16. I.O.O.F. Oustomah Lodge #16 212 Spring Street 01/25/2023

17. Ilekas Quarter Cafe 401 Commercial Street 05/08/2023

18. Jernigan’s Tap House and Grill 123 Argall 09/27/2022

19. Madeline Helling Library 980 Helling Way 04/05/2023

20. McGees Bar 315 Broad Street 04/03/2023

21. Mi Pueblo Taqueria 102 Union Alley 05/01/2023

22. Mine Shaft Saloon 222 Broad Street 03/28/2023

23. Miner Moe’s Pizza 102 Argall Way 09/28/2022

24. Miner Moe's Pizza 102 Argall Way 09/28/2022

25. Miners Foundry 325 Spring Street 04/03/2023

26. Mystic Theater 240 Commercial Street

27. Nevada City Classic Cafe 216 Broad Street 03/28/2023

28. Nevada County Courthouse 201 Church Street 04/05/2023

29. Nevada County Rood Center 950 Maidu Avenue 04/05/2023

30. Nevada Theater 401 Broad Street 05/17/2023

31. Elixart 203 York Street 05/08/2023

32. Northridge Inn 773 Nevada Street 05/16/2023

33. Nourish Sushi 106 Union Alley 05/01/2023

34. Off Broad Street 305 Commercial Street

35. One 11 Kitchen and Bar 300 Commercial Street

36. Saint Canice Catholic Church 317 Washington Street

37. Saint Canice Center 236 Reward Street 04/06/2023

38. Seamans Lodge 425 Nimrod Street 04/13/2023

39. Searls Historical Library 161 Nevada City Highway 05/08/2023

40. Sierra Presbyterian Church 118 Lower Grass Valley Rd. 10/27/2022

41. Sierra Presbyterian Church 175 Ridge Road 10/27/2022

42. Sopa Thai 312 Commercial Street 05/08/2023

43. Stonehouse Restaurant 107 Sacramento Street 04/03/2023

44. Sushi - Q 238 Commercial Street

45. Sushi in the Raw 135 Argall Way 09/27/2022

46. T.J.’s Roadhouse 101 Broad Street 03/07/2023

47. The Onyx Theater 105 Argall Way 09/27/2022

48. The Pizza Joint 228 Commercial Street 05/08/2023

49. The Place 110 Pine Street 05/16/2023

50. Three Forks 211 Commercial Street 05/16/2023

51. Trinity Episcopal Church 201 Nevada Street 04/12/2023

52. United Methodist Church 433 Broad Street 12/14/2022

53. Veterans of Foreign Wars Post 2655 415 Pine Street
Occupant Building Class Code: Group E – Educational
Occupant Name Address Insp. Date

1. 7-Hills School 700 Hoover Lane 05/08/2023

2. Deer Creek School 805 Lindley Avenue 03/27/2023

3. Earle Jamieson 112 Nevada City Hwy. 04/26/2023

4. Forest Charter School 470 Searls Avenue 04/24/2023

5. Little Creek Preschool 215 Washington Street 04/25/2023

6. Our Playhouse Too 415 Coyote Street 04/25/2023

7. Sierra Academy 505 Main Street 04/26/2023

8. Terrance K. McAteer School 400 Hoover Lane 05/15/2023

9. Twin Ridges Home Study 111 New Mohawk 04/26/2023
Occupant Building Class Code: Group I – Institutional
Occupant Name Address Insp. Date

1. Court Holding 201 Church Street 04/06/2023

2. Odyssey House 995 Helling Way 04/05/2023

3. Progress House 145 Bost Avenue 04/06/2023

4. Wayne Brown Correctional Facility 925 Maidu Avenue 04/06/2023 Occupant Building Class Code: Group R – Multi-Family Residential Occupant Name Address Insp. Date

1. 1856 Hotel 233 Broad Street 04/12/2023

2. Ah Gins Hotel 311 Commercial Street 05/02/2023

3. Atwood Motel 728 Nevada Street 04/12/2023

4. Broad Street Inn 517 Broad Street 04/12/2023

5. Cashins Field 170 Ridge Road 10/27/2022

6. Deer Creek Inn 116 Nevada Street 04/12/2023

7. Flume's End 317 South Pine Street 04/13/2023

8. Miners Inn 760 Zion Street 03/27/2023

9. National Hotel 211 Broad Street 03/28/2023

10. Nevada City Garden Apartments 475 Spring Street 04/13/2023

11. Northern Queen 400 Railroad Avenue 03/28/2023

12. Outside Inn 575 East Broad Street 04/12/2023

13. Piety Hill Inn 523 Sacramento Street 04/13/2023

14. Pineview Apartments 639 West Broad Street 04/12/202

15. Pioneer Court 347 Nile Street 04/13/2023

16. Private 100 North Pine Street 04/12/2023

17. Private 155 King Hiram Lane 04/24/2023

18. Private 159 King Hiram Lane 04/24/2023

19. Private 185 King Hiram Lane 04/24/2023

20. Private 203 South Pine Street 04/12/2023

21. Private 204 King Hiram Lane 04/24/2023

22. Private 207 King Hiram Lane 04/24/2023

23. Private 210 King Hiram Lane 04/24/2023

24. Private 222 Sacramento Street 04/13/2023

25. Private 224 Sacramento Street 04/13/2023

26. Private 226 Sacramento Street 04/13/2023

27. Private 227 King Hiram Lane 04/24/2023

28. Private 228 Sacramento Street 04/13/2023

29. Private 300 South Pine Street 04/13/2023

30. Private 401 Factory Street 04/12/2023

31. Private 404 Factory Street 04/12/2023

32. Private 415 Spring Street 04/12/2023

33. Private 509 Nimrod Street 04/13/2023

34. Private 515 Nimrod Street 04/13/2023

35. Private 624 Zion Street 04/13/2023

36. Private 744 Zion Street 04/13/2023

37. The Madison House427 Broad Street 04/03/2023

38. The Sierras Apartments 637 West Broad Street 04/12/2023

39. Two Room Inn 431 Broad Street 04/03/2023

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 06
Subject: Consideration of Resolution No. 2023-25: A
Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-12 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm
From: Sean Grayson, City Manager
Date: June 9, 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. On April 12, 2023, Council adopted Resolution No. 2023-12 extending the local emergency.

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. 2023-25, the extension will provide for those provisions to be effective until August 13, 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:

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 2023-25

RESOLUTION NO. 2023-25

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- 12 DECLARING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE DECEMBER 27, 2022, WINTER STORM
WHEREAS, the city manager, acting in her capacity as the Director of Civil Defense and Disaster declared existence of an emergency pursuant to Government Code Section 8630 and Nevada City Municipal Code Section 2.44.0505(A)(1) and enacted Proclamation 2023-01 on January 5, 2023; and
WHEREAS, the City Council ratified the proclamation on January 11, 2023, by adopting Resolution No. 2023-03; and
WHEREAS, the proclamation provides that:
- the City was inundated by winterstorm that created excessive amounts of rain and snow in an area that generally does not received much snow;
- the impacts of the storm resulted in a large number of fallen trees and limbs creating safety hazards throughout the city as well as downed power lines and loss of power; - the conditions presented by the 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
WHEREAS, while power has been restored, the other conditions of downed trees and other debris combined with limited staff and resources continue to exist and warrant continuation of the emergency declaration; and
WHEREAS, the declaration must be renewed every 60 days to maintain its full force and effect; and
WHEREAS, the City Council adopted Resolution 2023-12 extending the declaration through the June 14, 2023 City Council meeting; and
WHEREAS, the conditions cited in the proclamation continue to exist in and around the city; and
WHEREAS, a true and correct copy of Proclamation 2023-01 is attached hereto and incorporated by reference;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that Proclamation 2023-01 declaring an emergency is hereby continued in full force and effect.

PASSED, APPROVED AND ADOPTED this 14th day of June 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: June 14, 2023 Agenda Item No. 07
Subject: Consideration of Adoption of Resolution No. 2023- 26: A Resolution of the City Council of the City of Nevada City Authorizing the Acceptance of Funding Related to the California Tobacco Grant Award for the 2022-2023 Year.

From: Dan Foss, Chief of Police
Date: June 6, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

The California Tobacco Grant is a recurring annual grant awarded to communities with the goal of reducing tobacco and vaping, especially among school-aged youth. The California Tobacco Grant allows funding for material, enforcement activity, and personnel expenses to reduce tobacco and vaping.

Nevada City Police Department applied for this grant in July of 2022, and was awarded the grant in November of 2023. The total award for the grant was $111,835.00 over 36 months.

In order to receive the Tobacco Grant Funding, the City must adopt the included enabling resolution.

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:

Any grant proceeds would be allocated to the proposed project upon receipt. There is no match for this grant application.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:

Resolution number 2023-26
RESOLUTION NO. 2023-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY

AUTHORIZING THE ACCEPTANCE OF FUNDING RELATED TO THE
CALIFORNIA TOBACCO GRANT AWARD FOR THE 2022-2023 YEAR
WHEREAS, the members of the California Legislature have recognized the need for tobacco and vaping enforcement and prevention with school-aged youth; and WHEREAS, the state has provided funding to local governments for action in these areas; and
WHEREAS, the City of Nevada City and the Nevada City Police Department understand the need and have strategic plans in place to reduce school-aged youth in participating in tobacco activities; and
WHEREAS, the City of Nevada City has determined that it will use grant funds from the State of California to reduce cannabis usage throughout the City of Nevada City; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Nevada City the grant agreement with the State of California regarding tobacco grant funding.

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 14th day of June 2023 by the following vote:

I hereby certify that the foregoing is a true copy of the resolution adopted by the City Council of the City of Nevada City in a meeting thereof held on June 14, 2023, by the following:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:

Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 08
Subject: Consideration of Award of Contract with PSCE in an Amount Not-To-Exceed $141,450 for 2023 Sewer
Improvements at Various Locations; Authorize a Project
Contingency of 10%, Not-To-Exceed $14,100; and Authorize the City Manager to Execute any Contracts or Related
Documents.

From: Bryan McAlister, City Engineer
Date: June 6, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents.

ISSUE STATEMENT AND DISCUSSION:

City Engineering and Public Works staff identified areas where Sewer Collection System improvements are needed. This includes replacement of brick manholes with sealed concrete manholes to help prevent infiltration of groundwater. The sewer improvements will reduce the amount of infiltration that occurs during extended storm events which results in excess flow to the wastewater treatment plant.

Sewer Collection System projects are prioritized for capital improvements based on inspection reports, Age-Class maps and the City’s Water and Wastewater Infrastructure and Operations Audit and are included in the Capital Improvements Plan (CIP). This project is a ‘Priority 1 – Critically needed project’ for replacement and maintenance due to the age of pipe and manholes. The sewer improvements are located at various locations as shown on the plans included in the contract documents.

City staff procured bids for 2023 Sewer Improvements at Various Locations as advertised. Bids were received, as follows:

PSCE, Brownsville CA $ 141,450
Hansen Bros, Grass Valley CA $ 232,163
C&D Construction, Nevada City CA $ 198,040
PSCE was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project will be funded as authorized by fiscal year 2022/2023 sewer fund appropriations and by Measure M for sewer collection system improvements.

STRATEGIC PLAN ALIGNMENT:

The project is aligned with the strategic initiative of INFRASTRUCTURE: Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

ATTACHMENTS:
 Contract for 2023 Sewer Improvements at Various Locations 1 2023 Sewer Improvements
at Various Locations
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199
2 NOTICE TO CONTRACTOR'S
2023 Sewer Improvements at Various Locations
Sealed proposals for 2023 Sewer Improvements at Various Locations will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday June 8th, 2023, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California.

Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked "2023 Sewer Improvements at Various Locations” No Bid Bonds are required.

The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California.

There is no pre-bid meeting for this project.
************************************************************************* The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.

DATED: May 26, 2023 CITY OF NEVADA CITY

Bryan McAlister, P.E.

City Engineer
Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. Any request for clarification shall be submitted in writing, via email, to Bryan McAlister [email protected] not less than seventy-two (72) hours prior to bid opening.

6 LIST OF SUBCONTRACTORS

NAME (DBE Y/N) PLACE OF BUSINESS

CONTRACTORS LICENSE

PORTION OF WORK

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

60 SEWER SYSTEM IMPROVEMENTS 2023
(NARRATIVE DESCRIPTION)
Nimrod St.
1) (deleted Add#1)
Alexander St.
2) Reconstruct and provide new manhole approximately 6 feet deep with new bottom including new lid and ring at pavement level.
(Old lid property of the city)
Dean Alley (End)
3) Reconstruct and provide new manhole 5 feet deep.  (Reuse lid and ring) Patch and Pave (Old brick manhole)
B Street
4) Reconstruct and provide new manhole 5 feet deep w/new base.  (Reuse lid and ring) Patch and Pave. (Old brick manhole)
Coyote St.
5) Replace exiting clean‐out @ 536 Coyote St.  with new manhole approximately 3 feet deep, right side of road

Long St./Turpentine
6) Repair and seal manhole, replace existing broken lid and ring in gutter, also, add one riser to grade, repair gutter around manhole approximately 2 feet deep at Turpentine Ave.

Clay St./Martin St.
7) A. (deleted Add#1)
B. (deleted Add#1)

61 South Pine St.
8) A. Replace 40‐50 feet of 6‐inch sewer with SDR35 sewer main as shown. Patch and pave.

B. Install new manhole to replace lamp hole at existing line on S. Pine St. near 436 S. Pines St. approximately 3 feet deep (new lid and ring). Patch and Pave.

Park Ave. Extension
9) (deleted Add#1 )
Searls Ave.
10) (deleted Add#1)
Off Searls Ave.
11) Remove, restore bottom and reinstall existing manhole, lid and ring.  Seal all joints including manhole base.

Seal all potential leaks (Reuse manhole, ring and lid)
Off Searls Ave.
12) Remove, restore bottom and reinstall existing manhole, lid and ring.  Seal all joints including manhole base.  Seal all potential leaks. (Reuse manhole, rim and lid)

Zion St‐Yard
13) Construct new manhole, reuse existing lid and ring on new manhole approximately 3 feet deep.  Pour new bottom and seal all joints.

Cottage St.
14) Reconstruct manhole in street with new lid and ring approximately 9 feet deep.  New bottom is also required.

Patch and Pave.  (Old lid and ring property of the city).

Park Ave.
15) (deleted Add#1)
Park Ave.
16) (deleted Add#1)
62 Argall Way
17) Construct new manhole as shown in roadway, approximately 4 feet deep.    Remove old clean‐out on bank and replace 10’ of 6” sewer line with SDR35 sewer.  Patch and pave, seal all joints.

7 AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the 2023 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within forty (40) working days after Contractor receives said Notice to Proceed.

5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.

6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties. 8 7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.

The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.

8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.

Executed in duplicate this day of , .

ATTEST: CITY OF NEVADA CITY

By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)
9 GENERAL CONDITIONS

1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.

2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.

3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.

4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.

5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof. 10 6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.

7. Performance Bond
No Performance bond shall be required for this project.

8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.

A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer and in accordance with Section [9550 - 9566] of the CA Code.

9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.

10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:

General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed General Liability Insurance or
operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification. 11 11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
https://www.dir.ca.gov/oprl/DPreWageDetermination.html
And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
 All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) 12 PART B

GENERAL CONDITIONS
Article
Number Title
1 Definitions
2 Preliminary Matters
3 Correlation, Interpretation and Intent of Contract Documents 4 Availability of Lands; Physical Conditions; Reference Points 5 Bonds of Insurance
6 Contractor's Responsibilities
7 Work by Others
8 Owner's Responsibilities
9 Engineer's Status During Construction
10 Changes in the Work
11 Change of the Contract Price
12 Change of the Contract Time
13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work
14 Payments and Completion
15 Suspension of Work and Termination
16 Arbitration
17 Miscellaneous
13 INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Access to the Work 13.5
Addenda--definition of (see definition of Specifications) 1 Agreement--definition of 1
Agreement, Execution of 2.1
Application for Payment--definition of 1
Application for Payment, Final 14.12
Application for Progress Payment 14.2
Approval of Final Payment 14.13, 14.14
Approval of Payments--in general 14.4 thru 14.7.5
Arbitration 16
Availability of Lands 4.1
Award--Notice of--defined 1
Before Starting Construction 2.7 thru 2.9
Bid--definition 1
Bidder--definition 1
Bonds, Additional and Insurance 5.12
Bonds and Insurance--in general 5
Bonds--definition of 1
Bonds, Delivery of 2.2
Bonds, Performance and Payment 5.1, 5.2
Cash Allowances 11.9
Change Order--definition of 1
Changes in the Work 10
Claims, Waiver of 14.16
Clarifications and Interpretations 9.3
Cleaning 6.29
Completion, Payments and 14
Completion, Substantial 14.8, 14.9
Contract Documents--definition of 1
Contract Price, Change of 11
Contract Price--definition of 1
Contract Time, Change of 12
Contract Time--Commencement of 2.5
Contract Time--definition of 1
Contractor--definition of 1
Contractor May Stop Work or Terminate 15.5
Contractor, Neglected Work by 13.12
Contractor's Continuing Obligation 14.15
Contractor's Fee 11.6
Contractor's Liability Insurance 5.3
Contractor's Pre-Start Representations 2.4
Contractor's Responsibilities--in general 6
Contractor's Warranty of Title 14.3
Copies of Documents 2.3
Correction or Removal of Defective Work 13.9
Correction Period, One Year 13.10
Correction, Removal or Acceptance of Defective Work--in general 13 Correlation, Interpretation and Intent of Contract Documents 3 Cost of Work 11.4, 11.5
14 Costs, Supplemental 11.4.5
Day--definition of 1
Defective Work, Acceptance of 13.11
Defective Work, Correction or Removal of 13.9
Defective Work--definition of 9.4
Defective Work--in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.2
Disagreements, Decisions by Engineer 9.9, 9.10
Documents, Copies of 2.3
Drawings--definition of 1
Drawings, Record 6.19
Emergencies 6.22
Engineer--definition of 1
Engineer's Responsibilities, Limitations on 9.11 thru 9.13 Engineer's Status During Construction--in general 9
Execution of Agreement 2.1

Fee, Contractor's 11.6
Field Order--definition of 1
Field Order--issued by Engineer 10.2
Final Acceptance for Payment 14.12
Final Inspection 14.11
Final Payment, Approval of 14.13, 14.14
General--Miscellaneous Provisions 17.3 thru 17.7
Giving Notice 17.1
Guarantee 13.1
Indemnification 6.30 thru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.2, 13.3
Insurance--Additional Bonds and 5.12
Insurance, Bonds and--in general 5
Insurance--Certificates of 2.9 and 5
Insurance, Contractor's Liability 5.3
Insurance, OWNER's Liability 5.4
Insurance, Property 5.5 thru 5.11
Interpretations and Clarifications 9.3
Labor, Materials and Equipment 6.3 thru 6.6
Laws and Regulations 6.15
Limitations on Engineer's Responsibilities 9.11 thru 9.13 Local Conditions--Contractor's familiarity with 2.4
Materials and Equipment--furnished by Contractor 6.3
Materials or Equipment, Substitute 6.7
Miscellaneous Provisions 17
Modification--definition of 1

Neglected Work by Contractor 13.12
Notice, Giving of 17.1
Notice of Award--definition of 1
Notice to Proceed--definition of 1
15 Notice to Proceed--giving of 2.5
"Or-Equal" Items 6.7
OWNER--definition of 1
OWNER May Stop Work 13.8
OWNER May Suspend Work, Terminate 15.1 thru 15.4
OWNER's Liability Insurance 5.4
OWNER's Representative--Engineer to serve as 9.1
OWNER's Responsibilities--in general 8
Partial Utilization 14.10
Patent Fees and Royalties 6.13
Payments and Completion--in general 14
Payments, Approval of 14.4 thru 14.7.5
Performance, Payment and other Bonds 5.1 thru 5.2
Permits 6.14, 6.15
Physical Conditions--Surveys and Reports 4.2
Physical Conditions, Unforeseen 4.3
Preconstruction Conference 2.9
Premises, Use of 6.17, 6.18
Price--Change of Contract 11
Price--Contract--definition of 1
Progress Payment, Applications for 14.2
Progress Schedule 2.8, 14.1
Project--definition of 1
Project Representative, Resident--definition of 1
Project Representative, Resident--provision of 9.8
Project, Starting 2.6
Property Insurance 5.5 thru 5.11
Protection, Safety and 6.20 thru 6.21
Record Drawings 6.19
Reference Points 4.4
Regulations, Laws and 6.15
Rejecting Defective Work 9.4
Removal or Correction of Defective Work 13.9
Resident Project Representative--definition of 1
Resident Project Representative--provision of 9.8
Responsibilities, Contractor's 6
Responsibilities, OWNER's 8
Royalties, Patent Fees and 6.13
Safety and Protection 6.20 thru 6.21
Samples 6.23
Schedule of Shop Drawings Submissions 2.8, 14.1
Schedule of Values 14.1
Shop Drawings and Samples 6.23 thru 6.28
Shop Drawings--definition of 1
Site inspection--by Contractor 2.8
Site, Visits to--by Engineer 9.2
Specifications--definition of 1
Starting Construction, Before 2.7 thru 2.9
Stopping Work--by Contractor 15.5
Stopping Work--by OWNER 13.8
Subcontractor--definition of 1
Subcontractors--in general 6.8 thru 6.12
Substantial Completion--certification of 14.8
16 Substantial Completion--definition of 1
Substitute Materials or Equipment 6.7
Subsurface Conditions 4.2, 4.3
Supplemental Costs 11.4.5
Surety--consent to payment 14.12, 14.14
Surety--qualification of 5.1, 5.2
Suspending Work, by OWNER 15.1
Suspension of Work and Termination--in general 15
Superintendent--Contractor's 6.2
Supervision and Superintendence 6.1, 6.2
Taxes 6.16
Termination--by Contractor 15.5
Termination--by OWNER 15.2 thru 15.4
Termination, Suspension of Work and--in general 15
Tests and Inspections 13.2, 13.3, 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract--definition of 1
Uncovering Work 13.6, 13.7
Use of Premises 6.17, 6.18
Values, Schedule of 14.1
Visits to Site--by Engineer 9.2
Waiver of Claims 14.16
Warranty and Guarantee--by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.5
Work by Others--in general 7
Work, Cost of 11.4
Work--definition of 1
Work, Neglected by Contractor 13.12
Work, Stopping by Contractor 15.5
Work, Stopping by OWNER 15.1 thru 15.4
17 GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement.

Application for Payment - The form furnished by ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of CONTRACTOR that progress payments therefore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Bid - The offer or proposal of the Bidder submitting on the prescribed form setting forth the prices for the Work to be performed.

Bidder - Any person, firm, or corporation submitting a Bid for the Work.

Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents.

Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

Contract Documents - The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Instructions to Bidders. CONTRACTOR's Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifications.

Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents.

Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 17.2.

CONTRACTOR - The person, firm, or corporation with whom OWNER has executed the Agreement.

Day - A calendar day of twenty-four hours measured from midnight to the next midnight.

Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.

ENGINEER - The person, firm or corporation named as such in the Agreement.

Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.

Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) 18 a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Agreement.

Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him.

Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Document.

OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed.

Project - The entire construction to be performed as provided in the Contract Documents.

Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof.

Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work.

Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The specifications are customarily organized in 16 divisions in accordance with the Uniform System for Construction Specifications endorsed by the Construction Specifications Institute. [Note: the term "Technical Provisions" formerly described what is now referred to as the Specifications. For uniformity with the usage of other professional societies the term "Project Manual" is used to describe the volume formerly referred to as "The Specifications." The Project Manual contains documents concerning bidding requirements which in general govern relationships prior to the execution of the Agreement (such as the Invitation to Bid, Instructions to Bidders and Notice of Award) and the other portions of the Contract Documents.]
Subcontractor - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purpose for which it was intended: or if there be no such certification, the date when final payment is due in accordance with paragraph 14.13.

Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. 19 ARTICLE 2 - PRELIMINARY MATTERS

Execution of Agreement:

2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen days of the Notice of Award: and OWNER will execute and deliver one counterpart to CONTRACTOR within ten days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required.

Delivery of Bonds:

2.2 When he delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with paragraph 5.1.

Copies of Documents:

2.3 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise provided in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.

Additional copies will be furnished, upon request, at the cost of reproduction.

Contractor's Pre-Start Representations:

2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the General Requirements (Division 1) of the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents.

Commencement of Contract Time: Notice to Proceed:

2.5 The Contact Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to CONTRACTOR: or if Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR.

Starting the Project:

2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run.
20 Before Starting Construction:

2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.

He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover, however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.

2.8 Within ten days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions.

2.9 Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedules to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR, and his Superintendent.

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF

CONTRACT DOCUMENTS

3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification.

3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

The CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, or discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;

REFERENCE POINTS

Availability of Lands:

4.1 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed 21 by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

Physical Conditions - Surveys and Reports:

4.2 Reference is made to the General Requirements (Division 1) of the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications.

Unforeseen Physical Conditions:

4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions.

Reference Points:

4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work (unless otherwise provided in the Supplementary Conditions), and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. He shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed, or moved.

ARTICLE 5 - BONDS AND INSURANCE
Performance and Payment Bonds:

5.1 Upon execution of the contract agreement, CONTRACTOR shall also provide, at his own expense, a separate Payment bond, in an amount equal to at least 100 percent of the contract price, as security for payment of all persons performing labor and furnishing materials regarding the contract. This payment bond must remain in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid and shall 22 otherwise comply with civil code. Sureties for these bonds shall be satisfactory to the City Attorney.

Should any bond become insufficient, CONTRACTOR shall renew the bond within 10 working days after receipt of notice from the City.

Should any surety at any time be unsatisfactory to the City, a notice will be given to CONTRACTOR to that effect.

No further payments shall be deemed due or will be made under said agreement until a new surety shall qualify and be accepted by the City.

Changes in said agreement or extensions of time, made pursuant to the agreement, shall in no way release CONTRACTOR or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

Contractor's Liability Insurance:

5.2 CONTRACTOR shall purchase and maintain such insurance as will protect him from claims under workman's compensation laws, disability benefit laws, or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom – any or all of which may arise out of or result from CONTRACTOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverages and be written for not less than any limits of liability and maximum deductibles specified in the Supplementary Conditions or General Requirements (Division 1) or required by law, whichever is greater, shall include parties. Before starting Work, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen days prior written notice has been given to OWNER and ENGINEER.

Any deductibles or self-insured retentions must be declared to and approved by the OWNER. At the option of the OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER, its officers, officials, employees and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the OWNER guaranteeing payment of losses and related investigations, claim administration and defense expenses.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The ENGINEER and the OWNER, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance.

2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the ENGINEER and the OWNER, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the ENGINEER and the OWNER, its officers, officials, employees, or volunteers 23 shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall be cancelled by either party, except after fifteen (15) days prior written notice by certified mail, return receipt requested, has been given to the OWNER and the ENGINEER.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Insurance is to be placed with a current A.M. Best's rating of no less than A:VII.

CONTRACTOR shall furnish the OWNER with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the OWNER or on other than the OWNER's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserved the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

CONTRACTOR shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

OWNER's Liability Insurance:

5.4 OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract Documents.

Property Insurance:

5.5 Unless otherwise provided, OWNER shall purchase and maintain property insurance upon the Project to the full insurable value hereof. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work, shall insure against the perils of Fire, Extended Coverage, Vandalism, and Malicious Mischief, and such other perils as may be specified in the Supplementary Conditions or General Requirements (Division 1), and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys, and other professionals).

5.6 OWNER shall purchase and maintain such steam boiler and machinery insurance as may be required by the Supplementary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work.

5.7 Any insured loss under the policies of insurance required by paragraphs 5.5 and 5.6 is to be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.11.

5.8 OWNER shall file a copy of all policies with CONTRACTOR before an exposure to loss may occur. If 24 OWNER does not intend to purchase such insurance, he shall inform CONTRACTOR in writing prior to commencement of the Work. CONTRACTOR may then effect insurance which will protect the interests of himself and his Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to OWNER.

If CONTRACTOR is damaged by failure of OWNER to purchase or maintain such insurance and so to notify CONTRACTOR, then OWNER shall bear reasonable costs properly attributable thereto.

5.9 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance and the cost thereof shall be charged to CONTRACTOR by appropriate Change Order.

5.10 OWNER and CONTRACTOR waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. CONTRACTOR shall require similar waivers by Subcontractors in accordance with paragraph 6.12.

5.11 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to OWNER's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Article 16. OWNER as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

Additional Bonds and Insurance:

5.12 Prior to delivery of the executed Agreement by OWNER to CONTRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR; if subsequent thereto, they shall be paid by OWNER (except as otherwise provided in paragraph 6.7).

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence:

6.1 CONTRACTOR shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents.

CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.

6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR.
25 Labor, Materials, and Equipment:

6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform personnel to survey and lay out the Work and perform construction as required by the Contact Documents. He shall at all times maintain good discipline and order at the site.

6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment, and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work.

6.5 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents.

Substitute Materials or Equipment:

7.1 If the General Requirements (Division 1 of the Specifications), law, ordinance, or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference called for by paragraph 2.9 (unless another time is provided in the General Requirements), make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as OWNER may require which shall be furnished at CONTRACTOR's expense.

Concerning Subcontractors:

6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work or Work not in conformance with the Contract Documents. If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CONTRACTOR after the Notice of Award.

CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the 26 difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. CONTRACTOR shall not without the consent of OWNER and ENGINEER make any substitution for any Contractor, other person or organization who has been accepted by OWNER and ENGINEER unless ENGINEER determines that there is good cause for doing so.

6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER or pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values.

6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.

6.11 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER.

6.12 All Work performed for CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee under paragraph 5.9. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR under paragraph 5.5 through 5.11, inclusive.

Patent Fees and Royalties:

6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of an invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.

Permits:
27 6.14 CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.

CONTRACTOR shall also pay all public utility charges.

Laws and Regulations:

6.15 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications and Drawings are at variance therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations.

Taxes:

6.16 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed.

Use of Premises:

6.17 CONTRACTOR shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.

6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it.

Record Drawings:

6.19 CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show changes made during the construction process.

These shall be available to ENGINEER and shall be delivered to him for OWNER upon completion of the Project. [Note: Further provisions in respect of such record drawings may be included in the General Requirements (Division 1).]
Safety and Protection:

6.20 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

6.20.1 all employees on the Work and other persons who may be affected thereby,

6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site and
28 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify OWNERs of adjacent utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR: except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that Work is acceptable

6.21 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.

Emergencies:

6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If CONTRACTOR believes that additional work done by him in any emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and

12. Shop Drawings and Samples:

6.23 After checking and verifying all field measurements. CONTRACTOR shall submit to ENGINEER for approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8) five copies (or at ENGINEER's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like to enable ENGINEER to review the information as required.

6.24 CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
29 6.25 At the time of submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents.

6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved.

CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.

6.27 Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by ENGINEER. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER.

6.28 ENGINEER's approval of Shop Drawings or samples shall not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings.
[Note: Further provisions in respect to Shop Drawings and samples may be included in the General Requirements (Division 1).]
Cleaning:

6.29 CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. [Note: Further provisions in respect to cleaning may be included in the General Requirements (Division 1).] Indemnification:

6.30 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified 30 hereunder.

6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees by an employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, his agents, or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents, or employees provided such giving or failure to give is the primary cause of injury or damage.

ARTICLE 7 - WORK BY OTHERS

7.1 OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. CONTRACTOR shall afford the other CONTRACTOR'S who are parties to such direct contracts (or OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs.

7.2 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work.

7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. CONTRACTOR shall not endanger any work by others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and of the other CONTRACTOR'S whose work will be affected.

7.4 If the performance of additional work by other CONTRACTOR'S or OWNER is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves him in additional expenses or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12.

ARTICLE 8 - OWNER'S RESPONSIBILITIES

8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 31 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objections, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration.

8.3 OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraph 14.4 and 14.13.

8.4 OWNER's duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications.

8.5 OWNER's responsibilities in respect of liability and property insurance are set forth in paragraph 5.4 and

5.5. 8.6 In addition to his rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) shall be obligated to execute Change Orders.

8.7 OWNER's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph

13.2. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.8 and 15.1.

Paragraph 15.2 deals with the OWNER's right to terminate services of CONTRACTOR under certain circumstances. 32 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION

OWNER's Representative:

9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of OWNER and ENGINEER.

Visits to Site:

9.2 ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work of CONTRACTOR'S.

Clarifications and Interpretations:

9.3 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.

Rejecting Defective Work:

9.4 ENGINEER will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2 or has been damaged prior to approval of final payment). He will also have authority to require special inspection or testing of the Work as provided in paragraph 13.7, whether or not the Work is fabricated, installed, or completed.

Shop Drawings, Change Orders and Payments:

9.5 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive.

9.6 In connection with ENGINEER's responsibility for Change Orders, see Articles 10, 11, and 12. 33 9.7 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article

14. Resident Project Representative:

9.8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants shall be as set forth in an exhibit to be incorporated in the Contract Documents.

Decisions on Disagreements:

9.9 ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution of or performance under the Contract Documents shall be referred to ENGINEER for decision; which he will render in writing within a reasonable time.

9.10 Either OWNER or CONTRACTOR may demand arbitration with respect to any such claim, dispute or other matter that has been referred to ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16, such arbitration to be in accordance with Article 14.16, such arbitration to be in accordance with Article 16. However, no demand for arbitration of any such claim, dispute, or other matter shall be made until the earlier of (a) the date on which ENGINEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which ENGINEER rendered his written decision in respect to the claim, dispute, or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.

Limitations on ENGINEER's Responsibilities:

9.11 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees any other person performing any of the Work.

9.12 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.

9.13 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the Work. 34 ARTICLE 10 - CHANGES IN THE WORK

10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, other additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party.

10.2 ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.

10.3 Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraphs 10.2 and 13.7.

10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided in paragraph 4.3, and Work performed in an emergency as provided in paragraph

6.22 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by ENGINEER.

10.5 It is CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly.

CONTRACTOR shall furnish proof of such adjustment to OWNER.

ARTICLE 11 - CHANGE OF THE CONTRACT PRICE

11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.

11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order.

11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 35 11.3.2 By mutual acceptance of a lump sum.

11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6).

Cost of the Work:

11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5:

11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.

Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foreman at the site. The expenses of performing work after regular working hours on Sunday or legal holidays shall be included in the above to the extent authorized by OWNER.

11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.

11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

11.4.4 Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers, and accountants) employed for services specifically related to the Work.

11.4.5 Supplemental costs including the following:

11.4.5.1 The proportion of necessary transportation, traveling, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work.

11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which 36 remain the property of CONTRACTOR.

11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.

11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority.

11.4.5.5 Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses.

11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2.

11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.

11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.

11.4.5.9 Cost of premiums for bonds and insurance which OWNER is required to pay in accordance with paragraph 5.12.

11.5 The term Cost of the Work shall not include any of the following:

11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1--all of which are to be considered administrative costs covered by the Contractor's Fee.

11.5.2 Expenses of CONTRACTOR's principal and branch offices other than his office at the site.

11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments.

11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in 37 subparagraph 11.4.5.9).

11.5.5 Costs due to negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property.

11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4.

Contractor's Fee:

11.6 The Contractor's Fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows:

11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon,

11.6.2 a fee based on the following percentages of the various portions of the Cost of the Work:

11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent,

11.6.2.2 for costs incurred under paragraph 11.4.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and

11.6.2.3 no fee shall be payable on the tasks of costs itemized under paragraphs 11.4.4, 11.4.5 and

11.5. 11.7 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.

11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data.

Cash Allowance:

11.9 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit of the allowances as ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. 38 ARTICLE 12 - CHANGE OF THE CONTRACT TIME

12.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.

12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph 12.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

39 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OF

ACCEPTANCE OF DEFECTIVE WORK

Warranty and Guarantee:

13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, test or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.

Tests and Inspections:

13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified.

13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice.

13.4 Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents.

Access to Work:

13.5 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.

Uncovering Work:

13.6 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense.

13.7 If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, 40 material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11, and 12.

OWNER May Stop the Work:

13.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.

Correction or Removal of Defective Work:

13.9 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct or defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work.

One Year Correction Period:

13.10 If after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.

Acceptance of Defective Work:

13.11 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. 41 Neglected Work by Contractor:

13.12 If CONTRACTOR shall fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.

ARTICLE 14 - PAYMENTS AND COMPLETION

Schedules:

14.1 At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER.

Application for Progress Payment:

14.2 At least ten days before such progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Contractor's Warranty of Title:

14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens").

Approval of Payments:

14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing 42 his approval of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.

14.5 ENGINEER's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to the evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment ENGINEER will not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, or procedures of construction, or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER free and clear of any Liens.

14.6 ENGINEER's approval of final payment will constitute an additional representation by him to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled.

14.7 ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect OWNER from loss because:

14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement,

14.7.2 claims or Liens have been filed or there is reasonable cause to believe such may be filed,

14.7.3 the Contract Price has been reduced because of Modifications,

14.7.4 OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 13.11, or

14.7.5 of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up.

Substantial Completion:

14.8 Prior to final payment, CONTRACTOR may, in writing to OWNER and ENGINEER, certify that the entire Project is substantially complete and request that ENGINEER issue a certificate of Substantial Completion.

Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Project to determine the status of completion. If ENGINEER does not consider the Project substantially complete, he will notify CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers the Project 43 substantially complete, he will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between OWNER and CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Project substantially complete, he will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER.

14.9 OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Partial Utilization:

14.10 Prior to final payment, OWNER may request CONTRACTOR in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Project to determine its status of completion. If ENGINEER does not consider that it is substantially complete, he will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers that part of the Project to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project.

OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Final Inspection:

14.11 Upon written notice from CONTRACTOR that the Project is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.

Final Application for Payment:

14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents--all as required by the Contract Documents, he may make application for final payment following the 44 procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, materialman, fabricator or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify him against any Lien.

Approval of Final Payment:

14.13 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, he will return the Application to CONTRACTOR, indicating in writing his reasons for refusing to approval final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved final Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.

14.14 If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER shall, upon certification by ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Contractor's Continuing Obligation:

14.15 CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval or any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents.

Waiver of Claim:

14.16 The making and acceptance of final payment shall constitute:

14.16.1 a waiver of all claims by OWNER against CONTRACTOR other than those arising from unsettled Liens, from defective work appearing after final inspection pursuant to paragraph 14.11 or from failure to 45 comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and

14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:

15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12.

OWNER May Terminate:

15.2 If CONTRACTOR is adjusted a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in a Change Order.

15.3 Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability.

15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any right or remedy, elect to abandon the Project and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit.

Contractor May Stop Work or Terminate:

15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application 46 for Payment within thirty days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by ENGINEER or awarded by arbitrators within thirty days of its approval and presentation, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due.

ARTICLE 16 - ARBITRATION

16.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.

16.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for arbitration shall be made within the thirty-day period specified in paragraph 9.10 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

16.3 CONTRACTOR will carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in writing.

ARTICLE 17 - MISCELLANEOUS
Giving Notice:

17.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice.

Computation of Time:

17.2 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.

General:

17.3 All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the 47 place of the Project.

17.4 All Specifications, Drawings and copies thereof furnished by ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project.

17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantees or by other provisions of the Contract Documents.

17.6 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

17.7 The Contract Documents shall be governed by the law of the place of the Project.

48 Excerpts from CA Labor Code
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. 1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under 49 subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. (Amended by Stats. 2011, Ch. 677, Sec. 1. Effective January 1, 2012.) 1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner 50 specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
(f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
(Amended by Stats. 2014, Ch. 28, Sec. 71. Effective June 20, 2014.) 1777.5
(a) This chapter does not prevent the employment of properly registered apprentices upon public works. (b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for 51 apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
52 (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and 53 geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
(Amended by Stats. 2016, Ch. 746, Sec. 1. Effective January 1, 2017.) 1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.

54 General Notes:

A. The CONTRACTOR shall examine the working drawings: architectural, structural, mechanical and electrical, and shall notify the architect and/or engineers of any discrepancies he may find before proceeding with the work.

B. The CONTRACTOR shall verify and be responsible for all dimensions and conditions at the site and shall notify the designer of discrepancies between the actual conditions and information shown on the drawings before proceeding with the work.

C. All work shall conform to the minimum standards for the latest edition of the Uniform Building Code, Caltrans Standard General Specifications and such other regulating agencies exercising authority over any portion of the work.

D. Specifications (if included) are integral to the drawings. Notify designer before proceeding with any work if any disparity arises between drawings and specifications.

E. All work shall conform to the best practice prevailing in the various trades comprising the work.

F. Specific notes and details shall take precedence over General Notes and Typical Details. Dimensions shall supersede scale.

G. Details shown describe the general intent and character of the project. Any specific areas not drawn shall be similar to those details that are related in location, intent, or function.

H. All subcontractors shall be held responsible for all conditions, ordinances, code and requirements pertinent to their category of work as dictated by regulatory agencies.

I. All subcontractors shall be held responsible for any damage to another's work caused by subcontractor, its employees or agents.

J. General CONTRACTOR to maintain site in a clean and neat manner. Remove and legally dispose of all debris, rubbish, etc. Remove all materials from those not intended for their application, such as paint spatters, masking materials, asphalt, etc.

K. The Contractor shall contact the City of Nevada City, City Engineer to schedule a pre-construction meeting at least ten (10) working days prior to the start of construction (telephone 530-265-2496).

L. Contractor shall assume sole and complete responsibility for construction of this project, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. The contractor shall defend, indemnify and hold the owner and the design engineer harmless from any and all liability, real or alleged in connection with the performance of the work on this project, excepting for liability arising from the intentional negligence of the owner or engineer.

M. The contractor is hereby notified that prior to commencing construction he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities where such facilities may conflict with placement of improvements shown on this plan. Call 55 ‘Underground Service Alert’ at 800-642-2444 prior to any excavation.

N. The locations of all underground facilities shown on this plan are approximate. A reasonable effort has been made to locate and delineate all underground facilities. However, the design engineer assumes no liability for the accuracy of completeness of the existing facilities shown on hereon or for the existence of other underground utilities not shown on these plans. The contractor shall verify the location of all existing facilities interfering with the construction of improvements. If so directed by the design engineer, the contractor shall stop work immediately until remedial action can be taken. Any cost resulting from the contractor’s failure to report and or failure to stop work as directed will be the responsibility of the contractor.

O. The contractor shall request construction staking for any phase of work no less than two working days prior to commencement of construction.

P. The contractor is responsible for the protection of all existing monuments and other survey markers during construction. Monuments disturbed, or lost, due to construction activities will require that the contractor have them replaced, in kind, by a licensed California Land Surveyor-who will be required to file either a Corner Record, or Record of Survey, with the County-whichever will meet the requirements of L.S. Act Section 8773
Q. The Contractor shall provide one complete set of As-Built Drawings. Any changes to the plans shall be shown on a clean set of drawings marked in red and given to the City Engineer at job completion. 56 Project Specifications

PROJECT LIMITS
On Various Streets in Nevada City.  Refer to improvement plans for limits of work.

PROJECT DESCRIPTION
The project consists of new sewer main and reconstruction of sewer services as shown on the plans.

CONSTRUCTION NOTES
Bid items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for mobilization, traffic control, potholing, saw cutting, demolition, clearing, removal and disposal of demolition debris or excess materials, earthwork, compaction, shoring, dewatering, temporary bypass facilities, and all other incidental work as noted or shown on the plans.     Clean dirt only may be disposed of on old City airport property and all other materials should be disposed of at the contractor’s cost.   Restoration of disturbed areas with similar materials as exists prior to construction (i.e. concrete or asphalt) and repair of any damaged materials shall be provided by the contractor at their expense.   Final Payment shall not be made until all cleanup and restoration work is complete.   Extra depth of trenching and backfill shall be anticipated and included in the contractors bid for all pipe crossings.

Contractor shall provide written notice to Public Works Supt or City Engineer no fewer than two days in advance of any disruption of service including water, sewer, sidewalk or road access.    The City will provide all notifications to the public.   The contractor shall coordinate and verify with City staff to ensure that property owners, business owners and residents have been provided sufficient notice of the disruption of service.   The Contractor shall not disrupt service without written approval from City staff.

Any complaints or special requests from City residents, business owners or visitors shall immediately be directed to City staff so that City staff can respond appropriately and in a timely manner.   The Contractor shall not make concessions or agreements or attempt to resolve conflicts with residents, property owners or business owners but shall refer all such items to the City Engineer or Public Works Superintendent.

All time limits stated in the Contract Documents are of the essence of the Agreement.  It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the City of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the City as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the Owner for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a 57 penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.

TRAFFIC CONTOL
At all times when work is not being performed, streets and driveways shall be safe for through traffic and pedestrians.

Lane closure shall comply with the Manual on Uniform Traffic Control Devices (CA MUTCD) current edition.   Notify Public Works Supt or City Engineer no fewer than two days in advance of proposed lane closure or driveway closure.

The contractor shall coordinate and verify with City staff that homeowners have been provided sufficient notice of any disruption of service including water, sewer or road access.

The Contractor shall provide and install traffic control signage and barricades as required for pedestrian and vehicular safety.    Construction activity requiring lane closures shall conform to the following restrictions:   The travel way may be reduced to one 11 foot lane of traffic with two way stop control (flaggers) provided.    Upon written request by the Contractor and as approved by the City Engineer, a full road closure with detours may be implemented on minor streets (not arterial or collector) provided that there is provision for vehicles to access private parking areas and businesses.   At the end of each work shift, all traffic lanes shall be open for safe pubic use of the roadway.   The Contractor shall provide access to parking, driveways, residences at all times for ingress/egress, trash collection and mail delivery unless otherwise approved by the City Engineer.   Contractor shall coordinate with residents for their access needs during all road closures and shall refer any complaints or special concerns to the City.

MATERIAL NOTES
PVC Gravity Sewer Piping:    SDR25 for Under Ground Sewer Pipe Pipe and Fittings:  PVC SDR‐35 shall conform to ASTM D 3034 for diameters from 4” to 15” with integral‐bell gasket joints. Rubber gaskets shall be factory installed and conform to ASTM F 477. Pipe joints shall conform to ASTM D 3212.

Contractor shall provide and install all material necessary for the project including pipe, fittings, wyes, pipe connections, trench resurfacing, excavation, potholing to expose existing utility lines, bedding and backfill.   Hydrostatic test, mandrel testing and/or television testing shall be provided as required by the City Engineer.

Due to limited access and presence of existing landscaping, fencing and hardscaping within a constrained area, it is anticipated that hand work may be required.    This shall be estimated by the contractor based on his/her experience and as identified during the site walk prior to the bid.   No additional compensation will be provided other than contract unit prices included herein.

Trench backfill shall consist of sand bedding around pipe per Standard Specifications and trench zone backfill using native material when located outside of roadway or aggregate base when located inside roadway or under walk. 58 Sewer Manholes:   Contractor shall provide and install all material necessary for manhole installation in accordance with the standard specifications.    Manholes shall be watertight structures with Ramnek sealant (or equivalent) and joints mortared inside and outside.   The inside base of manholesshall be shaped to provide channels conforming to the size and crown of the inlets and outlets.   Pipe penetrationsshall be sealed with a watertightseal.   Manholesin excess ofsix feet in depth shall have ladder rungs installed.

Sewer Cleanouts:   Contractor shall provide and install all material necessary for sewer lateral connections under bid item for sewer pipe and bid item for cleanouts.     Cleanouts shall be installed for each building lateral and on the upstream side of any fitting with 45 degree or greater bend.   Cleanouts shall be boxed to grade with a cast iron lid.

Sewer service laterals:    Contractor shall provide and install all material necessary for sewer lateral connections (including lateral cleanouts) under bid item for sewer laterals and for main line cleanouts under bid item for cleanouts.

Aggregate Base shall be Class 2, 3/4" maximum grading, conforming to standard specs. Section 26, placed at 95% Relative Compaction.

Asphalt material shall be Type A or B 1/2‐inch maximum medium gradation and shall conform to the provisions in Sections39. “Asphalt Concrete,” of the Standard Specifications and these Special Provisions.  Asphalt cement shall be grade PG 64‐16 conforming to the requirements of Section 92 of the Standard Specifications.    Asphalt paving to include “T‐Section” edge grind/overlay of 12” wiSdth and 1” to 1‐1/2” depth (beyond sawcut line) where adjoining existing asphalt.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 09
Subject: Consideration of a Contract with Under the Trees Inc. to Conduct Professional Forestry Planning Activities in Support to Achieve the Requirements of the Deer Creek Hazardous Fuels Treatment Project Planning Grant Funded by the Sierra Nevada Conservancy (SNC) an Amount Not-To-Exceed
$89,780 and Authorize the City Manager to Execute the
Contract Upon Approval of SNC.

From: Sean Grayson, City Manager
Date: June 7, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the contract.

ISSUE STATEMENT AND DISCUSSION:

In June of 2022 the City submitted a planning grant submission to the Sierran Nevada Conservancy (SNC) for the Deer Creek Hazardous Fuels Treatment Project. The grant proposal was assisted by Mr. Kevin Whitlock, a registered professional forester dba Under the Trees Inc., with extensive experience in the region with similar projects. No other foresters responded to an informal bid for services at the time of the application. The City was awarded the planning grant for the project (SNC Agreement No. 1517) on March 2, 2023, and has completed a contract with SNC to implement the grant provisions. The majority of the work related to the grant is a forestry plan and the requisite environmental documents needed for both the grant and for a future implementation of the project. Under the Trees, Inc. will provide these services as outlined in the contract scope of work. The attached contract authorizes the City Manager to execute the contract with Under the Trees, Inc. upon approval by SNC. The total cost of the contract is $89,720 of the $111,665 grant.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The $89,780 contract cost is reimbursable from the SNC grant award.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Fire: Wildfire and structural fire prevention, mitigation, and education. Specifically, the action addresses the fire initiative goal #3, “Develop programs to address the community needs for fuels mitigation and consider the development of low-income and access and functional needs programs supportive of compliance with the City’s existing vegetation management ordinance requirements,” and goal #9, “Actively pursue grants for a wide array of fire related activities including prevention, education, mitigation, response and recovery”.

ENVIRONMENTAL CONSIDERATIONS:

None with approving this contract. The grant itself will involve the provisions of CEQA exemptions or other environmental processes.

ATTACHMENTS:

Contract with Under the Trees, Inc.

SNC Grant Agreement No. 1517
1 Under the Trees, Inc.

Professional Forestry Consulting Agreement
THIS AGREEMENT IS ENTERED into between Under the Trees, Inc. hereafter referred to as “Consultant”, whose address is P.O. Box 363, Nevada City, California 95959, (530) 559-0901, and the City of Nevada City hereafter referred to as “Client”, whose project is the City of Nevada City located in Nevada County, California.

Client hereby retains Consultant, and Consultant hereby agrees to provide Professional Forestry Services in connection with the Deer Creek Hazardous Fuels Treatment Project – Nevada City:
• Nevada County, approximately 348 acres as detailed in the Sierra Nevada Conservancy Grant Agreement No. 1517 mapping.

1. Provision of Services. Consultant represents and warrants to Client that Consultant has specialized knowledge, training and experience in advising persons regarding forestry activities. Consultant shall use Consultant’s specialized knowledge, training and experience in the provision of services to Client pursuant to this Agreement. Consultant shall perform its services hereunder in strict compliance with applicable federal, state and local laws and regulations. Consultant shall maintain any current license or certification required by law, and shall conform with all legal requirements applicable to persons rendering the same or similar services, in effect during the course of rendering services to Client.

2. Consulting Fees. In consideration of the forestry services provided by Under the Trees, Inc., as set forth in in the Scope of Work (EXHIBIT A), Client agrees to pay Under the Trees, Inc., an hourly rate of $200 per hour.

3. Billing. Consultant will submit monthly billings to Client on a monthly basis. Client acknowledges that billings not paid within a ten-day period after receipt of the billing by Client shall accrue interest on the outstanding principal sum at the rate of one and one-half percent per month (18% APR) until said sum is paid in full.

Should the account become delinquent, Client will be responsible for all reasonable cost of collection.

4. Payment of Fees. Client further acknowledges by signing this agreement that Client agrees to pay, in addition to Consulting fees, all Government permitting fees, and biological inventory/survey fees if required by Government Agency as a condition of permit approval. Client will be liable for and agrees to reimburse Consultant for all costs and expenses regardless of the outcome of Client’s case.

5. Professional Forestry Services. Services include, but are not limited to the following, and are further defined in the Scope of Work (EXHIBIT A):

Professional forestry planning activities to develop an environmentally sound hazardous fuel treatment plan for heavily forested wildland properties in the wildland-urban interface. A fuels treatment plan with treatments designed to achieve the greatest benefits of understory thinning and forest ecosystem health while protecting watercourses, archaeologic features, and facilities. The fuel treatment plan will provide the information necessary for the City of Nevada City to complete CEQA compliance under a Notice of Exemption 15304, Class 4: Minor Alteration of Vegetation, on those parcels located within the city limits, for those outside the City will meet the CEQA requirements by utilizing the Cal Fire 1038 Forest Fire Prevention Exemption. Pre-treatment site descriptions based on GIS analysis and sample plot data.

Progress reports and photos and deliver a project fuel treatment plan to the city for approval, and to be used for CEQA analysis/compliance and project implementation. The final performance measures will be based on the number of acres completed in the pre-implementation planning and environmental compliance.
2 6. Promise/ Guarantee. Nothing in this agreement or in any written or oral communication made by consultant, to Client shall be construed or understood by Client as a promise or guarantee regarding the Governmental regulatory approval of Client’s proposed land management desires or course of action.

7. Performance of Services. Consultant shall notify Client promptly of any expected delay in the performance of services. Consultant shall not be liable for delays in performance beyond reasonable control.

8. Ingress and Egress. During the term of this Agreement, Consultant shall have a non-exclusive right of ingress and egress over the subject property necessary to perform the services.

9. Termination of Agreement. This Agreement shall commence on 06/28/2023 and shall terminate upon the completion of services, or 01/31/2025, whichever shall first occur, unless extended by the parties in writing.

In addition, both parties reserve the right to terminate the Agreement at any time, upon 15 days’ written notice.

Upon receipt of said written notice, Consultant shall stop all work under the Agreement except: (1) work specifically directed by Client to be completed prior to termination, and (2) work the Client deems necessary to secure the project for termination.

10. Modifications of Agreement to be in Writing. No express term or condition set forth in this Agreement may be modified or changed unless the same is in writing executed by each of the parties hereto. Any such purported modification or change of any express term or condition set forth herein, which is not in writing and executed by the parties shall be null and void, with no force or effect.

11. Mediation. If a dispute arises between the parties concerning this Agreement, they may elect to enter into mediation. Should the parties agree to enter into mediation, the parties shall select a single trained and impartial mediator to enter into mediation. If the parties are unable to agree on the selection of a single mediator, then the parties may jointly apply to the American Arbitration Association for the appointment of a trained and impartial mediator with relevant experience in real estate and conservation easements. The purpose of the mediation is to: (i) promote discussion between the parties; (ii) assist the parties to develop and exchange pertinent information concerning issues in the dispute; and (iii) assist the parties to develop proposals that will enable them to arrive at a mutually acceptable resolution of the controversy. The mediator may meet with the parties and their counsel jointly or ex parte. The parties agree that they will participate in the mediation process in good faith and expeditiously, attending all sessions scheduled by the mediator.

12. Indemnity. Consultant shall indemnify and hold Client harmless from any and all demands, claims, causes of action, suits, proceedings, arbitrations, judgments, losses, liabilities, costs, expenses and fees, including but not limited to reasonable attorneys' fees, which arise from or in connection with the services provided by consultant and/or the negligence or willful misconduct of consultant. Client shall indemnify and hold Consultant harmless from any and all demands, claims, causes of action, suits, proceedings, arbitrations, judgments, losses, liabilities, costs, expenses and fees, including but not limited to reasonable attorneys' fees, which arise from or in connection with the negligence or willful misconduct of Client. 3 13. Confidentiality. Consultant shall not disclose any confidential information (“Confidential Information”) furnished to Consultant by the Client. All Confidential Information shall be and remain the property of Client, and Consultant shall promptly deliver the same to Company upon request. Consultant may make copies of such Confidential Information for its own records; however, such action shall be subject to the general confidentiality obligations set forth in this Agreement. Any reuse by Consultant of any Confidential Information for any project other than for purposes of this Agreement or any modifications and subsequent use by Consultant of any Confidential Information, without the prior written authorization of Client, is prohibited. The confidentiality obligations set forth in this paragraph shall survive the termination or expiration of this Agreement.

14. Independent Contractor. Consultant enters into this Agreement as an independent contractor and not as an employee or agent of the Client. Nothing in this Agreement shall be inconsistent with this relationship or status. Consequently, Client will not withhold FICA, FUTA or any other state or federal taxes or assessments from any amounts payable to consultant in respect of any job.

15. Ambiguities Not Construed Against Drafter. The parties hereto agree that the rule of contract construction that ambiguities are to be construed against the drafter shall not apply to this Agreement and that this Agreement shall be interpreted as though prepared by both parties.

16. Agreement Fully Integrated. The parties hereto agree that this Agreement fully sets forth all of the rights and liabilities of the parties hereto with respect to the Consultant’s services, and other matters, set forth herein, and that there are no prior or contemporaneous agreements, oral or written, between the parties hereto.

17. Assignment. Neither party shall assign this Agreement or any rights or benefits accruing to it hereunder without the prior written consent of the other party.

18. Governing Law. This Agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives on the day and year set forth below.

Dated: ______________________, 2023 Dated: ____________, 2023 Client: City of Nevada City Consultant: Under the Trees, Inc 317 Broad Street Kevin Whitlock, President
Nevada City, CA 95959
By: _______________________________ By:

Sean Grayson, City Manager Kevin Whitlock
4 Exhibits
A. Scope of Work
B. Insurance
5 EXHIBIT A: Scope of Work
The scope of work includes:
• Confidential pre-field research
• Confidential site review and determination of appropriate activities necessary to accomplish client’s objectives.

Nothing in this Scope of Work or in any written or oral communication made by Under the Trees, Inc., to the client shall be construed or understood as a promise or guarantee regarding the Governmental regulatory approval of the proposed land management desires or course of action.

Deer Creek Hazardous Fuels Treatment Project – Nevada City: Under the Trees, Inc. - Scope of Work.

Under the Trees, Inc. (UTT) will conduct professional forestry planning activities to develop an environmentally sound hazardous fuel treatment plan for heavily forested wildland properties in the wildland-urban interface. The project area encompasses 32 parcels of private and public land totaling 348 acres, consisting of 273 acres of private land and 75 acres of public land, in the most heavily forested area on the south side of Deer Creek within and just west of the Nevada City limits.

UTT will design a fuels treatment plan with treatments designed to achieve the greatest benefits of understory thinning and forest ecosystem health while protecting watercourses, archaeologic features, and facilities. UTT will ensure that the fuel treatment plan will provide the information necessary for the City of Nevada City to complete CEQA compliance under a Notice of Exemption 15304, Class 4: Minor Alteration of Vegetation, on those parcels located within the city limits, of which there are 28 under nine different ownerships. The remaining area located outside the city limits consists of four parcels under two ownerships and will meet the CEQA requirements by utilizing the Cal Fire 1038 Forest Fire Prevention Exemption. If any of the parcels within the city limits do not fit the NOE 15304, Class 4: Minor Alteration, then those parcels will have Cal Fire 1038 exemptions.

UTT will provide pre-treatment site descriptions based on GIS analysis and sample plot data. UTT will provide progress reports and photos, and deliver a project fuel treatment plan to the city for approval, and to be used for CEQA analysis/compliance and project implementation.

The final performance measures will be based on the number of acres completed in the pre-implementation planning and environmental compliance.

Budget Requirements
Hourly Rate - $187.50
Daily Rate - $1,500.00
Pre-treatment site description – roughly $200/Acre - $69,600.00 (46 days or 371 hours) GIS analysis (Office - Deliverable)
Sample plots (Field)
Photo documentation (Field - Deliverable)
Archaeological Records Check and Special Treatment Area designation (Office/Field - Deliverable) Watercourse and Lake Protection Zones designation (Field) Forest Vegetation Simulator and Fire modelling (Office) Progress Reports (Office – Deliverable)
Project Fuel Treatment Plan (Office – Deliverable) – roughly $58/Acre - $20,180.00 (13 days or 107 hours) Write-up - Notice of Exemption 15304, Class 4: Minor Alteration of Vegetation (Office - Deliverable)
Cal Fire 1038 Forest Fire Prevention Exemptions (min. of two) (Field, Office – Deliverable)
Project Cost not to exceed $89,780.00
6 EXHIBIT B: Insurance
Consultant shall maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability coverage

2. Automobile Liability

3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.

Consultant shall maintain limits no less than:

1. General Liability:

Including operations, products
and completed operations.
$1,000,000
Per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability
insurance or other form with a general aggregate limit
is used, either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence
limit.

2. Automobile Liability: $2,000,000 Per accident for bodily injury and property damage.

3. Employer’s Liability $1,000,000 Per accident for bodily injury or disease.

Agreement No. 1517

Ver. 03/2023
Signature Page
State of California, Sierra Nevada Conservancy – GRANT AGREEMENT GRANTEE NAME: The City of Nevada City
PROJECT TITLE: Deer Creek Hazardous Fuels Treatment Project – Nevada City AUTHORITY: California Budget Act of 2022, Section 111
PROGRAM: Wildfire Recovery and Forest Resilience

AGREEMENT
NUMBER: 1517

BOARD AWARD
DATE:
03/02/2023
GRANT SUMMARY:

Under the terms and conditions of this Grant Agreement, the Grantee shall complete the Project described in Exhibit A. The Sierra Nevada Conservancy grants to the Grantee up to the total Grant amount specified below for eligible costs of the Project.

KEY DEADLINES:

Project Implementation Completion Date: The Grantee shall complete Project implementation by January 1, 2027.

Payment Request for Final Expenditures, Final Report, and Deliverables: The Grantee shall, unless otherwise authorized by the SNC, submit a Payment Request for Final Expenditures, and all other final reports, documentation, and deliverables required by the “Project Completion” section of this Agreement, by February 15, 2027. Expenditures associated with project management and/or administration activities undertaken through the date of the final request for payment may be included in the request for final payment and will be paid.

Agreement Expiration: This Agreement expires on May 1, 2027.

PROJECT CONTACTS:

Chris Dallas is the Sierra Nevada Conservancy's designated Project Lead for this Grant.

The Grantee’s Authorized Representative is Sean Grayson.

Total State Grant not to
exceed $ 111,665 (or eligible costs, whichever is less) DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517

Ver. 03/2023
All terms and conditions are set forth in the attached Grant Agreement, which is hereby executed as follows.

GRANTEE

THE CITY OF NEVADA CITY

STATE OF CALIFORNIA

SIERRA NEVADA CONSERVANCY
By (Signature): By (Signature):

Name (Print):

Title:

Name (Print):

Title:

Date: Date:

Organization Address: Organization Address:
11521 Blocker Drive Suite 205
Auburn, CA 95603
DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 317 Broad Street
Nevada City, CA 95959
Sean Grayson
5/16/2023
City Manager
DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 5/22/2023
Chief Deputy Executive Officer
Julie Alvis
Agreement No. 1517
Ver. 02/2023 Page 3 of 15

GRANT AGREEMENT
State of California – Sierra Nevada Conservancy
Grantee Name: The City of Nevada City
Project Title: Deer Creek Hazardous Fuels Treatment Project – Nevada City
Agreement Number: 1517
Authority: California Budget Act of 2022, Section 111
Program: Wildfire Recovery and Forest Resilience

SCOPE OF AGREEMENT
Pursuant to Division 23.3 of the California Public Resources Code, the Sierra Nevada Conservancy hereby grants to The City of Nevada City (“Grantee”) a sum not to exceed One Hundred Eleven Thousand, Six Hundred Sixty-Five dollars ($ 111,665), subject to the terms and conditions of this Grant Agreement. Grantee shall use these funds to implement, manage, and administer the Project identified in Exhibit A to this Agreement (Exhibit A), which is incorporated herein by reference and attached hereto.

Exhibit A sets forth: (1) Project Scope and Activities, (2) Project Tasks and Timeline, (3) Project Budget, (4) Project Deliverables, and (5) Project Reporting Requirements.

Grantee shall also implement this Project consistent with the provisions of the Sierra Nevada Conservancy 2022 Wildfire Recovery and Forest Resilience Directed Grant Program Guidelines which are incorporated herein by reference and are available at:
https://sierranevada.ca.gov/wp-content/uploads/sites/326/2021/12/2022-WildfireRecovery-and-Forest-Resilience-GrantGuidelines.pdf.

TERMS AND CONDITIONS OF GRANT
Special Provisions
A. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517
Ver. 02/2023 Page 4 of 15
Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

General Provisions
A. Definitions

1. “Agreement” means this Grant Agreement and all exhibits incorporated in this Agreement by reference.

2. “Deliverables” means the items specified in Exhibit A, Project Deliverables.

3. “Effective Date” means the effective date of this Agreement, which is the date that this Agreement is signed by the Executive Officer, or designee, of the SNC.

4. “Grant Funds” mean the money provided by the Sierra Nevada Conservancy to the Grantee under this Agreement.

5. “Grant Guidelines” means the Sierra Nevada Conservancy 2022 Wildfire Recovery and Forest Resilience Directed Grant Program Guidelines. A link to the Grant Guidelines is provided on page 3 of this Agreement.

6. "Grantee" means the entity identified as the Grantee on page 1 of this Agreement.

7. "Project" means the Project described in Exhibit A, including Project implementation, management, and administration.

8. “Project Budget” means the Grantee’s approved expenses for completion of Project implementation, management, and administration, as described in Exhibit A, Project Budget.

9. “Project Implementation Completion Date” means the date by which all Project implementation work must be complete, as specified under Key Deadlines on page 1 of this Agreement. Please note that this may be a later date than the anticipated project completion set forth in Exhibit A.

10.“Project Tasks and Timeline” means the Grantee’s intended schedule for completing the Project as set forth in Exhibit A, Project Tasks and Timeline.

11.“SNC” means the Sierra Nevada Conservancy, an agency of the State of California.

12."State" means the State of California.

DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517
Ver. 02/2023 Page 5 of 15
B. Term of Agreement
This Agreement runs from the Effective Date through the Agreement Expiration date as identified under Key Deadlines on page 1 of this Agreement, unless terminated or amended as provided in this Agreement.

C. Project Implementation, Management, and Administration

1. Grantee shall complete the Project in accordance with the Project Scope and Activities, Project Tasks and Timeline, and Project Budget set forth in Exhibit A, by the Project Completion Date.

2. Grantee shall submit all Deliverables and reports specified in Exhibit A in accordance with the deadlines set forth in Exhibit A. SNC may either delay disbursement of or withhold Grant Funds if Grantee fails to submit required Deliverables or reports by the deadlines specified in Exhibit A. Progress reports must be submitted using the Progress Report Template Form, which is available from the SNC Project Lead. Final reports must use the Final Report Template Form, which is available from the SNC Project Lead.

3. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.

4. Work done under this Agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, Sections 1720-1861. If required by law to do so, Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project and otherwise comply with all associated requirements and obligations.

Grantee shall review applicable statutory provisions and the regulations adopted under the provisions, and the information available on the Department of Industrial Relations web site: http://www.dir.ca.gov/public-works/publicworks.html to determine its responsibilities.

5. Grantee shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000 et seq. and Title 14, Division 6, Chapter 3 of the California Code of Regulations, Section 15000 et seq.) and all other local, State, and federal environmental laws. A copy of certified CEQA documents must be provided to SNC before implementing any activities that could directly impact the environment.

D. Publicity and Acknowledgment
Unless otherwise agreed upon in writing between the parties, Grantee shall acknowledge SNC support of the Project in any publications, studies, or reports that are made possible by or derived in whole or in part from this Project, and any news articles, brochures, seminars, or other promotional materials or media through which it publicizes the Project. Grantee shall acknowledge SNC’s support in the DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517
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following manner, where feasible: “Funding for this project has been provided by the Sierra Nevada Conservancy, an agency of the State of California.” E. Site Inspection and Monitoring

1. During Project Implementation, Grantee shall provide SNC with access to the Project site upon Grantee’s confirmed receipt of SNC’s request for access.

2. Following completion of Project Implementation, for the duration of the Agreement, SNC has the right to inspect the Project site to ascertain compliance with this Agreement and for monitoring purposes.

F. Use and Format of Deliverables

1. All material, data, information, and written, graphic or other work produced, developed, or acquired with Grant Funds, as set forth in Exhibit A, Project Deliverables is subject to the unqualified and unconditional right of SNC to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark, or patent, SNC is hereby granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. Grantee shall include in any contract with a third party for work under this Agreement terms that preserve the rights, interests, and obligations created by this section, and that identify SNC as a third-party beneficiary of those provisions. Grantee shall not utilize the work produced under this Agreement for any profit-making venture or sell or grant rights to a third party for that purpose.

2. Grantee shall submit all electronic data collected and created under this Agreement to SNC. A condition of final payment under this Agreement includes delivery of all related data in the format requested. SNC reserves the right to conduct technical review of interim or final Project Deliverables prior to making reimbursement or final payments.

3. Grantee shall submit all data required by this Agreement in one or more of the following formats, as applicable:
a. Tabular data: Excel spreadsheets, Access Databases, or Comma, Space, Value (CSV) are acceptable for all tabular data that does not include spatial references associated with a latitude/longitude, mapped boundary, or imagery/raster/data used in remote sensing.
b. Spatial data: ESRI-useable format, meaning the data must have a spatial reference (coordinate system-geographic or projected, and a spatial extent) DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517
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and include metadata, at minimum in accordance with Biogeographic Information and Observation System (BIOS) metadata standards (https://wildlife.ca.gov/Data/BIOS/Metadata) or one of the metadata styles referenced by ESRI (http://desktop.arcgis.com/en/desktop/latest/managedata/metadata/metadata-standards-and-styles.htm). Grantee acknowledges that SNC will enter spatial data into BIOS, where applicable.

G. Adjustment of Funds Among Budget Items

1. Except as otherwise provided herein, the Grantee shall expend Grant Funds in accordance with the Project Budget as described in Exhibit A. Grantee may exceed the total dollars of a category in the Project Budget by up to 10 percent provided that: 1) there is a corresponding decrease of funds in another category, 2) Grantee informs SNC of the categories to be increased and decreased, 3) Grantee reflects the adjusted amounts in all subsequent requests for disbursement and in reports required by Exhibit A, 4) the overall budget amount remains unchanged, and 5) the adjustment does not adversely affect Project completion. Any cumulative increase in a category or transfer between categories of more than 10 percent from the original budget in the amount of a category must be approved in advance in writing by SNC.

2. Funds may not be transferred to increase total dollars in the Administrative Costs indirect budget category; except that SNC may, in its sole discretion, permit an increase in the Administrative Costs indirect budget category. Any such discretionary increase must be approved in advance in writing by SNC.

3. No funds may be transferred from the Tribal Participation budget category into other budget categories. SNC may, in its sole discretion, permit a transfer from the Tribal Participation budget category. Any such discretionary transfer must be approved in advance in writing by SNC.

H. Payment Process and Documentation

1. All costs to be covered by Grant Funds must be eligible costs, as specified in the Eligible Costs section on page 7 of the Grant Guidelines

2. SNC will disburse Grant Funds to Grantee for eligible costs of the Project incurred by Grantee to date on a reimbursement basis, less 10 percent, upon Grantee’s submission of a Request for Payment and upon Grantee’s satisfactory progress toward completion of the Project. SNC will disburse the cumulative 10 percent retention as provided in the Project Completion section of this Agreement. SNC may, in its sole discretion, waive the 10 percent retention.

3. Eligible costs of the Project are limited to expenses necessary to the Project, when documented by appropriate receipts.

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a. Hourly rates billed to SNC and specified in the Project Budget shall be equal to the actual compensation paid by Grantee to employees, which may include employee benefits.
b. SNC will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations (CCR), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to Grantee. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented State employees as of the date the cost is incurred. SNC will reimburse Grantee for other necessary expenses if those expenses are reasonable in nature and amount, taking into account the nature of the Project, its location, and other relevant factors.

4. Grantee shall submit all requests for payments using a completed Request for Payment Form, which is available from the SNC Project Lead.

5. The Request for Payment form must be accompanied by: a) an itemized list of all expenditures according to the categories specified in the Project Budget; and b) supporting documentation that clearly identifies the expenditure(s) in relation to the categories specified in the Project Budget. Requests for Payment may not be submitted more often than monthly.

6. Any Request for Payment that is submitted without the required itemization and documentation will not be authorized for payment. If the payment request package is incomplete, inadequate, or inaccurate, SNC will dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence because of delays in payment or other breach of the Agreement between the Grantee and the contractor, are the responsibility of the Grantee and are not reimbursable under this Agreement.

7. SNC is not obligated to pay for any costs incurred by Grantee prior to the Effective Date of this Agreement.

8. SNC is not obligated to pay any Request for Payment unless the Grantee is in compliance with all deadlines for submission of status reports required by Exhibit A.

I. Advances of Grant Funds

1. If SNC determines, in its sole discretion, that compelling need warrants payment of Grant Funds in advance, SNC may pay Grantee up to three (3) advance payments of Grant Funds, provided that SNC will not authorize an advance to a DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517
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State agency or a joint powers authority created by an agreement to which the State is a party.

2. No advance payment will exceed an amount equal to 30 percent of the total Grant Funds awarded by this Agreement. After the first advance, SNC will not provide a subsequent advance unless Grantee has expended the entire amount of the prior advance(s) and is in compliance with all requirements of this Agreement.

3. SNC will only consider a request for advanced Grant Funds that is submitted on a completed Advance Request Form, which is available from the SNC project Lead.
.

4. Grantee shall deposit advanced Grant Funds in a separate interest-bearing account. Grantee shall use all advanced Grant Funds and all interest earned on the Grant Funds solely for the Project.

5. To document expenditure of advanced Grant Funds, Grantee shall, no later than 90 days after each withdrawal of advanced funds, submit to SNC a completed Request for Payment for the amount withdrawn, containing all information required by the Payment Process and Documentation section of this Agreement.

6. SNC will use the following process for purposes of providing a 10 percent retention for advanced funds. After providing the first advance of Grant Funds, SNC will not provide a second advance until Grantee has expended the entire amount of advanced Grant Funds, plus non-SNC funds in an amount equal to 10 percent of the advance amount. After providing the second advance of Grant Funds, SNC will not provide a third advance until the Grantee has expended the entire amount of advanced Grant Funds, plus non-SNC funds in an amount equal to 10 percent of the total amount of funds advanced to date. After providing a third advance, SNC will not disburse any additional Grant Funds until Grantee has completed the Project and complied with the Project Completion section of this Agreement. If Grantee requests only one or two advance payments, SNC will determine how to provide for the 10 percent retention for the advanced amounts.

7. Within 30 days after completion of the Project or the Payment Request for Final Expenditures, Final Report, and Deliverables Date, whichever is sooner, Grantee shall return to SNC any advanced Grant Funds plus any interest earned that has not been expended.

J. Project Completion

1. Within 60 days of the completion of Project Implementation, or by the deadline specified on the signature page for submittal of the Payment Request for Final Expenditures, whichever is sooner, Grantee shall submit all of the following:

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a. All Deliverables as specified in Exhibit A.
b. A Request for Payment for final expenditures, including those for Project implementation, management, and administration, with all required supporting documentation.
c. A Progress Report addressing the duration of time since the last submitted Progress Report (up to 6 months).
d. A Final Report including reporting on performance measures. e. An Equipment Closeout form, if applicable. All equipment purchased using Grant Funds will be identified as part of the project closeout process, and SNC will make a determination on the disposition of the purchased equipment.
f. Any other documentation or submittals required by Exhibit A.

2. Following the receipt of the items specified in paragraph 1., above, SNC staff, in coordination with the Grantee, may conduct a site visit to ascertain compliance with this Agreement.

3. Following receipt of the items specified in paragraph 1., above and completion of any site visit mentioned in paragraph 2., above, SNC will reconcile the Project’s financial reporting and prepare a Retention Request and Project Closeout Request Form (Project Closeout Form). The Project Closeout Form must be reviewed and signed by the Grantee and returned by the date indicated by SNC staff in order to receive any retained Grant Funds. Release of retained Grant Funds is contingent upon SNC’s determination that Grantee has satisfactorily completed the Project.

4. SNC shall return the approved Project Closeout Form to the Grantee and the Project shall be deemed completed as of the date SNC signed the Project Closeout Form.

K. Agreement Termination/Failure to Perform

1. Prior to the completion of the Project, SNC may suspend or terminate this Agreement by providing Grantee with seven (7) days advance written notice.

2. If SNC suspends or terminates this Agreement prior to the Project Implementation Completion Date, Grantee shall immediately stop all work and take all reasonable measures to prevent further costs to the SNC hereunder.

SNC shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee under this Agreement prior to the date of the notice to DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Agreement No. 1517
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suspend or terminate, but only up to the undisbursed balance of the Grant Funds.

3. If Grantee fails to complete the Project in accordance with the terms of this Agreement, Grantee shall be liable for immediate repayment to the SNC of all amounts disbursed by the SNC under this Agreement, plus accrued interest.

Interest shall be calculated at the rate(s) earned by the State’s Pooled Money Investment Account from the date of disbursement to the date of repayment, compounded monthly. The SNC may, in its sole discretion, consider extenuating circumstances and may waive Grantee’s obligation to repay, in whole or in part.

This paragraph shall not be deemed to limit any other remedies the SNC may have for Grantee’s failure to complete the Project in accordance with the terms of this Agreement.

L. Records Retention

1. The Grantee shall keep separate and complete financial records relating to this Agreement, including evidence sufficient to reflect the receipt, deposit, and disbursement of all funds related to the Project.

2. Grantee shall maintain the financial records in sufficient detail to provide an audit trail that will permit tracing transactions from support documentation to the accounting records to the financial reports and billings.

3. The financial records required to be retained include all books of original entry, source documents supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, canceled checks, and related documents and records. Source documents include copies of all awards, applications, and required financial and narrative reports. Personnel and payroll records shall include the time and attendance reports for all individuals who are compensated or reimbursed under the Grant, whether they are employed fulltime or part-time. Time-and-effort reports are also required for consultants and contractors.

4. Grantee shall require its contractors and consultants to maintain adequate supporting documentation in sufficient detail to provide an audit trail that will permit tracing transactions from the invoices to the financial statement to the accounting records to the supporting documentation.

5. Grantee shall use applicable Generally Accepted Accounting Principles published by the American Institute of Certified Public Accountants.

6. The financial records required to be maintained by this Agreement shall be retained for a minimum of three (3) years following the final disbursement by SNC and the final year to which the particular records pertain.

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M. Audit Requirements

1. SNC may review, obtain, and copy all records required to be retained by this Agreement and all other records relating to Grantee’s performance under this Agreement. Grantee shall provide SNC or its agents with any relevant information requested and shall permit SNC or its agents access to the Grantee’s premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation, for the purpose of determining compliance with this Agreement and any applicable laws and regulations.

2. At any time, the SNC may disallow all or part of the cost of any activity or action which it determines to be out of compliance with the terms and conditions of this Agreement.

3. This Agreement, the Project, and records required to be retained by this Agreement are subject to examination and audit by the State of California, including but not limited to the Secretary of the Resources Agency, the Department of Finance, and the State Auditor during the records retention period specified in Section L.6. Records Retention, above.

N. Assignment
Except as expressly provided by written agreement between the SNC and the Grantee, this Agreement is not assignable by the Grantee either in whole or in part.

O. No Agency Agreement
In entering into and carrying out this Agreement, the Grantee, its officers, directors, employees, agents, and representatives, is each acting in an independent capacity and not as a partner, member, director, officer, agent, employee, or representative of SNC or the State.

P. Liability

1. Grantee shall indemnify, protect and hold harmless SNC, the State, and their respective members directors, officers, agents, and employees (each an “Indemnified Party”), from and against any and all claims, demands, damages, liabilities, losses, costs (including attorneys’ fees) and expenses (collectively, “Claims’) arising out of, connected with or incident to this Agreement except that Grantee shall have no obligation to indemnify or hold harmless an Indemnified Party for Claims caused by the negligent or wrongful act of that Indemnified Party.

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2. If Grantee is a public entity, Grantee waives any right to contribution and indemnity from the SNC and/or the State of California arising under Government Code Sections 895.2 and 895.6 in connection with this Agreement.

3. Grantee waives any and all rights to any express or implied indemnity or right of contribution from an Indemnified Party for any liability arising out of, connected with, or incident to this Agreement, except such liability as results from the negligent or wrongful act of an Indemnified Party.

4. Enforcement of the terms of this Agreement by SNC shall be at the discretion of SNC, and any forbearance by SNC to exercise its rights under this Agreement shall not be deemed or construed to be a waiver of such term or of any subsequent failure to perform the same or any other term of this Agreement or of any of the rights of SNC under it.

Q. Nondiscrimination

1. During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, genetic information, gender, gender identity, gender expression, marital status, age, sexual orientation, military and veteran status, or because of use of family-care leave, medical-care leave, or pregnancy-disability leave (Government Code Section 12940). Grantee and its contractors also shall not unlawfully deny a request for, or take unlawful action against, any individual because of the exercise of rights related to family-care leave (Government Code Sections 12945.1 and 12945.2). Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination, harassment, and unlawful acts.

2. Consistent with Government Code Section 11135, Grantee shall ensure that no one, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, is unlawfully denied full and equal access to the benefits of, or is unlawfully subjected to discrimination under, the work funded by SNC under this Agreement.

3. Pursuant to Government Code Section 12990, the Grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated into this Agreement by this reference.

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4. Grantee and its contractors shall give written notice of their obligations under this non-discrimination clause to labor organizations with which they have a collective bargaining or other agreement and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Grantee shall also include the non-discrimination provisions of this Agreement in all contracts related to the Project.

R. Drug-Free Workplace Certification
By signing this Agreement, Grantee certifies that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Section 8350 et seq.) and will provide a drug-free workplace.

S. Certification of No Air or Water Pollution Violation By signing this Agreement, Grantee shall not be and certifies that it is not: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to a cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

T. Computer Software
By signing this Agreement, Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, grant funds will not be used for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

U. Unionizing
By signing this Agreement, Grantee certifies that no Grant Funds will be used to assist, promote, or deter union organizing. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee shall maintain records sufficient to show that no State funds were used for those expenditures. Grantee shall provide those records to the Attorney General upon request, as provided in Government Code Section 16645.2.

V. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application, and to this end, the provisions of this Agreement are severable.

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W. Time of the Essence
Time is of the essence with respect to the Project Implementation Completion Date.

With respect to all other dates set forth therein, Grantee shall use best efforts to accomplish the tasks by the specified dates.

X. Entire Agreement and Amendment
This Agreement, including the attached exhibits, constitutes the entire Agreement between the parties hereto relating to the Project. No amendment to this Agreement will be valid unless made in writing and signed by Grantee and SNC. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request.

Y. Locus
This Grant is governed by and shall be interpreted in accordance with the laws of the State of California. SNC and Grantee hereby agree that any action arising out of this Grant Agreement shall be filed and maintained in the Superior Court in and for the County of Placer, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Grant Agreement.

Z. Non-Availability of Funds
Disbursement of Grant Funds to Grantee under this Grant Agreement is contingent upon the availability of funds appropriated through the State budget process. If SNC funding for the 2022 Wildfire Recovery and Forest Resilience Grant Program for any fiscal year is reduced or eliminated, SNC shall have the option to either terminate this Agreement with no liability occurring to SNC or, if possible and desirable, to offer an Agreement amendment to Grantee to reflect the reduced amount available for the project.

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Sierra Nevada Conservancy
Wildfire Recovery and Forest Resilience
Grant Program

EXHIBIT A
Grantee: The City of Nevada City
Project Title: Deer Creek Hazardous Fuels Treatment Project – Nevada City Agreement Number: 1517
Funding Authority: California Budget Act of 2022

PROJECT SCOPE / DESCRIPTION
The City of Nevada City (City) will administer the Deer Creek Hazardous Fuels Treatment Project – Nevada City, which will develop an environmentally sound fuels treatment plan for heavily forested wildland properties in the Wildland Urban Interface in and around the south side of Deer Creek. The project area encompasses 32 parcels of private and public land totaling 333 acres on the south side of Deer Creek in the southwest portion of Nevada City, in Nevada County. These parcels include the Deer Creek and Seven Hills Schools, the St. Canice Center, the Tech Center with numerous businesses located in over 200,000 sf of office space, Nevada City’s wastewater treatment plant, and other critical infrastructure. This is the most heavily forested area within the city limits and is highly vulnerable to any fires coming up Deer Creek Canyon.

The 15-acre planned Grove residential development, APN 05-190-053-000, which was proposed to be part of this planning project, has been excluded. This is a voluntary cleanup site of potential mine contamination and does not qualify under the CEQA exemption for planning.

The project area consists of a combination of 258 acres of private lands and 75 acres of public land. The City will work with a Registered Professional Forester (RPF) to design and plan this project, with treatments designed to achieve the greatest benefits of understory thinning and forest ecosystem health, while watercourses, archaeologic features and facilities are protected. The RPF will ensure that the project design will meet all environmental compliance needs in order for the City to provide a CEQA Exemption. The RPF will provide pre-treatment site description, plot data, progress reports and photos, and deliver a Project Treatment Plan to the City for approval to be use for project implementation. Grant Administration will be provided by the City (partly in-kind) to ensure effective fiscal management. The City will also support project planning and associated public outreach and education activities and evacuation route planning. The Sierra Fund staff and volunteers will provide $18,500 of in-kind time for community outreach and public support.

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Nevada City, with its 3,000 residents, rests in the Wildland-Urban Interface of the Sierra foothills. The entire area is highly vulnerable to catastrophic wildfires, with several recent fires very nearby. This project is a key piece of protection for the City from a fire burning up the hill through Deer Creek Canyon. Additionally, Deer Creek conveys water to the Yuba River for use by the County and downstream agricultural users. This project will also help protect important city infrastructure, including two schools, businesses, water infrastructure, and the city’s wastewater treatment plant.

PROJECT TASKS AND TIMELINE
Detailed Project Tasks Approximate
Project Timeline
Budget
Category
Task 1: Six Month Progress Reports

1.1 Progress Report #1

1.2 Progress Report #2
October 2023
April 2024
A
Task 2: Project Management April 2023 – May 2024 A
Task 3: Contract with Register
Professional Forester
April – May 2023 A
Task 4: CEQA Exemption/compliance May – December 2023 A, B, C Task 5: Forest plan development May 2023 – May 2024 B, C Anticipated Project Implementation
Completion Date* June 1, 2024
Request For Payment of Final
Expenditures
Final Report
Performance Measures Report
60 days from Project
Implementation
Completion or no later
than the Key Deadline:

Payment Request for
Final Expenditures
identified on the
signature page of the
Agreement
A
*This is the date, based on Grantee’s anticipated timeline, that Grantee estimates it will complete Project Implemetation. This date might be significantly earlier than the Project Implementation Completion Date and can change as Project Implementation proceeds.

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PROJECT BUDGET
Project Budget Categories SNC Funding
A. Project management and community outreach $8,065
B. Plan development (Registered Professional Forester) $90,000 C. Tribal participation $3,600
D. Administrative Costs $10,000
TOTAL $111,665
PROJECT DELIVERABLES**
Deliverable Format Date Due
Progress Reports SNC Report Forms 6-month intervals
CEQA Exemption Report Upon Project Completion
Forest treatment plan Report, Maps, GIS
shape files
Upon Project Completion
Request For Payment of Final
Expenditures
Final Report & Performance
Measures Report
SNC Request for
Payment Form
SNC Final Report
Form
60 days from Project
Implementation
Completion or no later
than the Key Deadline:

Payment Request for
Final Expenditures
identified on the
signature page of the
Agreement
** Deliverable is the term for the quantifiable items or documentation of completed activities that will be provided during and upon the completion of a Project. A Deliverable could be a report, a document, or any product that results from a Project.

PROJECT REPORTING REQUIREMENTS
Progress and Final Report(s):

The Grantee shall provide six-month progress reports and a final report as specified in the Project Timeline. Six-month progress reports shall reflect work completed in the previous six months, and final reports shall reflect the entire Grant period. A progress report shall also be submitted for the time period immediately preceding the submission of the final report.

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The templates and instructions for completing these reports can be found on the Sierra Nevada Conservancy (SNC) Web site in the following location:
https://sierranevada.ca.gov/funding/snc-grants/manage-your-grant/ Performance Measures Reporting:

Performance Measures are used to track progress toward Project goals and desired outcomes. They provide a means of reliably measuring and reporting the outcomes and effectiveness of a Project and how it contributes to the SNC’s achievement of its programmatic goals. Additional information, including details on specific Performance Measures, can be found on the SNC Web site in the following location:
https://sierranevada.ca.gov/funding/snc-grants/manage-your-grant/performancemeasures/.

The Grantee shall report on Performance Measures as part of the Final Report. The Grantee shall consider the following four quantitative Performance Measures and report on the ones that are applicable to this Project.

1. Resources Leveraged in the Sierra Nevada:

The purpose of this Performance Measure is to measure the additional resources generated as a result of SNC investment. The total value is based on matching funds provided by external sources, number of volunteer hours donated, and the value of major in-kind contributions made to a Project.

2. Number and Diversity of People Reached:

The purpose of this Performance Measure is to measure progress on information-sharing and education efforts, and the inclusiveness of other Project efforts, such as plan development.

3. Number and Type of Jobs Created:

The purpose of this Performance Measure is to measure economic benefits to the Sierra Nevada Region by tracking the full-time-equivalent jobs created by SNC-funded activities.

4. Number and Value of New, Improved, or Preserved Economic Activities:

The purpose of this Performance Measure (PM) is to provide the types, quantities, and, where appropriate, estimated dollar values of new, improved, or preserved economic activities, products, and services. This PM relates to SNC’s goals to develop tourism and recreational opportunities, aid in the preservation of working landscapes, and assist the regional economy.

In addition, the Grantee shall report on Project-specific Performance Measures that will help describe Project outcomes in a measurable way. The specific Performance Measures and the associated targets for this Project include the following:

5. Number of Acres Completing Pre-Implementation Planning and Environmental Compliance: The purpose of this Performance Measure is to quantify the acres DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5 Exhibit A Agreement No. 1517

for which planning and environmental compliance was completed as part of this grant. This Performance Measure includes acres for which draft environmental compliance documents are complete, but where agency decisions remain incomplete.

DocuSign Envelope ID: 7F1C8DF8-6C89-4A9B-9B2F-75DB46AF03F0 DocuSign Envelope ID: 80D6BD91-D638-4EC0-BC4C-130FCC397FF5

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 10
Subject: Consideration of Adoption of Resolution No. 2023- 35: A Resolution Requesting the Nevada County
Transportation Commission (NCTC) Allocate $ 125,760 of the City’s Fiscal Year 2023/24 Local Transportation Funds (LTF) for Public Transportation.

From: Bryan K. McAlister, City Engineer
Date: June 6, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:

Nevada City is eligible for an estimated Local Transportation Fund (LTF) annual apportionment of $125,760 for Transit Services, based upon Nevada County Transportation Commission (NCTC) adopted Resolution No. 2023-07. These funds are managed by the NCTC and are committed to first support the needs of transit and paratransit activities per a Joint Powers Agreement with Grass Valley and Nevada County. The Nevada County Transit Services Division (TSD) has requested that the City submit a claim to NCTC to allocate $125,760 of the City’s FY 2023/24 estimated LTF apportionment to support transit and paratransit services.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Transportation Development Act Funds allocated annually to the City of Nevada City are available to support the Program.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders. The project is aligned with the strategic initiative of INFRASTRUCTURE: Parking, Roads, Right-of-Way, and other public and contracted infrastructure.

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 2023-35 LTF Transit Claim
NCTC Resolution 2023-07 Findings of Apportionment
Nevada County Transit TDA Request for FY23/24
RESOLUTION NO. 2023-35

A RESOLUTION REQUESTING THE NEVADA COUNTY TRANSPORTATION COMMISSION (NCTC) ALLOCATE $125,760 OF THE CITY’S FISCAL YEAR 2023/24

LOCAL TRANSPORTATION FUNDS (LTF) FOR PUBLIC TRANSPORTATION WHEREAS, the City of Nevada City has entered into a Joint Exercise of Powers Agreement with the City of Grass Valley and the County of Nevada for the purpose of establishing and funding a Public Transportation Program; and WHEREAS, Transportation Development Act Funds that are allocated annually to the City of Nevada City are available to support the Program; and WHEREAS, the Nevada County Transportation Commission adopted Resolution No. 2023-07 showing that the City of Nevada City has an estimated apportionment of local transportation funds in fiscal year 2023-24 of $125,760; and WHEREAS, in accordance with the Joint Powers Agreement for Transit Services in Western Nevada County, the Nevada County Transit Services Division requests that the City of Nevada City prepare and submit a claim to NCTC for LTF funds to support Nevada County Connects and Nevada County Now contracted paratransit operations during fiscal year 2023-24; and
NOW, THEREFORE, IT IS HEREBY RESOLVED the City Council of the City of Nevada City requests NCTC allocate $125,760 of Nevada City’s fiscal year 2023/24 estimated apportionment of LTF for transit and paratransit services.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 14th day June 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Doug Fleming, Mayor
ATTEST:
___________________________________
Niel Locke, City Clerk

COUNTY OF NEVADA

COMMUNITY DEVELOPMENT AGENCY
Public Works Department
Transit Services Division
950 MAIDU AVENUE, SUITE 170, NEVADA CITY, CA 95959-8617 Phone: (530) 477-0103 Toll free: (888) 660-7433 Fax: (530) 477-7847 Email: [email protected]
Visit us at: www.NevadaCountyConnects.com or
www.nevadacountynow.us
Heba El-Guindy
Director of Public Works
Robin VanValkenburgh
Transit Services Manager
June 6, 2023
Sean Grayson, City Manager
City of Nevada City
317 Broad Street
Nevada City, CA 95959
SUBJECT: Fiscal Year 2023-24 Local Transportation Fund Claim Dear Mr. Grayson,
The Nevada County Board of Supervisors will hold its Fiscal Year 2023-24 budget public hearings and approval in June and these will include the Fiscal Year 2023-24 Transit Services Division Budget.

Nevada County is processing a claim with the Nevada County Transportation Commission (NCTC) for Local Transportation Funds (LTF), pursuant to the Transportation Development Act. In accordance with the Joint Powers Agreement for Transit Services in Western Nevada County, we are requesting that the City of Nevada City prepare and submit a claim to NCTC for LTF funds to support Nevada County Connects and Nevada County Now contracted paratransit operations during Fiscal Year 2023-24.

NCTC has adopted revised findings of apportionment at their May 17, 2023, meeting indicating that the City of Nevada City’s apportionment for Fiscal Year 2023-24 LTF funds is $125,760. A copy of the revised NCTC findings of apportionment is attached. Since the Transit Services’ Division budget is predicated on the use of 100 percent of the available LTF funds from all three local jurisdictions, we are respectfully asking that Nevada City prepare its claim in the amount of $125,760. As with last year’s claim, the LTF funding may be shown in a lump sum entitled “transit/paratransit operations” (P.U.C.

Sec. 99400(c).

We are hoping to have the claims approved at the July 19, 2023, NCTC meeting and I would greatly appreciate your placing this claim item on a City Council agenda at your earliest convenience in June 2023, for resolution approval.

Thank you for your continued support of Transit Services in western Nevada County. It is greatly appreciated. Should you have any questions, please contact me at 470-2833.

Sincerely,
Robin Van Valkenburgh
Transit Services Division Manager
Cc: Trisha Tillotson, Director of Community Development Agency Heba El-Guindy, Director of Public Works
Mike Woodman, Executive Director, NCTC
101 Providence Mine Road, Suite 102, Nevada City, California 95959  (530) 265-3202  Fax (530) 265-3260 E-mail: [email protected]  Web Site: www.nctc.ca.gov
File: 720.1, 1400.0

MEMORANDUM
TO: Nevada County Transportation Commission
FROM: Michael Woodman, Executive Director
SUBJECT: Revised Findings of Apportionment for FY 2023/24, Resolution 23-07 DATE: May 17, 2023
RECOMMENDATION: Approve Resolution 23-07 adopting the Revised Findings of Apportionment for FY 2023/24.

BACKGROUND: Prior to March 1 of each year, Nevada County Transportation Commission (NCTC), pursuant to California Code of Regulations Section 6644, transmits Findings of Apportionment for all prospective claimants.

The apportionments are determined from the Auditor-Controller's estimate of Local Transportation Funding (LTF) for the ensuing fiscal year, less those funds made available for Transportation Development Act administration, planning projects, pedestrian/bicycle projects, and community transit service projects. The remaining funds are apportioned by each jurisdiction’s percentage of the total population.

On March 20, 2023, NCTC approved Resolution 23-04 adopting the FY 2023/24 Preliminary Findings of Apportionment based on the California Department of Finance Population Estimates 2022 E-1 Report. On May 1, 2023, NCTC obtained the 2023 E-1 Report with updated population figures. In accordance with Section 6655.5 of the California Code of Regulations, the attached Resolution 23-07, Revised Findings of Apportionment for FY 2023/24, has been prepared to update the apportionments with the latest population data. The apportionment adjustments are as follows:

COMPARISON OF POPULATION ESTIMATES AND APPORTIONMENTS
Department of Finance E-1 Report May 1, 2022 and May 1, 2023 Apportionments Jurisdiction 1/1/2022
Population
1/1/2023
Population
Population
Change
Resolution
23-04
3/20/23
Preliminary
Findings
Resolution
23-07
5/17/23
Revised
Findings
Difference
Nevada County 67,191 67,214 23 $2,515,373 $2,529,275 $13,902 Grass Valley 13,617 13,488 -129 $509,768 $507,556 -$2,212 Nevada City 3,334 3,342 8 $124,812 $125,760 $948
Truckee 17,100 16,676 -424 $640,158 $627,521 -$12,637
Total 101,242 100,720 -522 $3,790,111 $3,790,111
Totals may not equal sum of amounts in column due to rounding.

MICHAEL WOODMAN, Executive Director
AARON HOYT, Deputy Executive Director
DANIELA FERNANDEZ – Nevada City City Council
SUSAN HOEK – Nevada County Board of Supervisors
TOM IVY – Grass Valley City Council, Vice Chair
ED SCOFIELD – Nevada County Board of Supervisors, Chair JAY STRAUSS – Member-At-Large
DUANE STRAWSER – Member-At-Large
JAN ZABRISKIE – Town of Truckee
Grass Valley • Nevada City Nevada County • Truckee

STATE’S POPULATION DECLINE SLOWS WHILE HOUSING GROWS

PER NEW STATE DEMOGRAPHIC REPORT
FOR IMMEDIATE RELEASE: CONTACT: Walter Schwarm
May 1, 2023 (916) 323-4086
H.D. Palmer
(916) 323-0648
SACRAMENTO— Stable births, fewer deaths, and a rebound in foreign immigration slowed California’s recent population decline in 2022, with the state’s population estimated at 38,940,231 people as of January 1, 2023, according to new data released today by the California Department of Finance.

Over the same period, statewide housing growth increased to 0.85 percent – its highest level since 2008. California added 123,350 housing units on net, including 20,683 accessory dwelling units (ADUs), to bring total housing in the state to 14,707,698 units. New construction represents 116,683 housing units with 63,423 single family housing units, 51,787 multi-family housing units, and 1,473 mobile homes.

The 0.35-percent population decline for 2022, roughly 138,400 persons, marks a slowdown compared to the recent decline during the COVID-19 Pandemic. Between 2021 and 2022, California’s population decreased 0.53 percent or 207,800 persons, due mainly to sharp declines in natural increase and foreign immigration.

For 2022, natural increase – the net amount of births minus deaths -- increased from 87,400 in 2021 to 106,900 in 2022. Births decreased slightly from 420,800 in 2021 to 418,800 in 2022, while deaths declined gradually from 333,300 persons in 2021 to 311,900 persons in 2022, respectively.

Foreign immigration nearly tripled in 2022 compared to the prior year, with a net gain of 90,300 persons in 2022 compared to 31,300 in 2021. While foreign immigration to California has nearly returned to pre-pandemic levels, natural increase has not rebounded. Total births remain low due to fertility declines; while deaths have eased gradually from their pandemic peak, they remain elevated.

With slower domestic in-migration and increased domestic out-migration likely the result of workfrom-home changes, declines in net domestic migration offset the population gains from natural increase and international migration.

The report contains preliminary year-over-year January 2023 and revised January 2021 and January 2022 population data for California cities, counties, and the state. These estimates are based on information through January 1, 2023. Significant changes over the year include:
• Population growth slowed but remained positive in the interior counties of the Central Valley and the Inland Empire, while most counties saw declines, including every coastal county except San Benito (0.2 percent).
• Only two counties had growth above a half of a percent: Madera (0.6 percent) and Yuba (0.6 percent), due to housing gains. The next largest in percentage growth were San Joaquin (0.4 percent), Merced (0.4 percent), and Imperial (0.4 percent) counties.

• Forty-six of the state’s fifty-eight counties lost population. The ten largest percentage decreases were: Lassen (-4.3 percent), Del Norte (-1.3 percent), Plumas (-1.2 percent), Santa Cruz (-1.0 percent), Marin (-1.0 percent), Tehama (-1.0 percent), Napa (-1.0 percent), Lake (-0.9 percent), Monterey (-0.8 percent), and Los Angeles (-0.8 percent). • The state’s three most populous counties all experienced population loss: Los Angeles declined by 73,293 persons (-0.75 percent), San Diego by 5,680 persons (-0.2 percent), and Orange by 14,782 persons (-0.5 percent).
• The top five cities where housing production drove population growth include: Paradise (24.1 percent) in Butte County, Lathrop (11.1 percent) in San Joaquin County, Duarte (6.6 percent) in Los Angeles County, Wheatland (4.6 percent) in Yuba County, and Shafter (4.3 percent) in Kern County.

County housing highlights include:
• Yuba had the highest housing growth (2.3 percent) of all counties, followed by: Placer, Butte, Madera, San Joaquin, Yolo, Alameda, San Benito, Merced, and Imperial. • Twelve counties gained housing at or above 1.0 percent. • One county lost housing: Mariposa due to a wildfire in 2022. • Ranked by net housing gains, Los Angeles (19,556), San Diego (7,034), Oakland (4,005), San Francisco (2,823), and Unincorporated Riverside County (2,106) added the most housing units in 2022.
• Larger densely populated urban areas built most of the multi-family housing throughout the state. Los Angeles led the state gaining 12,074 multi-family units, comprising 61.7 percent of their net housing growth, followed by San Diego (4,568 for 64.9 percent), Oakland (3,880 for

96.9 percent), and San Francisco (2,573 for 91.1 percent). • Conversely, single family housing is more likely to be built further inland in typically more suburban cities. Cities with a high proportion of single family growth include: Roseville (100 percent single family), Santa Clarita (100 percent single family), Fresno (91.7 percent single family), and Irvine (71 percent single family).

Also of note in the report:
• 356 cities lost population, while 125 gained population and one had no change. • Of the ten largest cities in California, only three gained population: Sacramento had the largest percentage gain in population (0.2 percent, or 1,203) followed by Bakersfield (0.2 percent, or 882) and Fresno (0.1 percent, or 599).
• Accessory dwelling unit production increased by 60.6 percent, with the state adding 20,638 ADUs in 2022.
• Group quarters represent 2.4 percent (926,000) of the total state population. This population includes those living in college dormitories (269,000) and in correctional facilities (168,000). In 2022, California’s group quarters population increased by 11,000 people or 1.2 percent. The college dormitory population grew by 16,000 (6.2 percent). Correctional facilities declined in population in 2022 by 4,200 people (-2.5 percent) across federal, state and local facilities. As college dormitory populations continue to return to a post-

pandemic normal, several jurisdictions saw significant gains in population due to this population. The City of Arcata in Humboldt County grew by 4.1 percent due to a 45.1 percent increase at Cal Poly Humboldt. The City of Marina in Monterey County grew by 2.5 percent due to a 12.6 percent increase at California State University at Monterey Bay.

State prisons are generally located in remote areas; as a result, increases or decreases can account for significant changes in their respective area populations. For example, prison declines led to population decreases in Susanville (-9.5 percent) in Lassen County, Calipatria (-5.6 percent) in Imperial County, and Crescent City (-4.4 percent) in Del Norte County.

Background Information:

These population estimates are produced annually by Finance for use by local areas to calculate their annual appropriations limit. The State Controller’s Office uses Finance's estimates to update their population figures for distribution of state subventions to cities and counties, and to comply with various state codes. Additionally, estimates are used for research and planning purposes by federal, state, and local agencies, the academic community, and the private sector.

Changes to the housing stock are used in the preparation of the annual city population estimates. Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new construction, demolitions, housing unit conversions, and annexations. The sub-county population estimates are then adjusted to be consistent with independently produced county estimates.

Comparing Census Bureau’s recently released July 1, 2022 estimates with Finance’s January 1, 2023 estimates should generally be avoided since they refer to different points in time. In addition, there are numerous differences between the two series including the effects of the wildfires, changes in migration patterns, accelerating slowdown in births, and excess deaths due to the COVID-19 Pandemic that make comparisons difficult.

All Finance population and housing estimates are benchmarked to a decennial census. The estimates in this report are benchmarked to the 2020 decennial census.

Related population reports are available on the Department’s website:
http://www.dof.ca.gov/Forecasting/Demographics/
# # #

E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2022 and 2023
Total Population Percent Total Population Percent
JURISDICTION 1/1/22 1/1/23 Change JURISDICTION 1/1/22 1/1/23 Change Napa 135,941 134,637 -1.0 Placer 409,441 410,305 0.2
American Canyon 21,631 21,338 -1.4 Auburn 13,596 13,365 -1.7 Calistoga 5,162 5,127 -0.7 Colfax 2,038 2,016 -1.1
Napa 77,533 76,821 -0.9 Lincoln 51,199 52,313 2.2
St Helena 5,380 5,355 -0.5 Loomis 6,715 6,607 -1.6
Yountville 2,819 2,778 -1.5 Rocklin 71,655 71,179 -0.7
Balance of County 23,416 23,218 -0.8 Roseville 151,450 152,928 1.0 Balance of County 112,788 111,897 -0.8
Nevada 100,973 100,720 -0.3
Grass Valley 13,474 13,488 0.1 Plumas 19,232 18,996 -1.2 Nevada City 3,256 3,342 2.6 Portola 2,129 2,094 -1.6
Truckee 16,693 16,676 -0.1 Balance of County 17,103 16,902 -1.2 Balance of County 67,550 67,214 -0.5
Riverside 2,430,976 2,439,234 0.3
Orange 3,151,946 3,137,164 -0.5 Banning 30,856 31,250 1.3 Aliso Viejo 51,016 50,766 -0.5 Beaumont 54,349 56,590 4.1 Anaheim 335,946 328,580 -2.2 Blythe 17,417 17,265 -0.9
Brea 46,947 48,184 2.6 Calimesa 10,950 10,962 0.1
Buena Park 83,359 83,517 0.2 Canyon Lake 11,003 10,949 -0.5 Costa Mesa 111,649 111,183 -0.4 Cathedral City 51,621 51,433 -0.4 Cypress 49,877 49,818 -0.1 Coachella 41,935 42,462 1.3
Dana Point 33,009 33,155 0.4 Corona 157,139 157,005 -0.1 Fountain Valley 56,976 56,987 0.0 Desert Hot Springs 32,389 32,608 0.7 Fullerton 143,013 142,873 -0.1 Eastvale 69,978 69,514 -0.7 Garden Grove 171,195 171,183 0.0 Hemet 89,170 89,918 0.8 Huntington Beach 196,469 195,714 -0.4 Indian Wells 4,785 4,774 -0.2 Irvine 305,688 303,051 -0.9 Indio 89,789 90,837 1.2
Laguna Beach 22,506 22,445 -0.3 Jurupa Valley 105,154 104,983 -0.2 Laguna Hills 30,667 30,525 -0.5 Lake Elsinore 71,989 71,973 0.0 Laguna Niguel 65,010 64,702 -0.5 La Quinta 37,562 37,979 1.1 Laguna Woods 17,536 17,450 -0.5 Menifee 107,411 110,034 2.4 La Habra 62,037 61,835 -0.3 Moreno Valley 208,302 208,289 0.0 Lake Forest 86,614 87,127 0.6 Murrieta 110,592 109,998 -0.5 La Palma 15,402 15,332 -0.5 Norco 25,035 25,037 0.0
Los Alamitos 11,894 12,129 2.0 Palm Desert 50,626 50,615 0.0 Mission Viejo 92,118 91,846 -0.3 Palm Springs 44,165 44,092 -0.2 Newport Beach 83,653 83,411 -0.3 Perris 78,474 78,948 0.6 Orange 138,155 139,063 0.7 Rancho Mirage 16,854 17,012 0.9 Placentia 51,327 52,507 2.3 Riverside 314,818 313,676 -0.4 Rancho Santa
Margarita
San Clemente
San Juan
Capistrano
47,300
63,431
34,869
47,066
63,237
35,089
-0.5
-0.3

0.6 San Jacinto
Temecula
Wildomar
Balance of County
54,303
109,468
36,438
398,404
54,103
108,899
36,336
401,693
-0.4
-0.5
-0.3

0.8 Santa Ana 304,258 299,630 -1.5
Seal Beach 24,871 24,647 -0.9 Sacramento 1,573,366 1,572,453 -0.1 Stanton 38,986 39,084 0.3 Citrus Heights 86,152 85,837 -0.4 Tustin 79,696 79,558 -0.2 Elk Grove 176,621 177,005 0.2 Villa Park 5,791 5,790 0.0 Folsom 84,438 85,498 1.3
Westminster 90,660 90,498 -0.2 Galt 25,185 25,557 1.5
Yorba Linda 67,284 67,068 -0.3 Isleton 766 759 -0.9
Balance of County 132,737 132,114 -0.5 Rancho Cordova 80,156 81,117 1.2

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 11
Subject: Consideration of Adoption of Resolution 2023-
27: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payment for the Nourish Sushi Outdoor Dining Area
Located at 106 Union Alley, Nevada City
From: Lisa McCandless, Interim City Planner
Sean Grayson, City Manager
Date: June 7, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

At their May 18, 2023, meeting, the Planning Commission, after holding a duly noticed public hearing, approved a Conditional Use Permit for Nourish Sushi, for the conversion of an open private property area of 215 square feet between 104 and 106 Union Alley into an outdoor dining area associated with the adjacent restaurant business 104 Union Alley. Among the approved entitlements was a Variance from the one 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 inlieu 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. The applicant has requested, and staff supports the in-lieu parking payment. Based on the public benefit amenities the property owner is willing to provide, the net parking demand is equal to one (1) space. Per Resolution 2005-35 the current in-lieu parking fee per space is $4,500 making the total due to the city $4,500.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The in-lieu parking fee of $4,500 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 2023-27
1 RESOLUTION NO. 2023-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,

CALIFORNIA APPROVING A PERMIT FOR IN-LIEU PARKING PAYMENT FOR THE NOURISH SUSHI OUTDOOR DINING AREA LOCATED AT 106 UNION ALLEY,

NEVADA CITY
WHEREAS, the project, known as the Nourish Sushi Outdoor Dining area, was approved by the Nevada City Planning Commission at a public hearing on May 18, 2023; WHEREAS, the project involves the conversion of an open private property area of 215 square feet between 104 and 106 Union Alley into an outdoor dining area associated with the adjacent restaurant business 104 Union Alley including an ADA path of travel and the conversion will enclose the area with a metal rail consistent with the existing metal fencing design of the adjacent property;
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 one (1) parking space; and WHEREAS, the property owner has agreed to pay the City the parking in-lieu fee for the one (1) parking space;
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 Nourish Sushi Outdoor Dining Area at 106 Union Alley for one (1) space in the amount of $4500.

PASSED, APPROVED AND ADOPTED this 14th day of June 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Doug Fleming, Mayor
ATTEST:
___________________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: June 14, 2023 Agenda Item No. 12
Subject: Conduct a Public Hearing on the City’s Fiscal Year 2023-2024 Proposed Annual Budget by:

Consideration of Resolution No. 2023-28: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2024 Budget; and
Consideration of Resolution No. 2023-29: A Resolution of the City Council of the City of Nevada City Adopting the FiveYear Capital Improvement Program 2024-2028; and Consideration of Resolution No. 2023-30: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2023-2024 Citywide Classification and Compensation Plan; and
Consideration of Resolution No. 2023-31: A Resolution of the City Council of the City of Nevada City Adopting the Fiscal Year 2023-2024 Citywide Master Fee Schedule; and
Consideration of Resolution No. 2023-32: A Resolution of the City Council of the City of Nevada City Certifying Compliance with the 2022-2023 Appropriations Limitation and Establishing the Appropriation Limitation for the 2023-2024 Fiscal Year Adopting the Appropriations Limit for Fiscal Year 2023-2024; and
Consideration of Resolution No. 2023-37: A Resolution of the City Council of the City of Nevada City Adopting a Fixed Assets Capitalization and Inventory Control Policy; Accounts Receivable Policy; and Accounts Payable Policy
From: Sean Grayson, City Manager
Stephen Erlandson, Interim Assistant City Manager
Date: June 8, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Conduct the public hearing and adopt the resolutions.

ISSUE STATEMENT AND DISCUSSION:

On June 22, 2022, the City Council adopted the fiscal year 2022-23 Budget, a new Capital Improvement Program, Citywide Classification and Compensation Plan, Citywide Master Fee Schedule, and the establishment of the 2022-23 Appropriations Limit. The City Council held a mid-year review of the current budget on February 22, 2023 wherein the City amended its revenues and expenditures based on year-to-date activity. On May 3, 2023, the City Council conducted a budget workshop to review projected revenues, expenditures, department level budgets, reserve fund balances, authorized personnel distribution, and the enhanced five-year capital improvement program during which the Council provided direction toward the creation of the fiscal year 2023-24 budget. A public hearing was set for June 14, 2023, for the City Council to consider the adoption of the fiscal year 2023-24 budget.

The proposed Fiscal Year 2023-2024 Budget is attached. The budget has been prepared in compliance with the State of California Government Code. It incorporates the Financial Management Policies adopted by the City Council and provides a clearer, more transparent and expanded view of the City’s finances over previous budgets. The State of California indicates that the City had a projected population of 3,342 as of January 1, 2023.

Those who live, work, play, thrive, and shop local in Nevada City enjoy an amazing small-town atmosphere with a mid-sized service delivery model. The proposed budget maintains the existing services and seeks to enhance specific areas including a focus on wildfire preparedness and open space maintenance, Community Policing, greater financial and human resources/risk management oversight, Economic Development, infrastructure improvements throughout the City and the achievement of multiple goals within each of the initiatives in the City’s Strategic Plan.

The presented budget is balanced on a current resources basis (revenues versus expenditures) and balanced better (funds have been allocated to all of the reserve accounts established in January of 2022). The use of reserve funds is a result of reappropriating previously budgeted amounts so that the City may “hit the refresh button” to ensure accuracy in its financial tracking going forward. The total general fund operating budget is $6,294,880 with revenues of $6,319,821. This is exclusive of planned one-time use of fund balance related to insurance proceeds received in FY 2022-23 that are now being appropriated in FY 2023-24 for the remodel of the barn building at the public works yard.

Staff has maintained all reserve fund balances in this budget after adding to each of them in the FY 2022- 23 budget. The proposed general fund reserve account balances for the proposed FY 2023-24 budget are:
• Revenue Reserve: $1,144,000 or approximately 20% of total budgeted funds • Employee Benefit Reserve: $250,000 or approximately 50% of City’s total liability • Capital Improvement Reserve: $100,000 or approximately 2% of total budgeted funds • Vehicle and Equipment Replacement Reserve: $150,000 or approximately 25% of liability • Litigation Reserve: $120,000 or 100% of annual loss claims history • Community Fund Reserve: $28,000 or 100% of Community Agency average During FY 2022-23 the city undertook a stakeholder led Strategic Planning process. The result of the process included the adoption of the City’s first comprehensive Strategic Plan. This resulted in the established initiatives, goals and objectives outlined in the budget document for each department / governmental function. In addition to the routine work of the city and each department, objectives to address the initiatives within the strategic plan are presented under each department within this FY 2023- 24 budget. The use of ARPA derived funds will be recommended within the Strategic Plan objectives assigned in the final budget although the actual expenditures and related appropriations will be approved by the City Council at the time of execution or fulfillment of the objective.

Fiscal Year (FY) 2023-24 marks the first year that the City of Nevada City has produced a comprehensive Five-Year Capital Improvement Program (CIP). The Five-Year CIP is the first step in planning beyond the one-year horizon that traditionally is used in budgeting processes. The first-year funding recommendations are included in the proposed FY 2023-24 Operating Budget and Capital Improvement Program. The proposed FY 2023-24 CIP contains $8,886,884 of new appropriations for projects, exclusive of carryover projects and funds.

Adoption of Resolution 2023-28 adopts the Fiscal Year 2023-2024 Budget.

Resolution No. 2023-29 (Adopting the Five-Year Capital Improvement Program) As previously noted, Fiscal Year (FY) 2023-24 marks the first year that the City of Nevada City has produced a comprehensive Five-Year Capital Improvement Program (CIP). The Five-Year CIP is the first step in planning beyond the one-year horizon that traditionally is used in budgeting processes. This document provides a timeline of funding sources and expenditures, funding status, project detail and status, along with other financial information and a glossary of terms to assist residents with budgetary and CIP terminology. Staff recommends the new plan be approved by adopting the attached resolution.

Resolution No. 2023-30 (Adopting Classification and Compensation Plan) The fiscal year 2023-2024 budget includes a listing of authorized full-time positions by classification and by department. The Citywide Classification and Compensation Plan has been updated to reflect the 4% salary increase applicable to all full-time employees beginning the start of the first pay period in July of 2023. The plan has also been updated to include additional positions added in the Fiscal Year 2023-2024 Budget. Staff recommends the new plan be approved by adopting the attached resolution.

Resolution No. 2023-31 (Adopting Master Fee Schedule)
The City published its first Citywide Master Fee Schedule which was adopted by resolution of the City Council in conjunction with the Fiscal Year 2022-2023 Budget adoption. The fee schedule was adopted several times throughout the fiscal year to include additional fees and updated fees. Overall, most fees are current. Staff recommends the following fees be updated and are represented in the attached Citywide Master Fee Schedule by adopting the attached resolution:

Business License Fees
The Business License Chapter of the Nevada City Municipal Code (5.04) identifies states, “The license taxes provided for herein shall be adjusted annually at the beginning of each fiscal year after 2016-17 by the percentage change in the Consumer Price Index from the last setting of such rates as shown by the State of California Division of Labor Statistics & Research Consumer Price Index Calculator for the California CPI for Urban Wage Earners and Clerical Workers unless the city council otherwise directs.” The California CPI for Urban Wage Earners and Clerical Workers for calendar year 2022 had a 7.6% increase. The City Council may exercise up to this amount of increase, however this would represent the largest single increase in the Business License Fees since its inception. Staff recommends a 4% increase to the 1 and 3 year business license and home occupation permits matching the 4% raises provided to all employees. Staff recommends that the event vendor business license not be increased as it was established in April of 2023.

Planning & Engineering Fees
Staff recommends that the Conditional Use Permit Ground Level Office in the General Business District match all other Conditional Use Permit (CUP) fees of $2200 given that the permit requires the same public hearing before Planning Commission as all other CUPs. Staff also recommends the creation of a Cannabis Business Limited Expansion Application fee of $220.

The municipal code allows the City Planner to approve a small list of minor expansions to existing cannabis businesses while all other changes require a new cannabis business application and review by the Planning Commission. The $220 fee for this work matches the similar ministerial approvals within the Planning fee structure.

Recreation Fees
Recreation fees are recommended to be updated with the mid-year review of the Fiscal Year 2023-2024 Budget registration and rates for the summer season have already been applied using current rates. The Fiscal Year 2023-2024 Budget includes an analysis of cost recovery for the City Swimming Pool at Pioneer Park. The City does not achieve the recommended 50% cost recovery for the pool. Rates will be recommended to move toward the 50% benchmark recovery rate over a five-year period in the mid-year review.

Resolution No. 2023-32 (Adopting the Appropriations Limit) In November 1979, the voters of California passed Proposition IV which specified that government appropriations may increase annually by a factor comprised of the change in population combined with either the Consumer Price Index (CPI) or the change in per capita cost of living. The Proposition was intended to provide citizen control of government spending and taxation. The adoption of the Appropriations Limit (Gann) is an annual requirement.

The Appropriations Limit applicable to the City, pursuant to Article XIII B of the California State Constitution, shall be $6,184,002.94 for fiscal year 2023-2024. The Appropriations Limit consists of the prior year’s limit, adjusted by a population factor and inflationary factor provided annually by the Department of Finance. Revenue sources subject to the limit include tax and intergovernmental revenues.

For fiscal year 2023-2024, the City is using the population percentage change of 2.64% and the change in per capita cost of living 4.44% for the calculation. Adoption of Resolution 2023-32 adopts this appropriations limit for the City for fiscal year 2023-2024.

Resolution No. 2023-37 (Adopting Financial Policies)
Through administrative recommendations and as a result of financial audits, the City has determined a need for additional financial policies. As such, the City Council adopted the City’s Fraud Policy during its regularly scheduled Council meeting on March 22, 2023 as recommended by the City’s independent auditor. Continuing this effort, staff has developed for City Council consideration a Fixed Assets Capitalization and Inventory Control Policy, Accounts Receivable Policy, and Accounts Payable Payment Processing Policy that will formalize procedures and enhance internal controls. Adoption of Resolution 2023-37 adopts these three policies.

Staff will continue to draft and present additional financial policies for Council consideration throughout the first half of fiscal year 2023-24. It is the intent of staff that all policies will be reviewed annually in conjunction with the annual budget process.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Adoption of the budget, the related actions, and financial management policies formalizes the City Council financial and budget policy for the fiscal year.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable
ATTACHMENTS:

Fiscal Year 2023-2024 Budget
Resolution No. 2023-28 (Adopting Budget)
Fiscal Year 2024-2028 Five-Year Capital Improvement Plan Resolution No. 2023-29 (Adopting Five-Year Capital Improvement Plan) Resolution No. 2023-30 (Adopting Classification and Compensation Plan) Resolution No. 2023-31 (Adopting Master Fee Schedule)
Resolution No. 2023-32 (Adopting the Appropriations Limit) Resolution No. 2023-37 (Adopting Financial Policies)
City of Nevada City
Operating Budget and
Capital Improvement Program
Fiscal Year 2023-2024

CITY OF

NEVADA CITY
Doug Fleming
Mayor
Daniela Fernández Gary Petersen Adam Kline Lou Ceci
Mayor Pro Tem Council Member Council Member Council Member Niel Locke
City Clerk
Sean Grayson
City Manager
Dean Pucci Gabrielle Christakes Stephen Erlandson
City Attorney Deputy City Clerk / Administrative Services Manager Interim Assistant City Manager Dan Foss Sam Goodspeed Lisa McCandless
Police Chief Division Fire Chief Interim City Planner
Bryan McAlister Mike Faudoa Shane Kinne
City Engineer/Public Works Director Chief Plant Operator Public Works Superintendent Dawn Zydonis
Parks & Recreation Manager
Mayor and City Council
City Staff
BUDGET
FY 2023-24

CITY OF NEVADA CITY
Elected Staff

CITY OF

NEVADA CITY
6 11
12 13
15 20
21 24
25 30
36 38
39 40
41 42
46 48
62 63
64 69
70 Budget Process and Other Management Information……………………………………………………………….

General Fund Expenses and Revenues………………………………………………………………………………….

FINANCIAL SUMMARIES
Summary of Estimated Revenues & Appropriations and Estimated Changes in Fund Balances……………..

Classification of Funds…………………………………………………………………………………………………..

Glossary of Budget Terms……………………………………………………………………………………………….

BUDGET
FY 2023-24

TABLE OF CONTENTS
Pool Financial Summary………………………………………………………………………………………………… BUDGET MESSAGE……………………………..………………………………………………………………………………

GENERAL INFORMATION
Organizational Chart……………………………………………………………………………………………………… Personnel Summary by Department…………………………………………………………………………………… City of Nevada City Profile………………………………………………………………………………………………..

Budget Preparation Timeline…………………………………………………………………………………………… Demographic Overview…………………………………………………………………………………………………..

Schedule of Interfund Transfers………………………………………………………………………………………… Budget Account Structure………………………………………………………………………………………………… Overview of Estimated Revenues………………………………………………………………………………………

REVENUES
Two-Year Comparison of Estimated Revenues by Fund…………………………………………………………….

Revenue Detail……………………………………………………………………………………………………………

EXPENDITURES
Total Budgeted Expenses and Revenues………………………………………………………………………………..

Two-Year Comparison of Appropriations by Fund…………………………………………………………………… Appropriation Summary by Department/by Expenditure Type……………………………………………………… Appropriation Summary by Fund/by Program/by Department/by Expenditure Type……………………………..

Five-Year Overview of Departmental Appropriations………………………………………………………………… Five-Year Overview of Appropriations by Fund………………………………………………………………………..

CITY OF

NEVADA CITY
71 73
77 82
86 91
94 96
98 103
110
114
116
118
123
127
130
135
139
142
145
148
ENGINEERING AND PUBLIC WORKS……………………………………………………………………………………… GENERAL GOVERNMENT…………………………………………………………………………………………………… City Council………………………………………………………………………………………………………………… City Clerk……………………………………………………………………………………………………………………
PLANNING…………………………………………………………………………………………………………………….

Planning Department…………………………………………………………………………………………………….

Planning Commission……………………………………………………………………………………………………

TABLE OF CONTENTS
Sewer Collection………………………………………………………………………………………………………….

Measure M…………………………………………………………………………………………………………………
BUDGET
City Attorney………………………………………………………………………………………………………………..

Community Agency
PUBLIC SAFETY……………………………………………………………………………………………………………… Fire Department…………………………………………………………………………………………………………… Police Department………………………………………………………………………………………………………..

PROGRAM AND DEPARTMENTAL DETAILS
WATER AND WASTEWATER……………………………………………………………………………………………… Water Distribution………………………………………………………………………………………………………… Sewer Department………………………………………………………………………………………………………..

Finance and Administration……………………………………………………………………………………………..

City Manager……………………………………………………………………………………………………………….

FY 2023-24
PARKS AND RECREATION………………………………………………………………………………………………… Water Department………………………………………………………………………………………………………… Public Works………………………………………………………………………………………………………………

CITY OF

NEVADA CITY
151
152
154
155
156
157
158
159
160
161
162
163
Streets/Roads/Sidewalks………………………………………………………………..................................................

APPENDIX
BUDGET
FY 2023-24

TABLE OF CONTENTS
Buildings………………………………………………………………………………………………………...................

Wastewater Treatment Plant…………………………………………………………………………………………….

Sewer Collection System………………………………………………………………………………………...............

Capital Improvement Projects Summary by Fund/by Program……………………………………………………..

Water Distribution System……………………………………………………………………………………………….

Budget and Financial Management Policies……………………………………………………………………………………………….

Pioneer Park…………………………………………………………………………………………….............................

Trails……………………………………………………………………………..................................................................

Swimming Pool……………………………………………………………………………………………………………
Water Treatment Plant………………………………………………………………………………………....................

CAPITAL IMPROVEMENT PROGRAM
Capital Improvement Projects Summary by Fund/by Function……………………………………………………… City of Nevada City
June 14, 2023
Honorable Mayor and City CouncilIt is an honor to submit the Fiscal Year (FY) 2023-24 Operating Budget and Capital Improvement Program for Nevada City. I am grateful for the leadership of the City Council, the dedication of staff, and the engagement of our community; without all three this budget could not have been created. I would like to say thank you to all Nevada City employees and a tremendous round of applause is due to our Interim Assistant City Manager Stephen Erlandson, our Deputy City Clerk / Administrative Services Manager Gabrielle Christakes, our Accounting Technician Brittnie Neundorfer, and our Customer Services Representative Tanya Horton; collectively they are the team that keeps the financial engine of the City running.

The budget has been prepared in compliance with the State of California Government Code. It incorporates the Financial Management Policies adopted by the City Council and provides a clearer, more transparent, and expanded view of the City’s finances over previous budgets. In the previous fiscal year’s budget we made substantial changes in the format and transparency of the budget. In this budget we have transitioned into a best practices format that will allow the City to pursue future recognition for its budget process. The Council’s revised Investment Policy is reflected in the City’s investment portfolio, which is shown in the budget under the nonspendable reserve category.

The State of California indicates that the City had a projected population of 3,342 as of January 1, 2023. Those who live, work, play, thrive, and shop local in Nevada City enjoy an amazing smalltown atmosphere with a mid-sized service delivery model. The proposed budget maintains the existing services and seeks to enhance specific areas including a focus on wildfire preparedness and open space maintenance, Community Policing, greater financial and human resources/risk management oversight, Economic Development, infrastructure improvements throughout the City and the achievement of multiple goals within each of the initiatives in the City’s Strategic Plan.

The presented budget is balanced on a current resources basis (revenues versus expenditures) and balanced better (funds have been allocated to all of the reserve accounts established in January of 2022). The use of reserve funds is a result of reappropriating previously budgeted amounts so that the City may “hit the refresh button” to ensure accuracy in its financial tracking going forward. The total general fund operating budget is $6,294,880 with revenues of $6,319,821. This is exclusive of planned one-time use of fund balance related to insurance proceeds received in FY 2022-23 that are now being appropriated in FY 2023-24 for the remodel of the barn building at the public works yard.

General Revenue Information
Projected revenues for the current fiscal year (FY 2022-23) are anticipated to be at or above the amended budget in most categories. Overall revenues are projected to trend upwards in FY 2023- 24 by 2.0% for a total revenue increase of $133,968. The city remains revenue constrained, but there are several initiatives to address revenue enhancement or optimization that will occur in FY 2023-24.
6 Property Taxes
The City continues to realize a healthy, albeit small, growth in secure property taxes. The projected secure property tax for Nevada City as of July 1, 2022, for FY 2022-23 was $1,473,826, actuals are trending higher at $1,517,241 which is the amount adopted in the City’s FY 2022-23 amended budget. Staff projects a 3.0% growth in property tax allocation anticipating FY 2023-24 budget revenue of $1,562,758, or $45,517 in growth.

Staff projects supplemental property tax for FY 2023-24 to remain relatively flat at $27,445. In the prior fiscal year, the City experienced growth largely attributable to the sale of property during the pandemic in which the new sales price was significantly higher than the previously assessed value for the property; however, with rising interest rates and housing prices leveling the City anticipates no growth in this revenue line item. It is worth noting that any increase in supplemental property tax may be helpful to the City, but it also may be harmful to housing and sales tax generation if the trend of people buying houses from out of the area and not living in them or renting them continues as the pandemic winds down.

Property Tax In-Lieu of Vehicle License Fee (VLF) is a tax imposed by the State on the ownership of a registered vehicle in place of taxing vehicles. Nevada City receives additional property tax to replace VLF revenue that was cut when the state permanently reduced the VLF in 2004. This property tax in lieu of VLF grows with the change from the prior year in gross assessed valuation of taxable property in Nevada City. Following the 3.0% growth in property tax allocation for the FY 2023-24 budget, property tax in-lieu of VLF revenue is projected to grow by $10,292 from $343,052 to $353,344.

Transient Occupancy Tax (TOT) or “Room Tax”
Nevada City collects a 10% TOT against the room rate for motels, hotels, campgrounds, and private property rentals within the city. This rate of 10% is among the lowest levels among agencies having such a tax in California. TOT collections will not grow from increased occupancy at the National Hotel for the next 10 years due to a tax deferral agreement in place with the hotel. This agreement was timely and appropriate to allow the remodeling of the hotel while allowing a phase in of TOT over time. Staff projects a 4.7% increase in TOT in FY 2023-24 from $486,987 to $510,000 for a total increase of $23,013 in the pending fiscal year budget.

Sales Tax
The sales tax rate in Nevada City is 8.375%. Sales tax rates are a combination of state base taxes plus special taxes. The state base tax is 7.25% which is broken down as 5% state, 1% City and

0.25% county. The special sales taxes in Nevada City total 1.125% broken down as 0.25% county library tax, 0.375% Nevada City public safety tax (Measure C), and 0.5% Nevada City streets, water, and wastewater tax (Measure M). Working with our sales tax consultants, HdL, there is an anticipated decrease of $9,691 in sales tax for FY 2023-24.

Measure C and Measure M
Measure C is a special sales tax dedicated to police and fire expenses and Measure M (Measure S prior to January 1, 2022) is a special sales tax dedicated to streets, water and wastewater infrastructure (streets only as Measure S). As special sales taxes Measure C and Measure M have slightly different calculations as they do not include a relative percentage of pooled sales tax. Working with our sales tax consultants, HdL, there is an anticipated slight decrease in Measure C for FY 2023-24. HdL has not provided projections for FY 2023-24 as they do not have a full cycle of data to develop an estimate; however, staff anticipates an increase in Measure M sales tax revenues for FY 2023-24. The Measure C and Measure M sales tax revenue budget for FY 2022- 23 was $695,759 for Measure C and $835,000 for Measure M whereas projected actuals are trending on par with budget for Measure C and trending better than estimates for Measure M. This means that the projected budget for FY 2023-24 will reflect a 1.0% decrease for Measure C and a 10.8% increase for Measure M in the FY 2023-24 budget versus prior year. 7 Cannabis Tax (Measure F)
In addition to the sales tax applied to cannabis retail sales the city, by voter initiative, taxes cultivation, production, retail, and testing of cannabis by local ordinance. As Nevada City was the first City in the county to permit these activities, the industry has largely grown around Nevada City. The market for legal cannabis has had ups and downs for the last several years due to the pandemic and other factors. With Grass Valley permitting all aspects of cannabis in the near future it is anticipated that some retail and other tax bases will be reduced in Nevada City. There are proposals for activities that may also increase cannabis tax within Nevada City over the coming fiscal year. Overall staff projects cannabis tax revenues to remain flat at $735,000 in FY 2023-24.

Business Licenses
The City saw an approximate $10,000 reduction in actual business license revenue in FY 2022-23 directly related to the Business Development and Sustainability Fee Waiver program that allowed businesses to secure and/or renew their business license by only paying the $4 state fee. In implementing the program the City was able to secure business license renewal of all previously outstanding businesses that remained open. Additionally, the City recently adopted a low cost event vendor business license type for those vendors that sell at events within the city and do not have a fixed location of business in Nevada City. The combined effect of these programs will provide an opportunity for the City to better track business licenses and renew expirations in a timely fashion.

The budgeted revenue for business licenses in FY 2023-24 is $99,700 which is the same as the FY 2022-23 budget but an increase of 11% against anticipated actuals for FY 2022-23 related to the fee waiver program.

Grant Reimbursement
The city was successful in a number of grant opportunities in FY 2022-23. In the FY 2023-24 budget nearly $1 million of grant funds will provide staffing and equipment in the City within the police department, public works, and finance. Staff plans to initiate a bid process for grant writing services in FY 2023-24 with an initial action of the selected firm(s) to be to create a master list of projects that the city will be seeking grants for. It is anticipated that the mid-year budget review will include a request for allocation of funds to pay for targeted grant writing services to address high priority projects from the list.

Fees In General
The City published its first Citywide Master Fee Schedule which was adopted by resolution of the City Council in conjunction with the FY 2022-23 Budget adoption. The fee schedule was amended several times throughout the fiscal year to include additional fees and updated fees. Overall, most fees are current; however, staff is recommending that some fees be updated, which are represented in the Citywide Master Fee Schedule and related resolution that accompanies the proposed budget adoption.

AB1600 Fees
AB 1600 Fees or Development Impact Fees are charged to new development to pay for the impacts of that development. These fees are based upon future system needs within the fund area and cannot be used for maintenance of existing infrastructure. The study basis for the currently collected fees is from 1994. Although the number of projects that are required to pay AB1600 fees is relatively low in any given year, the fees should reflect modern project needs for growth. Beginning in FY 2023- 24 the city will adopt a Capital Improvement Plan (CIP) with the budget and a component of the CIP will be annual adjustment to the AB1600 fee schedule.

Water and Wastewater (Sewer) Rates
Current water and wastewater rates are insufficient to cover the full cost of both services provided by the city, including the funding of much needed capital improvement projects. This requires the City’s general fund to supplement the two enterprise funds. An initial analysis of the water and wastewater system suggests that there are opportunities to reduce operational expenses while 8 gaining operational efficiencies that should be considered prior to a future rate study. Those opportunities have been implemented in this FY 2023-24 budget where a reduction in expenses in both funds can be found. Staff anticipates that there will be infrastructure grant programs available at both the state and federal level and will be applying for several projects already listed in the water/wastewater master plans and the accompanying Five-Year Capital Improvement Program. Staff anticipates conducting a water/wastewater resiliency and operational effectiveness study followed by a rate study in coordination with the Water Strategic Initiative Committee in early FY 2023-25.

Parking Fees
Parking fees had a significant decrease during the pandemic but have to baseline. The current number of metered parking spots, hours of metering, and rate are all lower than other similar communities with parking meters. The city is generally considered to be parking constrained and there has been a historical push to increase parking. During FY 2022-23 staff began a Parking Demand and Needs Analysis. This will address the current configuration and possible expansion. It will also serve as a primer to a transition plan for credit card payments, payment kiosks and appbased metering in the future. Through the Infrastructure Strategic Initiative Committee staff anticipates a comprehensive parking improvement program to be considered by the City Council in FY 2023-24.

Expenditures in General
There are several areas where staff has budgeted an increase in expenditures in the FY 2023-24 budget:
• Utility and fuel costs.
• The service contracts for information systems and technology, law enforcement dispatch, and LAFCo all have increasing fees.
• The Fire Department service contract has a 3% escalator effective October of 2023. • The cost of most materials.
• The City’s CalPERS Unfunded Actuarial Accrued Liability (UAL) is $4,476,008. The structured repayment of this UAL has historically had an escalating payment overtime; however, with the significant reduction of the City’s UAL these payments are slightly decreasing in FY 2023-24. The FY 2023-24 UAL payment is decreasing by 4.8% to $470,678. The city can realize a 5% discount by paying the full amount in July rather than submitting monthly payments.
• Employees are our greatest asset and translate tax dollars into direct service. That said, employee compensation also accounts for the greatest single expense within the budget. Total employment costs including salary, retirement, benefits, and other related expenses total $5,675,977 or 49% of the City’s current operating budget (excludes CIP) of $11,643,597. All of the City’s bargaining units’ Memorandums of Understanding (MOUs) expire on June 30, 2025 and include an annual 4% cost of living adjustment for fiscal years 2023-24 and 2024-25.

Reserve Funds
Staff has maintained all reserve fund balances in this budget after adding to each of them in the FY 2022-23 budget. The proposed general fund reserve account balances for the proposed FY 2023- 24 budget are:
• Revenue Reserve: $1,144,000 or approximately 20% of total budgeted funds • Employee Benefit Reserve: $250,000 or approximately 50% of City’s total liability • Capital Improvement Reserve: $100,000 or approximately 2% of total budgeted funds • Vehicle and Equipment Replacement Reserve: $150,000 or approximately 25% of liability • Litigation Reserve: $120,000 or 100% of annual loss claims history • Community Fund Reserve: $28,000 or 100% of Community Agency average 9 Strategic Planning
During FY 2022-23 the city undertook a stakeholder led Strategic Planning process. The result of the process included the adoption of the City’s first comprehensive Strategic Plan. This resulted in the established initiatives, goals and objectives outlined in the budget document for each department / governmental function. In addition to the routine work of the city and each department, objectives to address the initiatives within the strategic plan are presented under each department within this FY 2023-24 budget.

American Rescue Plan Act Funds
The proposed FY 2023-24 budget for discussion at the workshop does not include the appropriation of American Rescue Plan Act (ARPA) funds. The City received the second distribution of these funds in June of 2022 for a total of $777,443. These funds are restricted by federal legislation for use. The city has recognized these funds to offset lost revenues (an allowable restricted use) and they are represented in the budget within an ARPA specific fund. The use of ARPA derived funds will be recommended within the Strategic Plan objectives assigned in the final budget although the actual expenditures and related appropriations will be approved by the City Council at the time of execution or fulfillment of the objective.

Personnel Changes
The FY 2023-24 budget includes several personnel changes aimed at addressing community needs.

The existing Interim Assistant City Manager position is established in the FY 2023-24 budget. The previously identified Chief Financial Officer (CFO) is returned to the title of Finance Manager with no net change in positions. A Corporal School Resource Officer and a Fuels Reduction Equipment Operator have been added to the Police Department and Public Works respectively with the positions fully funded by the Proposition 64 grant. Lastly, an Administrative Services (Human Resources and Risk Management) Technician position has been added to help us ensure compliance with relevant standards and laws in the field as well as ensure we have capacity for customer service delivery by phone, email, and in-person at the City Hall front counter.

Putting It All Together
In totality the FY 2023-24 budget presents the largest city budget with the greatest service levels in City history. In executing on the direction of the City Council through the community’s input on the Strategic Plan, the city is poised to make significant strides to benefit those who live, work, play, and thrive in our amazing little city!
Respectfully Submitted,
Sean Grayson
City Manager
AND NOW………….ON WITH THE BUDGET!
10 CITY OF BUDGET
NEVADA CITY FY 2023-24

ORGANIZATIONAL CHART
Nevada City
Community
Members
City Clerk City Council
City Manager
General
Administration
Finance
Human
Resources
Planning Public Works
Capital
Improvement
Program
Streets &
Facilities
Water &
Wastewater
Parks and
Recreation Police Fire
Planning
Commission City Attorney
11 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

NEVADA CITY PROFILE
California's best preserved Gold Rush town, Nevada City, has a lot to offer far beyond this well-deserved distinction.

Nestled in a basin on the Western Slope of the Sierra Nevada, it is framed and protected by ridgetops and promontories. At 2,500 feet above sea level, Nevada City is surrounded by forest. Deer Creek flows through and graces the center of town.

Whenever you begin your descent into Nevada City, you can sense that you are approaching something good.

For thousands of years Nevada City and its environs were inhabited by the indigenous Nisenan. It was first settled by outside influences from the Gold Rush in 1849. At times it was referred to as "Nevada" and at others as "Nevada City." Eventually the word "City" was permanently added to avoid confusion with her neighbor, the state of Nevada.

Steeped in history, this full-service city of over 3,000 people has seen its ups and downs. With the diminution of gold mining and timber harvesting, plus the slice that the Golden State Freeway took out of the core of the city in the 1960s, city leaders looked to historic preservation as the path into the future. Creating its own historical district in 1968 has led to a slow but steady increase in visitors and vitality as well as designation on the National Register of Historic Places.

Today Nevada City once again has significant economic, cultural, and social substance. It is the county seat, headquarters of the Tahoe National Forest, and the site of an eclectic and diverse group of businesses. Fine restaurants, bars, overnight accommodations, two wineries, a Railroad Museum, Firehouse Museum, the Miners Foundry Cultural Center and the Nevada Theatre are all noteworthy, alive and well.

The City hosts more than 20 large scale parades, event and festivals annually including the largest Constitution Day Parade west of the Mississippi River and the long standing Victorian Christmas events comprising 5 nights of activities that sees the entire historical district opened exclusively for the event. The Nevada City Film Festival and the South Yuba River Citizens League's (SYRCL's) Wild and Scenic Environmental Film Festival call it home, along with a bevy of environmental and nonprofit groups that are headquartered here. KVMR community radio is in its fifth decade and has increased its budget, reach and popularity dramatically over time. Nevada County Media, a community programming television station covering local government and community items of relevance, is spreading its wings as well.

The Nevada City School District serves students grades K-8 and two charter schools serve students grade K-12 on two unique campuses. Student test scores are among the highest in the state. The teachers are dedicated, qualified, and solidly backed by parents committed to their children's education. Beyond routine educational offerings, Nevada City is home to California College of Ayurveda, the first and longest running state approved Ayurvedic Education Program in California.

On their government campus, the County of Nevada operates the Madelyn Helling County Library. The County also operates the Doris Foley Library for Historical Research in the City owned Carnegie Library in the Historic Downtown. The Nevada County Historical Society hosts the Searls Historical Library in the City and offers historical education to the public from the owned Railroad Museum and Historic Firehouse No. 1.

Long-time residents and newcomers together represent a wide spectrum of interests and perspectives. Their city's smalltown qualities, character and sense of community are clear. As someone once said, beyond all the wonderful things in and around Nevada City, the best part is that "there is still a ‘there' here." 12 CITY OF

NEVADA CITY

POPULATION
Total Population:

Growth Rate:

Average Household Size:

Median Age:

Average Household Income:

HOUSING
Number of Dwelling Units
Owner Occupied:

Renter Occupied:

Median Home Price:

Median Rental Rate:

BUSINESS
Top 25 Sales Tax Producers in 2022 (alphabetical order) ●49er Communications
●Alexanders Station Steakhouse & Event Center
●Bonanza Market
●California Organics
●Chevron
●Crazy Horse Saloon & Grill
●Electrical Design Technology
●Elevation 2477
●Ferrellgas
●Friar Tucks Restaurant & Bar
●Fur Traders
●Heartwood
●Napa Auto Parts
●National Exchange Hotel
●Nevada City Gas
●Northridge Inn
●Outlaw Foods
●Pizza Joint
●Plaza Tire & Auto Service
●Robinson Enterprises
●Sopa Thai Cuisine
55%
$481,800
$1,324
1,667
45%
3,152

2.6%

2.0 59.2
$53,534
BUDGET
FY 2023-24

DEMOGRAPHIC OVERVIEW
13 CITY OF

NEVADA CITY
Top 25 Sales Tax Producers in 2022 (alphabetical order), cont ●SPD Market
●Telestream
●Three Forks Bakery & Brewing Company
●Tour Of Nevada City Bicycle Shop

EDUCATION
High School or Equivalent Degree:

Some College - No Degree
Associate's Degree:

Bachelor's Degree:

Graduate or Professional Degree:

21.0%

15.5%

20.7%
Information has been collected from sources deemed reliable including: US Census, Nevada City Chamber of Commerce, and City, State, and County data.

16.2%

26.6%
BUDGET
FY 2023-24

DEMOGRAPHIC OVERVIEW
14 CITY OF

NEVADA CITY
Department FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Actual
FY 23-24
Proposed

CITY COUNCIL
Council Member 5.0 5.0 5.0 5.0 5.0
TOTAL 5.0 5.0 5.0 5.0 5.0

CITY MANAGER
City Manager 1.0 1.0 1.0 1.0 1.0
Community Outreach Officer - - - - 1.0
TOTAL 1.0 1.0 1.0 1.0 2.0

CITY CLERK
City Clerk (Elected position) 1.0 1.0 1.0 1.0 1.0
TOTAL 1.0 1.0 1.0 1.0 1.0

CITY TREASURER
City Treasurer (Treasurer no longer elected) 1.0 1.0 1.0 - - TOTAL 1.0 1.0 1.0 - -

FINANCE AND ADMINISTRATION
Assistant City Manager - - - - 1.0
Chief Financial Officer 1.0 1.0 1.0 1.0 -
Finance Manager 1.0 1.0 1.0 - 1.0
Administrative Service Manager/Deputy City Clerk 1.0 1.0 1.0 1.0 1.0 Accounting Technician 1.0 1.0 1.0 1.0 1.0
Human Resources/Risk Management Technician - - - - 1.0
Customer Service Representative 1.0 1.0 1.0 1.0 1.0
TOTAL 5.0 5.0 5.0 4.0 6.0
BUDGET
FY 2023-24

PERSONNEL SUMMARY BY DEPARTMENT
15 CITY OF

NEVADA CITY
Department FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Actual
FY 23-24
Proposed

FIRE DEPARTMENT
Division Fire Chief 1.0 1.0 1.0 1.0 1.0
TOTAL 1.0 1.0 1.0 1.0 1.0

POLICE DEPARTMENT
Police Chief 1.0 1.0 1.0 1.0 1.0
Police Lieutenant 1.0 1.0 1.0 1.0 1.0
Sergeant 2.0 2.0 2.0 2.0 2.0
Corporal/School Resource Officer - - - - 1.0
Police Officer 8.0 8.0 8.0 8.0 8.0
Records Clerk 1.0 1.0 1.0 1.0 1.0
Code Compliance Officer 2.0 2.0 2.0 2.0 1.0
Parking Enforcement Officer - - - 1.0 1.0
TOTAL 15.0 15.0 15.0 16.0 16.0

PLANNING
City Planner 1.0 1.0 1.0 1.0 1.0
TOTAL 1.0 1.0 1.0 1.0 1.0

ENGINEERING AND PUBLIC WORKS
City Engineer/Public Works Director 1.0 1.0 1.0 1.0 1.0 Public Works Superintendent 0.5 0.5 0.5 0.5 0.5
Fuels Reduction Equipment Operator - - - - 1.0
Senior Maintenance Worker 1.0 1.0 1.0 1.0 1.0
Maintenance Worker II 0.5 0.5 0.5 1.5 1.5
Maintenance Worker I 2.0 2.0 2.0 1.0 1.0
TOTAL 5.0 5.0 5.0 5.0 6.0
BUDGET
FY 2023-24

PERSONNEL SUMMARY BY DEPARTMENT
16 CITY OF

NEVADA CITY
Department FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Actual
FY 23-24
Proposed

PARKS AND RECREATION
Parks and Recreation Manager 1.0 1.0 1.0 1.0 1.0
TOTAL 1.0 1.0 1.0 1.0 1.0

WATER AND WASTEWATER
Chief Plant Operator 1.0 1.0 1.0 1.0 1.0
Public Works Superintendent 0.5 0.5 0.5 0.5 0.5
Wastewater/Water Operator II 2.0 2.0 2.0 3.0 3.0
Wastewater/Water Operator-In-Training 2.0 2.0 2.0 1.0 1.0 Maintenance Worker II 0.5 0.5 0.5 1.5 1.5
Maintenance Worker I 2.0 2.0 2.0 1.0 1.0
TOTAL 8.0 8.0 8.0 8.0 8.0
TOTAL BUDGETED POSITIONS 44.0 44.0 44.0 43.0 47.0
BUDGET
FY 2023-24

PERSONNEL SUMMARY BY DEPARTMENT
17 CITY OF

NEVADA CITY

PERSONNEL SUMMARY BY DEPARTMENT
BUDGET
FY 2023-24
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Actual
FY 23-24
Proposed

CITY COUNCIL

CITY MANAGER

CITY CLERK

FINANCE AND ADMINISTRATION

FIRE DEPARTMENT

POLICE DEPARTMENT

PLANNING

ENGINEERING AND PUBLIC WORKS
18 CITY OF

NEVADA CITY
Add: Remove:

Community Outreach Officer 1.0 Chief Financial Officer 1.0 Assistant City Manager 1.0
Finance Manager 1.0
Human Resources/Risk Management Technician 1.0
Fuels Reduction Equipment Operator 1.0
Total 5.0 Total 1.0
BUDGET
FY 2023-24

PERSONNEL SUMMARY BY DEPARTMENT
RECAP OF POSITION CHANGES FOR FY 2023-24
19 CITY OF BUDGET
NEVADA CITY FY 2023-24

BUDGET PREPARATION TIMELINE
April 3, 2023 Budget packets distributed to Department Heads.

Departments submit work programs and completed budget packets to the Interim Assistant City Manager and City Manager for review. April 7, 2023 Finance prepares 1st draft of Proposed Operating Budget based on department requests. Finance and Public Works prepares 1st draft of Proposed Five-Year Capital Improvement Program (CIP).

April 10 - April 14, 2023
City Manager and Finance Director conduct budget review sessions with each department. Capital Improvement Projects are reviewed with the Infrastructure Committee.

April 17 - April 21, 2023
May 3, 2023 Budget Workshop with City Council and Department Heads.

Finance prepares 2nd draft of Proposed Operating Budget incorporating results of departmental meetings. Finance and Public Works prepares 2nd draft of Proposed Five-Year CIP.

April 24 - April 28, 2023
Finance prepares 3rd draft of Proposed Operating Budget incorporating results of budget workshop. Finance and Public Works prepares 3rd draft of Proposed Five-Year CIP.

May 4 - June 2, 2023
Operating Budget and Five-Year Capital Improvement Program adopted by City Council. June 14, 2023
20 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

BUDGETARY PROCESS AND OTHER MANAGEMENT INFORMATION
One objective of the budget process is to allocate financial resources to various work activities over a specified period of time for the City of Nevada City. This time period is the City’s fiscal year, which begins on July 1 and ends the following June 30. Another objective of the budget process is to review the prior year’s departmental performance measures and modify them as appropriate. The preparation of the budget document begins in December – seven months before it is put into operation.

Beginning in December, each department assesses its current activities, updates performance measures, and reviews its spending records provided through the City’s accounting system. This information is used as a base for developing the following year’s plan. Program managers confer with their department directors to develop a work plan and to estimate necessary financing. Revenue estimates are developed by the Finance Department, along with other departments that generate fees and/or charges. In March, the departments’ work programs and justifications for proposed expenditures are presented to the City Manager for review.

Throughout March and April, the Finance Department and the City Manager work with departments to gather all budgetary information. The City Manager’s recommendations are then incorporated into the proposed budget document. The draft working budget is submitted to the City Council by early May as a matter of practice. After the Mayor and Council Members have reviewed the draft working budget, the City Manager, Finance Department staff, and Department Directors participate in formally presenting the budget to the City Council and the citizens of Nevada City at the annual budget workshop held in May. Budget adoption is usually scheduled for the first Council meeting in June. Budget documents are available to the general public and the citizens of Nevada City on the Internet and in the City Clerk’s office.

Following the budget workshop, Mayor and City Council comments are incorporated into the proposed budget.

The final proposed budget is then brought back to the Mayor and City Council for adoption at the first regularly scheduled City Council meeting in June.

City departments are required to monitor their budgets and spend only amounts allocated by the Mayor and City Council. However, during the year, unforeseen costs may arise which cannot be accommodated within the original adopted budget. For these circumstances, the City Manager may recommend budget modifications to the Mayor and City Council for consideration. At any meeting after the adoption of the budget, appropriations may be modified and/or transferred by a majority vote of the City Council.

THE BUDGET PROCESS
21 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

THE CAPITAL IMPROVEMENT BUDGET

BASIS OF ACCOUNTING AND BUDGETING

BUDGETARY PROCESS AND OTHER MANAGEMENT INFORMATION
The separate Five-Year Capital Improvement Program (CIP) for FY 2024-28 is presented to the Mayor and City Council as part of the budget process. The Five-Year CIP is the first step in planning beyond the one-year horizon that traditionally is used in budgeting processes. In essence, it forces an assessment of longer-term needs that will ultimately address the community’s needs. It provides the impetus for planning the use of resources over an extended period of time, often a need due to the requirement to use multiple years of funding to accomplish large project goals. The Five-Year CIP process encourages the development of a philosophy of planning for, and then checking the status of the plan – thus establishing accountability on the part of project managers. The Five-Year CIP process essentially results in a “what gets approved by the Council, gets measured, gets done” approach to timely and cost-effective project completion. The first year CIP funding recommendations are included in this adopted budget.

Annual budgets are legally adopted for all General, Special Revenue, Capital Projects, and Enterprise funds on a basis consistent with generally accepted accounting principles.

With the exception of government-wide financial statements prepared in accordance with GASB 34, the City uses the modified-accrual basis for accounting and budgeting of Governmental Fund types which are: General, Special Revenue, and Capital Projects Funds. Under the modified-accrual basis of accounting, revenues are recognized in the accounting period in which they become available and measurable. Those revenues treated as susceptible to accrual primarily consist of taxes, interest, and grant revenues for which reimbursement requests are expenditure driven. Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable.

In all presentations, the City uses the accrual basis for accounting and budgeting of its Proprietary Fund type, which is an Enterprise Fund. Revenues are recognized when earned, and expenses are recognized when incurred.

DEBT MANAGEMENT
As a general law city, the City of Nevada City cannot incur general obligation bonded indebtedness which exceeds 15% of total assessed valuation of all real and personal property within the City. The City of Nevada City currently has no general obligation indebtedness.
22 CITY OF

NEVADA CITY
$ 700,865,242
Legal debt margin
Percentage of legal debt limit authorized
BUDGET
FY 2023-24

BUDGETARY PROCESS AND OTHER MANAGEMENT INFORMATION

LEGAL DEBT MARGIN
Based on the estimated Fiscal Year 2023-241assessed value of real and personal property within the City of Nevada City, the legal debt margin is calculated as follows.

Total assessed value of all real and personal property
Legal debt limit - 15% of total assessed valuation 2
Amount of debt applicable to limit

GANN LIMIT
Pursuant to Article XIIIB of the California Constitution (known as the Gann Limit), the City must compute an annual appropriations limit. In June 1990 the California voters approved Proposition 111, which amended Article XIIIB and provided for a greater selection of factors used in determining annual adjustments to the limit.

The factors used include the change in the California per capita personal income combined with the change in population of the jurisdiction’s county or the change in the population of the City; whichever is higher. The calculation using these new factors began with the base year of Fiscal Year 1987-88, as provided for in the Proposition 111 amendments.

The City’s appropriations limit for Fiscal Year 2023-24 is established at $6,184,002.94, a 7.2% increase over Fiscal Year 2022-23. The City’s eligible appropriations for Fiscal Year 2023-24 are approximately $4.1 million, substantially under the limit of $6.2 million. Additional appropriations to the budget funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the appropriations limit. However, any supplemental appropriations funded through increased tax sources would be subject to the appropriations limit. The City has never exceeded the limit and voter approval to expend the monies was received.
2 Legal debt limit set by Government Code.
$ 105,129,786
$ -
$ 105,129,786
0%
1 Assumes growth in assessed valuation of 2.0% versus Fiscal Year 2022-23. 23 CITY OF

NEVADA CITY

FUND TYPE
General FUND
Special Revenue
Capital Projects General FUNCTION/PROGRAM
Enterprise Gas Tax
Measure M General Government DEPT/DIVISION
Water Public Safety
Community Dev. City Council CATEGORY
Public Works City Manager
Parks & Recreation City Attorney Personnel ACCOUNT
Police Dept. Maint. & Operations
Public Works Capital Outlay Retirement
Printing
Fixed Assets
BUDGET
FY 2023-24

BUDGET ACCOUNT STRUCTURE
As illustrated below, the City's highest level of reporting is Fund Type. For budgeting purposes, the City uses four (4) Fund Types. Included in each Fund Type may be several Funds - the next level of reporting. For example, the Special Revenue Fund Type includes thirty-two (32) funds of which only three are reflected below. Each Fund has at least one subordinate level, designated as a Function of government (e.g., Public Safety), and within each Function there is a minimum of one Department/Division (e.g., Police Department).

The number of Departments within a Fund, as well as the number of subordinate levels of Divisions within a Department depends on the management control needed to effectively monitor expenditures. Divisions assist management and citizenry in assessing the cost of providing a service. Finally, similar expenditure types are grouped at the Category level. For example, salaries and benefits are grouped together in the Category level as "Personnel"; office supplies, printing and advertising, equipment maintenance, etc., are grouped together in the Category level "Maintenance & Operations".

Using General as the Fund Type, the following is an example of the flow of reporting from the highest level of budget reporting (Fund Type) to the lowest or most detailed level of budget reporting (Account). 24 CITY OF

NEVADA CITY
Parks and Recreation Quimby Fund - Accounts for revenues received and expenditures made related to developers who choose to remit fees in-lieu of dedication of land for park and recreation purposes in residential subdivisions.

Donation Projects Fund - Accounts for revenues received and expenditures made related to donations from private citizens and organizations for various City projects.

Department of Transportation Local Partnership Program Fund - Accounts for revenues received and expenditures made for transportation improvements. Financing is provided by the California Transportation Commission to agencies in which voters have approved fees or taxes dedicated solely to transportation improvements or that have imposed fees, including uniform developer fees, dedicated solely to transportation improvements [as defined by Government Code Section 8879.67(b)].

Highway Bridge Program Grant Fund - Accounts for revenues received and expenditures made for the replacement or rehabilitation of public highway bridges over waterways, other topographical barriers, other highways, or railroads when the State and the Federal Highway Administration determine that a bridge is significantly important and qualifies under the HBP program Guidelines.

SPECIAL REVENUE FUNDS
AB 1600 Fund - Accounts for revenues received and expenditures made related to Development Impact Fees charged by the City to an applicant in connection with approval of a development project.

BUDGET
FY 2023-24

CLASSIFICATION OF FUNDS

GENERAL FUND
The accounts of the City are organized on the basis of funds. A fund is defined as an independent fiscal and accounting entity with a self-balancing set of accounts recording resources, together with all related liabilities, obligations, and equities, which are segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations. The City currently uses the following funds:

The General Fund is used to account for the financial resources and expenditures associated with most City operations where revenue is not required to be recorded in a separate fund. Revenues collected in the General Fund are not restricted as to the program or purpose they may be spent upon. They are derived primarily from taxes which account for approximately 78% of all General Fund revenues. Other General Fund revenue sources include licenses and permits, fines and forfeitures, use of money and property, intergovernmental revenues, charges for services, and other miscellaneous revenues. 25 CITY OF

NEVADA CITY
Gas Tax Fund - Accounts for revenues received and expenditures made for general street maintenance.

Financing is provided by the City’s share of state gasoline taxes collected under the Street and Highway Code, Sections 2103, 2105, 2106, 2107 and 2107.5. Sections 2103, 2105, 2106, and 2107 revenue can be used for street maintenance and construction, while Section 2107.5 revenue is restricted to street engineering activities.

CLASSIFICATION OF FUNDS
Regional Traffic Mitigation Fund - Accounts for revenues received and expenditures made for engineering and design costs, environmental documentation, right-of-way acquisition, construction, construction management, and administrative costs related to the regional system of roads, streets, and highways within Nevada City. Financing is provided by the Nevada County Transportation Commission.

Federal Emergency Management Agency (FEMA) Fund - Accounts for revenues received and expenditures made related to FEMA monies used for disaster assistance.

Traffic Congestion Relief Fund - Accounts for revenues received and expenditures made for street and highway pavement maintenance/rehabilitation and reconstruction of necessary associated facilities such as drainage and traffic control devices. SB 1 states “as of June 30, 2017, projects in section 14556.4 for the Traffic Congestion Relief Program shall be deemed complete and final, and funding levels shall be based on actual amounts requested by the designated lead applicant pursuant to section 14556.12.” Indian Trails Fund - Accounts for revenues received and expenditures made related to the Indian Trails Subdivision.

BUDGET
FY 2023-24
Public Safety Power Shutoff (PSPS) Grant Fund - Accounts for revenues received and expenditures made to procure fixed, long-term emergency electrical generation equipment, and develop continuity plans, risk assessments for critical infrastructure, post event reports, public education materials, or supplies to prepare for electric disruption. Financing provided by the California Office of Emergency Services (Cal OES).

Land Water Conservation Fund - Accounts for revenues received and expenditures made for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Financing provided by the California Department of Parks and Recreation.

Little Deer Creek Fund - Accounts for revenues received and expenditures made to restore a section of Little Deer Creek and provide flood mitigation in the lower filed at Pioneer Park. The project is funded by an Urban Streams Program grant awarded by the California Department of Water Resources.

Congestion Mitigation and Air Quality (CMAQ) Fund - Accounts for revenues received and expenditures made for transportation projects and programs which contribute to the attainment or maintenance of National Ambient Air Quality Standards (NAAQS) in nonattainment or air quality maintenance areas for ozone, carbon monoxide, or particulate matter (PM) under provisions in the Clean Air Act (Title 42, United States Code).

Financing is provided by the California Department of Transportation. 26 CITY OF

NEVADA CITY
Tax - Fire Department Fund - Accounts for revenues received and expenditures made pertaining to a $6 special parcel tax for fire protection services approved by the voters on November 4, 1986. 2003 Fire Tax Fund - Accounts for revenues received and expenditures made pertaining to a $12 special parcel tax for fire protection services approved by the voters as Measure K on November 5, 2002.

Mathivet Fund - Accounts for revenues received and expenditures made related to a donation from the Mathivet family.

Measure L Fund - Accounts for revenues received and expenditures made related to Measure L.

Measure C Fund - Accounts for revenues received and expenditures made related to the Measure C 0.375 percent sales tax to fund police and fire safety services.

CABY Miscellaneous Agency Fund - Accounts for revenues received and expenditures made for Cosumnes, American, Bear, and Yuba River (CABY) Proposition 84 Integrated Regional Water Management (IRWM) Grant projects. Funding is provided by the California Department of Water Resources.

Proposition 172 Fund - Accounts for revenues received and expenditures made for public safety services such as police and fire. This voter approved one-half cent sales tax is apportioned by the County of Nevada to local agencies based on an agency’s proportionate share of net property tax loss due to the State of California's Education Revenue Augmentation Fund (ERAF).

Supplemental Law Enforcement Fund - Accounts for various law enforcement revenues received and expenditures made for certain law enforcement and crime prevention expenditures in the Police Department.

Financing is provided by the State of California’s Citizens Options for Public Safety (COPS) program and the Regional Narcotics Suppression Program.

Community Development Block Grant (CDBG) Fund - Accounts for revenues received and expenditures made for Community Development Block Grant eligible grants and capital projects. Financing is provided by the U.S. Department of Housing and Urban Development.

Brownfields EPA Fund - Accounts for revenues received and expenditures made for a brownfields cleanup grant to clean up the Providence Mine Mining Features Area located on Providence Mine Road and to support community outreach. Funding provided by the United States Environmental Protection Agency (EPA).

CLASSIFICATION OF FUNDS
FY 2023-24
Recreational Trails Program (RTP) Grant Fund - Accounts for revenues received and expenditures made to develop non-motorized recreational trails and trails-related facilities. Financing is provided by the California Department of Parks and Recreation.

BUDGET
27 CITY OF

NEVADA CITY
Sewer - AB 1600 Fund - Accounts for revenues received and expenditures made related to Development Impact Fees charged by the City to an applicant in connection with approval of a development project.

BUDGET
FY 2023-24

CLASSIFICATION OF FUNDS
Water Fund - Accounts for revenues received and expenditures made related to the City's water operations and capital improvements.

Water - AB 1600 Fund - Accounts for revenues received and expenditures made related to Development Impact Fees charged by the City to an applicant in connection with approval of a development project.

Sewer Fund - Accounts for revenues received and expenditures made related to the City's wastewater operations and capital improvements.

Proposition 64 Fund - Accounts for revenues received and expenditures made related to local governments that assist with law enforcement, fire protection, or other local programming to address public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act.

Funding is provided by the California Board of State and Community Corrections.

Proposition 68 Fund - Accounts for revenues received and expenditures made for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. Funding is provided by the California Department of Parks and Recreation.

Becker Fund - Accounts for revenues received and expenditures made to advance the humane care of animals. Funding was provided by a donation from Ms. Beatie Becker.

Permanent Local Housing Allocation Program Fund - Accounts for revenues received and expenditures made to local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Funding is provided by the California Department of Housing and Urban Development.

American Rescue and Recovery Act (ARPA) Fund - Accounts for revenues received and expenditures made for ARPA funded activities and projects.

Measure M Fund - Accounts for revenues received and expenditures made related to the Measure M 0.5 percent sales tax to fund improvements and maintenance of Nevada City’s streets, sidewalks, pathways, drainage, water distribution, and sewer collection systems and for no other purposes. 28 CITY OF

NEVADA CITY

CAPITAL PROJECTS FUND
The City Capital Projects Fund accounts for expenditures relating to the City’s individual capital projects. It is used to account for capital improvements such as the construction, repair, and upgrade of City facilities; streets; storm drains; sewers; and park facilities.

BUDGET
FY 2023-24

CLASSIFICATION OF FUNDS
29 CITY OF

NEVADA CITY
Basis of Accounting/Budgeting. A term used to refer to when revenues, expenditures, expenses and transfers – and the related assets and liabilities – are recognized in the accounts and reported in the financial statements.

Budget. A plan of financial and program operation which lists appropriations and the means of financing them for a given time period.

Budgetary Control. The control or management of a government or enterprise in accordance with an approved budget for the purpose of keeping expenditures within the limitations of available appropriations and revenues.

BUDGET
FY 2023-24

GLOSSARY OF BUDGET TERMS
Accountability. The state of being obliged to explain one’s actions, to justify what one does. Accountability requires governments to answer to the citizenry -- to justify the raising of public resources and the purposes for which they are used.

Accrual Basis. Revenues are recognized when earned, and expenses are recognized when incurred.

Appropriated Budget. The expenditure authority created by the appropriation bills or ordinances, which are signed into law, and the related estimated revenues. The appropriated budget would include all reserves, transfers, allocations, supplemental appropriations, and other legally authorized legislative and executive changes.

Appropriation. Amount of money budgeted for a given program. Appropriations do not mean the money will be fully expended, but are the means by which legal authority is given to expend public monies.

Assets. Property which has monetary value and is owned by a government.

Audit. A systematic examination of resource utilization concluding in a written report. It is a test of management’s internal accounting controls and is intended to: (1) ascertain whether financial statements fairly present financial position and results of operations; (2) test whether transactions have been legally performed; (3) identify areas for possible improvements in accounting practices and procedures; (4) ascertain whether transactions have been recorded accurately and consistently; and (5) ascertain the stewardship of officials responsible for governmental resources.

Budget Adoption. Formal adoption by the City Council which sets the spending path for the year.

Budget Calendar. The schedule of key dates or milestones that a government follows in the preparation and adoption of the budget.

Balanced Budget. A budget in which available resources exceed or equal expenditures. 30 CITY OF

NEVADA CITY
Capital Improvements. New, replacement, or improved infrastructure which has a minimum life expectancy of five years and a minimum expense of $5,000. However, some capital projects fall outside this definition, for example: one-time expenditures for initial studies that are associated with other capital improvement projects.

Capital Outlay. A budget category which accounts for all furniture and equipment having a unit cost of $500 or more and a useful life of more than one year. (See “Expenditure Categories”.) Category. A summary of account detail within the budget account structure level. For example, salaries and benefits are grouped together in the Category level as "Personnel"; office supplies, printing, equipment maintenance, etc., are grouped together in the Category level "Maintenance & Operations".

Charges for Services. Fees imposed upon users of services provided by the City.

Continuing Appropriation. An appropriation that, once established, is automatically renewed without further legislative action, period after period, until altered or revoked.

Contingency. A budgetary reserve set aside for emergencies or unanticipated expenditure and/or revenue shortfalls.
insurance, retirement contributions, and other benefits. ● Maintenance and Operations. Supplies and other materials/services used in the normal operations of City departments. Includes items such as books, chemicals and construction materials, consultant contracts, printing, travel, and utilities.

Expenditures. Expenditures include current operating expenses which require the current or future use of net current assets, service and capital outlays.

Expenditure Categories. The individual expenditure accounts used to record each type of expenditure are categorized into groups of similar types. For budgeting purposes, objects of expenditure are categorized into groups of similar types of expenditures called major categories of expenditure. The principal objects of expenditure used in the budget are:
● Personnel. Salaries and fringe benefits paid to City employees. Includes items such as health/dental Depreciation. Expiration in the service life of capital assets attributable to wear and tear, deterioration, action of physical elements, inadequacy, or obsolescence.

FY 2023-24

GLOSSARY OF BUDGET TERMS
BUDGET
Department. An organizational unit comprised of divisions. Each department is managed by a single director.

Encumbrances. Financial commitments related to unperformed services or contracts for goods for which part of an appropriation has been reserved.
31 CITY OF

NEVADA CITY
Function. A group of related activities aimed at accomplishing a major service or regulatory program for which a government is responsible (e.g., public safety).

Fund. An independent fiscal and accounting term used to record all financial transactions related to the specific purpose for which the fund was created.

Fund Balance. The amount of financial resources available for use. Generally, this represents a summary of all the annual operating surpluses and deficits since the fund’s inception.

Fines and Forfeitures. Revenue collected by the City from the issuance of misdemeanor and infraction citations which are the result of vehicle code traffic violations and municipal code parking violations.

Franchise. A special privilege granted by a government permitting the continuing use of public property, such as City streets, and usually involving the elements of monopoly and regulation.

BUDGET
FY 2023-24
Fiscal Year. A twelve-month period of time used for budgeting, accounting, or tax collection purposes which may differ from a calendar year. Nevada City operates on a July 1 to June 30 fiscal year.

Fixed Assets. Assets of a long-term nature such as land, buildings, machinery, furniture, and other equipment. The City has defined such assets as those with an expected life in excess of one year and an acquisition cost in excess of $5,000.

General Fund. The primary fund of the City used to account for all revenues and expenditures of the City not legally restricted as to use.

Fund Type. The highest level in the City’s budget account structure. The level includes General, Special Revenue, Capital Projects, and Enterprise. Included in each Fund Type may be several funds.

Gann Limit. A California ballot initiative adopted in 1980, and modified by Proposition 111 which passed in 1990, to limit the amount of tax proceeds state and local governments can spend each year. It now appears in California’s State Constitution as Article XIIIB.

GLOSSARY OF BUDGET TERMS
an estimated useful life of more than one year. This includes furniture, automobiles, machinery, equipmen ● Capital Outlay. A budget category which budgets all equipment having a unit cost of more than $500 and and other types of fixed assets.

Expenses. Decreases in net total assets. Expenses represent total cost of operations during a period, regardless of the timing of related expenditures.

Fee. The payment for direct receipt of a public service by the party who benefits from the service. 32 CITY OF

NEVADA CITY
Interfund Transfers. Transfers are classified into residual equity transfers and operating transfers. Residual equity transfers are non-recurring or non-routine transfers of equity between funds. Operating transfers reflect ongoing operating subsidies between funds. An example of an operating transfer is when the General Fund would report its annual subsidy to fund capital improvements in the Capital Projects Fund.

Internal Service Fund. A fund used to account for the financing of goods or services provided by one department or agency to the other departments or agencies of a government, or to other governments, on a cost-reimbursement basis.

Licenses and Permits. Fees charged to recover the costs of regulating certain activities in the interest of the overall community. The fee may not exceed the actual cost and often does not fully recover regulatory costs. (e.g., building permits, encroachment permits, grading permits).

Maintenance and Operations. A budget category which accounts for all the supplies, goods, and services required to support a program or activity. (See “Expenditure Categories”.) Governmental Fund Types. Funds used to account for the acquisition, use and balances of expendable financial resources and the related current liabilities -- except those accounted for in proprietary funds and fiduciary funds. In essence, these funds are accounting segregations of financial resources.

Grant. Contributions or gifts of cash or other assets from another governmental or private entity to be used or expended for a specific purpose, activity, or facility.

Impact Fees. Fees charged to developers to cover, in whole or in part, the anticipated cost of improvements that will be necessary as a result of the development (e.g., parks, sidewalks).

Intergovernmental Revenue. Funding from Federal, State, and local grants and revenue sharing programs.

BUDGET
FY 2023-24

GLOSSARY OF BUDGET TERMS
Internal Control. A plan of organization for purchasing, accounting and other financial activities which, among other things, provides that: (1) the duties of employees are subdivided so that no single employee handles a financial action from beginning to end; (2) proper authorizations from specific responsible officials are obtained before key steps in the processing of a transaction are completed; and, (3) records and procedures are arranged appropriately to facilitate safekeeping and effective control.

Infrastructure. Facilities on which the continuance and growth of a community depend, such as roads, water lines, sewers, public buildings, parks, and so forth.

In-Lieu Tax. Tax levied in place of another tax or taxes. The State of California provides in-lieu motor vehicle fees to local governments to compensate for local personal property, not subject to property tax. 33 CITY OF

NEVADA CITY
Proposition 13. Enacted as Article XIIIA of the California Constitution. Initiative constitutional amendment approved in the June 1978 ballot which imposes a 1% limit on property taxes, various assessment restrictions, and limitations on the levy of new taxes.

Quimby Act In-Lieu Fees. Authorized under the 1975 Quimby Act of the California Government Code Section 66477, AB 1600 (Section 66025 of the California Government Code), these payments from developers are fees in-lieu of dedication of land for park and recreation purposes in residential subdivisions.

Operating Budget. A financial, programmatic, and organization plan for furthering the goals of the City Council through the City departments, which does not include one-time capital improvement projects.

Ordinance. A formal legislative enactment by the City Council. An ordinance has the full force and effect of law within the City boundaries, unless it is in conflict with any higher form of law, such as a State statute or constitutional provision. An ordinance has a higher legal standing than a resolution.

Personnel. Budget category used to denote salaries and all personnel associated benefits. (See “Expenditure Categories”.)
Municipal Code. A book that contains the City Council approved ordinances currently in effect. The Municipal Code defines City policy. The Municipal Code contains the “laws” of the City.

Obligations. Amounts a government may be required legally to meet out of its resources. They include not only actual liabilities, but also unliquidated encumbrances.

Measurement Focus. The accounting convention that determines (1) which assets and which liabilities are included on a government’s balance sheet and where they are reported in therein, and (2) whether an operating statement presents information on the flow of financial resources (revenues and expenditures) or information on the flow of economic resources (revenues and expenses).

Modified Accrual Basis. The accrual basis of accounting adapted to the governmental fund-type measurement focus. Under it, revenues and other financial resource increments (e.g., bond issue proceeds) are recognized when they become susceptible to accrual, meaning that is when they become both “measurable” and “available to finance expenditures of the current period.” “Available” means collectible in the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures are recognized when the fund liability is incurred except for (1) inventories of materials and supplies that may be considered expenditures either when purchased or when used, and (2) prepaid insurance and similar items that may be considered expenditures either when paid for or when consumed.

Municipal. In its broadest sense, an adjective denoting the State and all subordinate units of government. In a more restricted sense, an adjective denoting a city or village as opposed to other local governments.

BUDGET
FY 2023-24

GLOSSARY OF BUDGET TERMS
34 CITY OF

NEVADA CITY
Transient Occupancy Tax. A tax levied on lodging rentals (e.g., hotels, motels) where occupancy is less than 30 days and paid by the lodger.

Use of Money and Property. Funds include interest earned on the City’s investment portfolio, rental income, and fees collected for other uses of City properties (e.g., for the privilege of using the City’s rights-of-way).

Revenue. Amount received for taxes, fees, permits, licenses, interest, use of property, and intergovernmental sources during the fiscal year.

Resolution. A special order of the City Council, which requires less legal formality than an ordinance, in terms of public notice, and the number of public readings prior to approval. A resolution has lower legal standing than an ordinance.

BUDGET
FY 2023-24

GLOSSARY OF BUDGET TERMS
Special Revenue Funds. These funds are separately administered because revenues are restricted by the State of California, the Federal government, or other governmental agencies as to how the City may spend them.

Statute. A written law enacted by a duly organized and constituted legislative body.

Subventions. Revenue collected by the State (or other level of government), which are allocated to the City on a formula basis. The major subventions received by the City, from the State of California, include motor vehicle in-lieu, gasoline taxes, and homeowner’s property tax exemptions.

Taxes. Compulsory charges levied by a government to finance services performed for the common benefit.

This term does not include specific charges made against particular persons or property for current or permanent benefits, such as special assessments. Neither does the term include charges for services rendered only to those paying such charges (e.g., Senior Center class registration fees). 35 CITY OF

NEVADA CITY
Fund
Est. Fund
Balance
July 1, 2023
Proposed
Revenues
FY 23-24
Proposed
Appropriations
FY 23-24
Transfers
In
Transfers
Out
Est. Fund
Balance
June 30, 2024
General Fund 4,219,722 6,319,821 6,294,880 - 542,864 3,701,799 Capital Projects Fund - - 8,586,884 8,586,884 - -
AB 1600 155,226 - - - - 155,226
P&R Quimby 6,479 - - - - 6,479
Donation Projects 6,034 - - - - 6,034
Dept. of Transportation LPP 300,000 - - - 300,000 -
HBP Grant (220,999) 5,752,500 - - 5,531,501 -
Gas Tax 359,425 197,318 - - 500,000 56,743
NCTC Streets & Roads - - - - - -
NCTC Local Transportation - - - - - -
CMAQ 22,071 701,070 - - 701,070 22,071
Traffic Congestion Relief 11,039 - - - - 11,039
Regional Traffic Mitigation 26,861 26,861 - - - 53,722
FEMA (744,250) 744,250 - - - -
Indian Trails 46,387 - - - 46,387
PSPS Grant 37,706 - - - 37,706
Land Water Conservation 25,020 - - - 25,020
Little Deer Creek 18,154 - - - 18,154
Brownsfield EPA (325) - - - (325)
Tax - Fire Department 54,429 18,635 - - 73,064
2003 Fire Tax 148,252 35,900 - - 184,152
CDBG (14,529) - - - (14,529)
RTP Grant (17,482) 219,000 - - 219,000 (17,482)
CABY Misc. Agency 205,353 - - - - 205,353
Proposition 172 (2,532) 40,000 - - - 37,468
MATHIVET 11,854 - - - - 11,854
Suppl. Law Enforcement 416,345 100,000 100,000 - - 416,345 Measure L 684 - - - - 684
Measure C 486,200 688,795 930,669 - - 244,326
BUDGET

SUMMARY OF ESTIMATED REVENUES & APPROPRIATIONS AND

ESTIMATED CHANGES IN FUND BALANCES
FY 2023-24
36 CITY OF

NEVADA CITY
Fund
Est. Fund
Balance
July 1, 2023
Proposed
Revenues
FY 23-24
Proposed
Appropriations
FY 23-24
Transfers
In
Transfers
Out
Est. Fund
Balance
June 30, 2024
ARPA 372,101 376,534 - - - 748,635
Permanent Local Housing 109,274 - - - - 109,274
Proposition 64 1 (73,781) 600,000 1,746,158 - - (1,219,939) Proposition 68 (6,917) 216,411 - - 154,949 54,545
Water Fund 2,610,692 916,700 1,045,786 - - 2,481,606
Water - AB 1600 72,712 - - - - 72,712
Sewer Fund 5,829,311 1,605,999 1,697,148 - - 5,738,162
Sewer - AB 1600 47,001 - - - - 47,001
Constitution Day Parade - - - - - -
Measure M (3,982) 925,000 127,956 - 637,500 155,562
Becker 19,099 - 1,000 - - 18,099
TOTAL 14,532,634 19,484,794 20,530,481 8,586,884 8,586,884 13,486,947 Notes:
1 There is a deficit fund balance due to the timing and availability of grant revenues and will be eliminated in future fiscal years as revenues become available.

BUDGET
FY 2023-24

SUMMARY OF ESTIMATED REVENUES & APPROPRIATIONS AND

ESTIMATED CHANGES IN FUND BALANCES
37 CITY OF BUDGET
NEVADA CITY FY 2023-24

GENERAL FUND EXPENSES
FY 23/24
Proposed
Budget GENERAL FUND REVENUES
FY 23/24
Proposed
Budget
General Government $ 1,290,613 Property Tax $ 1,981,338 Public Safety 3,293,973 Permits & Licenses 157,700
Planning 270,875 Program Income 195,000
Engineering and Public Works 897,482 Other Taxes 1,065,181 Parks and Recreation 541,937 Sales Tax 2,920,602
Capital Improvement Projects 542,864 $ 6,319,821
$ 6,837,744

GENERAL FUND EXPENSES AND REVENUES
General
Government
21%
Public
Safety
52%
Planning
4%
Engineering
and Public
Works
14%
Parks and
Recreation
9%

GENERAL FUND EXPENSES
Property
Tax
31% Permits &
Licenses
3%
Program
Income
3%
Other Taxes
17%
Sales Tax
46%

GENERAL FUND REVENUE
38 CITY OF BUDGET
NEVADA CITY FY 2023-24

TOTAL BUDGETED EXPENDITURES TOTAL BUDGETED REVENUE
Streets & NON GF M&O / CIP 9,783,047 Streets & Cap Improvements 9,387,304 General Fund 6,837,744 General Fund 6,319,821
Non Gen Fund Public Safety 907,016 Non Gen Fund Public Safety 993,830 Sewer 1,697,148 Sewer 1,605,999
Water 1,045,786 Water 916,700
20,270,741 19,223,653

TOTAL BUDGETED EXPENSES AND REVENUES
Streets &
NON GF

M&O / CIP
48%
General
Fund
34%
Non Gen Fund
Public Safety
5%
Sewer
8%
Water
5%

TOTAL BUDGETED EXPENSES
Streets & Cap
Improvements
49%
General
Fund
33%
Non Gen Fund
Public Safety
5%
Sewer
8%
Water
5%

TOTAL BUDGETED REVENUES
39 BUDGET
FY 2023-24
Transfer
In
Transfer
Out
- 542,864
8,586,884 -
- 300,000
- 5,531,501
- 500,000
- 701,070
- 219,000
- 154,949
- -
- -
- 637,500
8,586,884 8,586,884
Notes:
1 Proposition 68 1
Water Fund 1
Transfers to the City Capital Projects Fund will provide necessary funding and support for FY 2023-24 capital improvement projects.

TOTAL
Gas Tax 1

CITY OF

NEVADA CITY

SCHEDULE OF INTERFUND TRANSFERS
General Fund 1
Department of Transportation LPP 1
Fund
CMAQ 1
Recreational Trails Program Grant 1
Measure M 1
Sewer Fund 1
Highway Bridge Program Grant 1
Capital Projects Fund
40 CITY OF

NEVADA CITY
Revenues Expenditures
Pool Admissions 34,000 Personnel 110,760
Swimming Lessons 20,000 Maintenance & Operations 68,715 Pool Rental 8,000 Capital Outlay 24,489
Pool Snack Bar 8,500
TOTAL REVENUES 70,500 TOTAL EXPENDITURES 203,964
=
Cost Recovery Ratio = 35%
BUDGET
FY 2023-24

SWIMMING POOL

FINANCIAL SUMMARY
Operating Excess (Deficit) (133,464)
41 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

OVERVIEW OF ESTIMATED REVENUES
Background: Staff members from all departments worked in concert with Finance and Administration Department staff to develop revenue projections for the coming fiscal year. The projections reflect a somewhat conservative yet consistent approach with both established budget practices and financial principles. Staff considered the qualitative and quantitative methods of forecasting and used techniques such as trend analysis, economic indicators, consultant advice, and professional judgment to arrive at a consensus as to forecasted operating revenue. Revenue forecasting is one of the most challenging aspects in the budget process, as many unknown variables, including changes over which the City has no control, affect the ultimate amount of monies going into the City’s coffers. These variables include the impact of fluctuations in the local, regional, statewide, and national economies; consumer habits and demands; and the fiscal impacts of legislative changes.

GENERAL FUND
General Fund revenue from outside sources for FY 2023-24 is estimated at $6,319,821 representing an increase of $133,968 from the FY 2022-23 mid-year amount. Significant operating revenue sources include:
taxes, projected to increase $70,228, or 1%; licenses and permits anticipated to decrease $21,750, or 12%, due to one-time initial cannabis permits that have an annual renewal fee less than the initial permit issuance fee; intergovernmental revenues are anticipated to decrease $146,656, or 42%, due to one-time insurance proceeds related to the remodel of the Public Works Barn Building; charges for services expected to increase $10,193, or 4%, primarily resulting from increases in Summer Camp registrations; use of money and property revenue expected to increase 19% due to increased interest rates in investment pools in which the City has invested it's idle cash; fines and forfeitures projected to decrease 1% due to a decrease in abandoned vehicle fees; and miscellaneous revenues are anticipated to increase by $174,433, or 229%, primarily related to administrative charges applied against the Proposition 64 grant funding the City is receiving.

Below are highlights of significant FY 2023-24 operating revenues compared to FY 2022-23 amended amounts, unless otherwise indicated.

Property Tax revenue for FY 2023-24 is projected to increase by $44,530, or 2.8%, to $16,16,494, including supplemental property tax and other miscellaneous property tax revenues. Supplemental property tax and miscellaneous property tax revenues are not consistent from year-to-year and are extremely difficult to derive budgetary amounts; however, these excluded items are trued-up during the Mid-Year Budget Review for actual amounts received to date. This increase has its roots in a slowly recovering economy reflecting continued improvement in the housing market.

Sales Tax revenue is projected to decrease by $9,691, or 0.6%, to $1,495,602. Total sales tax revenue is expected to decrease slightly based on an analysis of current trends, including receipts from the City's largest sales tax sources, levels of consumer disposable income, and moderating consumer confidence. 42 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

OVERVIEW OF ESTIMATED REVENUES
Property Tax In-Lieu of VLF revenue is projected to increase by $10,292, or 3.0%, to $353,344 in FY 2023-

24. Property tax in-lieu of VLF is vehicle license fee revenue classified as property tax and closely parallels growth in City property tax revenue. In FY 2004-05, cities and counties began receiving additional property tax to replace vehicle license fee (VLF) revenue that the State did not allocate due to budget concerns.

Transient Occupancy Taxes (Room Taxes) are projected to increase by $23,013, or 4.7%, to $510,000 for FY 2023-24. This increase is based on actual receipts received to date and the relaxation of COVID-19 restrictions, which has resulted in increased tourism to the City.

Property Transfer Tax revenue for FY 2023-24 is projected to remain flat at $15,000. Generally, the real estate market has increased, with Nevada City's single-family homes retaining their value to a great degree and still being purchased; however, recent data shows a slight decrease in sales volume. Overall projected performance of property transfer tax revenue has been conservatively estimated for FY 2023-24. As with all key operating revenue sources, trends with respect to this revenue source will be closely monitored and revised, if necessary, at the Mid-Year Budget Review.

SPECIAL REVENUE FUNDS
All Special Revenue Funds are for a specific purpose and are not available for other programs. The combined projected revenue in the Special Revenue Funds is $10,642,274, increasing from the FY 2023-24 amended budget by $4,737,594, or 80.2%. Below are highlights of significant FY 2023-24 special revenues compared to FY 2022-23 amended amounts, unless otherwise indicated.

The Highway Bridge Program Grant Fund, where monies received from the California Department of Transportation for the replacement or rehabilitation of public highway bridges over waterways, other topographical barriers, other highways, or railroads when the State and the Federal Highway Administration determine that a bridge is significantly important and qualifies under the HBP program Guidelines, is projected to increase by $3,096,600, or 117%. This is not new grant award anticipated to be received in FY 2023-24, but rather a reappropriation of the entire grant award to ensure the accuracy of the City's accounting with respect to budget-to-actual analysis.

The Gas Tax Fund, where monies received from the State Highway Users Tax Account are used primarily for the research, planning, construction, improvement, maintenance, and operation of public street and highways in accordance with Article XIX of the California State Constitution and by Streets and Highways Code Section 2101, is projected to increase by $85,318, or 76%. This increase is attributable to California State Department of Finance (DOF) estimates which anticipate total local streets and roads allocations will grow 12.3 percent over FY 2022-23 revenues.
43 CITY OF

NEVADA CITY
BUDGET
The Federal Emergency Management Agency (FEMA) Fund, where monies received from the Federal Government are used for disaster assistance, is projected to increase by $744,250. Revenue in this fund tends to fluctuate from year to year, depending on resources received from FEMA with respect to a qualifying disaster.

The Congestion Mitigation and Air Quality (CMAQ) Fund, where monies received from the California Department of Transportation are used for transportation projects and programs which contribute to the attainment or maintenance of National Ambient Air Quality Standards (NAAQS) in nonattainment or air quality maintenance areas for ozone, carbon monoxide, or particulate matter (PM) under provisions in the Clean Air Act (Title 42, United States Code), is projected to increase by $139,070, or 25%. Revenue in this fund tends to fluctuate from year to year, depending on qualifying capital improvement projects the City has programmed in any given year.

The California Office of Emergency Services (CA OES) Fund, where monies received from the State Government are used for disaster assistance, is projected to decrease by $750,000. Revenue in this fund tends to fluctuate from year to year, depending on resources received from Cal OES with respect to a qualifying disaster.

The Recreational Trails Program (RTP) Grant Fund, where monies received from the California Department of Parks and Recreation are used for the development of non-motorized recreational trails and trails-related facilities, is projected to increase by $219,000 due to a grant award related to the Sugarloaf Trail Project.

Revenue in this fund tends to fluctuate from year to year, depending on qualifying capital improvement projects the City has programmed in any given year.

The Proposition 172 Fund, where monies received from this voter approved one-half cent sales tax apportioned by the County of Nevada to local agencies based on an agency’s proportionate share of net property tax loss due to the State of California's Education Revenue Augmentation Fund (ERAF), is expected to increase by $40,000 as allocations return to pre-pandemic levels.

The American Rescue and Recovery Act (ARPA) Fund, where monies received from the Federal Government to assist Cities with the loss of revenue resulting from the COVID-19 pandemic, is expected to increase by $376,534 as a result of the City receiving its final ARPA allocation.

FY 2023-24

OVERVIEW OF ESTIMATED REVENUES
The Proposition 64 Fund, where monies received are to assist with law enforcement, fire protection, or other local programming to address public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act, is anticipated to increase by $600,000 as a result of the City receiving a $3,000,000 million dollar grant award over a five-year period as part of the Cohort 3 funding phase. 44 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

OVERVIEW OF ESTIMATED REVENUES
The Proposition 68 Fund, where monies received are for the rehabilitation of existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors are anticipated to increase by $216,411.

This is a not new grant award anticipated to be received in FY 2023-24, but rather a reappropriation of the remaining balance of the grant award to ensure the accuracy of the City's accounting with respect to budget-to-actual analysis.

ENTERPRISE FUNDS
Enterprise Funds account for operations that are financed and operated in a manner similar to private business where the costs of providing goods or services to the general public are financed or recovered primarily through user charges. It should be noted that FY 23-24 revenues are compared to FY 2022-23 midyear amounts unless otherwise indicated.

Water Fund revenues are projected to modestly increase by $26,700, or 3%, to $916,700.

Water - AB 1600 Fund revenues are projected to remain flat versus prior year.

Sewer Fund revenues are projected to modestly increase by $43,516, or 3%, to $1,605,999.

Sewer - AB 1600 Fund revenues are projected to decrease by $3,500 versus prior year. 45 CITY OF

NEVADA CITY
Fund FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund:

Taxes 4,590,961 4,831,712 4,901,940 70,228 1%
Licenses and Permits 179,450 179,450 157,700 (21,750) -12% Use of Money and Property 266,359 266,359 315,879 49,520 19% Intergovernmental 27,500 349,328 202,672 (146,656) -42% Charges for Services 281,140 285,832 296,025 10,193 4%
Fines and Forfeitures 172,000 197,000 195,000 (2,000) -1% Miscellaneous 432,355 76,172 250,606 174,433 229%
Total General Fund 5,949,765 6,185,853 6,319,821 133,968 2% AB 1600 22,000 22,000 - (22,000) -100%
Donation Projects Fund 100 100 - (100) -100%
HBP Grant 2,655,900 2,655,900 5,752,500 3,096,600 117%
Gas Tax 112,000 112,000 197,318 85,318 76%
NCTC Streets & Roads 71,000 71,000 - (71,000) -100%
NCTC Local Transportation 30,000 30,000 - (30,000) -100% CMAQ 562,000 562,000 701,070 139,070 25%
Regional Traffic Mitigation 26,861 26,861 26,861 - 0%
FEMA - - 744,250 744,250 N/A
Indian Trails 250 250 - (250) -100%
CA OES 750,000 750,000 - (750,000) -100%
Tax - Fire Department - - 18,635 18,635 N/A
2003 Fire Tax 35,000 35,000 35,900 900 3%
RTP Grant - - 219,000 219,000 N/A
Proposition 172 - - 40,000 40,000 N/A
Suppl. Law Enforcement 100,500 100,500 100,000 (500) 0% Measure C 695,759 695,759 688,795 (6,964) -1%
ARPA - - 376,534 376,534 N/A
Proposition 64 1 - - 600,000 600,000 N/A
Proposition 68 - - 216,411 216,411 N/A
Water Fund 890,000 890,000 916,700 26,700 3%
BUDGET
FY 2023-24

TWO-YEAR COMPARISON OF ESTIMATED REVENUES BY FUND
Increase/
(Decrease)
46 CITY OF

NEVADA CITY
Fund FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Sewer Fund 1,465,744 1,562,483 1,605,999 43,516 3%
Sewer - AB 1600 3,500 3,500 - (3,500) -100%
Constitution Day Parade 8,000 8,000 - (8,000) -100%
Measure M 835,000 835,000 925,000 90,000 11%
Becker 310 310 - (310) -100%
TOTAL REVENUES 14,213,689 14,546,516 19,484,794 4,938,278 34%

FROM EXISTING FUND BALANCE FOR
ONE-TIME CAPITAL IMPROVEMENTS - - - - 0%
TOTAL REVENUE & OTHER SOURCES 14,213,689 14,546,516 19,484,794 4,938,278 34% BUDGET
FY 2023-24

TWO-YEAR COMPARISON OF ESTIMATED REVENUES BY FUND
Increase/
(Decrease)
47 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
GENERAL FUND:

TAXES:

Property Tax
Current & Prior Year - Secured 1,307,491 1,389,932 1,435,651 1,517,241 1,562,758 Current & Prior Year - Unsecured 22,731 22,620 649 23,389 24,091 Supplemental - Secured & Unsecured 15,344 24,786 46,728 28,859 27,445 Supplemental - Prior 77 163 106 200 200
Homeowners Property Tax 10,628 10,610 4,690 11,448 11,500 Property Tax In Lieu of VLF 307,352 324,100 324,927 343,052 353,344 Miscellaneous Property Tax 2,323 1,810 331 2,275 2,000
Room Tax 390,267 503,040 519,586 486,987 510,000
Sales Tax 1,279,373 1,575,385 1,481,107 1,505,293 1,495,602 Measure F Medical Cannabis Tax 534,788 783,884 728,090 735,000 735,000 Property Transfer Fees 13,701 31,275 34,895 15,000 15,000 Franchises 160,993 136,205 175,444 162,968 165,000
SUBTOTAL 4,045,068 4,803,810 4,752,204 4,831,712 4,901,940

LICENSES AND PERMITS
Business License 99,339 81,721 78,694 99,700 99,700
Dog License 68 36 44 500 500
Permits - Miscellaneous 7,370 5,540 4,435 7,500 6,000
Alcohol Permits 1,090 70 780 1,250 1,000
Tobacco License 500 400 400 500 500
Cannabis Permits 72,000 23,500 65,358 70,000 50,000
SUBTOTAL 180,367 111,267 149,711 179,450 157,700

USE OF MONEY AND PROPERTY
Interest Income 15,464 8,588 873 10,000 36,879
Corporate Yard and Building Rents 76,491 77,538 117,641 81,359 104,000 Program Income 173,554 173,554 169,554 175,000 175,000
SUBTOTAL 265,509 259,680 288,068 266,359 315,879
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
48 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
GENERAL FUND (Cont.):

INTERGOVERNMENTAL
Transportation Commission 7,500 - 7,500 7,500 7,500
Police Officer Special Training - - 3,322 - 7,000
Grant Reimbursement 57,947 263,028 1,500 10,000 10,000
Workers' Compensation Reimbursement - - - - -
Miscellaneous State Revenue/Reimb. - 3,299 - - -
Liability Insurance Reimbursement 13,805 10,508 - 10,000 - Insurance Claim Proceeds - - - 321,828 178,172
SUBTOTAL 79,252 276,835 12,322 349,328 202,672

CHARGES FOR SERVICES
Planning Fees 37,444 112,258 22,388 66,115 52,500
Park Fees 16,110 11,657 23,938 18,331 20,000
Pool Admissions 26,580 5,598 34,082 30,661 34,000
Swimming Lessons 21,982 10,655 35,202 24,754 20,000
Miscellaneous Police Department Fees 1,944 4,633 522 2,200 4,000 Tennis Lights - - - -
Inspection Fees 17,774 28,656 - 7,500 7,500
Copies 97 5 2 100 25
Pool Rental 3,156 2,035 13,655 7,823 8,000
Pool Snack Bar 6,069 1,268 8,282 8,500 8,500
Summer Camp Program 9,450 27,996 33,801 15,000 34,000
Administrative Labor Fee - 750 3,620 - -
Street Closure Fees 394 400 325 275 500
Fire Planning - - - 3,289 4,000
Parking Meters 87,169 48,749 107,729 101,284 103,000
SUBTOTAL 228,169 254,660 283,546 285,832 296,025
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
49 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
GENERAL FUND (Cont.):

FINES AND FORFEITURES
Traffic Safety - Parking Citations 133,169 17,775 155,435 170,000 185,000 Traffic Safety - Criminal 10,891 27,560 5,707 15,000 5,000 Abandoned Vehicle Abatement Fees 1,928 3,578 4,985 12,000 5,000 SUBTOTAL 145,988 48,913 166,127 197,000 195,000

MISCELLANEOUS
Damage Recovery - - - 2,000 -
Motor Vehicle In Lieu 2,471 2,303 3,559 2,000 2,000
Fire Department 65,961 44,881 10,960 29,713 29,715
Donations and Contributions - - 719 - -
Rebates/Refunds - - - 1,446 -
Miscellaneous (includes Admin Charge) 229,680 22,769 4,212 10,000 184,616 Return Check Charges 150 25 150 150 75
Mitigation - - - 195 -
Parking Permits - Employee 8,933 1,360 6,620 7,600 8,200 Parking Bail - State 21,676 16,110 14,628 23,068 26,000 SUBTOTAL 328,871 87,448 40,848 76,172 250,606
TOTAL GENERAL FUND 5,273,224 5,842,613 5,692,826 6,185,853 6,319,821 BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
50 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
AB 1600 FUND:

CHARGES FOR SERVICES
Admin Mitigation 1,787 591 511 600 -
Police Mitigation 3,112 3,430 1,513 2,000 -
Parks and Recreation Mitigation 11,009 5,344 2,357 2,500 - Fire Mitigation 1,083 1,193 1,177 1,200 -
Roads Mitigation 16,231 17,891 11,625 13,500 -
Drainage Mitigation 5,193 5,725 2,221 2,200 -
SUBTOTAL 38,415 34,174 19,404 22,000 -

USE OF MONEY AND PROPERTY
Interest Income 945 611 - - -
SUBTOTAL 945 611 - - -
TOTAL AB 1600 FUND 39,360 34,785 19,404 22,000 -
P&R QUIMBY FUND:

INTERGOVERNMENTAL
Parks and Recreation Mitigation - 3,520 2,640 - -
SUBTOTAL - 3,520 2,640 - -

USE OF MONEY AND PROPERTY
Interest Income 4 - - - -
SUBTOTAL 4 - - - -
TOTAL P&R QUIMBY FUND 4 3,520 2,640 - -
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
51 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
DONATION PROJECTS FUND:

MISCELLANEOUS
Donations & Contributions 674 2,663 123 100 -
SUBTOTAL 674 2,663 123 100 -

USE OF MONEY AND PROPERTY
Interest Income 139 45 - - -
SUBTOTAL 139 45 - - -
TOTAL DONATION PROJECTS FUND 813 2,708 123 100 -
DEPT. OF TRANS. LPP FUND:

INTERGOVERNMENTAL
Grant Reimbursement - - 300,000 - -
SUBTOTAL - - 300,000 - -
TOTAL DEPT. OF TRANS. LPP FUND - - 300,000 - -
HBP GRANT FUND:

INTERGOVERNMENTAL
Grant Reimbursement 151,673 59,422 - 2,655,900 5,752,500 SUBTOTAL 151,673 59,422 - 2,655,900 5,752,500
TOTAL HBP GRANT FUND 151,673 59,422 - 2,655,900 5,752,500 BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
52 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
GAS TAX FUND:

INTERGOVERNMENTAL
Gas Tax - Section 2103 21,795 20,490 14,083 15,000 33,186 Gas Tax - Section 2105 16,038 15,694 8,950 9,000 21,976 Gas Tax - Section 2106 26,138 25,654 14,623 15,000 31,972 Gas Tax - Section 2107 21,341 21,997 10,588 11,000 26,396 Gas Tax - Section 2107.5 - - - 1,000 1,000
Gas Tax - Road Maint. Rehab (SB1) 49,709 47,458 61,057 61,000 82,788 SUBTOTAL 135,021 131,293 109,301 112,000 197,318

USE OF MONEY AND PROPERTY
Interest Income 2,773 1,296 - - -
SUBTOTAL 2,773 1,296 - - -
TOTAL GAS TAX FUND 137,794 132,589 109,301 112,000 197,318 NCTC STREETS & ROADS FUND:

INTERGOVERNMENTAL
Grant Reimbursement - 34,000 61,500 71,000 -
SUBTOTAL - 34,000 61,500 71,000 -
TOTAL NCTC STREETS FUND - 34,000 61,500 71,000 -
NCTC LOCAL TRANSPORTATION:

INTERGOVERNMENTAL
Grant Reimbursement - 86,000 92,000 30,000 -
SUBTOTAL - 86,000 92,000 30,000 -
TOTAL NCTC LOCAL TRANSPORT. - 86,000 92,000 30,000 -
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
BUDGET
53 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
CMAQ FUND:

INTERGOVERNMENTAL
Grant Reimbursement 13,373 12,152 75,890 562,000 701,070 SUBTOTAL 13,373 12,152 75,890 562,000 701,070
TOTAL CMAQ FUND 13,373 12,152 75,890 562,000 701,070
REGIONAL TRAFFIC MITIGATION:

CHARGES FOR SERVICES
Mitigation 25,579 23,225 26,861 26,861 26,861
SUBTOTAL 25,579 23,225 26,861 26,861 26,861
TOTAL REG. TRAFFIC MITIGATION 25,579 23,225 26,861 26,861 26,861 FEMA FUND:

INTERGOVERNMENTAL
Grant Reimbursement - - - - 744,250
SUBTOTAL - - - - 744,250
TOTAL FEMA FUND - - - - 744,250
INDIAN TRAILS FUND:

USE OF MONEY AND PROPERTY
Interest Income 627 250 - 250 -
SUBTOTAL 627 250 - 250 -
TOTAL INDIAN TRAILS FUND: 627 250 - 250 -

REVENUE DETAIL
FISCAL YEARS 2020-2024
BUDGET
FY 2023-24
54 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
PSPS GRANT FUND:

INTERGOVERNMENTAL
Grant Reimbursement 225,000 - - - -
SUBTOTAL 225,000 - - - -
TOTAL PSPS GRANT FUND 225,000 - - - -
CA OES FUND:

INTERGOVERNMENTAL
Grant Reimbursement - - 24,260 750,000 -
SUBTOTAL - - 24,260 750,000 -
TOTAL CA OES FUND - - 24,260 750,000 -
LITTLE DEER CREEK FUND:

INTERGOVERNMENTAL
Grant Reimbursement 108,009 - 24,260 - -
SUBTOTAL 108,009 - 24,260 - -
TOTAL LITTLE DEER CREEK FUND 108,009 - 24,260 - -
BROWNSFIELD EPA FUND:

INTERGOVERNMENTAL
Grant Reimbursement 16,281 17,520 - - -
SUBTOTAL 16,281 17,520 - - -
TOTAL TAX - FIRE DEPARTMENT 16,281 17,520 - - -
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
55 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
TAX - FIRE DEPARTMENT FUND:

TAXES
Special Assessment - Fire 33,679 33,679 19,066 - 18,635 SUBTOTAL 33,679 33,679 19,066 - 18,635
TOTAL TAX - FIRE DEPARTMENT 33,679 33,679 19,066 - 18,635 2003 FIRE TAX FUND:

TAXES
Special Assessment - Fire 64,812 64,812 80,199 35,000 35,900 SUBTOTAL 64,812 64,812 80,199 35,000 35,900
TOTAL 2003 FIRE TAX FUND 64,812 64,812 80,199 35,000 35,900 CDBG FUND:

USE OF MONEY AND PROPERTY
Program Income 12,623 - - - -
SUBTOTAL 12,623 - - - -

INTERGOVERNMENTAL
Grant Reimbursement 196,582 200,000 - - -
SUBTOTAL 196,582 200,000 - - -
TOTAL CDBG FUND 209,205 200,000 - - -
CABY MISC. AGENCY FUND:

INTERGOVERNMENTAL
Grant Reimbursement 196,582 333,112 - - -
SUBTOTAL 196,582 333,112 - - -
TOTAL CABY MISC. AGENCY FUND 196,582 333,112 - - -
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
56 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
RECREATIONAL TRAILS PROGRAM:

INTERGOVERNMENTAL
Grant Reimbursement - - 25,396 - 219,000
SUBTOTAL - - 25,396 - 219,000
TOTAL REC. TRAILS PROGRAM - - 25,396 - 219,000
PROPOSITION 172:

TAXES
Property Tax - SB 509 1/2% Tax 40,015 28,945 25,396 - 40,000 SUBTOTAL 40,015 28,945 25,396 - 40,000
TOTAL PROPOSITION 172 40,015 28,945 25,396 - 40,000
SUPPL. LAW ENFORCEMENT:

INTERGOVERNMENTAL
Grant Reimbursement 125,000 50,000 357,495 100,500 100,000 SUBTOTAL 125,000 50,000 357,495 100,500 100,000
TOTAL SUPPL. LAW ENFORCEMENT 125,000 50,000 357,495 100,500 100,000 MEASURE C FUND:

TAXES
Sales Tax 553,969 533,651 714,210 695,759 688,795
SUBTOTAL 553,969 533,651 714,210 695,759 688,795
TOTAL MEASURE C FUND 553,969 533,651 714,210 695,759 688,795 FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
BUDGET
57 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
ARPA FUND:

INTERGOVERNMENTAL
Grant Reimbursement - - 372,530 - 376,534
SUBTOTAL - - 372,530 - 376,534
TOTAL ARPA FUND - - 372,530 - 376,534
PERMANENT LOCAL HOUSING:

INTERGOVERNMENTAL
Grant Reimbursement - - 124,274 - -
SUBTOTAL - - 124,274 - -
TOTAL PERMANENT LOCAL HOUSING - - 124,274 - -
PROPOSITION 64 FUND:

INTERGOVERNMENTAL
Grant Reimbursement - - 177,183 - 600,000
SUBTOTAL - - 177,183 - 600,000
TOTAL PROPOSITION 64 - - 177,183 - 600,000
PROPOSITION 68 FUND:

INTERGOVERNMENTAL
Grant Reimbursement - - 53,893 - 216,411
SUBTOTAL - - 53,893 - 216,411
TOTAL PROPOSITION 68 FUND - - 53,893 - 216,411

REVENUE DETAIL
FISCAL YEARS 2020-2024
BUDGET
FY 2023-24
58 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
WATER FUND:

CHARGES FOR SERVICES
Residential 552,015 580,517 483,802 542,398 558,670
Multi Family 68,500 71,079 65,530 73,467 75,671
Connection Fees 18,743 17,045 4,230 4,742 4,884
Commercial 128,473 133,670 160,934 180,426 185,839
Government 50,647 60,974 60,004 67,271 69,289
Non Profit 21,348 19,156 19,352 21,696 22,347
SUBTOTAL 839,726 882,441 793,852 890,000 916,700

USE OF MONEY AND PROPERTY
Interest Income 4,318 660 - - -
SUBTOTAL 4,318 660 - - -
TOTAL WATER FUND 844,044 883,101 793,852 890,000 916,700 WATER - AB1600:

CHARGES FOR SERVICES
Mitigation 15,368 14,359 6,700 - -
SUBTOTAL 15,368 14,359 6,700 - -
TOTAL WATER - AB1600 FUND 15,368 14,359 6,700 - -
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
59 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
SEWER FUND:

CHARGES FOR SERVICES
Program Income 108,000 104,190 102,960 102,960 102,690
Residential 862,213 962,576 1,014,864 1,042,052 1,073,314 Multi Family 81,306 88,990 101,291 104,005 107,125
Connection Fees 4,360 7,380 5,385 5,529 5,695
Miscellaneous Water/Sewer 3,365 1,897 3,544 3,639 3,748 Commercial 202,098 223,531 210,433 216,070 222,552
Government 85,186 89,310 74,091 76,076 78,358
Non Profit 9,608 9,494 11,835 12,152 12,517
SUBTOTAL 1,356,136 1,487,368 1,524,403 1,562,483 1,605,999

USE OF MONEY AND PROPERTY
Interest Income 22,535 7,873 - - -
SUBTOTAL 22,535 7,873 - - -
TOTAL SEWER FUND 1,378,671 1,495,241 1,524,403 1,562,483 1,605,999 SEWER - AB1600:

CHARGES FOR SERVICES
Mitigation 9,076 8,458 5,173 3,500 -
SUBTOTAL 9,076 8,458 5,173 3,500 -
TOTAL SEWER - AB1600 FUND 9,076 8,458 5,173 3,500 -
CONSTITUTION DAY PARADE:

MISCELLANEOUS
Donations and Contributions 6,000 - - 8,000 -
SUBTOTAL 6,000 - - 8,000 -
TOTAL CONSTITUTION DAY PARADE 6,000 - - 8,000 -

CITY OF
BUDGET
FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
BUDGET
60 NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
MEASURE M FUND:

TAXES
Sales Tax 740,611 861,197 950,680 835,000 925,000
SUBTOTAL 740,611 861,197 950,680 835,000 925,000
TOTAL MEASURE M FUND 740,611 861,197 950,680 835,000 925,000 BECKER:

USE OF MONEY AND PROPERTY
Interest Income - 103 - 310 -
SUBTOTAL - 103 - 310 -
TOTAL BECKER - 103 - 310 -
TOTAL REVENUES 10,208,769 10,755,442 11,659,515 14,546,516 19,484,794

FROM EXISTING FUND BALANCE - - - - -
TOTAL REVENUE & OTHER SOURCES 10,208,769 10,755,442 11,659,515 14,546,516 19,484,794 FY 2023-24

REVENUE DETAIL
FISCAL YEARS 2020-2024
61 CITY OF

NEVADA CITY
Fund FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 5,629,072 6,090,901 6,294,880 203,979 3%
Capital Projects Fund 5,208,000 5,208,000 8,586,884 3,378,884 65% Supplemental Law Enforcement 400,000 400,000 100,000 (300,000) -75% Measure C 571,560 571,560 930,669 359,109 63%
Proposition 64 - - 1,746,158 1,746,158 N/A
Water Fund 908,092 908,092 1,045,786 137,694 15%
Sewer Fund 1,927,645 1,927,645 1,697,148 (230,497) -12% Constitution Day Parade 8,000 - - - 0%
Measure M 383,553 383,553 127,956 (255,597) -67%
Becker - - 1,000 1,000 N/A
TOTAL CITY 15,035,922 15,489,751 20,530,481 5,040,730 33% Notes:
* Appropriation amounts are net of interfund transfers.

BUDGET
FY 2023-24

TWO-YEAR COMPARISON OF APPROPRIATIONS BY FUND
Increase/
(Decrease)
62 CITY OF

NEVADA CITY
Department Personnel Maintenance
& Operations
Capital
Outlay Total
City Council 72,000 25,650 1,688 99,338
City Manager 432,089 15,150 36,064 483,303
City Clerk 1,292 5,500 - 6,792
Finance and Administration 790,440 246,330 (162,522) 874,248 City Attorney - 132,175 - 132,175
Community Agency - 176,800 - 176,800
Fire Department 260,273 973,995 141,500 1,375,768
Police Department 2,313,525 493,735 285,201 3,092,461
Planning 160,612 91,485 18,778 270,875
Engineering and Public Works 623,026 396,457 127,483 1,146,966 Parks and Recreation 292,328 173,048 1,076,561 1,541,937 Water and Wastewater 730,392 1,204,541 508,001 2,442,934 TOTAL DEPARTMENTAL 5,675,977 3,934,866 2,032,754 11,643,597 TOTAL OPERATING 5,675,977 3,934,866 2,032,754 11,643,597 Capital Improvements - - 8,886,884 8,886,884
TOTAL CITY 5,675,977 3,934,866 10,919,638 20,530,481
BUDGET
FY 2023-24

APPROPRIATIONS SUMMARY

BY DEPARTMENT/BY EXPENDITURE TYPE
63 CITY OF

NEVADA CITY
Program/Department Personnel Maintenance
& Operations
Capital
Outlay
Capital
Improv. Total
GENERAL FUND:

General Government
City Council 72,000 25,650 1,688 - 99,338
City Manager 262,936 15,150 (28,936) - 249,150
City Clerk 1,292 5,500 - - 6,792
Finance and Administration 790,440 156,830 (210,912) - 736,358 City Attorney - 132,175 - - 132,175
Community Agency - 66,800 - - 66,800
Public Safety
Fire Department 260,273 405,573 31,500 - 697,346
Police Department 2,053,456 472,970 70,201 - 2,596,627
Planning
Planning Department 160,612 85,525 18,311 - 264,448
Planning Commission - 5,960 467 - 6,427
Engineering and Public Works
Public Works 476,299 313,683 107,500 - 897,482
Parks and Recreation
Parks and Recreation 292,328 173,048 76,561 - 541,937
Capital Improvement Projects
Remodel Barn Building (Public Works) - - - 500,000 500,000 Playground Improvements - - - 13,000 13,000
Sugarloaf Trail - - - 29,864 29,864
TOTAL GENERAL FUND 4,369,636 1,858,864 66,380 542,864 6,837,744 DEPT. OF TRANSPORTATION:

Capital Improvement Projects
Upper Broad Street - - - 300,000 300,000
TOTAL DEPT. OF TRANSPORTATION - - - 300,000 300,000
BUDGET
FY 2023-24

APPROPRIATIONS SUMMARY

BY FUND/BY PROGRAM/BY DEPARTMENT/BY EXPENDITURE TYPE
64 CITY OF

NEVADA CITY
Program/Department Personnel Maintenance
& Operations
Capital
Outlay
Capital
Improv. Total
HIGHWAY BRIDGE PROJECT:

Capital Improvement Projects
Nevada Street Bridge - - - 5,531,501 5,531,501
TOTAL HIGHWAY BRIDGE PROJECT - - - 5,531,501 5,531,501
GAS TAX FUND:

Capital Improvement Projects
Upper Broad Street - - - 400,000 400,000
Pavement Program Annual - - - 100,000 100,000
TOTAL GAS TAX FUND - - - 500,000 500,000
CMAQ GRANT FUND:

Capital Improvement Projects
Boulder Street Sidewalk - - - 301,070 301,070
Clark Street Parking/Foot Bridge - - - 400,000 400,000
TOTAL CMAQ GRANT FUND - - - 701,070 701,070
REC. TRAILS PROGRAM GRANT:

Capital Improvement Projects
Sugarloaf Trail - - - 219,000 219,000
TOTAL REC. TRAILS PROGRAM - - - 219,000 219,000
SUPPL. LAW ENFORCEMENT:

Public Safety
Police Department - - 100,000 - 100,000
TOTAL SUPPL. LAW ENFORCEMENT - - 100,000 - 100,000
BUDGET
FY 2023-24

APPROPRIATIONS SUMMARY

BY FUND/BY PROGRAM/BY DEPARTMENT/BY EXPENDITURE TYPE
65 CITY OF

NEVADA CITY
Program/Department Personnel Maintenance
& Operations
Capital
Outlay
Capital
Improv. Total
MEASURE C FUND:

General Government
City Manager 169,153 - 65,000 - 234,153
Public Safety
Fire Department - 568,422 - - 568,422
Police Department 124,829 3,265 - - 128,094
TOTAL MEASURE C FUND 293,982 571,687 65,000 - 930,669
PROPOSITION 64 FUND:

General Government
Finance and Administration - 89,000 48,390 - 137,390
Community Agency - 110,000 - - 110,000
Public Safety
Fire Department - - 110,000 - 110,000
Police Department 135,240 17,000 115,000 - 267,240
Engineering and Public Works
Public Works 113,528 - 8,000 - 121,528
Parks and Recreation
Parks and Recreation - - 1,000,000 - 1,000,000
TOTAL PROPOSITION 64 FUND 248,768 216,000 1,281,390 - 1,746,158 PROPOSITION 68 FUND:

Capital Improvement Projects
Tennis Court Improvements - - - 114,949 114,949
Playground Improvements - - - 40,000 40,000
TOTAL PROPOSITION 68 FUND - - - 154,949 154,949
BUDGET
FY 2023-24

APPROPRIATIONS SUMMARY

BY FUND/BY PROGRAM/BY DEPARTMENT/BY EXPENDITURE TYPE
66 CITY OF

NEVADA CITY
Program/Department Personnel Maintenance
& Operations
Capital
Outlay
Capital
Improv. Total
WATER FUND:

Water and Wastewater
Water Department 38,622 282,500 94,594 - 415,716
Water Distribution 307,213 49,450 123,407 - 480,070
Capital Improvement Projects
Annual Water Main Replacements - - - 150,000 150,000
TOTAL WATER FUND 345,835 331,950 218,001 150,000 1,045,786 SEWER FUND:

Water and Wastewater
Sewer Department 219,609 795,721 165,000 - 1,180,330
Sewer Collection 164,948 76,870 125,000 - 366,818
Capital Improvement Projects
Annual Sewer Main Replacements - - - 150,000 150,000
TOTAL SEWER FUND 384,557 872,591 290,000 150,000 1,697,148 CONSTITUTION DAY PARADE:

General Government
Constitution Day Parade - - - - -

TOTAL CONSTITUTION DAY PARADE - - - - -
BUDGET
FY 2023-24

APPROPRIATIONS SUMMARY

BY FUND/BY PROGRAM/BY DEPARTMENT/BY EXPENDITURE TYPE
67 CITY OF

NEVADA CITY
Program/Department Personnel Maintenance
& Operations
Capital
Outlay
Capital
Improv. Total
MEASURE M FUND:

Engineering and Public Works
Measure M 33,199 82,774 11,983 - 127,956
Capital Improvement Projects
Upper Broad Street - - - 300,000 300,000
Nevada Street Bridge - - - 287,500 287,500
Sidewalk Replacement Annual - - - 50,000 50,000
TOTAL MEASURE M FUND 33,199 82,774 11,983 637,500 765,456 BECKER FUND:

General Government
Finance and Administration - 500 - - 500
Public Safety
Police Department - 500 - - 500
TOTAL BECKER FUND - 1,000 - - 1,000
TOTAL CITY 5,675,977 3,934,866 2,032,754 8,886,884 20,530,481 Notes:
* Appropriations are not net of interfund transfers. As such, these amounts represent the funding sources for each expenditure type.

FY 2023-24

APPROPRIATIONS SUMMARY

BY FUND/BY PROGRAM/BY DEPARTMENT/BY EXPENDITURE TYPE
BUDGET
68 CITY OF

NEVADA CITY
Department FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
City Council 19,824 22,324 14,857 23,338 99,338
City Manager 184,540 321,835 188,415 346,432 483,303
City Clerk 2,603 2,603 2,603 1,292 6,792
Finance and Administration 280,039 299,095 332,641 355,886 874,248 City Attorney 135,149 158,557 133,323 132,175 132,175
Community Agency 82,172 44,764 66,688 50,200 176,800
Fire Department 650,995 909,315 1,510,881 1,239,338 1,375,768 Police Department 1,886,768 2,003,258 1,878,056 3,128,521 3,092,461 Planning 241,947 238,670 209,354 259,062 270,875
Engineering and Public Works 896,238 563,511 780,273 1,244,617 1,146,966 Parks and Recreation 430,560 342,475 551,767 665,153 1,541,937 Water and Wastewater 2,812,137 2,468,944 2,662,705 2,835,737 2,442,934 TOTAL DEPARTMENTAL 7,622,972 7,375,351 8,331,564 10,281,751 11,643,597 Constitution Day Parade 5,675 - - - -
TOTAL CONSTITUTION DAY PARADE 5,675 - - - -
TOTAL OPERATING 7,628,647 7,375,351 8,331,564 10,281,751 11,643,597 Capital Improvements 487,310 308,671 1,323,804 5,208,000 8,886,884 TOTAL CITY 8,115,957 7,684,022 9,655,368 15,489,751 20,530,481 BUDGET
FY 2023-24

FIVE-YEAR OVERVIEW OF DEPARTMENTAL APPROPRIATIONS
FISCAL YEARS 2020-2024
69 CITY OF

NEVADA CITY
Fund FY 19-20
Actual
FY 20-21
Actual
FY 21-22
Actual
FY 22-23
Amended
FY 23-24
Proposed
General Fund 4,064,703 4,155,749 4,630,299 6,090,901 6,294,880 Capital Projects Fund 487,310 308,671 1,323,804 5,208,000 8,586,884 Gas Tax Fund - - 1,298 - -
Regional Trails Program Grant - - 17,483 - -
Supplemental Law Enforcement 100,209 - 16,816 400,000 100,000 Measure C 531,711 352,391 591,561 571,560 930,669
ARPA - - 429 - -
PLHA Program - - 15,000 - -
Proposition 64 - - 217,252 - 1,746,158
Proposition 68 - - 60,810 - -
Water Fund 945,680 900,713 832,451 908,092 1,045,786
Water Treatment Plant - Upgrade - - 16,000 - -
Sewer Fund 1,716,619 1,568,231 1,814,062 1,927,645 1,697,148 Constitution Day Parade 5,675 - - - -
Measure M 264,050 398,267 118,102 383,553 127,956
Becker - - - - 1,000
TOTAL CITY 8,115,957 7,684,022 9,655,367 15,489,751 20,530,481 Notes:
* Appropriation amounts are net of interfund transfers.

BUDGET
FY 2023-24

FIVE-YEAR OVERVIEW OF APPROPRIATIONS BY FUND
FISCAL YEARS 2020-2024
70 CITY OF

NEVADA CITY
Program FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
City Council 14,857 23,338 23,338 99,338 76,000 326%
City Manager 188,415 346,432 346,432 483,303 136,871 40% City Clerk 2,603 1,292 1,292 6,792 5,500 426%
Finance and Administration 332,641 355,886 355,886 874,248 518,362 146% City Attorney 133,323 132,175 132,175 132,175 - 0%
Community Agency 66,688 50,200 50,200 176,800 126,600 252% TOTAL 738,527 909,323 909,323 1,772,656 863,333 95%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 723,431 909,323 909,323 1,538,003 628,680 69% Measure C - - - 234,153 234,153 N/A
ARPA 96 - - - - 0%
PLHA Program 15,000 - - - - 0%
Proposition 64 - - - 500 500 N/A
TOTAL 738,527 909,323 909,323 1,772,656 863,333 95%
BUDGET
FY 2023-24

GENERAL GOVERNMENT

APPROPRIATIONS BY PROGRAM
Increase/
(Decrease)
Increase/
(Decrease)
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Community Agency
City Attorney
Finance and Administration
City Clerk
City Manager
City Council
71 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 550,679 778,053 778,053 1,295,821 517,768 67% Maintenance & Operations 422,175 366,330 366,330 601,605 235,275 64% Capital Outlay (234,327) (235,060) (235,060) (124,770) 110,290 -47% TOTAL 738,527 909,323 909,323 1,772,656 863,333 95%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 723,431 909,323 909,323 1,538,003 628,680 69% Measure C - - - 234,153 234,153 N/A
ARPA 96 - - - - 0%
PLHA Program 15,000 - - - - 0%
Proposition 64 - - - 500 500 N/A
TOTAL 738,527 909,323 909,323 1,772,656 863,333 95%

GENERAL GOVERNMENT

APPROPRIATIONS BY EXPENDITURE TYPE
BUDGET
FY 2023-24
Increase/
(Decrease)
Increase/
(Decrease)
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Personnel
Maintenance & Operations
72 CITY OF

NEVADA CITY
comprehensive five-year Strategic Plan.
● The City Council adopted 71 resolutions.
● The City Council initiated a Stakeholder-Led Strategic Planning process and adopted the City's first ● The City Council adopted its first legislative platform. ● The City Council adopted seven (7) new ordinances and revised five (5) existing ordinances.

BUDGET
FY 2023-24

CITY COUNCIL
The City Council is the legislative body of the City of Nevada City. The five-member Council is responsible for setting the overall goals of the City, establishing policies, programs, and ordinances that protect the quality of life for the community.

The City Council protects the City's financial security through the adoption of the annual budget, promotes communication between the City and its residents, protects the interests of the City by serving on regional boards that have an impact on Nevada City citizens, and maintains a working knowledge of State and Federal issues affecting the City of Nevada City.

Description
Prior Year Accomplishments
● Conducted a nationwide recruitment, interviewed, selected, and appointed a new City Manager.

June 30, 2022, and new Councilmembers Adam Kline and Lou Ceci were sworn into office on July 13, 2022. ● Councilmembers and former Mayors Erin Minett and Duane Strawser completed their terms of office on 73 CITY OF

NEVADA CITY
● Addressing the embedded Climate Strategic Initiative, by September 1, 2023, consider approval of biomass to conversion purchase to meet the requirements of SB1383. ● Addressing the Fire Strategic Initiative Goal #5, by September 30, 2023, evaluate the community and strategic need Strategic Plan.

CITY COUNCIL
BUDGET
FY 2023-24
Key Projects and Future Initiatives
● By December 31, 2023, review, revise, and adopt a new list of CITY VALUES STATEMENTS aligned with the adopted a funding mechanism in support of communitywide wildfire prevention and open space maintenance activities. initiative from "Arts, Culture, and Distinction" to "Arts, Culture, and Creativity" aligned with terminology of the industry. ● Addressing the Vibrancy Strategic Initiative Goal #6, in coordination with the City Attorney, by March 31, 2024, options and provide direction for the timing, formation, and mission of a Nevada City Arts Commission. ● By August 30, 2023, upon recommendation of the Vibrancy Committee, amend the description of the Vibrancy 74 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel - - - 72,000 72,000 N/A
Maintenance & Operations 13,169 21,650 21,650 25,650 4,000 18% Capital Outlay 1,688 1,688 1,688 1,688 - 0%
TOTAL 14,857 23,338 23,338 99,338 76,000 326%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 14,857 23,338 23,338 27,338 4,000 17%
TOTAL 14,857 23,338 23,338 27,338 4,000 17%
BUDGET
FY 2023-24

CITY COUNCIL

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
Increase/
(Decrease)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
75 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Health Insurance - - - 72,000 72,000 N/A
TOTAL PERSONNEL - - - 72,000 72,000 N/A

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 65 50 50 50 - 0%
Office Supplies 32 100 100 100 - 0%
Telephone 177 200 200 200 - 0%
Printing and Advertising 2,279 2,500 2,500 2,500 - 0%
Dues/Subscriptions/Publications 1,450 - - 1,500 1,500 N/A Maintenance Contracts - 300 300 300 - 0%
Election Costs - 3,500 3,500 3,500 - 0%
Outside Services 5,882 9,100 9,100 9,100 - 0%
Conferences and Meetings 2,757 2,500 2,500 5,000 2,500 100% Training and Development - 3,000 3,000 3,000 - 0%
Repairs and Maintenance/IT 527 400 400 400 - 0%
TOTAL MAINT. & OPERATIONS 13,169 21,650 21,650 25,650 4,000 18%

CAPITAL OUTLAY
A87 Cost Allocation 1,688 1,688 1,688 1,688 - 0%
TOTAL CAPITAL OUTLAY 1,688 1,688 1,688 1,688 - 0%
TOTAL CITY COUNCIL 14,857 23,338 23,338 27,338 4,000 17% Increase/
(Decrease)
BUDGET
FY 2023-24

CITY COUNCIL

DEPARTMENTAL DETAIL
76 CITY OF

NEVADA CITY
● The City Manager negotiated contracts and/or Memorandum of Understanding (MOUs) with all represented and non-represented employees in the City.
properties at 130 and 132 Main Street both coming under the new lease program. ● The City Manager coordinated the City Council's approval of a new purchasing policy to increase efficiency and accountability of spending by the City.

Council to consider in adopting the City's Strategic Plan. ● The City Manager hired a new Chief Financial Officer and Police Chief in 2022. ● The City Manager facilitated the establishment of a standard commercial lease process with the City owned BUDGET
FY 2023-24

CITY MANAGER
The City Manager's office implements the policies and programs adopted by the City Council. To accomplish this, the City Manager's office works with the City Council and staff to develop an overall vision for the future of the community and helps provide leadership to implement the vision. The City Manager's office also assists the City Council in developing new policies and decision-making by identifying and analyzing issues, providing City Council with relevant information, and implementing City Council decisions on time and within budget.

The City Manager's office works directly with the Finance and Administration Department to ensure the continued financial health of the City by developing a recommended Operating Budget and Capital Improvement Program.

Working through staff, the City Manager's office directs, coordinates, and administers the overall operations of the City, and ensures that departments run efficiently and effectively. It also develops effective communications with the community, relevant individuals, organizations, city governments, the region, state, and nation.

Description
Prior Year Accomplishments
● A new City Manager was recruited and hired beginning on February 28, 2022. ● The City Manager facilitated a Citywide refresh of policies, practices, and processes to ensure City Council and Community communications and establish a foundation for future planning efforts. ● The City Manager facilitated multiple public workshops and surveys to develop data and intelligence for the City ● The role of City Treasurer was transitioned from an elected position to a City Manager appointed position based upon voter initiative. Thank you to City Treasurer David McKay for his service ending June 30, 2022. ● The role of City Treasurer is now divided between the City Manager and the Chief Financial Officer. 77 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

CITY MANAGER
● Addressing the Infrastructure Strategic Initiative Goal #1, in coordination with the City Engineer and Parks and Recreation, by June 30, 2024, upon recommendation of the Committee, present the City Council the previously considered Old Airport plan as well as potential new options in partnership with Pioneer Community Energy JPA.

Key Projects and Future Initiatives
● Addressing the embedded Nisenan Strategic Initiative, by September 1, 2023, provide budgeted financial contribution the Ancestral Homelands Reciprocity Program in support of the Nevada City Rancheria Nisenan Tribe. ● Addressing the Housing Strategic Initiative Goal #2, by January 31, 2024, implement a City Council approved lease local program to expand workforce housing options.
● Addressing the Business Strategic Initiative Goal #8, by January 31, 2024, introduce the completed cannabis equity assessment and a recommended cannabis equity program to the City Council.

Reduction and Outreach position.
● Addressing the Vibrancy Strategic Initiative Goal #2, in coordination with the City Planner, by August 30, 2023, present public art ordinance and public art policy for consideration of the Committee and City Council. ● Addressing the Vibrancy Strategic Initiative Goal #5, by January 31, 2024, release an RFP for the creation of a stakeholder communication plan to be implemented by City staff under the leadership of the new Community Risk hire, onboard, and integrate the new Community Risk Reduction and Outreach position into City processes including work of the Fire Safety Advisory Committee.
● Addressing the Business Strategic Initiative Goal #3, in coordination with the Police Department, by November 30, 2023, advance industry recommended changes to the city cannabis ordinance through the Committee and City Council. ● Addressing the Housing Strategic Initiative Goal #6, by June 15, 2024, develop a community supported best practices revision of the existing short-term rental ordinance for possible consideration of the voters. ● Addressing the Fire Strategic Initiative Goal #2, in coordination with the Fire Department, by October 31, 2023, recruit, ● In coordination with the City Engineer and Parks and Recreation, by March 31, 2024, in coordination with the NCSD, develop a design and bid package for the Prop 64 funded turf field conversion and public park at 7-Hills Middle School. ● Addressing Housing Strategic Initiative Goal #3, in coordination with the City Planner, by December 31, 2023, apply for for an election of City Council seats with terms ending in 2024 for the March 2024 election. ● In coordination with the City Clerk, by November 30, 2023, present options for implementing City Councilmember pay stipend consistent with California law in FY 2024-25.
● In coordination with the City Attorney, by November 30, 2023, provide the requisite resolutions for the City Council to funding to develop a 7-Hills Revitalization Plan and implement upon funding. 78 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 193,042 363,818 363,818 432,089 68,271 19%
Maintenance & Operations 22,520 11,550 11,550 15,150 3,600 31% Capital Outlay (27,147) (28,936) (28,936) 36,064 65,000 -225% TOTAL 188,415 346,432 346,432 483,303 136,871 40%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 188,367 346,432 346,432 249,150 (97,282) -28% Measure C - - - 234,153 234,153 N/A
ARPA 48 - - - - 0%
TOTAL 188,415 346,432 346,432 483,303 136,871 40%
FY 2023-24

CITY MANAGER

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
Increase/
(Decrease)
BUDGET
-20%
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
79 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 108,949 180,880 180,880 170,872 (10,008) -6% Salaries - Permanent - - - 102,329 102,329 N/A
Incentive Pay - - - 12,815 12,815 N/A
Incentive Pay - - - 7,675 7,675 N/A
Social Security 8,335 13,882 13,882 12,596 (1,286) -9%
Social Security - - - 11,528 11,528 N/A
Deferred Compensation - 3,134 3,134 2,600 (534) -17%
Workers' Compensation 1,064 1,447 1,447 574 (873) -60%
Workers' Compensation - - - 9,419 9,419 N/A
Health Insurance 5,104 33,419 33,419 33,419 - 0%
Health Insurance - - - 25,560 25,560 N/A
STD/LTD/Life 23 407 407 337 (70) -17%
STD/LTD/Life - - - 266 266 N/A
Unemployment Insurance - 2,713 2,713 - (2,713) -100%
Cell Allowance - 579 579 1,040 461 80%
Cell Allowance - - - 650 650 N/A
Retirement and PERS 69,567 127,358 127,358 28,683 (98,675) -77% Retirement and PERS - - - 11,726 11,726 N/A
TOTAL PERSONNEL 193,042 363,818 363,818 432,089 68,271 19%

MAINTENANCE & OPERATIONS
Office Supplies 12 150 150 150 - 0%
Vehicle Repairs/Maintenance - - - 200 200 N/A
Gas and Oil 807 - - 4,000 4,000 N/A
Printing and Advertising 96 - - - - 0%
Dues/Subscriptions/Publications 637 700 700 700 - 0%
Liability Insurance 6,652 5,450 5,450 5,450 - 0%
Conferences and Meetings 953 2,000 2,000 3,000 1,000 50% Training and Development 716 500 500 1,500 1,000 200%
COVID-19 48 - - - - 0%
BUDGET
FY 2023-24

CITY MANAGER

DEPARTMENTAL DETAIL
Increase/
(Decrease)
80 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Auto Allowance 11,852 2,600 2,600 - (2,600) -100%
Repairs and Maintenance/IT 747 150 150 150 - 0%
TOTAL MAINT. & OPERATIONS 22,520 11,550 11,550 15,150 3,600 31%

CAPITAL OUTLAY
Fixed Assets 1,789 - - - - 0%
Fixed Assets - - - 65,000 65,000 N/A
A87 Cost Allocation (28,936) (28,936) (28,936) (28,936) - 0% TOTAL CAPITAL OUTLAY (27,147) (28,936) (28,936) 36,064 65,000 -225% TOTAL CITY MANAGER 188,415 346,432 346,432 483,303 136,871 40% BUDGET
FY 2023-24

CITY MANAGER

DEPARTMENTAL DETAIL
Increase/
(Decrease)
81 CITY OF

NEVADA CITY
Prior Year Accomplishments
BUDGET
FY 2023-24

CITY CLERK
Description
The City Clerk is a publicly elected official serving a four-year term. The City Clerk position will transition from an elected to an appointed position on July 1, 2024. The City Clerk's Office is a service department and one to which other departments and the general public comes for legislative information regarding the operations of the City.

The day-to-day activities of the City Clerk’s Office are conducted by the Deputy City Clerk who has concurrent responsibilities under the Human Resources Division of City Administration. Original City contracts and agreements, claims against the City, deeds, ordinances, resolutions, and other documents are processed and filed with the City Clerk.

The City Council agendas and minutes are prepared by this office. In addition, the City Clerk oversees the citywide Records Management and is responsible for the codification of the Nevada City Municipal Code. All municipal elections are coordinated by this office. The City Clerk is designated as the City's Filing Officer by the State Fair Political Practices Commission (FPPC) and processes Statements of Economic Interests, administers the City's Conflict of Interest Code for designated employees, and receives all campaign filing documents for local candidates, officers, and committees. ● The Office of the City Clerk facilitated and provided minutes for twenty-two (22) regular City Council meetings and three (3) Special City Council meetings.
● The Office of the City Clerk facilitated the transition to in-person City Council meetings while maintaining virtual public comment and remote viewing capabilities for the public. ● The Office of the City Clerk oversaw upgrades to Council Chambers technology. ● The Office of the City Clerk updated the Public Records Act process including online virtual processing through the City's website.
82 CITY OF

NEVADA CITY

CITY CLERK
BUDGET
FY 2023-24
Key Projects and Future Initiatives
● In coordination with the City Clerk, by November 30, 2023, present options for implementing City Councilmember pay ● By November 30, 2023, present options to the City Manager for public records request software acquisition. stipend consistent with California law in FY 2024-25.
● By March 31, 2024, develop a transition plan from elected to appointed City Clerk functions with approval from the City Manager.
83 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 2,603 1,292 1,292 1,292 - 0%
Maintenance & Operations - - - 5,500 5,500 N/A
Capital Outlay - - - - - 0%
TOTAL 2,603 1,292 1,292 6,792 5,500 426%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 2,603 1,292 1,292 6,792 5,500 426%
TOTAL 2,603 1,292 1,292 6,792 5,500 426%
Increase/
(Decrease)
BUDGET
FY 2023-24

CITY CLERK

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
84 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 2,418 1,200 1,200 1,200 - 0%
Social Security 185 92 92 92 - 0%
TOTAL PERSONNEL 2,603 1,292 1,292 1,292 - 0%

MAINTENANCE & OPERATIONS
Office Supplies - - - - - 0%
Printing and Advertising - - - - - 0%
Dues/Subscriptions/Publications - - - - - 0%
Conferences and Meetings - - - 500 500 N/A
Training and Development - - - 5,000 5,000 N/A
TOTAL MAINT. & OPERATIONS - - - 5,500 5,500 N/A
TOTAL CITY CLERK 2,603 1,292 1,292 6,792 5,500 426%
BUDGET
FY 2023-24

CITY CLERK

DEPARTMENTAL DETAIL
Increase/
(Decrease)
85 CITY OF

NEVADA CITY
Finance Division
Human Resources Division
$5,5000,000 in payments.
● The Finance and Administration team processed more than $3,000,000 in payroll.

The Human Resources Division is responsible for providing personnel services to all City employees and the public. The Division’s responsibilities include recruitments, payroll, benefits administration, leave management, worker’s compensation, and general liability risk management. Human Resources also provides technical assistance to the City Manager in labor relations, classifications, and compensation.

Description
BUDGET
FY 2023-24

FINANCE AND ADMINISTRATION
The Finance Division is responsible for financial management planning support, including periodic analysis, development of the City's operating budget, and assisting the Public Works Department in preparing the Five-Year Capital Improvement Program. The Division also administers the fiscal affairs of the City through maintenance of a general ledger; production of financial reports; collection and posting of revenues; payment of and accounting for obligations; payroll; preparation of the Comprehensive Annual Financial Report (CAFR); preparation of other financial reports, such as the State Controller's Reports; and maintaining custody and investment management of all City funds in accordance with State law and the City Investment Policy.

Prior Year Accomplishments
● The Finance and Administration team processed more than $6,000,000 in revenue and disbursed more than ● Finance and Administration partnered with the City Manager to deliver an on-time budget for fiscal year 2022-23. ● Finance and Administration overcame the audit backlog completing the fiscal year 2020-21 audit in 2022.

January 2023.
● Finance and Administration initiated the fiscal year 2021-22 audit with a site-visit by the auditing team scheduled for ● The Finance and Administration team onboarded 24 new full and part-time employees. ● The Chief Financial Officer issued a Request for Proposal for new enterprise financial software to be acquired using secure grant funds in 2023.
86 CITY OF

NEVADA CITY
Key Projects and Future Initiatives
● Addressing the Infrastructure Strategic Initiative Goal #5, in coordination with the City Engineer, by November 30, 2023, establish a process for Committee and City Council review of the CIP and prioritization of projects. ● Addressing the embedded Technology Strategic Initiative, by adoption of the FY 2024-25 budget transition fully to the new ERP software for finance and related activities.
development of a grants pursuit master plan and grants calendar. ● Addressing Water Strategic Initiative Goal #4, by January 31, 2024, award a bid for grant writing firms to include the BUDGET
FY 2023-24

FINANCE AND ADMINISTRATION
● Addressing the embedded Climate Strategic Initiative, by November 30, 2023, award a bid for the implementation of a new city website with integration into the new ERP software. ● Addressing the embedded Technology Initiative, in conjunction with the Stakeholder Communications Plan where applicable, assess the needs of the community in implementing the new city website in the first quarter of calendar year 2024.
● Addressing Water Strategic Initiative Goal #4, in coordination with Water/Wastewater and the City Engineer, by June 30, 2024, complete a water and wastewater rate study, using California Water Board funding where possible, for consideration of the City Council.
● Addressing Parks Strategic Initiative Goal #2, in coordination with Parks and Recreation, by June 30, 2024, transition parks related billing and facility rentals into the new city website and ERP system including the ability to take credit card holds as deposit in lieu of cash or check management.
● In coordination with Human Resources, by September 30, 2023, present recommendations for expanded healthcare options to the City Council.
year budget.
● Recruit and on-board the new positions within the FY 2023-24 budget with dates as outlined by the City Manager. ● Maintain payroll records aligned with the requirement of the Proposition 64 Cohort 3 Grant award throughout the fiscal 87 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 355,034 412,943 412,943 790,440 377,497 91%
Maintenance & Operations 186,475 150,755 150,755 246,330 95,575 63% Capital Outlay (208,868) (207,812) (207,812) (162,522) 45,290 -22% TOTAL 332,641 355,886 355,886 874,248 518,362 146%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 302,201 355,886 355,886 736,358 380,472 107% ARPA 48 - - - - 0%
PLHA Program 15,000 - - - - 0%
Proposition 64 15,392 - - 137,390 137,390 N/A
Becker - - - 500 500 N/A
TOTAL 332,641 355,886 355,886 874,248 518,362 146%
BUDGET
FY 2023-24

FINANCE AND ADMINISTRATION

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
Increase/
(Decrease)
-40%
-20%
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
88 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 247,850 291,134 291,134 482,978 191,844 66% Salaries - Non Permanent 508 - - - - 0%
Overtime 5,094 - - - - 0%
Incentive Pay - - - 25,586 25,586 N/A
Social Security 19,856 22,272 22,272 38,905 16,633 75%
Workers' Compensation 2,342 3,284 3,284 1,589 (1,695) -52% Health Insurance 56,023 64,630 64,630 142,317 77,687 120% STD/LTD/Life 1,208 1,863 1,863 1,978 115 6%
Unemployment Insurance - 4,367 4,367 - (4,367) -100%
Cell Allowance 899 - - 4,290 4,290 N/A
Retirement and PERS 21,254 25,394 25,394 92,797 67,403 265% TOTAL PERSONNEL 355,034 412,943 412,943 790,440 377,497 91%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 818 - - - - 0%
Building Repairs and Maintenance 80 2,000 2,000 2,000 - 0% Office Supplies 5,922 5,500 5,500 5,500 - 0%
Telephone 3,132 2,225 2,225 4,500 2,275 102%
Telephone 15,392 - - - - 0%
Printing and Advertising 91 50 50 650 600 1200%
Dues/Subscriptions/Publications 4,432 4,000 4,000 5,500 1,500 38% Electricity and Heating 15,540 15,000 15,000 15,000 - 0% Independent Auditing 7,790 30,000 30,000 30,000 - 0%
Liability Insurance 11,974 10,830 10,830 10,830 - 0%
Maintenance Contract 12,665 10,000 10,000 10,000 - 0%
Outside Service 14,433 15,000 15,000 15,000 - 0%
Outside Service 15,000 - - - - 0%
Equipment Repairs & Maintenance - 250 250 250 - 0%
Conferences and Meetings 364 500 500 500 - 0%
Increase/
(Decrease)
BUDGET
FY 2023-24

FINANCE AND ADMINISTRATION

DEPARTMENTAL DETAIL
89 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Training and Development 679 500 500 1,500 1,000 200%
COVID-19 23,387 - - - - 0%
COVID-19 48 - - - - 0%
Small Tools/Equipment 2,586 2,000 2,000 2,500 500 25%
Small Tools/Equipment - - - 44,900 44,900 N/A
Attorney 10,112 - - - - 0%
Auto Allowance 25 - - - - 0%
Other Personnel 27,048 13,000 13,000 13,000 - 0%
Late Charge 1,028 100 100 300 200 200%
Miscellaneous Expenses - 300 300 300 - 0%
Miscellaneous Expenses - - - 500 500 N/A
Office Expense 258 - - - - 0%
State/County Fees 225 31,000 31,000 31,000 - 0%
Postage 3,674 3,500 3,500 3,500 - 0%
Repairs and Maintenance/IT 9,772 5,000 5,000 5,000 - 0% Repairs and Maintenance/IT - - - 44,100 44,100 N/A
TOTAL MAINT. & OPERATIONS 186,475 150,755 150,755 246,330 95,575 63%

CAPITAL OUTLAY
Capital Outlay - - - 48,390 48,390 N/A
Fixed Assets - 8,100 8,100 5,000 (3,100) -38%
A87 Cost Allocation (208,868) (215,912) (215,912) (215,912) - 0% TOTAL CAPITAL OUTLAY (208,868) (207,812) (207,812) (162,522) 45,290 -22% TOTAL FINANCE AND ADMIN 332,641 355,886 355,886 874,248 518,362 146%

FINANCE AND ADMINISTRATION

DEPARTMENTAL DETAIL
Increase/
(Decrease)
BUDGET
FY 2023-24
90 CITY OF

NEVADA CITY
● In coordination with Parks and Recreation, by March 31, 2024, develop a shared use agreement for the 7-Hills Middle School turf conversion and public park project.
the City Council with option for the timing, formation, and mission of a Nevada City Arts Commission. ● Addressing the Vibrancy Strategic Initiative Goal #6, in coordination with the City Attorney, by March 31, 2024, present ● The City Attorney and City Attorney's Office supported the City and staff through a City Council election.

Key Projects and Future Initiatives
● In coordination with the City Manager, by November 30, 2023, provide the requisite resolutions for the City Council to call for an election of City Council seats with terms ending in 2024 for the March 2024 election.

BUDGET
FY 2023-24

CITY ATTORNEY
The City Attorney and those attorneys assigned to the City Attorney’s Office serve as legal counsel to the entire City government, including the City Council, the Planning Commissions, and all City Departments. The Office also represents City employees in their official capacities and acts as the City Prosecutor. The City Attorney reports directly to the City Council, operates as part of the City's management team to assist in transaction matters, and assures efficient operations consistent with the law. The City Attorney's client is the City itself, not any one resident. As a result, the City Attorney's Office does not represent or provide direct legal advice to City residents. City Attorney services are provided under contract with Jones and Mayer and include the City Attorney, Assistant City Attorneys, and specialists in the various fields of municipal law.

Description
Prior Year Accomplishments
● The City Attorney supported the City Council through the transition from an interim to a permanent City Manager appointment.
and City Council Committee meetings throughout 2022 both through remote and in-person means. ● The City Attorney and City Attorney's Office supported the City and staff through a voter initiative special election. ● The City Attorney and City Attorney's Office supported the City Council meetings, Planning Commission Meetings, 91 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel - - - - - 0%
Maintenance & Operations 133,323 132,175 132,175 132,175 - 0% Capital Outlay - - - - - 0%
TOTAL 133,323 132,175 132,175 132,175 - 0%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 133,323 132,175 132,175 132,175 - 0%
TOTAL 133,323 132,175 132,175 132,175 - 0%
BUDGET
FY 2023-24

CITY ATTORNEY

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
Increase/
(Decrease)
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
92 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

MAINTENANCE & OPERATIONS
Office Supplies 29 100 100 100 - 0%
Dues/Subscriptions/Publications - 1,100 1,100 1,100 - 0% Outside Service 20 - - - - 0%
Training and Development 850 850 850 - 0%
COVID-19 15,525 - - - - 0%
Attorney 116,786 130,000 130,000 130,000 - 0%
Medical Cannabis 963 - - - - 0%
Repairs and Maintenance/IT - 125 125 125 - 0%
TOTAL MAINT. & OPERATIONS 133,323 132,175 132,175 132,175 - 0% TOTAL CITY ATTORNEY 133,323 132,175 132,175 132,175 - 0% BUDGET
FY 2023-24

CITY ATTORNEY

DEPARTMENTAL DETAIL
Increase/
(Decrease)
93 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel - - - - - 0%
Maintenance & Operations 66,688 50,200 50,200 176,800 126,600 252% Capital Outlay - - - - - 0%
TOTAL 66,688 50,200 50,200 176,800 126,600 252%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 66,688 50,200 50,200 66,800 16,600 33%
Proposition 64 - - - 110,000 110,000 N/A
TOTAL 66,688 50,200 50,200 176,800 126,600 252%
Increase/
(Decrease)
BUDGET
FY 2023-24

COMMUNITY AGENCY

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
The Community Agency was established as a department within the City budget to provide transparency in the City’s allocation of funding for community service organizations, cultural and historical activities, community events and other activities in which the City Council determines there is a public interest. The Community Agency budget is administered by the City Manager.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
94 CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

MAINTENANCE & OPERATIONS
Building Repairs and Maintenance 158 - - - - 0%
Telephone 718 650 650 900 250 38%
Electricity and Heating 11,797 7,500 7,500 8,500 1,000 13% Water 1,080 750 750 1,100 350 47%
Outside Service 3,715 1,300 1,300 1,300 - 0%
Outside Service - - - 15,000 15,000 N/A
Miscellaneous Expenses 5,000 - - - - 0%
State/County Fees 57 - - - - 0%
Agency Contributions 44,163 40,000 40,000 55,000 15,000 38% Agency Contributions - - - 95,000 95,000 N/A
TOTAL MAINT. & OPERATIONS 66,688 50,200 50,200 176,800 126,600 252% TOTAL COMMUNITY AGENCY 66,688 50,200 50,200 176,800 126,600 252% BUDGET
FY 2023-24

COMMUNITY AGENCY

DEPARTMENTAL DETAIL
Increase/
(Decrease)
95 CITY OF

NEVADA CITY
Program FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Fire Department 1,510,881 1,239,338 1,239,338 1,375,768 136,430 11% Police Department 1,878,056 3,128,521 3,128,521 3,092,461 (36,060) -1% TOTAL 3,388,937 4,367,858 4,367,858 4,468,229 100,371 2% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 2,553,176 3,396,298 3,396,298 3,561,213 164,915 5% Supplemental Law Enforcement 16,816 400,000 400,000 100,000 (300,000) -75% Measure C 601,645 571,560 571,560 696,516 124,956 22%
ARPA 48 - - - - 0%
Proposition 64 217,252 - - 110,500 110,500 N/A
TOTAL 3,388,937 4,367,858 4,367,858 4,468,229 100,371 2% FY 2023-24
BUDGET

PUBLIC SAFETY

APPROPRIATIONS BY PROGRAM
Increase/
(Decrease)
Increase/
(Decrease)
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Police Department
Fire Department
96 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 1,652,769 2,421,026 2,421,026 2,573,798 152,772 6% Maintenance & Operations 1,444,628 1,385,131 1,385,131 1,467,730 82,599 6% Capital Outlay 291,540 561,701 561,701 426,701 (135,000) -24% TOTAL 3,388,937 4,367,858 4,367,858 4,468,229 100,371 2% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 2,553,176 3,396,298 3,396,298 3,561,213 164,915 5% Supplemental Law Enforcement 16,816 400,000 400,000 100,000 (300,000) -75% Measure C 601,645 571,560 571,560 696,516 124,956 22%
ARPA 48 - - - - 0%
Proposition 64 217,252 - - 110,500 110,500 N/A
TOTAL 3,388,937 4,367,858 4,367,858 4,468,229 100,371 2% Increase/
(Decrease)
FY 2023-24

PUBLIC SAFETY

APPROPRIATIONS BY EXPENDITURE TYPE
Increase/
(Decrease)
BUDGET
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Personnel
Maintenance & Operations
97 CITY OF

NEVADA CITY
The Fire Department is responsible for meeting the day-to-day fire, rescue, and medical emergency response needs of the residents and visitors to Nevada City. The Fire Department also provides for risk reduction through development and building plans review and approval, regular inspections of mandated and permitted businesses, and safety education programs with community partners and parcels to seek compliance with the City’s vegetation management ordinance.

Nevada City contracts with the City of Grass Valley for the emergency response function including the staffing of the Nevada City fire station. The City retains its own employee, a Fire Division Chief, for the implementation of community risk reduction, plan review, and all inspection practices.

Prior Year Accomplishments
● Division Chief Goodspeed initiated a new parcel inspection for hazardous vegetation and performed 1,801 parcel BUDGET
FY 2023-24

PUBLIC SAFETY

FIRE DEPARTMENT
Description
inspections (essentially all parcels in the City).
● Through grant funding the Nevada City Fire Department, with Public Works, acquired a masticator and provided 50 acres of fuels mitigation within the City including:
○ Nevada City Airport property
○ Areas adjacent to the Indian Trails Sub-Division properties ○ Nevada City Slivers properties, water, and wastewater treatment facilities ○ Area near Dorsey overcrossing for the Grass Valley fireworks shoot (in cooperation with Grass Valley) ● Division Chief Goodspeed initiated a new citywide fire prevention business inspection program. ● A Limited Advanced Life Support (LALS) program was implemented on Nevada City/Grass Valley fire engines by the Grass Valley/Nevada City Fire Department.
● The Grass Valley/Nevada City Fire Department employed 31 full-time equivalent employees including eight (8) overhead or staff officers and twenty-three (23) line staff or personnel assigned to the fire engines. ● The Grass Valley/Nevada City Fire Department promoted three (3) firefighters to engineer, hired one (1) lateral fire ● The Grass Valley/Nevada City Fire Department completed a total of 5,493 hours of training in 2022. captain, and hired four (4) new firefighters in 2022.
98 CITY OF

NEVADA CITY
BUDGET
FY 2023-24

PUBLIC SAFETY

FIRE DEPARTMENT
● Addressing the Fire Strategic Initiative Goal #1, by June 30, 2024, conduct defensible space inspections on all parcels in the city and business inspections on all businesses within the city. ● Addressing the Fire Strategic Initiative Goal #3, by March 31, 2024, present the City Council with the recommendations Key Projects and Future Initiatives
● Addressing the Fire Strategic Initiative Goal #6, by October 31, 2023, engage the vendor selected by the County of Nevada for the development of a countywide CWPP to develop a city annex to the countywide document and utilize the Fire Safety Advisory Committee as the point of public contact for the process. ● Addressing the Fire Strategic Initiative Goal #2, in coordination with the City Manager, by October 31, 2023, recruit, hire, onboard, and integrate the new Community Risk Reduction and Outreach position into City processes including the work of the Fire Safety Advisory Committee.
of the Fire Safety Advisory Committee for the development of programs in support of the voluntary compliance with the City's vegetation management and defensible space ordinance. 99 CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 298,031 260,692 260,692 260,273 (419) 0%
Maintenance & Operations 991,511 947,146 947,146 973,995 26,849 3% Capital Outlay 221,339 31,500 31,500 141,500 110,000 349% TOTAL 1,510,881 1,239,338 1,239,338 1,375,768 136,430 11% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 811,477 793,263 793,263 697,346 (95,917) -12% Measure C 482,152 446,075 446,075 568,422 122,347 27%
Proposition 64 217,252 - - 110,000 110,000 N/A
TOTAL 1,510,881 1,239,338 1,239,338 1,375,768 136,430 11% BUDGET
FY 2023-24

PUBLIC SAFETY

FIRE DEPARTMENT
Increase/
(Decrease)
Increase/
(Decrease)
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
100

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 118,556 129,273 129,273 133,530 4,257 3% Social Security 8,371 9,998 9,998 10,215 217 2%
Workers' Compensation 19,269 49,502 49,502 11,434 (38,068) -77% Workers' Compensation 12,464 - - - - 0%
Health Insurance 25,597 - - 31,855 31,855 N/A
STD/LTD/Life 364 - - 544 544 N/A
STD/LTD/Life 17 - - - - 0%
Uniform Allowance 750 - - 1,000 1,000 N/A
Cell Allowance 480 552 552 650 98 18%
Retirement and PERS 112,163 71,367 71,367 71,045 (322) 0% TOTAL PERSONNEL 298,031 260,692 260,692 260,273 (419) 0%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 107 - - - - 0%
Telephone 191 - - - - 0%
Gas and Oil 75 - - - - 0%
Dues/Subscriptions/Publications 100 - - - - 0%
Electricity and Heating 6,701 - - - - 0%
Water 322 - - - - 0%
Debt Service - Principal - 17,380 17,380 19,573 2,193 13% Debt Service - Principal 36,164 17,380 17,380 19,573 2,193 13% Debt Service - Interest - 7,443 7,443 5,250 (2,193) -29% Debt Service - Interest 13,481 7,443 7,443 5,250 (2,193) -29% Liability Insurance 35,454 - - - - 0%
Liability Insurance (1,226) - - - - 0%
Outside Service 439,711 473,748 473,748 - (473,748) -100% Outside Service 421,252 421,252 421,252 - (421,252) -100% Training and Development 32 2,500 2,500 2,500 - 0%
COVID-19 4,321 - - - - 0%
BUDGET
FY 2023-24

PUBLIC SAFETY

FIRE DEPARTMENT
Increase/
(Decrease)
101

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Broadcast Dispatch 6,036 - - - - 0%
Small Tools/Equipment 26,320 - - - - 0%
Other Personnel 34 - - - - 0%
Open Space 1,207 - - - - 0%
State/County Fees 85 - - - - 0%
Sharing Agreement - - - 378,250 378,250 N/A
Sharing Agreement - - - 543,600 543,600 N/A
Postage 900 - - - - 0%
Repairs and Maintenance/IT 244 - - - - 0%
TOTAL MAINT. & OPERATIONS 991,511 947,146 947,146 973,995 26,849 3%

CAPITAL OUTLAY
Fixed Assets 190,932 - - 110,000 110,000 N/A
A87 Cost Allocation 30,407 31,500 31,500 31,500 - 0%
TOTAL CAPITAL OUTLAY 221,339 31,500 31,500 141,500 110,000 349% TOTAL FIRE DEPARTMENT 1,510,881 1,239,338 1,239,338 1,375,768 136,430 11% BUDGET
FY 2023-24

PUBLIC SAFETY

FIRE DEPARTMENT
Increase/
(Decrease)
102

CITY OF

NEVADA CITY
Prior Year Accomplishments
● The City Council voted to retain and enhance the Nevada City Police Department. ● The Police Department began transition to a Community Oriented Policing model.

Services Officer.
● Two new patrol vehicles using police specific funds with no impact to the general fund were purchased by the Police Department in 2022.
● The Police Department implemented a smoking education and enforcement program in the historic downtown where smoking and vaping are prohibited.
● The Police Department was successful in receiving a Proposition 47 grant award to support the smoking education ● The Police Department established a process for sound level monitoring for special events. ● General 2022 enforcement statistics include:
○ Effected 225 arrests
BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
Description
The Police Department provides efficient and effective police services to the community by promoting a safe environment and improved quality of life through a police-community partnership. The Police Department provides primary law enforcement services including response, traffic enforcement, and criminal investigation. The Police Department is also responsible for parking enforcement, code enforcement, cannabis enforcement, Alcoholic Beverage Control (ABC) license compliance, evidence management, special event coordination, quality of life outreach and enforcement, coordination of POST required training, recruitment and retention of Reserve Officers, Interns and volunteers, and the coordination of Neighborhood Watch activities.
● The Police Department hired three (3) Police Officers, one (1) Records Coordinator, and one (1) Community and enforcement program.
● The Police Department created a data collection and reporting method for speed challenges and enforcement at locations throughout the City.
○ Completed 673 police reports
○ Executed a large catalytic converter theft case with four arrests ○ Seized over 1½ pounds of methamphetamine during execution of a search warrant 103

CITY OF

NEVADA CITY
BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
Key Projects and Future Initiatives
● Addressing the Business Strategic Initiative Goal #3, in coordination with the City Manager, by November 30, 2023, advance industry recommended changes to the city cannabis ordinance through the Committee and City Council. ● Addressing Business Strategic Initiative Goal #1, implement the vacant storefronts mitigation program aligned with the newly adopted vacant storefronts ordinance with report to the Committee at mid-year budget. ● By September 30, 2024, implement the Prop 64 funded school and park resource officer program and measure effectiveness of the program for quarterly reporting.
● By September 30, 2024, implement the Prop 64 funded school cannabis education program and measure effectiveness of the program for quarterly reporting.
● By December 31, 2023 integrate the new Police K-9 program into local and regional operations. 104

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 1,354,738 2,160,335 2,160,335 2,313,525 153,190 7% Maintenance & Operations 453,117 437,985 437,985 493,735 55,750 13% Capital Outlay 70,201 530,201 530,201 285,201 (245,000) -46% TOTAL 1,878,056 3,128,521 3,128,521 3,092,461 (36,060) -1% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 1,723,379 2,603,036 2,603,036 2,596,627 (6,409) 0% Supplemental Law Enforcement 16,816 400,000 400,000 100,000 (300,000) -75% Measure C 119,493 125,485 125,485 128,094 2,609 2%
ARPA 48 - - -
Proposition 64 18,320 - - 267,240 267,240 N/A
Becker - - - 500 500 N/A
TOTAL 1,878,056 3,128,521 3,128,521 3,092,461 (36,060) -1% BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
Increase/
(Decrease)
Increase/
(Decrease)
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
105

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 562,421 1,102,747 1,102,747 1,078,351 (24,396) -2% Salaries - Permanent 63,702 67,202 67,202 72,467 5,265 8% Salaries - Permanent - - - 80,388 80,388 N/A
Salary Reimbursement - (76,952) (76,952) (76,952) - 0%
Salaries - Non Permanent 35,862 80,000 80,000 45,000 (35,000) -44% Overtime 82,364 45,000 45,000 38,250 (6,750) -15%
Overtime 12,698 5,040 5,040 3,375 (1,665) -33%
Overtime - - - 3,375 3,375 N/A
Shift Differential 14,895 15,000 15,000 16,931 1,931 13% Shift Differential 125 1,680 1,680 1,812 132 8%
Shift Differential - - - 2,010 2,010 N/A
Court Time - 250 250 250 - 0%
Court Time - 250 250 250 - 0%
Court Time - - - 250 250 N/A
Incentive Pay 29,601 - - 106,859 106,859 N/A
Incentive Pay 251 - - 2,899 2,899 N/A
Incentive Pay - - - 3,216 3,216 N/A
Social Security 56,073 100,631 100,631 97,319 (3,312) -3% Social Security 5,972 5,693 5,693 5,904 211 4%
Social Security - - - 6,549 6,549 N/A
Benefit Reimbursement - (48,048) (48,048) (48,048) - 0% Deferred Compensation - - - 1,300 1,300 N/A
Workers' Compensation 81,436 104,494 104,494 65,934 (38,560) -37% Workers' Compensation 5,165 8,300 8,300 2,948 (5,352) -64% Workers' Compensation - - - 3,270 3,270 N/A
Health Insurance 106,636 300,077 300,077 269,385 (30,692) -10% Health Insurance 21,136 23,284 23,284 25,422 2,138 9%
Health Insurance - - - 25,560 25,560 N/A
Increase/
(Decrease)
BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
106

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
PERSONNEL (Cont.)
STD/LTD/Life 1,451 4,938 4,938 3,852 (1,086) -22%
STD/LTD/Life 177 256 256 262 6 2%
STD/LTD/Life - - - 205 205 N/A
Unemployment Insurance - 19,409 19,409 - (19,409) -100% Unemployment Insurance - 1,110 1,110 - (1,110) -100%
Uniform Allowance 9,340 - - 12,000 12,000 N/A
Uniform Allowance 964 - - - - 0%
Uniform Allowance 500 1,000 1,000 1,000 - 0%
Uniform Allowance - - - 1,000 1,000 N/A
Cell Allowance 683 2,397 2,397 2,340 (57) -2%
Retirement and PERS 255,955 388,171 388,171 440,685 52,514 14% Retirement and PERS 7,331 8,405 8,405 8,490 85 1%
Retirement and PERS - - - 9,417 9,417 N/A
TOTAL PERSONNEL 1,354,738 2,160,335 2,160,335 2,313,525 153,190 7%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 6,452 8,000 8,000 8,000 - 0% Operating Materials and Supplies 257 - - - - 0%
Building Repairs and Maintenance 44 10,000 10,000 10,000 - 0% Office Supplies 1,082 6,250 6,250 6,250 - 0%
Telephone 9,523 8,000 8,000 8,000 - 0%
Telephone 1,125 - - - - 0%
Vehicle Repairs/Maintenance 22,122 8,500 8,500 20,000 11,500 135% Vehicle Repairs/Maintenance 12,841 - - - - 0%
Gas and Oil 29,787 40,000 40,000 40,000 - 0%
Printing and Advertising 34 300 300 300 - 0%
Dues/Subscriptions/Publications 2,620 2,200 2,200 2,200 - 0% Liability Insurance 49,398 50,220 50,220 50,220 - 0%
Liability Insurance (525) 3,265 3,265 3,265 - 0%
Maintenance Contract 7,280 5,000 5,000 6,000 1,000 20%
BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
Increase/
(Decrease)
107

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Outside Service 18,918 12,000 12,000 16,000 4,000 33%
Equipment Repairs & Maintenance 1,844 8,000 8,000 3,500 (4,500) -56% Conferences and Meetings - 500 500 500 - 0%
Training and Development 13,455 15,000 15,000 15,000 - 0% Training and Development - - - 6,000 6,000 N/A
COVID-19 3,959 - - - - 0%
COVID-19 2,961 - - - - 0%
COVID-19 48 - - - - 0%
Broadcast Dispatch 141,074 145,000 145,000 145,000 - 0% Small Tools/Equipment 3,192 30,000 30,000 25,000 (5,000) -17% Small Tools/Equipment 2,754 - - - - 0%
Small Tools/Equipment 17,195 - - 11,000 11,000 N/A
Garbage/Recycle 169 - - - - 0%
Other Personnel 5,345 5,000 5,000 5,000 - 0%
Animal Shelter 27,984 40,000 40,000 40,000 - 0%
Miscellaneous Expenses 32 1,000 1,000 500 (500) -50%
Miscellaneous Expenses - - - 500 500 N/A
Office Expense 6,000 - - - - 0%
State/County Fees 291 - - - - 0%
Postage 183 500 500 500 - 0%
Repairs and Maintenance/IT 10,036 1,000 1,000 1,000 - 0% Ticket Processing 55,637 38,250 38,250 70,000 31,750 83% TOTAL MAINT. & OPERATIONS 453,117 437,985 437,985 493,735 55,750 13% BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
Increase/
(Decrease)
108

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

CAPITAL OUTLAY
Fixed Assets - 60,000 60,000 - (60,000) -100%
Fixed Assets - 400,000 400,000 100,000 (300,000) -75%
Fixed Assets - - - 115,000 115,000 N/A
A87 Cost Allocation 70,201 70,201 70,201 70,201 - 0%
TOTAL CAPITAL OUTLAY 70,201 530,201 530,201 285,201 (245,000) -46% TOTAL POLICE DEPARTMENT 1,878,056 3,128,521 3,128,521 3,092,461 (36,060) -1% BUDGET
FY 2023-24

PUBLIC SAFETY

POLICE DEPARTMENT
Increase/
(Decrease)
109

CITY OF

NEVADA CITY
BUDGET
FY 2023-24

PLANNING
The Planning function includes the Planning Department and the Planning Commission. Activities include current and advanced planning, review of building plans, issuance of permits, and inspection of construction.

Prior Year Accomplishments
Description
● The City Planner facilitated ten (10) Planning Commission Meetings and eight (8) Special Planning Commission ○ Architectural Review Applications: 34
income residential units.
workshops. They included:
● The City Planner the Outdoor Dining in the Right-of-Way Ordinance which was approved by the City Council. ● The City Planner facilitated the completion of Annexation 57 for Nevada City. ● The City Planner established the Objective Design Standards Ordinance which was approved by the Planning Commission and City Council.
● The City Planner supported the completion of the Commercial Street project. ● The City Planner supported the completion of the Cashin's Field project which was completed including 51 low- ○ Public Hearing Projects (CUPs, Variances, etc.): 8
○ Cannabis Business Permits: 3
● Two lot splits under the provisions of SB 9 were completed by the Planning Department. 110

CITY OF

NEVADA CITY
BUDGET
FY 2023-24

PLANNING
Key Projects and Future Initiatives
present a public art ordinance and public art policy for consideration of the Committee and City Council. ● Addressing Housing Strategic Initiative Goal #3, By December 31, 2023, apply for funding to develop an ADU design ● Addressing Infrastructure Strategic Initiative Goal #7, by November 30, 2023, present options to the Committee on the and implement upon funding.
● Addressing Housing Strategic Initiative Goal #4, by December 31, 2023, apply for funding to develop a pre-approved architectural review and implement upon funding.
● Addressing Housing Strategic Initiative Goal #5, by March 31, 2024, develop a needs analysis survey instrument to be implemented with data collection to occur by the beginning of the 2024/2025 fiscal year. ● Addressing Housing Strategic Initiative Goal #3, in coordination with the City Manager, by December 31, 2023, apply for funding to develop a 7-Hills Revitalization Plan and implement upon funding. development, cost, and process for a Climate Adaptation and Resiliency Plan. ● Addressing the Vibrancy Strategic Initiative Goal #2, in coordination with the City Manager, by August 30, 2023, 111

CITY OF

NEVADA CITY
Program FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Planning Department 203,277 253,235 253,235 264,448 11,213 4% Planning Commission 6,077 5,827 5,827 6,427 600 10%
TOTAL 209,354 259,062 259,062 270,875 11,813 5%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 209,354 259,062 259,062 270,875 11,813 5%
TOTAL 209,354 259,062 259,062 270,875 11,813 5%
Increase/
(Decrease)
BUDGET
FY 2023-24
Increase/
(Decrease)

PLANNING

APPROPRIATIONS BY PROGRAM
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Planning Department
Planning Commission
112

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 130,828 149,399 149,399 160,612 11,213 8%
Maintenance & Operations 59,748 90,885 90,885 91,485 600 1% Capital Outlay 18,778 18,778 18,778 18,778 - 0%
TOTAL 209,354 259,062 259,062 270,875 11,813 5%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 209,354 259,062 259,062 270,875 11,813 5%
TOTAL 209,354 259,062 259,062 270,875 11,813 5%
BUDGET
Increase/
(Decrease)
Increase/
(Decrease)

PLANNING

APPROPRIATIONS BY EXPENDITURE TYPE
FY 2023-24
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
113

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 130,828 149,399 149,399 160,612 11,213 8%
Maintenance & Operations 54,138 85,525 85,525 85,525 - 0% Capital Outlay 18,311 18,311 18,311 18,311 - 0%
TOTAL 203,277 253,235 253,235 264,448 11,213 4%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 203,229 253,235 253,235 264,448 11,213 4%
ARPA 48 - - - - 0%
TOTAL 203,277 253,235 253,235 264,448 11,213 4%
BUDGET
The Planning Department, comprised of the City Planner, is responsible to guide the planned physical development of the City in a manner that enhances the quality of life for residents, businesses, and other community members. The Planning Department is responsible for maintaining and improving community character with respect to the City’s history, preserving the environment, and providing for and maintaining a strong economic and employment base. The Planning Department is responsible for the City’s General Plan, Zoning Ordinance, and Housing Plan. The Planning Department provides staff support to the Planning Commission and City Council in support of community development. The Planning Department oversees the day-to-day coordination with the contracted Building Official.

FY 2023-24

PLANNING

PLANNING DEPARTMENT
Increase/
(Decrease)
Increase/
(Decrease)
Description
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
114

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 90,994 101,003 101,003 102,329 1,326 1% Incentive Pay - - - 1,230 1,230 N/A
Social Security 6,750 7,727 7,727 7,922 195 3%
Workers' Compensation 707 886 886 324 (562) -63%
Health Insurance 23,060 27,760 27,760 28,502 742 3%
STD/LTD/Life 234 327 327 295 (32) -10%
Unemployment Insurance - 1,515 1,515 - (1,515) -100%
Retirement and PERS 9,083 10,181 10,181 20,010 9,829 97% TOTAL PERSONNEL 130,828 149,399 149,399 160,612 11,213 8%

MAINTENANCE & OPERATIONS
Office Supplies 32 200 200 200 - 0%
Printing and Advertising 1,768 250 250 250 - 0%
Dues/Subscriptions/Publications - 100 100 100 - 0%
Liability Insurance 3,991 3,975 3,975 3,975 - 0%
Outside Service 47,746 50,000 50,000 50,000 - 0%
Conferences and Meetings 140 - - - - 0%
Training and Development 90 - - - - 0%
COVID-19 48 - 0%
Building Inspections - 25,000 25,000 25,000 - 0%
Medical Cannabis - 6,000 6,000 6,000 - 0%
Repairs and Maintenance/IT 323 - - - - 0%
TOTAL MAINT. & OPERATIONS 54,138 85,525 85,525 85,525 - 0%

CAPITAL OUTLAY
A87 Cost Allocation 18,311 18,311 18,311 18,311 - 0%
TOTAL CAPITAL OUTLAY 18,311 18,311 18,311 18,311 - 0%
TOTAL PLANNING DEPARTMENT 203,277 253,235 253,235 264,448 11,213 4% BUDGET
FY 2023-24

PLANNING

PLANNING DEPARTMENT
Increase/
(Decrease)
115

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel - - - - - 0%
Maintenance & Operations 5,610 5,360 5,360 5,960 600 11% Capital Outlay 467 467 467 467 - 0%
TOTAL 6,077 5,827 5,827 6,427 600 10%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 6,077 5,827 5,827 6,427 600 10%
TOTAL 6,077 5,827 5,827 6,427 600 10%

PLANNING

PLANNING COMMISSION
BUDGET
FY 2023-24
The Planning Commission acts as an advisory board to the City Council on all planning and development issues; assures that the general plan is implemented by reviewing development applications on a case by-case basis; functions as the decision-making body for housing and commercial project applications for new construction, remodels, and conditional use permits; and reviews the City’s Capital Improvement Program (CIP) for consistency with the General Plan. The Planning Commission consists of five Commissioners appointed by each of the five Councilmembers serving the same length of terms as the Councilmember that appointed them. A chair and vice-chair are appointed by the members of the Planning Commission. The Planning Commission is advisory to the City Council through their actions as reported by the City Planner to the City Council.

Description
Increase/
(Decrease)
Increase/
(Decrease)
86%
88%
90%
92%
94%
96%
98%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Personnel
Maintenance & Operations
116

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

MAINTENANCE & OPERATIONS
Operating Materials and Supplies - 50 50 50 - 0%
Office Supplies 32 50 50 50 - 0%
Telephone 177 200 200 800 600 300%
Printing and Advertising 797 1,200 1,200 1,200 - 0%
Dues/Subscriptions/Publications 550 - - - - 0%
Maintenance Contract - 300 300 300 - 0%
Outside Service 3,599 3,360 3,360 3,360 - 0%
Medical Cannabis 455 - - - - 0%
Repairs and Maintenance/IT - 200 200 200 - 0%
TOTAL MAINT. & OPERATIONS 5,610 5,360 5,360 5,960 600 11%

CAPITAL OUTLAY
A87 Cost Allocation 467 467 467 467 - 0%
TOTAL CAPITAL OUTLAY 467 467 467 467 - 0%
TOTAL PLANNING COMMISSION 6,077 5,827 5,827 6,427 600 10% FY 2023-24

PLANNING

PLANNING COMMISSION
Increase/
(Decrease)
BUDGET
117

CITY OF

NEVADA CITY
BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS
The Engineering and Public Works Department provides planning, design, construction, and maintenance of City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure. The Engineering and Public Works Department is responsible for the development of the City’s Capital Improvement Program (CIP) and coordinates with external transportation and utility agencies to promote orderly development of the City's infrastructure. The Engineering and Public Works Department coordinates the impact of private development with the Planning Department.

Description
● Engineering led the design effort for the replacement of the Old Mill Building at the Public Works yard that was Prior Year Accomplishments
● The City Engineer was successful in receiving a Highway Bridge Program (HBP) grant award for replacement of the Nevada Street Bridge with a federal award of $5,814,650. The construction activities will be phased over 2023 sources including:
● Engineering facilitated the completion of the Commercial Street project which included $637,500 of external funding and 2024.
○ $300,000 State funds SB 1 Local Partnership Program (CTC) ○ $92,000 Regional Surface Transportation Funds (NCTC)
amount anticipated in excess of $500,000.
○ $61,500 Local Transportation Fund - Pedestrian/Bike (NCTC) ● The City Engineer led the mitigation and recovery efforts from the December 2021/January 2022 storm event ○ $184,000 State funds SB 1 RMRA (CTC)
including $715,000 in California Office of Emergency Services expense reimbursements to the City with $100,000 of reimbursement still pending.
● The City Engineer led the design effort for the replacement of the Old Mill Building at the Public Works yard that was destroyed in the winter storms. The replacement building will be constructed in 2023 with a reimbursable destroyed in the winter storms. The replacement building will be constructed in 2023 with a reimbursable amount anticipated in excess of $500,000.
● Public Works staff led the storm recovery efforts in early 2022. ● Engineering coordinated the work of the consulting team conducting the City's traffic demand study which is anticipated to be completed in the first quarter of 2023. 118

CITY OF

NEVADA CITY
preparation effort in late 2022 that blunted the overall impact of historically significant rain and wind that impacted Nevada City and the region in December of 2022.
● Addressing the Infrastructure Strategic Initiative Goal #1, in coordination with the City Manager and Parks and Recreation, By June 30, 2024, upon recommendation of the Committee, present the City Council the previously ● In coordination with the City Manager and Parks and Recreation, by March 31, 2024, in coordination with the Nevada City School District, develop a design and bid package for the Prop 64 funded tur field conversion and public park at 7-Hills Middle School.

BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS
Prior Year Accomplishments (continued)
● Learning from the challenges throughout the region, the Public Works staff led a coordinated and successful storm ● Public Works began the process of replacing City street signs with the new design approved by the City Council in 2022.
● Public Works acquired, installed, and trained staff on the use of an emergency generator for City Hall that can maintain City services when power is out.
● A new tree well to receive and secure the annually placed Christmas tree in Robinson Plaza was designed and constructed by in-house Public Works talent.
● 50 miles of water and sewer pipes as old as 160 years were maintained and/or repaired by Public Works staff. a process for Committee and City Council review of the CIP and prioritization of projects. ● Addressing the Infrastructure Strategic Initiative Goal #2, by November 30, 2023, use the completed Parking Demand Study to develop comprehensive parking, metering, and rates recommendations for consideration of the Committee and ● Addressing the Infrastructure Strategic Initiative Goal #5, in coordination with Finance, by November 30, 2023, establish the City Council.

Key Projects and Future Initiatives
considered Old Airport plan as well as potential new options in partnership with Pioneer Community Energy JPA. the City Council.
● Addressing Water Strategic Initiative Goal #4, in coordination with Water/Wastewater and Finance, by June 30, 2024, complete a water and wastewater rate study, using California Waterboard funding where possible, for consideration of 119

CITY OF
NEVADA CITY FY 2023-24

ENGINEERING AND PUBLIC WORKS
Key Projects and Future Initiatives (continued)
● Addressing Water Strategic Initiative Goal #6, by November 30, 2023, implement well sourced irrigation at Pioneer BUDGET
● Addressing both the Fire and Infrastructure Strategic Initiatives, by October 31, 2023, recruit, hire, onboard, and integrate the Fire Fuels Mitigation Equipment Operator position into open space maintenance activities. ● By December 31, 2023, acquire the public works capital, equipment, and supplies approved for funding in the Proposition 64 Cohort 3 grant and place the items in service.

Park.
● Addressing Infrastructure Strategic Initiative Goal #4, by June 30, 2024, develop a mutual aid and assistance by hire agreement for consideration of the City of Grass Valley, County of Nevada and the Nevada Irrigation District (NID). 120

CITY OF

NEVADA CITY
Program FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Public Works 654,727 751,064 861,064 1,019,010 157,946 18% Measure M 1,449,350 383,553 383,553 127,956 (255,597) -67% TOTAL 2,104,077 1,134,617 1,244,617 1,146,966 (97,651) -8% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 653,381 751,064 861,064 897,482 36,418 4%
Gas Tax 1,298 - - - - 0%
ARPA 48 - - - - 0%
Proposition 64 - - - 121,528 121,528 N/A
Measure M 1,449,350 383,553 383,553 127,956 (255,597) -67% TOTAL 2,104,077 1,134,617 1,244,617 1,146,966 (97,651) -8% Increase/
(Decrease)
BUDGET
FY 2023-24
Increase/
(Decrease)

ENGINEERING AND PUBLIC WORKS

APPROPRIATIONS BY PROGRAM
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Measure M
Public Works
121

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 285,299 298,610 298,610 623,026 324,416 109%
Maintenance & Operations 426,802 371,524 371,524 396,457 24,933 7% Capital Outlay 1,391,976 464,483 574,483 127,483 (447,000) -78% TOTAL 2,104,077 1,134,617 1,244,617 1,146,966 (97,651) -8% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 653,381 751,064 861,064 897,482 36,418 4%
Gas Tax 1,298 - - - - 0%
ARPA 48 - - - - 0%
Proposition 64 - - - 121,528 121,528 N/A
Measure M 1,449,350 383,553 383,553 127,956 (255,597) -67% TOTAL 2,104,077 1,134,617 1,244,617 1,146,966 (97,651) -8% Increase/
(Decrease)
BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

APPROPRIATIONS BY EXPENDITURE TYPE
Increase/
(Decrease)
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
122

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 251,898 259,814 259,814 589,827 330,013 127%
Maintenance & Operations 346,640 288,750 288,750 313,683 24,933 9% Capital Outlay 56,189 202,500 312,500 115,500 (197,000) -63% TOTAL 654,727 751,064 861,064 1,019,010 157,946 18%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 653,381 751,064 861,064 897,482 36,418 4%
Gas Tax 1,298 - - - - 0%
ARPA 48 - - - - 0%
Proposition 64 - - - 121,528 121,528 N/A
TOTAL 654,727 751,064 861,064 1,019,010 157,946 18%
BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

PUBLIC WORKS
The Public Works Department also includes the City Engineer who designs and manages construction of infrastructure improvement projects; provides plan review and construction inspection of private development projects; and oversees the City’s real property assets including: City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure.

The City Engineer is responsible for the development of the City’s Capital Improvement Program (CIP).

Increase/
(Decrease)
Increase/
(Decrease)
Description
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
123

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 77,111 135,665 135,665 269,545 133,880 99% Salaries - Permanent - - - 67,440 67,440 N/A
Salaries - Non Permanent 7,668 - - - - 0%
Overtime 7,339 11,270 11,270 7,500 (3,770) -33%
Overtime - - - - - 0%
Overtime - Special 171 1,040 1,040 1,040 - 0%
Other - Special Duty 2,917 3,968 3,968 3,968 - 0%
Incentive Pay 2,064 496 496 3,349 2,853 575%
Incentive Pay - - - 843 843 N/A
Social Security 18,303 11,504 11,504 21,450 9,946 86%
Social Security - - - 5,224 5,224 N/A
Workers' Compensation 24,049 27,343 27,343 21,039 (6,304) -23% Workers' Compensation - - - 8,064 8,064 N/A
Health Insurance 58,357 31,640 31,640 81,386 49,746 157% Health Insurance - - - 25,560 25,560 N/A
STD/LTD/Life 920 938 938 1,282 344 37%
STD/LTD/Life - - - 205 205 N/A
Unemployment Insurance 451 2,283 2,283 - (2,283) -100%
Uniform Allowance - 194 194 870 676 348%
Uniform Allowance - - - 250 250 N/A
Cell Allowance 3,089 1,068 1,068 2,308 1,240 116%
Cell Allowance - - - 650 650 N/A
Retirement and PERS 49,459 32,405 32,405 62,562 30,157 93% Retirement and PERS - - - 5,292 5,292 N/A
TOTAL PERSONNEL 251,898 259,814 259,814 589,827 330,013 127% BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

PUBLIC WORKS
Increase/
(Decrease)
124

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 38,012 30,000 30,000 38,000 8,000 27% Building Repairs and Maintenance 17,949 6,000 6,000 6,000 - 0% Office Supplies 127 800 800 800 - 0%
Telephone 1,343 1,000 1,000 2,000 1,000 100%
Vehicle Repairs/Maintenance 10,812 4,250 4,250 7,000 2,750 65% Gas and Oil 6,585 11,000 11,000 11,000 - 0%
Printing and Advertising 129 150 150 150 - 0%
Dues/Subscriptions/Publications - 1,000 1,000 1,000 - 0% Electricity and Heating 38,549 41,500 41,500 41,500 - 0% Water 72 - - - - 0%
Debt Service - Principal 41,357 42,000 42,000 37,663 (4,337) -10% Debt Service - Interest 5,226 7,200 7,200 1,970 (5,230) -73% Liability Insurance 45,849 35,400 35,400 35,400 - 0%
Maintenance Contract 295 - - - 0%
Outside Service 14,401 47,000 47,000 47,000 - 0%
Equipment Repairs & Maintenance 36,657 10,500 10,500 10,500 - 0% Conferences and Meetings 163 1,000 1,000 1,000 - 0%
Training and Development 680 3,000 3,000 3,000 - 0%
COVID-19 9,408 - - - - 0%
COVID-19 48 - - - - 0%
Rentals - 850 850 850 - 0%
Hose and Hydrants - 500 500 500 - 0%
Tow and Storage - 500 500 500 - 0%
Street Maintenance & Repairs 3,633 10,000 10,000 20,000 10,000 100% Small Tools/Equipment 10,914 4,000 4,000 4,000 - 0%
Engineer Services - 1,500 1,500 1,500 - 0%
Garbage/Recycle 1,147 2,250 2,250 15,000 12,750 567%
Auto Allowance 4 - - - - 0%
Other Personnel 3,710 850 850 850 - 0%
BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

PUBLIC WORKS
Increase/
(Decrease)
125

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Late Charge 58 - - - - 0%
Vandalism 121 - - - - 0%
Open Space - 1,500 1,500 1,500 - 0%
State/County Fees 4,405 5,000 5,000 5,000 - 0%
Gas Street Lights 53,578 20,000 20,000 20,000 - 0%
Gas Street Lights 1,177 - - - - 0%
Postage 9 - - - - 0%
Repairs and Maintenance/IT 222 - - - - 0%
TOTAL MAINT. & OPERATIONS 346,640 288,750 288,750 313,683 24,933 9%

CAPITAL OUTLAY
Capital Outlay - 145,000 255,000 50,000 (205,000) -80%
Capital Outlay - - - 8,000 8,000 N/A
A87 Cost Allocation 56,189 57,500 57,500 57,500 - 0%
TOTAL CAPITAL OUTLAY 56,189 202,500 312,500 115,500 (197,000) -63% TOTAL PUBLIC WORKS 654,727 751,064 861,064 1,019,010 157,946 18% BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

PUBLIC WORKS
Increase/
(Decrease)
126

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 33,401 38,796 38,796 33,199 (5,597) -14%
Maintenance & Operations 80,162 82,774 82,774 82,774 - 0% Capital Outlay 1,335,787 261,983 261,983 11,983 (250,000) -95% TOTAL 1,449,350 383,553 383,553 127,956 (255,597) -67%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Measure M 1,449,350 383,553 383,553 127,956 (255,597) -67% TOTAL 1,449,350 383,553 383,553 127,956 (255,597) -67%
BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

MEASURE M
Measure M is a half-cent sales tax that can be used by the City only to improve and maintain Nevada City’s streets, sidewalks, pathways, drainage, water distribution, and sewer collection systems and for no other purposes.

Increase/
(Decrease)
Increase/
(Decrease)
Description
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
127

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 12,961 15,500 15,500 16,891 1,391 9% Salaries - Non Permanent 639 - - - - 0%
Overtime 783 1,200 1,200 1,200 - 0%
Overtime - Special 12 - - - - 0%
Other - Special Duty 349 450 450 450 - 0%
Incentive Pay - - - 385 385 N/A
Social Security 1,131 1,186 1,186 1,413 227 19%
Workers' Compensation 8,197 8,197 8,197 2,182 (6,015) -73% Health Insurance 4,114 4,114 4,114 5,688 1,574 38%
STD/LTD/Life 74 74 74 119 45 61%
Unemployment Insurance 56 - - - - 0%
Uniform Allowance - - - 118 118 N/A
Cell Allowance - - - 228 228 N/A
Retirement and PERS 5,085 8,075 8,075 4,525 (3,550) -44% TOTAL PERSONNEL 33,401 38,796 38,796 33,199 (5,597) -14%

MAINTENANCE & OPERATIONS
Office Supplies 46 50 50 50 - 0%
Gas and Oil 281 300 300 300 - 0%
Printing and Advertising 257 300 300 300 - 0%
Water 1,920 2,000 2,000 2,000 - 0%
Liability Insurance 2,836 3,124 3,124 3,124 - 0%
Maintenance Contract 59 - - - - 0%
Outside Service 72,693 75,000 75,000 75,000 - 0%
Street Maintenance & Repairs 1,865 2,000 2,000 2,000 - 0% Other Personnel 150 - - - - 0%
Postage 55 - - - - 0%
TOTAL MAINT. & OPERATIONS 80,162 82,774 82,774 82,774 - 0% BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

MEASURE M
Increase/
(Decrease)
128

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

CAPITAL OUTLAY
Capital Outlay 1,323,804 250,000 250,000 - (250,000) -100% A87 Cost Allocation 11,983 11,983 11,983 11,983 - 0%
TOTAL CAPITAL OUTLAY 1,335,787 261,983 261,983 11,983 (250,000) -95% TOTAL MEASURE M 1,449,350 383,553 383,553 127,956 (255,597) -67% BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS

MEASURE M
Increase/
(Decrease)
129

CITY OF

NEVADA CITY
● The Parks and Recreation Department worked with the Landmarks Commission to install a plaque at Hirschman Pond honoring the Jewish mine owner.
● The Parks and Recreation Manager facilitated the City approval of the Lions Club to install two (2) plaques at ● The Parks and Recreation Department worked with the Landmarks Commission and Historical Society to install a plaque at Clampers Corner, honoring the Chinese Railroad Workers.

Pioneer Park on benches that the Club had previously installed. ● New lane lines and covers were acquired for the pool and Parks and Recreation staff supported the first winter swim activity in the City's history.
● The Parks and Recreation Manager coordinated the contract for trails maintenance and Sugarloaf Trail . improvements with the Bear Yuba Land Trust
● The City's Bandshell had twenty-four (24) event dates during 2022. ● Seaman's Lodge had 200 dates of use in 2022.
● The picnic areas had 25 rental dates in 2022.

BUDGET
FY 2023-24

PARKS AND RECREATION
Description
The Parks and Recreation Department provides a system of parks, trails, recreational facilities, programs, and services to enrich the lives of our community members. The Parks and Recreation Department oversees the City’s parks, open space, trails, swimming pool, and museums and their passive and active activities. The Department offers summer programs, recreational classes, facility rentals and support of community events. The Department provides maintenance of the City Pool and coordinates the maintenance of City Parks with Public Works. The Department coordinates joint responsibility of the baseball fields at Pioneer Park with Nevada City Little League.

Prior Year Accomplishments
● The Parks and Recreation Manager participated in regional committees to assist in the development of the County of Nevada Recreation and Resiliency Plan.
130

CITY OF

NEVADA CITY
BUDGET
FY 2023-24

PARKS AND RECREATION
Key Projects and Future Initiatives
● In coordination with City Attorney, by March 31, 2024, develop a shared use agreement for the 7-Hills middle school ● Addressing Parks Strategic Initiative Goal #4, by November 30, 2023, report to the Parks Committee on the and recommended partnership actions between the City and the County as a result of the County Recreation and Resiliency Planning effort.
deposit in lieu of cash or check management.
● Addressing Parks Strategic Initiative Goal #5, by April 30, 2024, review and update the Parks Master Plan document with the Committee to include potential new sites and amenities for inclusion in the fiscal year 2024/2025 budget and CIP process.
conversion and public park project.
● In coordination with the City Manager and City Engineer, by March 31, 2024, in coordination with the Nevada City School District, develop a design and bid package for the Prop 64 funded tur field conversion and public park at 7-Hills Middle School.
● Addressing the Infrastructure Strategic Initiative Goal #1, in coordination with the City Engineer and City Manager, by June 30, 2024, upon recommendation of the Committee, present the City Council the previously considered Old Airport plan as well as potential new options in partnership with Pioneer Community Energy JPA. ● Addressing Parks Strategic Initiative Goal #2, in coordination with Finance, by June 30, 2024, transition parks related billing and facility rentals into the new city website and ERP system including the ability to take credit card holds as 131

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 231,980 393,137 393,137 292,328 (100,809) -26% Maintenance & Operations 193,787 165,455 165,455 173,048 7,593 5% Capital Outlay 126,000 76,561 106,561 1,076,561 970,000 910% TOTAL 551,767 635,153 665,153 1,541,937 876,784 132%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
General Fund 490,957 635,153 665,153 541,937 (123,216) -19% RTP Grant 17,483 - - - - 0%
Proposition 64 - - - 1,000,000 1,000,000 N/A
Proposition 68 60,810 - - - - 0%
TOTAL 569,250 635,153 665,153 1,541,937 876,784 132%
FY 2023-24

PARKS AND RECREATION

DEPARTMENTAL SUMMARY
Increase/
(Decrease)
Increase/
(Decrease)
BUDGET
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
132

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 88,125 132,746 132,746 114,160 (18,586) -14% Salaries - Non Permanent 41,151 78,633 78,633 67,000 (11,633) -15% Overtime 1,607 3,237 3,237 - (3,237) -100%
Overtime - Special 31 299 299 - (299) -100%
Other - Special Duty 655 1,131 1,131 1,131 - 0%
Incentive Pay - 333 333 751 418 126%
Social Security 9,933 23,889 23,889 13,618 (10,271) -43% Workers' Compensation 10,363 20,623 20,623 12,846 (7,777) -38% Workers' Compensation 2,516 - - - - 0%
Health Insurance 31,567 50,023 50,023 43,241 (6,782) -14% STD/LTD/Life 431 777 777 659 (118) -15%
Unemployment Insurance 813 3,170 3,170 - (3,170) -100%
Uniform Allowance - 163 163 240 77 47%
Cell Allowance 481 483 483 1,105 622 129%
Retirement and PERS 44,307 77,630 77,630 37,577 (40,053) -52% TOTAL PERSONNEL 231,980 393,137 393,137 292,328 (100,809) -26%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 5,227 11,350 11,350 6,500 (4,850) -43% Operating Materials and Supplies 201 - - - - 0%
Building Repairs and Maintenance 64 11,500 11,500 4,000 (7,500) -65% Office Supplies 362 300 300 300 - 0%
Telephone 1,002 1,050 1,050 1,500 450 43%
Vehicle Repairs/Maintenance 173 500 500 500 - 0%
Gas and Oil - 100 100 100 - 0%
Printing and Advertising - 2,100 2,100 2,100 - 0%
Dues/Subscriptions/Publications 695 340 340 340 - 0%
Electricity and Heating 65,863 34,000 34,000 52,000 18,000 53% Electricity and Heating 2,000 - - - - 0%
Debt Service - Principal 15,094 16,845 16,845 16,766 (79) 0% Debt Service - Interest 12,194 10,450 10,450 10,522 72 1% Liability Insurance 6,827 6,520 6,520 6,520 - 0%
BUDGET
FY 2023-24

PARKS AND RECREATION

DEPARTMENTAL DETAIL
Increase/
(Decrease)
133

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Outside Service 34,301 20,000 20,000 34,000 14,000 70%
Outside Service 14,577 - - - - 0%
Equipment Repairs & Maintenance 10,261 5,000 5,000 10,000 5,000 100% Conferences and Meetings 93 750 750 750 - 0%
Training and Development 1,405 250 250 250 - 0%
COVID-19 1,563 - - - - 0%
Small Tools/Equipment 76 650 650 650 - 0%
Auto Allowance 48 - - - - 0%
Auto Allowance 2 - - - - 0%
Chlorine and Chemicals - 11,000 11,000 11,000 - 0%
Other Personnel 1,274 2,000 2,000 2,000 - 0%
Snack Bar Supplies 5,757 2,500 2,500 2,500 - 0%
Miscellaneous Expenses 163 600 600 600 - 0%
Camp Fair Expenses 17 1,050 1,050 1,050 - 0%
Office Expense 412 - - - - 0%
Open Space 5,800 23,000 23,000 5,500 (17,500) -76%
Open Space 2,906 - - - - 0%
State/County Fees 5,146 3,450 3,450 3,450 - 0%
Postage 12 50 50 50 - 0%
Repairs and Maintenance/IT 272 100 100 100 - 0%
TOTAL MAINT. & OPERATIONS 193,787 165,455 165,455 173,048 7,593 5%

CAPITAL OUTLAY
Capital Outlay 14,540 - 30,000 - (30,000) -100%
Capital Outlay - - - 1,000,000 1,000,000 N/A
Capital Outlay 56,091 - - - - 0%
Fixed Assets - 20,000 20,000 20,000 - 0%
A87 Cost Allocation 55,369 56,561 56,561 56,561 - 0%
TOTAL CAPITAL OUTLAY 126,000 76,561 106,561 1,076,561 970,000 910% TOTAL PARKS AND RECREATION 551,767 635,153 665,153 1,541,937 876,784 132% BUDGET
FY 2023-24

PARKS AND RECREATION

DEPARTMENTAL DETAIL
Increase/
(Decrease)
134

CITY OF

NEVADA CITY
safety at the facility.
● The water treatment facility was the host of the City's holiday party. replace the use of sulfur dioxide gas treatment at the wastewater facility improving both water quality and employee BUDGET
FY 2023-24

WATER AND WASTEWATER
Description
The Water/Wastewater Division implements water and wastewater enterprise operations. Water operations include the sourcing, storage, treatment, testing, distribution and tank storage of potable water. Wastewater includes the collection, treatment, testing and disposal of effluent. Water/Wastewater maintains permitting for both water and wastewater services through the State of California and complies with state and federal regulations. Water/Wastewater functions as a Division of the Public Works Department but financially operates as an enterprise fund within the City budget structure.

Prior Year Accomplishments
● The Water and Wastewater staff treated 198,337,000 gallons of potable water at the City water treatment facility. ● The Water and Wastewater staff treated 156,451,000 gallons of effluent at the City wastewater treatment facility of which 143,525,000 was discharged.
● The City purchased 167.91 acre feet of water from the Nevada Irrigation District which was delivered to the City's retention facility and treated for use.
● The Chief Plant Operator completed an in-house design and build of a sodium bisulfate treatment process to 135

CITY OF

NEVADA CITY
costs for additional untreated water storage capacity.
● Addressing Water Strategic Initiative Goal #7, by January 31, 2024, review the existing water/wastewater master plan and reconcile to the new CIP.

BUDGET
FY 2023-24

ENGINEERING AND PUBLIC WORKS
Key Projects and Future Initiatives
● Addressing Water Strategic Initiative Goal #4, in coordination with Finance and the City Engineer, by June 30, 2024, complete a water and wastewater rate study, using California Waterboard funding where possible, for consideration of the City Council.
● Addressing Water Strategic Initiative Goal #1, by March 31, 2024, develop a draft plan, timeline, and cost estimate to implement smart water meters citywide.
● Addressing Water Strategic Initiative Goal #5, by January 31, 2024, develop a list of draft options, considerations, and 136

CITY OF

NEVADA CITY
Program FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Water Department 519,693 544,855 544,855 415,716 (129,139) -24% Water Distribution 328,854 363,237 363,237 480,070 116,833 32% Sewer Department 1,537,679 1,492,529 1,492,529 1,180,330 (312,199) -21% Sewer Collection 276,479 435,116 435,116 366,818 (68,298) -16% TOTAL 2,662,705 2,835,737 2,835,737 2,442,934 (392,803) -14% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Water Fund 832,451 908,092 908,092 895,786 (12,306) -1% Sewer Fund 1,814,062 1,927,645 1,927,645 1,547,148 (380,497) -20% Water Treatment Plant - Upgrade 16,000 - - - - 0%
ARPA 192 - - - - 0%
TOTAL 2,662,705 2,835,737 2,835,737 2,442,934 (392,803) -14% BUDGET
FY 2023-24

WATER AND WASTEWATER

APPROPRIATIONS BY PROGRAM
Increase/
(Decrease)
Increase/
(Decrease)
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Sewer Collection
Water Department
137

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 574,053 883,775 883,775 730,392 (153,383) -17% Maintenance & Operations 1,941,141 1,303,961 1,303,961 1,204,541 (99,420) -8% Capital Outlay 147,511 648,001 648,001 508,001 (140,000) -22% TOTAL 2,662,705 2,835,737 2,835,737 2,442,934 (392,803) -14% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Water Fund 832,451 908,092 908,092 895,786 (12,306) -1% Sewer Fund 1,814,062 1,927,645 1,927,645 1,547,148 (380,497) -20% Water Treatment Plant - Upgrade 16,000 - - - - 0%
ARPA 192 - - - - 0%
TOTAL 2,662,705 2,835,737 2,835,737 2,442,934 (392,803) -14% FY 2023-24

WATER AND WASTEWATER

APPROPRIATIONS BY EXPENDITURE TYPE
Increase/
(Decrease)
Increase/
(Decrease)
BUDGET
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
138

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 63,223 152,861 152,861 38,622 (114,239) -75%
Maintenance & Operations 421,394 297,400 297,400 282,500 (14,900) -5% Capital Outlay 35,076 94,594 94,594 94,594 - 0%
TOTAL 519,693 544,855 544,855 415,716 (129,139) -24%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Water Fund 503,645 544,855 544,855 415,716 (129,139) -24% Water Treatment Plant - Upgrade 16,000 - - - - 0%
ARPA 48 - - - - 0%
TOTAL 519,693 544,855 544,855 415,716 (129,139) -24%
BUDGET
FY 2023-24

WATER AND WASTEWATER

WATER DEPARTMENT
Description
The Public Works Department also includes the City Engineer who designs and manages construction of infrastructure improvement projects; provides plan review and construction inspection of private development projects; and oversees the City’s real property assets including: City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure.

The City Engineer is responsible for the development of the City’s Capital Improvement Program (CIP).

Increase/
(Decrease)
Increase/
(Decrease)
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
139

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 32,328 96,904 96,904 26,878 (70,026) -72% Overtime 253 5,094 5,094 - (5,094) -100%
Other - Special Duty 161 167 167 - (167) -100%
Incentive Pay 274 - - - - 0%
Social Security 2,499 5,646 5,646 2,056 (3,590) -64%
Workers' Compensation 5,888 6,700 6,700 3,174 (3,526) -53% Health Insurance 18,716 28,000 28,000 551 (27,449) -98% STD/LTD/Life 299 650 650 659 9 1%
Unemployment Insurance 282 1,500 1,500 - (1,500) -100%
Cell Allowance - 600 600 163 (437) -73%
Retirement and PERS 2,523 7,600 7,600 5,141 (2,459) -32% TOTAL PERSONNEL 63,223 152,861 152,861 38,622 (114,239) -75%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 989 15,000 15,000 15,000 - 0% Building Repairs and Maintenance 606 1,000 1,000 600 (400) -40% Office Supplies 2,477 1,500 1,500 1,500 - 0%
Telephone 3,625 2,200 2,200 2,200 - 0%
Vehicle Repairs/Maintenance - 2,000 2,000 2,000 - 0%
Gas and Oil 2,722 2,500 2,500 2,500 - 0%
Dues/Subscriptions/Publications 61 500 500 500 - 0%
Electricity and Heating 15,243 15,000 15,000 15,000 - 0% Water 122,370 82,000 82,000 82,000 - 0%
Liability Insurance 18,188 10,500 10,500 10,500 - 0%
Maintenance Contract 6,064 1,200 1,200 1,200 - 0%
Outside Service 45,647 35,000 35,000 35,000 - 0%
Outside Service 16,000 - - - - 0%
Equipment Repairs & Maintenance 3,359 25,000 25,000 15,000 (10,000) -40% Conferences and Meetings - 500 500 500 - 0%
Training and Development 588 1,500 1,500 1,500 - 0%

WATER AND WASTEWATER

WATER DEPARTMENT
Increase/
(Decrease)
FY 2023-24
BUDGET
140

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
COVID-19 282 - - - - 0%
COVID-19 48 - - - - 0%
Depreciation 111,732 - - - - 0%
Rentals 180 500 500 500 - 0%
Small Tools/Equipment 517 5,000 5,000 2,000 (3,000) -60% Engineer Services - 3,500 3,500 2,000 (1,500) -43%
Garbage/Recycle 666 - - - - 0%
Auto Allowance 55 - - - - 0%
Chlorine and Chemicals 16,715 35,000 35,000 35,000 - 0% Bacteria Tests 9,930 20,000 20,000 20,000 - 0%
Other Personnel 1,263 1,000 1,000 1,000 - 0%
Late Charge 10 - - - - 0%
State/County Fees 38,853 35,000 35,000 35,000 - 0%
Bad Debt - 1,000 1,000 1,000 - 0%
Postage 2,799 1,000 1,000 1,000 - 0%
Repairs and Maintenance/IT 405 - - - - 0%
TOTAL MAINT. & OPERATIONS 421,394 297,400 297,400 282,500 (14,900) -5%

CAPITAL OUTLAY
Capital Outlay (14,210) 45,000 45,000 45,000 - 0%
A87 Cost Allocation 49,286 49,594 49,594 49,594 - 0%
TOTAL CAPITAL OUTLAY 35,076 94,594 94,594 94,594 - 0%
TOTAL WATER DEPARTMENT 519,693 544,855 544,855 415,716 (129,139) -24% Increase/
(Decrease)
BUDGET
FY 2023-24

WATER AND WASTEWATER

WATER DEPARTMENT
141

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 123,095 151,630 151,630 307,213 155,583 103%
Maintenance & Operations 189,607 88,200 88,200 49,450 (38,750) -44% Capital Outlay 16,152 123,407 123,407 123,407 - 0%
TOTAL 328,854 363,237 363,237 480,070 116,833 32%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Water Fund 328,806 363,237 363,237 480,070 116,833 32%
ARPA 48 - - - - 0%
TOTAL 328,854 363,237 363,237 480,070 116,833 32%
BUDGET
FY 2023-24

WATER AND WASTEWATER

WATER DISTRIBUTION
Description
The Public Works Department also includes the City Engineer who designs and manages construction of infrastructure improvement projects; provides plan review and construction inspection of private development projects; and oversees the City’s real property assets including: City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure.

The City Engineer is responsible for the development of the City’s Capital Improvement Program (CIP).

Increase/
(Decrease)
Increase/
(Decrease)
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
142

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 80,138 73,806 73,806 158,201 84,395 114% Salaries - Non Permanent 1,917 7,563 7,563 - (7,563) -100% Overtime 3,693 - - 8,000 8,000 N/A
Overtime - Special 54 1,508 1,508 - (1,508) -100%
Other - Special Duty 1,650 6,070 6,070 6,070 - 0%
Incentive Pay - - - 4,750 4,750 N/A
Social Security 6,834 9,733 9,733 13,078 3,345 34%
Workers' Compensation 5,746 156 156 20,188 20,032 12841% Health Insurance 9,437 18,590 18,590 56,319 37,729 203% STD/LTD/Life 357 1,124 1,124 829 (295) -26%
Unemployment Insurance - 3,632 3,632 - (3,632) -100%
Uniform Allowance 210 - - 820 820 N/A
Cell Allowance 260 1,531 1,531 1,755 224 15%
Retirement and PERS 12,799 27,917 27,917 37,203 9,286 33% TOTAL PERSONNEL 123,095 151,630 151,630 307,213 155,583 103%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 21,056 20,000 20,000 15,000 (5,000) -25% Office Supplies 48 150 150 150 - 0%
Telephone 380 - - - - 0%
Vehicle Repairs/Maintenance 3,200 3,200 1,500 (1,700) -53% Gas and Oil 5,670 8,000 8,000 8,000 - 0%
Printing and Advertising 29 250 250 250 - 0%
Dues/Subscriptions/Publications 1,103 850 850 850 - 0%
Electricity and Heating 2,510 1,250 1,250 1,250 - 0%
Water 664 - - - - 0%
Debt Service - Principal 3,694 3,700 3,700 - (3,700) -100% Debt Service - Interest 205 350 350 - (350) -100%
Liability Insurance 3,991 5,000 5,000 5,000 - 0%
Outside Service 58,167 30,000 30,000 5,000 (25,000) -83%

WATER AND WASTEWATER

WATER DISTRIBUTION
Increase/
(Decrease)
FY 2023-24
BUDGET
143

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Equipment Repairs & Maintenance 33 5,000 5,000 2,000 (3,000) -60% Conferences and Meetings - 500 500 500 - 0%
Training and Development 90 1,500 1,500 1,500 - 0%
COVID-19 2,471 - - - - 0%
COVID-19 48 - - - - 0%
Depreciation 80,251 - - - - 0%
Rentals - 1,000 1,000 1,000 - 0%
Hose and Hydrants - 450 450 450 - 0%
Street Maintenance & Repairs - 1,200 1,200 1,200 - 0%
Small Tools/Equipment 8,530 2,000 2,000 2,000 - 0%
Engineer Services - 1,500 1,500 1,500 - 0%
Other Personnel 667 300 300 300 - 0%
Postage - 1,500 1,500 1,500 - 0%
Repairs and Maintenance/IT - 500 500 500 - 0%
TOTAL MAINT. & OPERATIONS 189,607 88,200 88,200 49,450 (38,750) -44%

CAPITAL OUTLAY
Capital Outlay (6,900) 80,000 80,000 80,000 - 0%
A87 Cost Allocation 23,052 43,407 43,407 43,407 - 0%
TOTAL CAPITAL OUTLAY 16,152 123,407 123,407 123,407 - 0% TOTAL WATER DISTRIBUTION 328,854 363,237 363,237 480,070 116,833 32% Increase/
(Decrease)
BUDGET
FY 2023-24

WATER AND WASTEWATER

WATER DISTRIBUTION
144

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 289,699 433,083 433,083 219,609 (213,474) -49% Maintenance & Operations 1,174,749 824,446 824,446 795,721 (28,725) -3% Capital Outlay 73,231 235,000 235,000 165,000 (70,000) -30% TOTAL 1,537,679 1,492,529 1,492,529 1,180,330 (312,199) -21% Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Sewer Fund 1,537,631 1,492,529 1,492,529 1,180,330 (312,199) -21% ARPA 48 - - - - 0%
TOTAL 1,537,679 1,492,529 1,492,529 1,180,330 (312,199) -21% BUDGET
FY 2023-24

WATER AND WASTEWATER

SEWER DEPARTMENT
Description
The Public Works Department also includes the City Engineer who designs and manages construction of infrastructure improvement projects; provides plan review and construction inspection of private development projects; and oversees the City’s real property assets including: City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure.

The City Engineer is responsible for the development of the City’s Capital Improvement Program (CIP).

Increase/
(Decrease)
Increase/
(Decrease)
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
145

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 167,436 253,000 253,000 146,394 (106,606) -42% Overtime 5,921 14,000 14,000 - (14,000) -100%
Other - Special Duty 4,252 9,500 9,500 1,000 (8,500) -89% Incentive Pay 1,040 1,500 1,500 822 (678) -45%
Social Security 14,237 19,355 19,355 11,262 (8,093) -42% Workers' Compensation 19,373 21,928 21,928 17,385 (4,543) -21% Health Insurance 58,649 82,500 82,500 10,795 (71,705) -87% STD/LTD/Life 896 2,000 2,000 691 (1,309) -65%
Unemployment Insurance 282 4,500 4,500 - (4,500) -100%
Uniform Allowance - - - 438 438 N/A
Cell Allowance 1,440 1,800 1,800 1,138 (662) -37%
Retirement and PERS 16,173 23,000 23,000 29,684 6,684 29% TOTAL PERSONNEL 289,699 433,083 433,083 219,609 (213,474) -49%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies 4,378 25,000 25,000 25,000 - 0% Building Repairs and Maintenance 6,866 2,500 2,500 2,500 - 0% Office Supplies 4,069 2,500 2,500 2,500 - 0%
Telephone 4,546 2,800 2,800 2,800 - 0%
Vehicle Repairs/Maintenance 728 3,500 3,500 3,500 - 0%
Gas and Oil 12,003 4,500 4,500 4,500 - 0%
Printing and Advertising 880 200 200 200 - 0%
Dues/Subscriptions/Publications 61 500 500 500 - 0%
Electricity and Heating 138,723 120,000 120,000 120,000 - 0% Debt Service - Principal 52,677 130,950 130,950 128,215 (2,735) -2% Debt Service - Interest 140,094 146,996 146,996 131,006 (15,990) -11% Liability Insurance 26,346 15,000 15,000 15,000 - 0%
Maintenance Contract 12,362 1,500 1,500 1,500 - 0%
Outside Service 93,678 65,000 65,000 80,000 15,000 23%
Equipment Repairs & Maintenance 59,756 50,000 50,000 50,000 - 0% FY 2023-24
BUDGET

WATER AND WASTEWATER

SEWER DEPARTMENT
Increase/
(Decrease)
146

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Conferences and Meetings - 500 500 500 - 0%
Training and Development (536) 2,000 2,000 2,000 - 0%
COVID-19 4,511 - - - - 0%
COVID-19 48 - - - - 0%
Depreciation 401,794 - - - - 0%
Rentals - 2,500 2,500 2,500 - 0%
Small Tools/Equipment 2,248 5,500 5,500 5,500 - 0%
Engineer Services - 1,500 1,500 1,500 - 0%
Garbage/Recycle - - - - - 0%
Auto Allowance - - - - - 0%
Chlorine and Chemicals 95,029 100,000 100,000 100,000 - 0% Bacteria Tests 47,396 75,000 75,000 50,000 (25,000) -33% Other Personnel 3,361 1,500 1,500 1,500 - 0%
Late Charge 50 - - - - 0%
Solids Handling 51,734 50,000 50,000 50,000 - 0%
State/County Fees 6,429 10,000 10,000 10,000 - 0%
Bad Debt - 5,000 5,000 5,000 - 0%
Postage 2,799 - - - - 0%
Repairs and Maintenance/IT 2,719 - - - - 0%
TOTAL MAINT. & OPERATIONS 1,174,749 824,446 824,446 795,721 (28,725) -3%

CAPITAL OUTLAY
Capital Outlay 3,550 150,000 150,000 80,000 (70,000) -47% Fixed Assets 3,500 - - - - 0%
A87 Cost Allocation 66,181 85,000 85,000 85,000 - 0%
TOTAL CAPITAL OUTLAY 73,231 235,000 235,000 165,000 (70,000) -30% TOTAL SEWER DEPARTMENT 1,537,679 1,492,529 1,492,529 1,180,330 (312,199) -21% Increase/
(Decrease)
BUDGET
FY 2023-24

WATER AND WASTEWATER

SEWER DEPARTMENT
147

CITY OF

NEVADA CITY
Operating Expenses FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Personnel 98,036 146,201 146,201 164,948 18,747 13%
Maintenance & Operations 155,391 93,915 93,915 76,870 (17,045) -18% Capital Outlay 23,052 195,000 195,000 125,000 (70,000) -36% TOTAL 276,479 435,116 435,116 366,818 (68,298) -16%
Funding Sources FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Sewer Fund 276,431 435,116 435,116 366,818 (68,298) -16% ARPA 48 - - - - 0%
TOTAL 276,479 435,116 435,116 366,818 (68,298) -16%
BUDGET
FY 2023-24

WATER AND WASTEWATER

SEWER COLLECTION
Description
The Public Works Department also includes the City Engineer who designs and manages construction of infrastructure improvement projects; provides plan review and construction inspection of private development projects; and oversees the City’s real property assets including: City streets, right-of-way, parking, water, wastewater, and storm drain infrastructure.

The City Engineer is responsible for the development of the City’s Capital Improvement Program (CIP).

Increase/
(Decrease)
Increase/
(Decrease)
0%
20%
40%
60%
80%
100%
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
Capital Outlay
Maintenance & Operations
Personnel
148

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed

PERSONNEL
Salaries - Permanent 61,180 77,000 77,000 82,294 5,294 7% Salaries - Non Permanent 639 - - - - 0%
Overtime 3,728 7,500 7,500 7,500 - 0%
Overtime - Special 60 660 660 660 - 0%
Other - Special Duty 1,658 2,600 2,600 2,600 - 0%
Incentive Pay - 800 800 1,871 1,071 134%
Social Security 5,167 5,891 5,891 7,012 1,121 19%
Workers' Compensation 6,035 7,000 7,000 10,825 3,825 55% Health Insurance 6,195 20,000 20,000 27,936 7,936 40%
STD/LTD/Life 343 550 550 579 29 5%
Unemployment Insurance - 1,500 1,500 - (1,500) -100%
Uniform Allowance 209 - - 570 570 N/A
Cell Allowance 1 700 700 1,105 405 58%
Retirement and PERS 12,821 22,000 22,000 21,996 (4) 0%
TOTAL PERSONNEL 98,036 146,201 146,201 164,948 18,747 13%

MAINTENANCE & OPERATIONS
Operating Materials and Supplies - 5,500 5,500 5,500 - 0% Building Repairs and Maintenance - 120 120 120 - 0%
Office Supplies 48 150 150 150 - 0%
Telephone 380 400 400 400 - 0%
Vehicle Repairs/Maintenance - 2,500 2,500 2,500 - 0%
Gas and Oil 5,951 7,500 7,500 7,500 - 0%
Printing and Advertising - 250 250 250 - 0%
Dues/Subscriptions/Publications 438 500 500 500 - 0%
Debt Service - Principal 3,694 3,695 3,695 - (3,695) -100% Debt Service - Interest 205 350 350 - (350) -100%
Liability Insurance 3,991 6,800 6,800 6,800 - 0%
Outside Service 25,410 35,000 35,000 27,000 (8,000) -23% FY 2023-24
BUDGET

WATER AND WASTEWATER

SEWER COLLECTION
Increase/
(Decrease)
149

CITY OF

NEVADA CITY
FY 21-22
Actual
FY 22-23
Adopted
FY 22-23
Amended
FY 23-24
Proposed
MAINT & OPERATIONS (Cont.)
Equipment Repairs & Maintenance 33 5,000 5,000 5,000 - 0% Conferences and Meetings - 250 250 250 - 0%
Training and Development 285 1,500 1,500 1,500 - 0%
COVID-19 65 - - - - 0%
COVID-19 48 - - - - 0%
Depreciation 88,697 - - - - 0%
Rentals - 500 500 500 - 0%
Small Tools/Equipment 1,021 3,000 3,000 3,000 - 0%
Engineer Services 13,102 20,000 20,000 15,000 (5,000) -25% Bacteria Tests - 500 500 500 - 0%
Other Personnel 23 400 400 400 - 0%
State/County Fees 12,000 - - - - 0%
TOTAL MAINT. & OPERATIONS 155,391 93,915 93,915 76,870 (17,045) -18%

CAPITAL OUTLAY
Capital Outlay - 150,000 150,000 80,000 (70,000) -47%
A87 Cost Allocation 23,052 45,000 45,000 45,000 - 0%
TOTAL CAPITAL OUTLAY 23,052 195,000 195,000 125,000 (70,000) -36% TOTAL SEWER COLLECTION 276,479 435,116 435,116 366,818 (68,298) -16% Increase/
(Decrease)
BUDGET
FY 2023-24

WATER AND WASTEWATER

SEWER COLLECTION
150

CITY OF BUDGET
NEVADA CITY FY 2023-24
Fund/Function FY 22-23
Est. Carryover
FY 23-24
Proposed
- 542,864
- 300,000
- 5,531,501
- 500,000
- 701,070
- 219,000
- 154,949
- 637,500
- 8,586,884
- 150,000
- 150,000
- 300,000
8,886,884
- 7,670,071
- 500,000
- 167,949
- 248,864
- -
- 150,000
- 150,000
- -
- -
- 8,886,884
GRAND TOTAL = 8,886,884
Prop 68 Per Capita Grant
Measure M

CAPITAL IMPROVEMENT PROJECTS SUMMARY

BY FUND/BY FUNCTION

TOTAL - ENTERPRISE FUNDS
FUNDING SOURCE:

General Fund
Department of Transportation
Gas Tax
Highway Bridge Project
Sewer Fund
CMAQ Grant
Regional Trails Program Grant
Water Fund

TOTAL - GOVERNMENTAL FUNDS

GOVERNMENTAL FUNDS

ENTERPRISE FUNDS

TOTAL - ALL FUNDS
TOTAL
Pioneer Park
Trails
Water Distribution System
Sewer Collection System
Water Treatment Plant
Wastewater Treatment Plant
FUNCTION:

Roads/Streets/Sidewalks
Buildings
Swimming Pool
151

CITY OF

NEVADA CITY
Funding Source FY 22-23
Est. Carryover
FY 23-24
Proposed
Total
Appropriation

GENERAL FUND
Remodel Barn Building (Public Works Yard) - 500,000 500,000 Playground Improvements - 13,000 13,000
Sugarloaf Trail - 29,864 29,864
TOTAL GENERAL FUND - 542,864 542,864

DEPARTMENT OF TRANSPORTATION
Upper Broad Street - 300,000 300,000
TOTAL DEPARTMENT OF TRANSPORTATION - 300,000 300,000

HIGHWAY BRIDGE PROJECT
Nevada Street Bridge - 5,531,501 5,531,501
TOTAL HIGHWAY BRIDGE PROJECT - 5,531,501 5,531,501

GAS TAX
Upper Broad Street - 400,000 400,000
Pavement Program Annual - 100,000 100,000
TOTAL GAS TAX - 500,000 500,000

CMAQ GRANT
Boulder Street Sidewalk - 301,070 301,070
Clark Street Parking/Foot Bridge - 400,000 400,000
TOTAL CMAQ GRANT - 701,070 701,070

REGIONAL TRAILS PROGRAM GRANT
Sugarloaf Trail - 219,000 219,000
TOTAL REGIONAL TRAILS PROGRAM GRANT - 219,000 219,000
BUDGET
FY 2023-24

CAPITAL IMPROVEMENT PROJECTS SUMMARY

BY FUND/BY PROGRAM
152

CITY OF

NEVADA CITY
Funding Source FY 22-23
Est. Carryover
FY 23-24
Proposed
Total
Appropriation
PROP 68 PER CAPITA GRANT
Tennis Court Improvements - 114,949 114,949
Playground Improvements - 40,000 40,000
TOTAL PROP 68 PER CAPITA GRANT - 154,949 154,949

WATER FUND
Annual Water Main Replacements - 150,000 150,000
TOTAL WATER FUND - 150,000 150,000

SEWER FUND
Annual Sewer Main Replacements - 150,000 150,000
TOTAL SEWER FUND - 150,000 150,000

MEASURE M
Upper Broad Street - 300,000 300,000
Nevada Street Bridge - 287,500 287,500
Sidewalk Replacement Annual - 50,000 50,000
TOTAL MEASURE M - 637,500 637,500
GRAND TOTAL - 8,886,884 8,886,884
BUDGET
FY 2023-24

CAPITAL IMPROVEMENT PROJECTS SUMMARY

BY FUND/BY PROGRAM
153

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
Boulder Street Sidewalk 301,070
Clark Street Parking/Foot Bridge 400,000
Nevada Street Bridge 5,819,001
Pavement Program Annual 100,000
Sidewalk Replacement Annual 50,000
Upper Broad Street 1,000,000
This project consists of roadway rehabilitation of
Broad Street within the project limits. The sidewalk
will be widened and enhanced at intersections to
provide safe, convenient, and efficient pedestrian
access within the Downtown Historic District.

Pavement improvements include replacement of
deteriorated pavement and improvements to crossslope for drainage.

CAPITAL IMPROVEMENT PROJECTS

ROADS/STREETS/SIDEWALKS

PROJECT DESCRIPTION
This project constructs a new sidewalk along the
south side of Boulder Street between two existing
sidewalks.

This project will construct parking at Clark Street
(city property between Clark and freeway) and will
construct a foot bridge across Deer Creek with a
trail that connects to Miners Trail downtown at
Cabin Street and Spring Street (city parking lot).

This project is the City's Measure M Street
Rehabilitation consisting of paving, sidewalks, and
drainage. Pavement work consists of overlays or
full reconstruction depending on pavement
condition.

This project will provide sidewalk improvements,
crosswalk enhancements, and ADA ramps
citywide.

This project replaces the existing Nevada Street
Bridge over Deer Creek with a new bridge. The
new bridge will be 68 ft. long by 44 ft. wide. Bridge
approach reconstruction will include approximately
160 ft. of Nevada Street north of the bridge and 200
ft. south of the bridge into the Broad, Boulder, and
Sacramento Streets intersection. Additional work
will include utilities, drainage, grading, paving and
sidewalk improvements.
154

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
Remodel Barn Building (Public Works Yard) 500,000

CAPITAL IMPROVEMENT PROJECTS

BUILDINGS

PROJECT DESCRIPTION
This project will rebuild the barn building that
collapsed during December 2021 storm event.
155

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
Tennis Court Improvements 114,949
Playground Improvements 53,000
The Playground Improvements project will replace
existing playground equipment at Pioneer Park with
ADA compliant playground equipment.

The Tennis Court Improvements project will replace
the lighting and resurface the tennis court at
Pioneer Park.

CAPITAL IMPROVEMENT PROJECTS

PIONEER PARK

PROJECT DESCRIPTION
156

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
Sugarloaf Trail 248,864

CAPITAL IMPROVEMENT PROJECTS
TRAILS

PROJECT DESCRIPTION
This project will construct a new trail between
Highway 49 and Sugarloaf.
157

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed

CAPITAL IMPROVEMENT PROJECTS

SWIMMING POOL

PROJECT DESCRIPTION
158

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
Annual Water Main Replacements 150,000

CAPITAL IMPROVEMENT PROJECTS

WATER DISTRIBUTION SYSTEM

PROJECT DESCRIPTION
This is an annual project that will replace 0.5 linear
mile of water main, including all fire hydrants,
service laterals, and valves. All water mains shall
be replaced with 8" water mains for fire flow. All
water mains being replaced shall be appropriately
sized to accommodate the land use designated in
the General Plan. New valves shall be installed
where currently not in place.
159

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
`

CAPITAL IMPROVEMENT PROJECTS

WATER TREATMENT PLANT

PROJECT DESCRIPTION
160

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed
Annual Sewer Main Replacements 150,000

CAPITAL IMPROVEMENT PROJECTS

SEWER COLLECTION SYSTEM

PROJECT DESCRIPTION
This is an annual project that will replace 0.6 linear
miles of sewer main, including all manholes and
service laterals, with an equivalent diameter pipe.

All sewer mains being replaced shall be
appropriately sized to accommodate the land use
designated in the General Plan. New manholes will
be installed where not in place.
161

CITY OF BUDGET
NEVADA CITY FY 2023-24

PROJECT
FY 23-24
Proposed

CAPITAL IMPROVEMENT PROJECTS

WASTEWATER TREATMENT PLANT

PROJECT DESCRIPTION
162

BUDGET AND FINANCIAL MANAGEMENT POLICIES
To set forth and maintain sound fiscal policy assuring conservative and consistent protocol in developing the City's budget and use of funds, the city Council has adopted a set of financial policies. These policies will be reviewed annually as part of the budget process and amended as necessary to reflect the City's fiscal soundness.

OBJECTIVES

1. The City's financial activity will be set forth in an annual budget presenting a fair and fully disclosed financial representation of the city in conformity with generally accepted accounting principles.

2. The City Manager will present the annual budget and periodic financial information to the City Council to include the following information based on conservative but reasonable revenue estimates:
• actual revenues, expenditures, reserve balances and fund balances for the prior fiscal year; • estimated revenues, expenditures, reserve balances and fund balances for the next fiscal year;
• projected revenues, expenditures, reserve balances and fund balances for the next fiscal year;
• will work toward producing a long-range financial plan that will include a 10-year Capital Improvement Program and, when possible, multi-year revenue and expenditure forecasting; and
• a General Fund Revenue Reserve for contingencies equal to approximately 5% of the General Fund budget, or at minimum approximately$ 275,000.

3. The City Manager will provide the City Council with a mid-year review of the city's financial activities. The review will be presented in February and compare annual budget projections with actual results.

4. Major capital improvement projects will be funded using the most financially prudent method available including:
• traditional long-term financing (bond issues);
• "pay-as-you-go" financing (using impact fees, allocated reserves, grants, general funds, Measures C, F, M, S, special fire tax, etc.);
• combination of debt financing and "pay-as-you-go" financing; • using cash accumulated in excess of policy requirements.

5. The city will maintain reserve funds to:
163
• stabilize the city'sfiscal base for anticipated fluctuations in revenues and expenditures; • provide for nonrecurring, unanticipated expenditures; and • provide for innovative opportunities for the betterment of the community.

The following reserve accounts will be established within the General Fund:
• Revenue Reserve-The purpose of this reserve is to recognize predictable future reductions in city revenues such as property, sales and transient occupancy taxes and other funds including the COPS grant and reimbursable mandated costs as well as to protect the General Fund against unpredictable fluctuations in major revenues. This reserve will maintain funding levels to allow for normal revenue growth to replace reduced revenues. The target reserve over time is 100% of total General Fund expenditures.
• Employee Benefit Reserve-The purpose of this reserve is to maintain appropriate reserves to cover compensated absences and other employee benefit liabilities and to meet statutory requirements and actuarially projected needs. • Capital Improvement Reserve-The purpose of this reserve is to augment other available funds (impact fees, grants, enterprise funds, etc.) for capital projects. • Vehicle and Equipment Replacement Reserve-This reserve will enable the city to replace existing vehicles either on an as needed basis or on a replacement schedule.

Now equipment can also be funded from this reserve.
• Litigation Reserve-The purpose of this reserve is to provide funds for litigation that the city may be faced with from time to time. This reserve will include at a minimum a Risk Management Reserve equal to what is indicated on the city's loss report for claims not covered by CIRA (California IntergovernmentalRisk Authority), the city's risk management joint powers authority plus an additional margin for contingency. • Community Fund Reserve-The purpose of this fund will be to take advantage of opportunities that avail themselves to the city that would result in the betterment of the community (i.e. sponsorship of events and/or other activities).

General Fund revenues remaining at the end of the city's fiscal year, unless encumbered, will be allocated to these reserves by the City Council based on recommendations of the city manager.

6. Annual General Fund operating expenditures shall not exceed projected available annual revenues unless 1) there is projected to be at least $150,000 in the Litigation Reserve and approximately 5% of the General Fund budget in the Revenue Reserve at year-end; or 2) the city must use reserves for its intended purposes which can include for emergency purposes (i.e. pandemic, flooding, wildfire and others for which there is no funding). If reserves are reduced because they are used for the intended purposes, then the city manager shall present a plan to the ty Council to restore the reserves. This approach will be implemented starting with the FY 2022- 2023 fiscal year budget.
164

7. Appropriations of fiscal resources are the responsibility of the City Council and the City Manager.

Appropriations requiring City Council action are:
• appropriation of reserves, except replacement reserves; • transfers between funds;
• appropriations of any unassigned revenues; and
• inter-fund loans.

Appropriations requiring City Manager action are:
• transfers within a fund or department;
• appropriation ofreplacement reserves; and
• appropriation of unbudgeted assigned revenues.

8. A fiscal impact statement will be provided in each staff report submitted to the City Council as part of the City Council agenda process.

9. The City will strive to pay competitive market level compensation to its employees.

10. The City's investment policy will be reviewed annually as part of the budget process.

11. The City will review sewer and water rates every five years to assure rates are covering cost of providing service as well as to meet Federal and/or State mandates and to provide sufficient funds for necessary capital projects including being able to leverage for grant funds. 165
RESOLUTION NO. 2023-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE FISCAL YEAR 2023-2024 BUDGET
WHEREAS, the city annually adopts its annual budget for the period July 1 through June 30 of each year; and
WHEREAS, the City of Nevada City Fiscal Year 2022-2023 Budget was adopted on June 22, 2023 by City Council Resolution 2022-46; and
WHEREAS, the City Council held a special meeting on May 3, 2023 on the proposed annual budget for fiscal year 2023-2024 and provided opportunity for public input; and WHEREAS, direction was provided to incorporate several amendments to the draft budget that have been included in the attached document; and
WHEREAS, the City Council reviewed the proposed budget at a duly Noticed Public Hearing on June 14, 2023 and received public input;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that the document titled “City of Nevada City Fiscal Year 2023-2024 Budget” is hereby adopted.

PASSED AND ADOPTED this 14th day of June 2023 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Doug Fleming
Mayor
ATTEST:
_______________________________
Niel Locke
City Clerk
City of Nevada City
Fiscal Year 2024 - 2028
Five-Year Capital Improvement Program

CITY OF

NEVADA CITY
Doug Fleming
Mayor
Daniela Fernández Gary Petersen Adam Kline Lou Ceci
Mayor Pro Tem Council Member Council Member Council Member Niel Locke
City Clerk
Sean Grayson
City Manager
Dean Pucci Gabrielle Christakes Stephen Erlandson
City Attorney Deputy City Clerk / Administrative Services Manager Interim Assistant City Manager Dan Foss Sam Goodspeed Lisa McCandless
Police Chief Division Fire Chief Interim City Planner
Bryan McAlister Mike Faudoa Shane Kinne
City Engineer/Public Works Director Chief Plant Operator Public Works Superintendent Dawn Zydonis
Parks & Recreation Manager
City Staff
Five Year CIP
2024-2028

CITY OF NEVADA CITY
Mayor and City Council
Elected Staff

CITY OF

NEVADA CITY
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BUDGET MESSAGE……………………………………………………………………………………………………………

GENERAL INFORMATION
Budget Process and Other Management Information………………………………………………………………….

Budget Preparation Timeline……………………………………………………………………………………………… Firehouse No. 2 Remodel….......………………………………………………………………………………………… Tennis Court Improvements……..........………………………………………………………………………………….

Firehouse No.1 Maintenance……………………………………………………………………………………………… Sacramento Street Lower Zion…………………………………………………………………………………………… Sidewalk Replacment Annual……………………………………………………………………………………………..

Pavement Program Annual……………….............……………………………………………………………………… SR49 Multi-Modal Corridor……………………………………………………….……………………………………….

Clark Street Parking / Foot Bridge……………………………………………………………………………………….

Curb Replacements……...............................................……………………………………………………………..

Parking Improvements…....……………………………………………………………………………………………….

Spring Street Improvements…………………………….………………………………………………………………..

Remodel Barn Building…………………………………………………………………………………………………….

Remodel Storage Building at Park……...........………………………………………………………………………….

Carriage House Roof……………………………………………………………………………………………………… Searls Avenue Sidewalk…………………………………………………………………………………………………… Boulder Street Sidewalk…......…………………………………………………………………………………………… Nevada Street Bridge……………..……………………………………………………………………………………….

Nevada Street Sidewalk Replacement…………………………………………………………………………………..

Main Street Boardwalk / Rail……………………………………………………………………………………………..

CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEETS
Railroad Avenue Sidewalk………..……………………………………………………………………………………….

Upper Broad Street……….......................……………………………………………………………………………… Five-Year CIP
2024-2028

TABLE OF CONTENTS

CAPITAL IMPROVEMENT PROGRAM BY FUNDING SOURCE

CAPITAL IMPROVEMENT PROGRAM BY FUNCTION
Revenue Sources…………………………………………………………………………………………………………..

Sources and Uses…......…………………………………………………………………………………………………..

CITY OF

NEVADA CITY
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ROLLING STOCK REPLACEMENT PROGRAM…………………………………………………………………………..

Water Treament Plant Upgrade - SCADA……………………………………………..............……………………… Clear Tank Upgrade - Canada H………………………………………………………………………………………….

Headworks Update……………………………………………………………………………….....…………………….

Biosolids Processing.……………………………………………………………………………………………………… Wastewater Plant Security………………………………………………………………………………………………..

Wastewater Treatment Plan Instrumentation - SCADA……..………………………………………………………… Annual Water Main Replacements………..……………………………………………………………………………… Backwash Pond System Improvements…………………………….…………………………………………………… Motor Operated Valves…………………………………………………………………………………………………… Plant Instruments (SCADA)……….......................……………………………………………………………………..

Automatic Tank Valves……………………………………………………………….....………………………………… Primary Equalization…......………………………………………………………………………………………………..

Aeration Basin Improvements…......……………………………………………………………………………………..

Covers for Clarifiers…......………………………………………………………………………………………………..

San Filter Media…......…………………………………………………………………………………………………….

Conversion to UV…......…………………………………………………………………………………………………… GLOSSARY OF CIP TERMS………………………………………………………………………………………………….

DEPARTMENTAL CIP………………………………………………………………………………………………………… FACILITIES MAINTENANCE AND OPERATIONS………………………………………………………………………….

OPEN SPACE MAINTENANCE AND OPERATIONS……………………………………………………………………… Raw Water Pipe to Cascade Canal……………………………………………………………………………………… Swimming Pool Annual Improvements…………………………………………………………………………………… Annual Sewer Main Replacements…………………………………………...………………………………………….

Five-Year CIP
2024-2028

TABLE OF CONTENTS
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEETS (continued) Swimming Pool Bathrooms….....................…………………………………………………………………………….

Playground Improvements…......………………………………………………………………………………………… Well pump at Park…………………………………………...…………………………………………………………….

Sugarloaf Trail…........……………………………………………………………………………………………………..

City of Nevada City
June 14, 2013
Honorable Mayor and City CouncilFiscal Year (FY) 2023-24 marks the first year that the City of Nevada City has produced a comprehensive Five-Year Capital Improvement Program (CIP). Appropriately during our budget season, we can reflect upon what the CIP has meant to the City, as well as look forward to those projects that will further enhance the quality of life for those that live in, work in, or visit the City. The COVID-19 pandemic and the economic struggles that followed it should remind us of the importance of the CIP in addressing the challenges that face the City in a very deliberate and thoughtful manner.

The preservation and enhancement of the City’s facilities and infrastructure for both current and future generations can only be sustained through the maximization of our available resources.

Finally, we can bring into play the lessons learned in prior projects and maintenance activities to enhance the efficiency, effectiveness, and viability of future endeavors.

The Five-Year CIP is the first step in planning beyond the one-year horizon that traditionally is used in budgeting processes. In essence it forces an assessment of longer-term needs that will ultimately address the community’s needs. It provides the impetus for planning the use of resources over an extended period of time, often a need due to the requirement to use multiple years of funding to accomplish large project goals. The CIP process encourages the development of a philosophy of planning for, and then checking the status of the plan – thus establishing accountability on the part of project managers. The CIP process essentially results in a “what gets measured, gets done” approach to timely and cost-effective project completion. Although this process seeks to establish the long term priorities of the City Council and the community, periodic review of how funds are allocated and which projects are top priority accomplishes several objectives. The Council’s Strategic Planning Initiatives and year end CIP review will allow for funding adjustments as priorities are reevaluated and shifted. Further review at mid-year, along with the extensive involvement of the City’s Infrastructure Committee and the Planning Commission, make the CIP process a more collaborative, community-wide endeavor.

The proposed FY 2023-24 CIP contains recommendations for $8,886,884 of new appropriations for projects, exclusive of carryover projects and funds. In summary, the project breakout is as follows:
• Roads/Streets/Sidewalks $ 7,670,071
• Buildings $ 500,000
• Pioneer Park $ 167,949
• Trails $ 248,864
• Swimming Pool $ -
• Water Distribution System $ 150,000
• Sewer Collection System $ 150,000
• Water Treatment Plant $ -
• Wastewater Treatment Plant $ -
The breakout and funding for the proposed projects is shown below. 5 The first-year funding recommendations are included in the proposed FY 2023-24 Operating Budget and Capital Improvement Program. The recommendations should be viewed as part of the larger and longer-term plan. That plan is contained in the last four years of the programs listed in this CIP document.

Traditional State and Federal funding for local capital improvement projects always have an inherent risk of being reduced in the future due to economic circumstances, which challenges the City to be extremely judicious in the way that it spends its limited capital funds. The proposed capital spending program contained within this document does just that. Significant infrastructure needs have been addressed over the past several years; however, it will take time to completely rehabilitate the City’s infrastructure assets. The proposed five-year CIP serves as a blueprint for the City to meet its current and future needs.

I want to express my sincere appreciation to the City Council, Infrastructure and Water Committees, Planning Commission, and the wide range of staff members who participated in the development of 6 the five-year CIP, as well as the team that oversees projects on a monthly basis to ensure that we keep our projects on time and on budget. This diligence that is demonstrated throughout the process is serving the City well in meeting the long-term needs and wishes of the community. The technical content of the projects within the CIP is based upon the work of Bryan McAlister, our City Engineer / Public Works Director. The financial content, format, and innovative connection of the CIP to the actual budget is the work of our Interim Assistant City Manager Stephen Erlandson. Their contributions allowing the City to transition to this best practices approach cannot go unrecognized.

Respectfully Submitted,
Sean Grayson
City Manager
AND NOW………….ON WITH THE CIP BUDGET!
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NEVADA CITY
Five-Year CIP
2024-2028

BUDGETARY PROCESS AND OTHER MANAGEMENT INFORMATION

THE CIP BUDGET PROCESS
The City defines a capital improvement project as a specific undertaking involving the procurement, design, permitting, construction, or installation of facilities and related equipment which improves, preserves, enhances, or modernizes the City’s provision of municipal services, has a long-term useful life, and for which costs exceed $25,000. Planning the citywide capital improvement plan (CIP) takes a monumental effort on available resources. The CIP budget process is a multi-month process that takes place during the fall of the prior calendar year. The process starts when the City’s Finance Department budget staff (Finance) prepares the available funding worksheet and conducts a comprehensive analysis of available resources with estimated revenues and expenditures by funding source.

On an annual basis, per California Government Code section 65403, the City Council adopts the five-year Plan to appropriate funding for new projects and amends existing projects as needed. The CIP prioritizes projects over the next five fiscal years based on community needs, but only appropriates funding for the first year of the CIP. The funding for capital projects comes from a variety of sources; but, for the most part, these funds are restricted for specific types of capital project construction. These restricted funds are not available to be spent on ongoing operating costs.

As recommended by the Government Finance Officer Association (GFOA), City staff prepares a rolling five year CIP. The five-year CIP outlines the expenditure plan for future capital projects, and identifies the corresponding revenue sources. California Government Code section 65401 states that if a general plan or a part thereof has been adopted, a list of the proposed projects will be sent to the City’s Planning Commission for review and to report as to their conformity with the adopted General Plan. On May 18, 2023, the Planning Commission found the following new projects to be in conformance with the City’s General Plan.

The citywide CIP budget kick-off commences in February with project managers and representatives from different departments, which includes the City Manager’s Office, Public Works Department, Police Department, Fire Department, Planning Department, Parks and Recreation Department, and the Water and Wastewater Department. The department submits proposals back to the Finance Department and conducts a preliminary review of the proposed CIP project request or changes to an existing project.

The budget is presented at a high level to the Assistant Manager and the City Manager for their final review and approval in late March. In April, the Infrastructure Committee is presented with the proposed CIP budget, whereafter Finance and Public Works bring forward the new CIP projects for the Planning Commission’s review on how the proposed new CIP projects are in conformance to the City’s general plan. The CIP budget concludes with the City Council’s formal adoption of the one (1) year budget and five-year plan at the designated public hearing in June.
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BASIS OF ACCOUNTING AND BUDGETING
Annual budgets are legally adopted for all General, Special Revenue, Capital Projects, and Enterprise funds on a basis consistent with generally accepted accounting principles.

With the exception of government-wide financial statements prepared in accordance with GASB 34, the City uses the modified-accrual basis for accounting and budgeting of Governmental Fund types which are: General, Special Revenue, and Capital Projects Funds. Under the modified-accrual basis of accounting, revenues are recognized in the accounting period in which they become available and measurable. Those revenues treated as susceptible to accrual primarily consist of taxes, interest, and grant revenues for which reimbursement requests are expenditure-driven. Expenditures are recognized in the accounting period in which the fund liability is incurred, if measurable.

In all presentations, the City uses the accrual basis for accounting and budgeting of its Proprietary Fund type, which is an Enterprise Fund. Revenues are recognized when earned, and expenses are recognized when incurred.

Five-Year CIP
2024-2028

BUDGETARY PROCESS AND OTHER MANAGEMENT INFORMATION
9 CITY OF

NEVADA CITY

CAPITAL IMPROVEMENT PROGRAM

BUDGET PREPARATION TIMELINE
2024-2028
Five-Year CIP
April 3, 2023 Budget packets distributed to Department Heads.

Departments submit work programs and completed budget packets to the Interim Assistant City Manager and City Manager for review. April 7, 2023 Finance prepares 1st draft of Proposed Operating Budget based on department requests. Finance and Public Works prepares 1st draft of Proposed Five-Year Capital Improvement Program (CIP).

April 10 - April 14, 2023
City Manager and Finance Director conduct budget review sessions with each department. Capital Improvement Projects are reviewed with the Infrastructure Committee.

April 17 - April 21, 2023
May 3, 2023 Budget Workshop with City Council and Department Heads.

Finance prepares 2nd draft of Proposed Operating Budget incorporating results of departmental meetings. Finance and Public Works prepares 2nd draft of Proposed Five-Year CIP.

April 24 - April 28, 2023
Finance prepares 3rd draft of Proposed Operating Budget incorporating results of budget workshop. Finance and Public Works prepares 3rd draft of Proposed Five-Year CIP.

May 4 - June 2, 2023
Operating Budget and Five-Year Capital Improvement Program adopted by City Council. June 14, 2023
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NEVADA CITY
AB 1600 Fund - Accounts for revenues received and expenditures made related to Development Impact Fees charged by the City to an applicant in connection with approval of a development project.

Five-Year CIP
2024-2028

REVENUE SOURCES
The accounts of the City are organized on the basis of funds. A fund is defined as an independent fiscal and accounting entity with a self-balancing set of accounts recording resources, together with all related liabilities, obligations, and equities, which are segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations. The City currently uses the following funds:

GENERAL FUND
The General Fund is used to account for the financial resources and expenditures associated with most City operations where revenue is not required to be recorded in a separate fund. Revenues collected in the General Fund are not restricted as to the program or purpose they may be spent upon. They are derived primarily from taxes which account for approximately 78% of all General Fund revenues. Other General Fund revenue sources include licenses and permits, fines and forfeitures, use of money and property, intergovernmental revenues, charges for services, and other miscellaneous revenues.

SPECIAL REVENUE FUNDS
Parks and Recreation Quimby Fund - Accounts for revenues received and expenditures made related to developers who choose to remit fees in-lieu of dedication of land for park and recreation purposes in residential subdivisions.

Donation Projects Fund - Accounts for revenues received and expenditures made related to donations from private citizens and organizations for various City projects.

Department of Transportation Local Partnership Program Fund - Accounts for revenues received and expenditures made for transportation improvements. Financing is provided by the California Transporation Commission to agencies in which voters have approved fees or taxes dedicated solely to transportation improvements or that have imposed fees, including uniform developer fees, dedicated solely to transportation improvements [as defined by Government Code Section 8879.67(b)].

Highway Bridge Program Grant Fund - Accounts for revenues received and expenditures made for the replacement or rehabilitation of public highway bridges over waterways, other topographical barriers, other highways, or railroads when the State and the Federal Highway Administration determine that a bridge is significantly important and qualifies under the HBP program Guidelines. 11 CITY OF

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Gas Tax Fund - Accounts for revenues received and expenditures made for general street maintenance.

Financing is provided by the City’s share of state gasoline taxes collected under the Street and Highway Code, Sections 2103, 2105, 2106, 2107 and 2107.5. Sections 2103, 2105, 2106, and 2107 revenue can be used for street maintenance and construction, while Section 2107.5 revenue is restricted to street engineering activities.

Five-Year CIP
2024-2028

REVENUE SOURCES
Land Water Conservation Fund - Accounts for revenues received and expenditures made for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Financing provided by the California Department of Parks and Recreation.

Congestion Mitigation and Air Quality (CMAQ) Fund - Accounts for revenues received and expenditures made for transportation projects and programs which contribute to the attainment or maintenance of National Ambient Air Quality Standards (NAAQS) in nonattainment or air quality maintenance areas for ozone, carbon monoxide, or particulate matter (PM) under provisions in the Clean Air Act (Title 42, United States Code).

Financing is provided by the California Department of Transportation.

Traffic Congestion Relief Fund - Accounts for revenues received and expenditures made for street and highway pavement maintenance/rehabilitation and reconstruction of necessary associated facilities such as drainage and traffic control devices. SB 1 states “as of June 30, 2017, projects in section 14556.4 for the Traffic Congestion Relief Program shall be deemed complete and final, and funding levels shall be based on actual amounts requested by the designated lead applicant pursuant to section 14556.12.” Regional Traffic Mitigation Fund - Accounts for revenues received and expenditures made for engineering and design costs, environmental documentation, right-of-way acquisition, construction, construction management, and administrative costs related to the regional system of roads, streets, and highways within Nevada City. Financing is provided by the Nevada County Transportation Commission.

Federal Emergency Management Agency (FEMA) Fund - Accounts for revenues received and expenditures made related to FEMA monies used for disaster assistance.

Indian Trails Fund - Accounts for revenues received and expenditures made related to the Indian Trails Subdivision.

Public Safety Power Shutoff (PSPS) Grant Fund - Accounts for revenues received and expenditures made to procure fixed, long-term emergency electrical generation equipment, and develop continuity plans, risk assessments for critical infrastructure, post event reports, public education materials, or supplies to prepare for electric disruption. Financing provided by the California Office of Emergency Services (Cal OES).

Little Deer Creek Fund - Accounts for revenues received and expenditures made to restore a section of Little Deer Creek and provide flood mitigation in the lower filed at Pioneer Park. The project is funded by an Urban Streams Program grant awarded by the California Department of Water Resources. 12 CITY OF

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Five-Year CIP
2024-2028
CABY Miscellaneous Agency Fund - Accounts for revenues received and expenditures made for Cosumnes, American, Bear, and Yuba River (CABY) Proposition 84 Integrated Regional Water Management (IRWM) Grant projects. Funding is provided by the California Department of Water Resources.

REVENUE SOURCES
Brownfields EPA Fund - Accounts for revenues received and expenditures made for a brownfields cleanup grant to clean up the Providence Mine Mining Features Area located on Providence Mine Road and to support community outreach. Funding provided by the United States Environmental Protection Agency (EPA).

Tax - Fire Department Fund - Accounts for revenues received and expenditures made pertaining to a $6 special parcel tax for fire protection services approved by the voters on November 4, 1986. 2003 Fire Tax Fund - Accounts for revenues received and expenditures made pertaining to a $12 special parcel tax for fire protection services approved by the voters as Measure K on November 5, 2002.

Community Development Block Grant (CDBG) Fund - Accounts for revenues received and expenditures made for Community Development Block Grant eligible grants and capital projects. Financing is provided by the U.S. Department of Housing and Urban Development.

Recreational Trails Program (RTP) Grant Fund - Accounts for revenues received and expenditures made to develop non-motorized recreational trails and trails-related facilities. Financing is provided by the California Department of Parks and Recreation.

Proposition 172 Fund - Accounts for revenues received and expenditures made for public safety services such as police and fire. This voter approved one-half cent sales tax is apportioned by the County of Nevada to local agencies based on an agency’s proportionate share of net property tax loss due to the State of California's Education Revenue Augmentation Fund (ERAF).

Mathivet Fund - Accounts for revenues received and expenditures made related to a donation from the Mathivet family.

American Rescue and Recovery Act (ARPA) Fund - Accounts for revenues received and expenditures made for ARPA funded activities and projects.

Permanent Local Housing Allocation Program Fund - Accounts for revenues received and expenditures made to local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Funding is provided by the California Department of Housing and Urban Development.

Measure M Fund - Accounts for revenues received and expenditures made related to the Measure M 0.5 percent sales tax to fund improvements and maintainenance of Nevada City’s streets, sidewalks, pathways, drainage, water distribution, and sewer collection systems and for no other purposes. 13 CITY OF

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Proposition 64 Fund - Accounts for revenues received and expenditures made related to local governments that assist with law enforcement, fire protection, or other local programming to address public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. Funding is provided by the California Board of State and Community Corrections.

Proposition 68 Fund - Accounts for revenues received and expenditures made for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. Funding is provided by the California Department of Parks and Recreaction.

Five-Year CIP
2024-2028

REVENUE SOURCES

CAPITAL PROJECTS FUND
The City Capital Projects Fund accounts for expenditures relating to the City’s individual capital projects. It is used to account for capital improvements such as the construction, repair, and upgrade of City facilities; streets; storm drains; sewers; and park facilities.

Water Fund - Accounts for revenues received and expenditures made related to the City's water operations and capital improvements.

Water - AB 1600 Fund - Accounts for revenues received and expenditures made related to Development Impact Fees charged by the City to an applicant in connection with approval of a development project.