Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 28, 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
Proclamation: 50th Anniversary of Recreation Realty
Announcement: Coffee with a Cop Events
Presentation: Mayor Fleming Recognition
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 June 14, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – May 2023
Recommended Action: Receive and file the report
3. Business Development Fee Waiver Program Activity Report May 2023 Recommended Action: Receive and file the report
4. Consideration of Side Letter No. 1 to the Nevada City Police Officers Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
5. Consideration of Side Letter No. 2 to the Nevada City Miscellaneous Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Adding of the Position of Fuels Reduction Equipment Operator to the Association and Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
6. Consideration of Side Letter No. 2 to the Nevada City Management and Supervisory Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
7. Consideration of Adoption of Resolution No. 2023-38: A Resolution of the City Council of the City of Nevada City Regarding Benefits for Members of the City Council
Recommended Action: Adopt the resolution
8. Consideration of a Notice of Data Breach from the California State Water Resources Control Board
Recommended Action: Receive and file the notice
9. Consideration of the 2022 Consumer Confidence Drinking Water Report Recommended Action: Receive a presentation on and receive and file the report CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
BUSINESS
10. Consideration of the City Parking Study Presentation and Direction for Phased Implementation of Recommendations
Recommended Action: Receive a presentation, receive and file the report, and direct staff on the phased implementation of recommendations in coordination with the Infrastructure Strategic Initiative Committee
11. Consideration of Contract with Desert View Power LLC for Purchase of Attributes for Biomass Energy Production to Fulfill SB1383 Recovered Organic Waste Product Requirements; the Payment of Fair-Share Costs to Pioneer Community Energy JPA for Securing the Contract; and Authorizing the City Manager to Execute the Contract and any Related Documents
Recommended Action: Approve the contract, the payment, and authorize the City Manager to execute documents
12. Consideration of the Second Amendment to Employment Agreement for City Manager Between the City of Nevada City and Sean Grayson Recommended Action: Council to consider approval of the Second Amendment to the Employment Agreement with City Manager Sean Grayson
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless the City Council votes to extend the time.
Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk, for the City of Nevada City, declare that the foregoing agenda for the June 28, 2023, Regular Meeting of the Nevada City City Council was posted June 23, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed June 23, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY June 28, 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
Proclamation: 50th Anniversary of Recreation Realty
Announcement: Coffee with a Cop Events
Presentation: Mayor Fleming Recognition
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 June 14, 2023, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – May 2023
Recommended Action: Receive and file the report
3. Business Development Fee Waiver Program Activity Report May 2023 Recommended Action: Receive and file the report
4. Consideration of Side Letter No. 1 to the Nevada City Police Officers Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
5. Consideration of Side Letter No. 2 to the Nevada City Miscellaneous Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Adding of the Position of Fuels Reduction Equipment Operator to the Association and Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
6. Consideration of Side Letter No. 2 to the Nevada City Management and Supervisory Employee’s Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending Reopeners for the Life of the Contract
Recommended Action: Approve the side letter
7. Consideration of Adoption of Resolution No. 2023-38: A Resolution of the City Council of the City of Nevada City Regarding Benefits for Members of the City Council
Recommended Action: Adopt the resolution
8. Consideration of a Notice of Data Breach from the California State Water Resources Control Board
Recommended Action: Receive and file the notice
9. Consideration of the 2022 Consumer Confidence Drinking Water Report Recommended Action: Receive a presentation on and receive and file the report CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
BUSINESS
10. Consideration of the City Parking Study Presentation and Direction for Phased Implementation of Recommendations
Recommended Action: Receive a presentation, receive and file the report, and direct staff on the phased implementation of recommendations in coordination with the Infrastructure Strategic Initiative Committee
11. Consideration of Contract with Desert View Power LLC for Purchase of Attributes for Biomass Energy Production to Fulfill SB1383 Recovered Organic Waste Product Requirements; the Payment of Fair-Share Costs to Pioneer Community Energy JPA for Securing the Contract; and Authorizing the City Manager to Execute the Contract and any Related Documents
Recommended Action: Approve the contract, the payment, and authorize the City Manager to execute documents
12. Consideration of the Second Amendment to Employment Agreement for City Manager Between the City of Nevada City and Sean Grayson Recommended Action: Council to consider approval of the Second Amendment to the Employment Agreement with City Manager Sean Grayson
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless the City Council votes to extend the time.
Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk, for the City of Nevada City, declare that the foregoing agenda for the June 28, 2023, Regular Meeting of the Nevada City City Council was posted June 23, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed June 23, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
PROCLAMATION
Honoring the 50th Anniversary of Recreation Realty
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Recreation Realty is open for business at 432 Broad Street; and WHEREAS, Recreation Realty, has been in business in Nevada County since 1973 and expanded to Broad Street as a second location in the historic downtown; and WHEREAS, John Hensley, the owner of Recreation Realty notes, “We are overflowing with gratitude as we reflect on the remarkable journey of 50 years in this breathtaking community. We extend our heartfelt thanks to the awe-inspiring Sierra Nevada, the vibrant towns, and the wonderful people who have made this journey truly unforgettable”; and
WHEREAS, a 50th anniversary celebration ceremony will be held at Recreation Realty on Friday July 7, 2023, at 5pm; and
WHEREAS, the 50th anniversary celebration ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Recreation Realty; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the 50th anniversary celebration of Recreation Realty and urges those who visit, live, work, and play in Nevada City to Eat and Shop Local by attending the 50th anniversary celebration ceremony July 7, 2023.
Dated this 28th day of June 2023
______________________________________
Doug Fleming, Mayor
Coffee
wwwiiittthhhaaa
Cop
Nevada City
Police Department
Where: Communal Cafe
When: June 29, 2023
8:00 am - 10:00am
SSSpppeeeccciiiaaalllGGGuuueeesssttt:::
SSSuuunnnnnnyyyttthhheeeMMMiiinnniiiHHHooorrrssseee
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF JUNE 14, 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, Council Members Petersen, Kline and Ceci
Absent: Vice Mayor Fernàndez
ADOPTION OF THE AGENDA:
Action: Motion by Petersen, seconded by Ceci to adopt the Agenda for June 14, 2023 Meeting (Approved 5-0) Fleming, 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
New Employee Introduction: Lisa McCandless, Interim City Planner CONSENT ITEMS:
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 2 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-ToExceed $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
Action: Motion by Fernàndez, Seconded by Petersen, to approve items 1 through 11 on Consent (Approved 4-0) Fleming, Petersen, Kline and Ceci
PUBLIC HEARING
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 3 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 Action: Motion by Kline, Seconded by Petersen, to adopt Resolutions 2023-28 through 2023-32 and 2023-37. Read into the record by title only by Mayor Fleming. (Approved 4-0) Fleming, Petersen, Kline and Ceci
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 AuditorController and Tax Collector to Collect Nevada City’s Special Tax (1986) for Fiscal Year 2023/24 Recommended Action: Adopt the resolutions
Action: Motion by Kline, Seconded by Ceci, to adopt Resolutions 2023-33 and 2023-34. Read into the record by only by Deputy City Clerk
(Approved 4-0) Fleming, Petersen, Kline and Ceci
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 AuditorController 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
Action: Motion by Petersen, Seconded by Kline, to adopt Resolution 2023-36 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 (Approved 4-0) Fleming, Petersen, Kline and Ceci
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
Action: Motion by Kline, Seconded by Petersen, to Award of Contract and Authorization to Purchase Playground Equipment from Miracle Play Systems in an Amount Not-to-Exceed 4 $65,973.81 and Authorize the City Manager to Execute the Contract and any Related Document (Approved 4-0) Fleming, Petersen, Kline and Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 7:47 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 28, 2023 Agenda Item No. 02
Subject: Fire Activity Report – May 2023
From: Sam Goodspeed, Division Chief
Date: June 22, 2023
Reviewed & Approved: STG
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Outside Unit Responses to Nevada City
Station 5 Incident Type Summary Report
Station 5 Response by District
City of Nevada City Incident Type Report
Basic Incident Date Time:
Basic Incident Zone/District Number (Fd1.32):
Apparatus Resource Id (Fd18.1):
Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): Batt 8
1 24 24
Total: 1 Total: 24
Avg: 24.00
Apparatus Resource ID (FD18.1): Engine 84
11 353 32
Total: 11 Total: 353
Avg: 32.09
Apparatus Resource ID (FD18.1): Engine 86
5 86 17
Total: 5 Total: 86
Avg: 17.20
Apparatus Resource ID (FD18.1): Engine 87
1 34 34
Total: 1 Total: 34
Avg: 34.00
Apparatus Resource ID (FD18.1): Engine 90
1 1 1
Total: 1 Total: 1
Avg: 1.00
Apparatus Resource ID (FD18.1): Rescue 84
24 402 17
Total: 24 Total: 402
Avg: 16.75
Total: 43 Total: 900
Avg: 20.84
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 06/14/2023 08:22:02 AM
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
141 - Forest, woods or wildland fire 3 2.29%
142 - Brush or brush-and-grass mixture
fire
2 1.53% 0.00 100.00 100.00 100.00%
143 - Grass fire 1 0.76%
Total: 6 Total: 4.58% Total: 0.00 Total: 100.00 Total:
100.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 5 3.82%
321 - EMS call, excluding vehicle accident
with injury
64 48.85%
322 - Motor vehicle accident with injuries 1 0.76%
324 - Motor vehicle accident with no
injuries.
2 1.53%
Total: 72 Total: 54.96% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 2 1.53%
440 - Electrical wiring/equipment
problem, other
1 0.76%
441 - Heat from short circuit (wiring),
defective/worn
1 0.76%
445 - Arcing, shorted electrical equipment 1 0.76%
463 - Vehicle accident, general cleanup 2 1.53%
Total: 7 Total: 5.34% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
511 - Lock-out 1 0.76%
553 - Public service 6 4.58%
561 - Unauthorized burning 2 1.53%
Total: 9 Total: 6.87% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 22 16.79%
6111 - Holding in Quarters 4 3.05%
622 - No incident found on arrival at
dispatch address
1 0.76%
651 - Smoke scare, odor of smoke 1 0.76%
652 - Steam, vapor, fog or dust thought to
be smoke
1 0.76%
Total: 29 Total: 22.14% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 711 - Municipal alarm system, malicious
false alarm
1 0.76%
735 - Alarm system sounded due to
malfunction
3 2.29%
743 - Smoke detector activation, no fire -
unintentional
1 0.76%
745 - Alarm system activation, no fire -
unintentional
3 2.29%
Total: 8 Total: 6.11% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 131 Total: 100.00% Total: 0.00 Total: 100.00 Total:
100.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
1 of 2 Printed On: 06/14/2023 08:03:55 AM
Basic Incident Date - Derived (Fd1.3):
Agency Name:
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
2 of 2 Printed On: 06/14/2023 08:03:55 AM
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 5 1 - Station 1 - City 5
2 - Station 2 - City 39
5 - Station 5 - City 53
NCC 54 12
NCC 84 8
NCC 86 4
NCC 87 4
NCC 91/92 1
Ophir Hill 4
Penn Valley 1
Rough & Ready 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 06/14/2023 08:04:00 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Agency Name:
Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 1 1.67%
321 - EMS call, excluding vehicle accident
with injury
43 71.67%
324 - Motor vehicle accident with no
injuries.
1 1.67%
Total: 45 Total: 75.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 440 - Electrical wiring/equipment problem,
other
1 1.67%
463 - Vehicle accident, general cleanup 2 3.33%
Total: 3 Total: 5.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 2 3.33%
554 - Assist invalid 1 1.67%
Total: 3 Total: 5.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 4 6.67%
622 - No incident found on arrival at
dispatch address
1 1.67%
Total: 5 Total: 8.33% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 1.67%
745 - Alarm system activation, no fire -
unintentional
3 5.00%
Total: 4 Total: 6.67% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 60 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 06/14/2023 08:03:41 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 03
Subject: Business Development Fee Waiver Program Activity Report May 2023
From: Sean Grayson, City Manager
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
At the October 26, 2022, Regular City Council meeting, the City Council approved the Business Development and Sustainability Fee Waiver Program that was requested through City Council process and the development of the City’s Strategic Plan. The program purpose is to assist Nevada City businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business as well as to incentivize new businesses within Nevada City. The program went into effect on October 27, 2022 and ends June 30, 2023. The program was limited to the first $40,000 in approved fee waivers. At the January 25, 2023, meeting the City Council authorized an increase in the program to $100,000 total. Businesses are limited a maximum of $2000 in fee waivers. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
As of June 22, 2023, the City has approved 238 business applicants for the fee waiver program. $17,752 has been used by businesses to date.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The City Council has authorized a maximum amount of $100,000 for the program.
STRATEGIC PLAN ALIGNMENT:
The Business Development and Sustainability Fee Waiver Program was created consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support. The program specifically addresses, in part, goal #8 of the initiative, “Work with businesses to actively curate the eclectic mix of uniquely Nevada City businesses within the community and actively seek to recruit and retain businesses from outside the City.”
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
None.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 04
Subject: Consideration of Side Letter No. 1 to the Nevada City Police Officers Association Memorandum of Understanding (MOU) July 1, 2022 through June 30, 2025 Extending
Reopeners for the Life of the Contract
From: Sean Grayson, City Manager
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the side letter.
ISSUE STATEMENT AND DISCUSSION:
The current Memorandum of Understanding (MOU) between the City and the Nevada City Police Officers Association (Association) covers the period of July 1, 2022 to June 30, 2025. Article 32:
REOPENERS, of the MOU states:
Section 32.1: The City and NCPOA agree to a reopener during the 2022/2023 Fiscal year to discuss a retirement system enhancement or alternative to retirement system enhancement through defined contribution funding.
Section 32.2: The City and NCPOA agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
Staff anticipates a proposal for the retirement system enhancement by the end of fiscal year 2023/24 and a modification to the medical, dental, and vision insurance coverage by the end of calendar year 2023. The City and the Association desire to extend both reopeners through the life of the contract so that the option to consider both items is maintained. The attached side letter approves this extension.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no financial impact in approving the side letter.
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 including the attached side letter and finds that the recommended action complies with the law.
ATTACHMENTS:
Side Letter No. 1 Nevada City Police Officers Association MOU July 1, 2022 through June 30, 2025
SIDE LETTER AGREEMENT BETWEEN THE CITY OF NEVADA CITY AND THE
NEVADA CITY POLICE OFFICERS ASSOCIATION
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), this Side Letter Agreement (“Agreement”) is entered into on June 14, 2023, between the City of Nevada City (“City”) and the Nevada City Police Officers Association (“NCPOA”) to modify and clarify understanding and interpretation of the memorandum of understanding (“MOU”) covering the July 1, 2022 through June 30, 2025 term. The specific provisions contained in this Agreement shall supersede any conflicting prior oral or written agreements, including the MOU, regarding the matters contained in this Agreement. Except as otherwise provided in this Agreement, the remainder of the MOU and other terms and conditions of employment, including agreements regarding wages and hours, shall remain in full force and effect.
Currently Article 32: REOPENERS, of the MOU states:
Section 32.1: The City and NCPOA agree to a reopener during the 2022/2023 Fiscal year to discuss a retirement system enhancement or alternative to retirement system enhancement through defined contribution funding.
Section 32.2: The City and NCPOA agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
The City and the Association have met and conferred in good faith concerning the terms and conditions of this Agreement and its implementation and now therefore agree to revise Article 38 of the MOU to the following:
Section 32.1: The City and NCPOA agree to a reopener during the term of the MOU to discuss a retirement system enhancement or alternative to retirement system enhancement through defined contribution funding.
Section 32.2: The City and NCPOA agree to a reopener during the term of the MOU for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
CITY OF NEVADA CITY NEVADA CITY POLICE OFFICERS
ASSOCIATION
__________________ __________ __________________ __________ Sean Grayson Date Jake Rhode Date
City Manager
__________________ __________ __________________ __________ Dean J. Pucci Date Kevin Stofleth Date
City Attorney
__________________ __________
Joe Bush Date
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: January 11, 2023 Agenda Item No. 05
Subject: Consideration of Side Letter No. 2 to the Nevada City Miscellaneous Employee’s Association Memorandum of
Understanding (MOU) July 1, 2022 through June 30, 2025
Adding of the Position of Fuels Reduction Equipment Operator to the Association and Extending Reopeners for the Life of the Contract
From: Sean Grayson, City Manager
Date: January 2, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the side letter.
ISSUE STATEMENT AND DISCUSSION:
The current Memorandum of Understanding (MOU) between the City and the Nevada City Miscellaneous Employee’s Association (Association) covers the period of July 1, 2022 to June 30, 2025. Article 38:
REOPENERS, of the MOU states:
City and Association agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
City and Association agree to a reopener during the 2022/2023 Fiscal year to discuss schedule change implementation and potential for shift differential pay.
Staff anticipates a modification to the medical, dental, and vision insurance coverage by the end of calendar year 2023 and a proposal for schedule change by the end of fiscal year 2023/24. The City and the Association desire to extend both reopeners through the life of the contract so that the option to consider both items is maintained. The attached side letter number 2 approves this extension.
Additionally, Article 1: RECOGNITION was amended in the 1st side letter to the MOU stating:
The Nevada City Miscellaneous Employees Association shall be the exclusive representative for the following classifications:
• Accounting Technician
• Community Services Officer / Code Enforcement
• Customer Service Representative
• Maintenance Worker I
• Maintenance Worker II
• Parking Enforcement Officer
• Plant Maintenance Mechanic
• Records Clerk
• Wastewater/Water Operator-In-Training (OIT)
• Wastewater/Water Operator II
With the adoption of the fiscal year 2023/2024 budget, the City Council approved a new position of fuels reduction equipment operator. The work of the position is consistent with other classifications in the Association and is not a management or supervisory position. Side letter number 2 adds the new position to Article 1 for the Association.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no financial impact in approving the side letter.
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 including the attached side letter and finds that the recommended action complies with the law.
ATTACHMENTS:
Side Letter #2 Nevada City Miscellaneous Employees MOU July 1, 2022 through June 30, 2025 SIDE LETTER #2 AGREEMENT BETWEEN THE CITY OF NEVADA CITY AND THE
NEVADA CITY MISCELLANEOUS EMPLOYEES
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), this Side Letter Agreement (“Agreement”) is entered into on June 14, 2023, between the City of Nevada City (“City”) and the Nevada City Miscellaneous Employees (“Employees”) to modify and clarify understanding and interpretation of the memorandum of understanding (“MOU”) covering the July 1, 2022 through June 30, 2025 term. The specific provisions contained in this Agreement shall supersede any conflicting prior oral or written agreements, including the MOU, regarding the matters contained in this Agreement. Except as otherwise provided in this Agreement, the remainder of the MOU and other terms and conditions of employment, including agreements regarding wages and hours, shall remain in full force and effect.
Currently Article 1: Recognition, of the MOU, as modified by side letter #1 of the MOU, states:
Pursuant to the provisions of the City of Nevada City Employee - Employer Relations Resolution No. 2008-25 and the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Nevada City (hereinafter called the "City" and "Employer" interchangeably), has recognized the Nevada City Miscellaneous Employees Association (hereinafter called the "Association") as the exclusive recognized bargaining agent for the employees in the Non-exempt Employees Unit for the purpose of establishing salaries, wages, hours and working conditions.
The Nevada City Miscellaneous Employees Association shall be the exclusive representative for the following classifications:
• Accounting Technician
• Community Services Officer / Code Enforcement
• Customer Service Representative
• Maintenance Worker I
• Maintenance Worker II
• Parking Enforcement Officer
• Plant Maintenance Mechanic
• Records Clerk
• Wastewater/Water Operator-In-Training (OIT)
• Wastewater/Water Operator II
The City and the Association have met and conferred in good faith concerning the terms and conditions of this Agreement and its implementation and now therefore agree to revise Article 1 of the MOU to the following:
Pursuant to the provisions of the City of Nevada City Employee - Employer Relations Resolution No. 2008-25 and the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Nevada City (hereinafter called the "City" and "Employer" interchangeably), has recognized the Nevada City Miscellaneous Employees Association (hereinafter called the "Association") as the exclusive recognized bargaining agent for the employees in the Non-exempt Employees Unit for the purpose of establishing salaries, wages, hours and working conditions.
The Nevada City Miscellaneous Employees Association shall be the exclusive representative for the following classifications:
• Accounting Technician
• Community Services Officer / Code Enforcement
• Customer Service Representative
• Fuels Reduction Equipment Operator
• Maintenance Worker I
• Maintenance Worker II
• Parking Enforcement Officer
• Plant Maintenance Mechanic
• Records Clerk
• Wastewater/Water Operator-In-Training (OIT)
• Wastewater/Water Operator II
Currently Article 38: REOPENERS, of the MOU states:
City and Association agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
City and Association agree to a reopener during the 2022/2023 Fiscal year to discuss schedule change implementation and potential for shift differential pay.
The City and the Association have met and conferred in good faith concerning the terms and conditions of this Agreement and its implementation and now therefore agree to revise Article 38 of the MOU to the following:
City and Association agree to a reopener during the term of the MOU for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
City and Association agree to a reopener during the term of the MOU to discuss schedule change implementation and potential for shift differential pay.
CITY OF NEVADA CITY MISCELLANEOUS EMPLOYEES
__________________ __________ __________________ __________ Sean Grayson Date Brittnie Neundorfer Date
City Manager
__________________ __________ __________________ __________ Dean J. Pucci Date Brandon Pierce Date
City Attorney
__________________ __________
Jesse Ford Date
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 06
Subject: Consideration of Side Letter No. 2 to the Nevada City Management and Supervisory Employee’s Association
Memorandum of Understanding (MOU) July 1, 2022 through
June 30, 2025 Extending Reopeners for the Life of the Contract From: Sean Grayson, City Manager
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the side letter.
ISSUE STATEMENT AND DISCUSSION:
The current Memorandum of Understanding (MOU) between the City and the Nevada City Management and Supervisory Employee’s Association (Association) covers the period of July 1, 2022 to June 30, 2025.
Article 30: REOPENERS, of the MOU states:
City and Association agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
City and Association agree to a reopener during the 2022/2023 Fiscal year to discuss schedule change implementation and potential for shift differential pay.
Staff anticipates a modification to the medical, dental, and vision insurance coverage by the end of calendar year 2023 and a proposal for schedule change by the end of fiscal year 2023/24. The City and the Association desire to extend both reopeners through the life of the contract so that the option to consider both items is maintained. The attached side letter number 2 approves this extension.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no financial impact in approving the side letter.
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 including the attached side letter and finds that the recommended action complies with the law.
ATTACHMENTS:
Side Letter No. 2 Nevada City Management and Supervisory Employees July 1, 2022 through June 30, 2025
SIDE LETTER AGREEMENT #2 BETWEEN THE CITY OF NEVADA CITY AND THE
NEVADA CITY MANAGEMENT AND SUPERVISORY EMPLOYEES
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), this Side Letter Agreement (“Agreement”) is entered into on June 14, 2023, between the City of Nevada City (“City”) and the Nevada City Management and Supervisory Employees (“Employees”) to modify and clarify understanding and interpretation of the memorandum of understanding (“MOU”) covering the July 1, 2022 through June 30, 2025 term. The specific provisions contained in this Agreement shall supersede any conflicting prior oral or written agreements, including the MOU, regarding the matters contained in this Agreement. Except as otherwise provided in this Agreement, the remainder of the MOU and other terms and conditions of employment, including agreements regarding wages and hours, shall remain in full force and effect.
Currently Article 30: REOPENERS, of the MOU states:
City and Association agree to a reopener during the 2022/2023 Fiscal year for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
City and Association agree to a reopener during the 2022/2023 Fiscal year to discuss schedule change implementation and potential for shift differential pay.
The City and the Association have met and conferred in good faith concerning the terms and conditions of this Agreement and its implementation and now therefore agree to revise Article 30 of the MOU to the following:
City and Association agree to a reopener during the term of the MOU for health, dental, and vision insurance coverage to seek expanded options for coverage and City premium cost savings without changes to the employee coverage amounts.
City and Association agree to a reopener during the term of the MOU to discuss schedule change implementation and potential for shift differential pay.
CITY OF NEVADA CITY MANAGEMENT EMPLOYEES
__________________ __________ __________________ __________ Sean Grayson Date Amy Wolfson Date
City Manager
__________________ __________
Dean J. Pucci Date
City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 07
Subject: Consideration of Adoption of Resolution No. 2023- 38: A Resolution of the City Council of the City of Nevada City Regarding Benefits for Members of the City Council From: Sean Grayson, City Manager
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The City Council has not historically received any benefits for their service. It is common, although not required, for cities and other government entities to provide benefits to their Council or other elected policy board. The cost of medical, dental, and vision benefits for City Council members was approved in the City’s fiscal year 2023/2024 budget adopted on June 14, 2023, and in effect July 1, 2023. Government Code section 36516(d) and Government Code section 53200 et seq., govern the benefits for members of the City Council. Consistent with the Government Code. In order for the budgeted benefits to be available to the City Council, a resolution establishing these benefits is required. The attached Resolution 2023-38 establishes benefits for the City Council. These benefits are the same as those conferred to the Management and Supervisory Employees group. Adopting the ordinance will establish the medical, dental and vision benefits of the City Council and make them available to the Councilmembers effective July 1, 2023.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None with this action. The actual cost of benefits available to City Council is funded in the City Council program of the fiscal year 2023/2024 budget.
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:
Resolution 2023-38
RESOLUTION 2023-38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
REGARDING BENEFITS FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, the City of Nevada City does not have a current resolution in place for providing health and welfare benefits to members of the City Council; and WHEREAS, Government Code section 36516(d) and Government Code section 53200 et seq., govern the benefits for members of the City Council; and WHEREAS, in accordance with Government Code section 36516(d) and Government Code section 53200 et seq., the City may provide certain benefits to members of the City Council; and WHEREAS, the City Council of the City of Nevada City desires to adopt a resolution setting benefits for members of the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Nevada City as follows:
1. Members of the City Council shall receive the benefits described below, which are the same health and welfare benefits provided to current employees of the City of Nevada City Management and Supervisory Employees group, except where prohibited by law.
2. Based on the preceding paragraph, the City shall pay 100% of the health premium costs for medical, dental, and vision insurance for members of the City Council with employee-only coverage. For members of the City Council with dependents, the City shall pay 90% of the health premium costs for medical, dental, and vision insurance and the members of the City Council shall pay 10%.
3. Members of the City Council are ineligible to receive cash-in-lieu of health benefits.
4. The City Council may modify benefits from time to time in accordance with applicable law.
5. Under Government Code section 20322, members of the City Council may elect membership in the California Public Employees’ Retirement System (“CalPERS”).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 28th 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 28, 2023 Agenda Item No. 08
Subject: Consideration of a Notice of Data Breach from the California State Water Resources Control Board
From: Sean Grayson, City Manager
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the notice.
ISSUE STATEMENT AND DISCUSSION:
On June 12, 2023, the City received a letter dated June 8, 2023 titled, “Notice of Data Breach” from the California State Water Resources Control Board (Water Boards). The notice includes, in part:
On May 25, 2023, the State Water Board discovered an unauthorized disclosure of information which occurred on September 16, 2022. The disclosed information was contained in a document provided in response to litigation involving the 2021 and 2022 drought emergency regulations for the Sacramento-San Joaquin Delta watershed. A document containing information for water right holders in this watershed was shared with attorneys representing parties in the case. Within that document was information that could be used by a knowledgeable person to access your information in, or submit reports to, account(s) in the Electronic Water Rights Information Management System's Report Management System (RMS), and the Water Right Form and Survey Submittal Portal (Survey Portal). Please note, the State Water Board has no indication of inappropriate access to or use of water right holder accounts.
The information involved includes your:
• Water Right Identifier - login to above websites
• Reporting Identifier - which functions as a password to above websites • Full name*
• Address*
• Phone Number*, and
• Email Address*
*Of the water right holder, agent, person filing report, and qualified individual.
The State Water Board does not solicit sensitive personal or financial information such as Social Security number, Driver's License number, or financial account numbers which could expose you to identity theft. If you did not submit this information as additional remarks or in an attachment, then it was not exposed during this incident.
In short, the information subject to the breach was that of the City of Nevada City. There was no breach of City data or information. The City’s login and password information to the impacted state agency system has been reset and no additional action is needed by the City. The information is provided in this staff report as a matter of transparency and to assure the public that might otherwise hear of the notice of the material facts of the situation.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
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:
Notice of Data Breach Letter from State Water Boards Date June 8, 2023
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 09
Subject: Consideration of the 2022 Consumer Confidence
Drinking Water Report
From: Sean Grayson, City Manager
Michael Faudoa, Chief Plant Operator
Date: June 19, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City is committed to serving our customers through the transparent and accountable management of our water resources. In addition, the United States Environmental Protection Agency (EPA) and State Water Resources Control Board (Water Board) require water systems to deliver a Consumer Confidence Report (CCR), also known as an annual drinking water quality report, to their customers. These reports provide the Community with information about their local drinking water quality.
In order to comply with US Environmental Protection Agency requirements, the Consumer Confidence Drinking Water Reports must be made available to customers and provided to the state of California by July 1 of each year and must contain specified content. The 2022 edition of the CCR is included as an attachment. The 2022 CCR was mailed to all water customers in the City at the end of June 23, 2023. The 2022 CCR, and previous years CCRs, have been made available on the City website. The July/August 2023 City Newsletter included the complete 2022 CCR and information on how to access the 2022 CCR online.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Not applicable
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ATTACHMENTS:
2022 Consumer Confidence Report
2015 SWS CCR Form Revised Jan 2016
2022 Consumer Confidence Report
Water System Name: Nevada City WTP 2910002 Report Date: 6/23/2023 We test the drinking water quality for many constituents as required by state and federal regulations. This report shows the results of our monitoring for the period of January 1 - December 31, 2022 and may include earlier monitoring data.
Este informe contiene información muy importante sobre su agua potable. Tradúzcalo ó hable con alguien que lo entienda bien.
Type of water source(s) in use: Surface Water
Name & general location of source(s): Deer Creek Watershed, Nevada Irrigation District DS Canal Drinking Water Source Assessment information:
The City of Nevada City water system is located in Nevada County CA, serving a population of 3,010, with approximately 1,252 service connections. Water for the system is provided by surface water in Deer Creek watershed, and by the Nevada Irrigation District’s DS Canal. General land uses in the watershed are residential dwellings, managed forests and undeveloped land. A surface water source assessment was competed for the Deer Creek watershed in 2021. This surface water source is considered to be vulnerable to storm drain discharge; historic mining, propane storage tanks, septic systems, use of pesticides and herbicides, fertilizers, managed forests, streets, roads, and water supply wells. A complete copy of NID’s complete assessment is available for review at Nevada City Hall, 317 Broad St., Nevada City CA 95959. You may also contact the State Water Resources Control Board, Division of Drinking Water, 1001 I Street, Sacramento, CA, 95814 to review either of the source water assessment reports.
Time and place of regularly scheduled board meetings for public participation: City Council meetings are held on the 2nd and 4th Wednesdays of each month, 6:30
PM 317 Broad Street, Nevada City, CA
For more information, contact: Michael R Faudoa, Chief Plant Operator Phone: (530) 265-8668
TERMS USED IN THIS REPORT
Maximum Contaminant Level (MCL): The highest
level of a contaminant that is allowed in drinking
water. Primary MCLs are set as close to the PHGs (or
MCLGs) as is economically and technologically
feasible. Secondary MCLs are set to protect the odor,
taste, and appearance of drinking water.
Maximum Contaminant Level Goal (MCLG): The
level of a contaminant in drinking water below which
there is no known or expected risk to health. MCLGs
are set by the U.S. Environmental Protection Agency
(USEPA).
Public Health Goal (PHG): The level of a
contaminant in drinking water below which there is no
known or expected risk to health. PHGs are set by the
California Environmental Protection Agency.
Maximum Residual Disinfectant Level (MRDL):
The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a
disinfectant is necessary for control of microbial
contaminants.
Maximum Residual Disinfectant Level Goal
Primary Drinking Water Standards (PDWS): MCLs and
MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.
Secondary Drinking Water Standards (SDWS): MCLs for
contaminants that affect taste, odor, or appearance of the drinking water. Contaminants with SDWSs do not affect the health at the MCL levels.
Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.
Regulatory Action Level (AL): The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
Variances and Exemptions: State Board permission to
exceed an MCL or not comply with a treatment technique
under certain conditions.
ND: not detectable at testing limit
ppm: parts per million or milligrams per liter (mg/L)
ppb: parts per billion or micrograms per liter (µg/L)
Consumer Confidence Report Page 2 of 5
2015 SWS CCR Form Revised Jan 2016
(MRDLG): The level of a drinking water disinfectant
below which there is no known or expected risk to
health. MRDLGs do not reflect the benefits of the use
of disinfectants to control microbial contaminants.
ppt: parts per trillion or nanograms per liter (ng/L)
ppq: parts per quadrillion or picogram per liter (pg/L) pCi/L: picocuries per liter (a measure of radiation)
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.
Contaminants that may be present in source water include:
• Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
• Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. • Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
• Organic chemical contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive contaminants, that can be naturally-occurring or be the result of oil and gas production and mining activities.
In order to ensure that tap water is safe to drink, the USEPA and the State Water Resources Control Board (State Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems.
State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.
Tables 1, 2, 3, 4, 5, 7, and 8 list all of the drinking water contaminants that were detected during the most recent sampling for the constituent. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. The State Board allows us to monitor for certain contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of the data, though representative of the water quality, are more than one year old.
TABLE 1 – SAMPLING RESULTS SHOWING THE DETECTION OF COLIFORM BACTERIA Microbiological
Contaminants
(complete if bacteria detected)
Highest No.
of
Detections
No. of months in
violation MCL MCLG Typical Source of Bacteria
Total Coliform Bacteria (In a mo.) 0 More than 1 sample in a month with a detection
0 Naturally present in the
environment
Fecal Coliform or E. coli (In the year) 0 A routine sample and a repeat sample detect
total coliform and either
sample also detects fecal
coliform or E. coli
0 Human and animal fecal waste
TABLE 2 – SAMPLING RESULTS SHOWING THE DETECTION OF LEAD AND COPPER Lead and Copper
(complete if lead or copper
detected in the last sample set)
Sample
Date
No. of
samples
collected
90th
percentile
level
detected
No. sites
exceeding
AL
AL PHG Typical Source of Contaminant
Lead (ppb) 2020 10 ND 0 15 0.2 Internal corrosion of household water plumbing systems;
discharges from industrial
manufacturers; erosion of natural
deposits
Copper (ppb) 2020 10 ND 0 1300 300 Internal corrosion of household plumbing systems; erosion of
natural deposits; leaching from
wood preservatives.
Consumer Confidence Report Page 3 of 5
2015 SWS CCR Form Revised Jan 2016
TABLE 3 – SAMPLING RESULTS FOR SODIUM AND HARDNESS
Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections MCL PHG(MCLG) Typical Source of Contaminant
Sodium (ppm) 9/7/2022 2.8 2.5 none none Salt present in the water and is generally naturally occurring.
Hardness (ppm) 9/7/2022 13
12 none none Sum of polyvalent cations present
in the water, generally magnesium
and calcium, and are usually
naturally occurring.
*Any violation of an MCL or AL is asterisked. Additional information regarding the violation is provided later in this report.
TABLE 4 – DETECTION OF CONTAMINANTS WITH A PRIMARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
Gross Alpha (pCi/L) 9/7/2022 1.9 15 0 Erosion of natural deposits.
Five Haloacetic Acids
(HAA5) (ppb)
9/7/2022 21.45 10-20 60 N/A Byproduct of drinking water chlorination.
Total Trihalomethanes
(TTHM) (ppb)
9/7/2022 30.5 23 – 32 80 N/A Byproduct of drinking water chlorination.
Chlorine (ppm) 9/7/2022 1.5 0.6-2.0 4 4 Drinking water disinfectant.
TABLE 5 – DETECTION OF CONTAMINANTS WITH A SECONDARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections MCL PHG(MCLG) Typical Source of Contaminant
Total Dissolved Solids
(ppm)
9/7/2022 38 - 1,000 None Runoff/leaching from natural
sources.
Sulfate as SO4 (ppm) 9/7/2022 1.4 - 500 None Runoff/leaching from natural sources.
Chloride (ppm) 9/7/2022 2.2 - 500 None Runoff/leaching from natural sources.
Aluminum (ppb) 9/7/2022 36.8 14.3-182.9 1000 600 Naturally present and residual from treatment process.
Specific Conductance
(umhos/cm)
9/7/2022 41 - 1,600 None Substances that form ions when in water.
TABLE 6 – DETECTION OF UNREGULATED CONTAMINANTS
Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections Notification Level Health Effects Language
Total Organic Carbon
(ppm)
9/7/2022
1.90 1.0 – 50.0
Barium (ppb)
9/7/2022
Non detect 100
Total Alkalinity (ppm) 9/7/2022 24.4 50
*Any violation of an MCL, MRDL, or TT is asterisked. Additional information regarding the violation is provided later in this report.
Consumer Confidence Report Page 4 of 5
2015 SWS CCR Form Revised Jan 2016
Additional General Information on Drinking Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline (1-800-426-4791).
Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).
Lead-Specific Language for Community Water Systems: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Nevada City Water Treatment Plant is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. [Optional: If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants.] If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/lead.
Summary Information for Violation of a MCL, MRDL, AL, TT, or Monitoring and Reporting Requirement
VIOLATION OF A MCL, MRDL, AL, TT, OR MONITORING AND REPORTING REQUIREMENT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
0 0
For Systems Providing Surface Water as a Source of Drinking Water TABLE 8 - SAMPLING RESULTS SHOWING TREATMENT OF SURFACE WATER SOURCES Treatment Technique (a)
(Type of approved filtration technology used) Conventional Treatment-Filtration Turbidity Performance Standards (b)
(that must be met through the water treatment process)
Turbidity of the filtered water must:
1 – Be less than or equal to 0.3NTU in 95% of measurements in a month. 2 – Not exceed 1.0 NTU for more than eight consecutive hours. 3 – Not exceed 5.0 NTU at any time.
Lowest monthly percentage of samples that met Turbidity Performance Standard No. 1.
100%
Highest single turbidity measurement during the year 0.5 Number of violations of any surface water treatment
requirements
0 Consumer Confidence Report Page 5 of 5
2015 SWS CCR Form Revised Jan 2016
(a) A required process intended to reduce the level of a contaminant in drinking water. (b) Turbidity (measured in NTU) is a measurement of the cloudiness of water and is a good indicator of water quality and filtration performance.
Turbidity results which meet performance standards are considered to be in compliance with filtration requirements. * Any violation of a TT is marked with an asterisk. Additional information regarding the violation is provided below.
Summary Information for Violation of a Surface Water TT
VIOLATION OF A SURFACE WATER TT
TT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
0 0
0 Summary Information for Operating Under a Variance or Exemption
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 10
Subject: Consideration of the City Parking Study Presentation and Direction for Phased Implementation of Recommendations From: Sean Grayson, City Manager
Bryan McAlister, City Engineer
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive a presentation, receive and file the report, and direct staff on the phased implementation of recommendations in coordination with the Infrastructure Strategic Initiative Committee.
ISSUE STATEMENT AND DISCUSSION:
On August 24, 2022, the City Council awarded a contract to TJKM Transportation Consultants for a Parking Demand Study. Staff has been working with TJKM to develop the study. A community survey was released and the Infrastructure Strategic Initiative Committee provided feedback in the process. The Infrastructure Strategic Initiative Committee met on June 7, 2023, and received a presentation on the draft study. The committee recommended advancing the study and presentation to the City Council.
The consultant team will present the draft study, survey findings, and provide recommendations to the City Council. The consultant team and staff will be available for questions from the public and/or the City Council.
Staff recommends that the consultant recommendations be separated into two categories. Category 1 includes recommendations that can be accomplished for a small amount of money under the City Manager’s authority, do not require City Council approval after initial direction and can be accomplished within 6-12 months. Addressing these recommendations would be coordinated with the Infrastructure Committee and relevant stakeholders, and implementation would begin in calendar year 2023. Category 1 recommendations include:
• Upgrade or install new parking T stalls
• Increase public awareness of parking options –Include parking information on City websites, Chamber of Commerce, Google maps/Waze pinned public parking lots. • Parking for Festivals/special events
Category 2 includes recommendations that require additional funding, require stakeholder input, and require evaluation prior to implementation. Evaluation for most can be completed within 6 months but implementation will vary. Work on these recommendations would be coordinated with the Infrastructure Committee and relevant stakeholders and return to the City Council for approval to proceed within fiscal year 2023/2024. Category 2 recommendations include:
• Pilot Smart Meter and Performance-Based Pricing (evaluate options for phased replacement of coin-based meters including contemporary technology options) • Shared Parking Agreements
• Upgrade and improve existing employee permit program
o Permit holders to park regardless of time restrictions o Provide incentives for employees to park further
• Pave Clark Street lot
• Install updated and appropriate signage
o Both regulatory signage and parking specific directional signage o Proper naming or number of lots for easy location
• Parking enforcement and existing parking durations
o Explore license plate recognition technology
o Customer service enhancements and streamline operations o Monitor time limits, permits, and payment compliance
• Promote and Expand Multimodal Alternatives
• Improve existing parking lots to promote and enhance walkability o Upgrade lighting, resurfacing/striping, trash pick-up, landscape maintenance • Evaluate Dining Encroachment Program
• Explore viability and need of Parking Structure or surface lot improvements Given the seasonal nature of business activities within the city, variation within seasons related to special events, and changes in parking that will occur due to pending public and private projects, staff recommends that a method for ongoing sampling of parking counts be considered by the Infrastructure Committee. Using the study’s baseline, additional data collection over time can help define benchmarks to refine plans to address the challenges of parking at a more granular level by time and location.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There are no specific financial costs associated with receiving the report. Any costs associated with the implementation of recommendations from the report will be included when considered by the City Council.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Infrastructure: Parking, Roads, Right-of-Way, and other public and contracted infrastructure. The action specifically addresses goal #2, “Complete the parking study and seek City Council approval for a comprehensive plan to address parking, metering, rates, EV charging”.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable with this action. Future activities related to parking will be evaluated for environmental review needs prior to implementation.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Parking Study Presentation
Draft Report Nevada City Parking Study
NEVADA CITY PARKING DEMAND STUDY
DOWNTOWN AND SEVEN HILLS
City Council Meeting
6/28/2023
GOALS OF THE MEETING
• Present results of online survey and data analysis
• Present preliminary strategies and recommendations
• Discussion
PROJECT BACKGROUND INFO
• Analyze existing parking demand and supply, and develop strategies to improve utilization in Downtown and Seven Hills
• Collect data and conduct parking counts for review
• Consistency with previous parking plans and other studies • Consider existing parking demand and future development in Downtown/Seven Hills and those impacts
• Align the strategies with goals of the City of Nevada City entities and stakeholders
STUDY AREA - DOWNTOWN
WEBSTER ST.
JACKSON ST.
EMPIRE ST.
TEXAS ST.
MISSOURI ST.
STUDY AREA – SEVEN HILLS
SURVEY RESULTS
• Online parking survey conducted as part of this study • The survey was available on
www.nevadacityparkingstudy.com
• Promoted through various City of Nevada City
social media and community outlets.
• There were 754 total responses along with over
600 comments received.
SURVEY RESULTS - DOWNTOWN
What Best Describes You?
Which location best describes
where you live?
How long is your typical visit?
SURVEY RESULTS
How do you typically access? Where do you typically park? How long it does it typically take to find parking?
SURVEY RESULTS
What is a reasonable distance to your
destination?
Which on-street parking limits do you
typically use to park?
SURVEY RESULTS
What type of business do you
own and/or work at?
How do you get to the place you own/place
of employment?
Where do you typically park?
SURVEY RESULTS
How long does it typically take to
find available parking?
How far away do you typically park from
work?
What is a reasonable distance for you to walk?
SURVEY RESULTS – SEVEN HILLS
What Best Describes You? How long is your typical visit? How do you typically access?
SURVEY RESULTS
Where do you typically park? How long it does it typically take to find parking?
What is a reasonable walking
distance to your destination?
SURVEY RESULTS
What type of business do you
own and/or work at?
How do you get to the place you own/place of
employment?
Where do you typically park?
SURVEY RESULTS
How long does it typically take to find
available parking?
How far away do you typically park from
work?
What is a reasonable distance for you to walk?
SURVEY RESULTS
DOWNTOWN SEVEN HILLS
DATA ANALYSIS
• Parking occupancy counts were collected 11 a.m. and 1, 3, 5, 7 and 9p.m. on Friday December 2nd , 2022 and on Saturday, December 3rd, 2022 for on-street block faces and off-street public and private parking facilities located in both Downtown Nevada City and Seven Hills Business District. • For Downtown - 739 parking spaces, of which 556 are on-street spaces and 183 are offstreet public spaces. • For Seven Hills – 151 parking spaces, all on-street spaces, 4 spaces are restricted to city/county vehicles
DATA ANALYSIS - DOWNTOWN
Parking Observed Weekday Occupancy On-Street Parking Observed Weekday Occupancy Off -Street Parking Observed Weekday Occupancy Parking Observed Weekend Occupancy On-Street Observed Weekend Occupancy Off -Street Parking Observed Weekend Occupancy DATA ANALYSIS – SEVEN HILLS
Parking Observed Weekday Occupancy Parking Observed Weekend Occupancy
RECOMMENDATIONS AND STRATEGIES
• Increase public awareness of parking options – Include parking information on City websites, Chamber of
Commerce, Google maps/Waze pinned public parking lots.
• Pilot Smart Meter and Performance-Based Pricing
• Upgrade or install new parking T stalls
RECOMMENDATIONS AND STRATEGIES
• Upgrade and improve existing employee permit program
• Permit holders to park regardless of time restrictions • Provide incentives for employees to park further
• Improve existing parking lots to promote and enhance walkability • Upgrade lighting, resurfacing/striping, trash pick-up, landscape maintenance
RECOMMENDATIONS AND STRATEGIES
• Install updated and appropriate signage
• Both regulatory signage and parking specific directional signage • Proper naming or number of lots for easy location
• Parking for Festivals/special events
• Promote and Expand Multimodal Alternatives
• Parking enforcement and existing parking durations
• Explore license plate recognition technology
• Customer service enhancements and streamline operations • Monitor time limits, permits, and payment compliance
RECOMMENDATIONS AND STRATEGIES
• Shared Parking Agreements
• Evaluate Dining Encroachment Program
• In-Lieu Parking Payment Program
• Explore viability and need of additional parking capacity
DISCUSSION
THANK YOU!
DOWNTOWN & SEVEN HILLS BUSINESS DISTRICT PARKING STUDY | City of Nevada City Downtown and Seven Hills Parking
Demand Study
City of Nevada City
Draft Report
June 2023
DOWNTOWN & SEVEN HILLS BUSINESS DISTRICT PARKING STUDY | City of Nevada City DOWNTOWN & SEVEN HILLS BUSINESS DISTRICT PARKING STUDY | City of Nevada City Table of Contents
DOWNTOWN AND SEVEN HILLS PARKING DEMAND STUDY......................................................................1 City of Nevada City ....................................................................................................................................................1 EXECUTIVE SUMMARY..................................................................................................................................................6 INTRODUCTION...............................................................................................................................................................7 Planning Elements......................................................................................................................................................7 Study Areas...................................................................................................................................................................7 Downtown.....................................................................................................................................................................7 Summary..................................................................................................................................................................... 10 EXISTING PARKING UTILIZATION .......................................................................................................................... 11 Data Collection......................................................................................................................................................... 11 Downtown Inventory.............................................................................................................................................. 12 Seven Hills Inventory.............................................................................................................................................. 15 Parking Supply.......................................................................................................................................................... 17 Parking Occupancy ................................................................................................................................................. 17 Downtown Nevada City ........................................................................................................................................ 17 Seven Hills Business District................................................................................................................................ 20 Data Collection......................................................................................................................................................... 22 Existing Parking Supply and Occupancy – Downtown Nevada City......................................................... 23 Parking Supply – Downtown Nevada City ..................................................................................................... 23 Parking Occupancy Analysis................................................................................................................................ 25 Existing Parking Supply and Occupancy – Seven Hills Business District................................................. 40 Parking Occupancy Analysis................................................................................................................................ 42 Summary..................................................................................................................................................................... 52 STAKEHOLDER OUTREACH ...................................................................................................................................... 53 Online Public Survey............................................................................................................................................... 53 Background and Methodology .......................................................................................................................... 53 Compilation of Data ............................................................................................................................................... 53 Stakeholder Meetings and Outreach............................................................................................................... 54 PARKING POLICY AND PROPOSAL AND MANAGEMENT STRATEGIES .................................................. 55 DOWNTOWN & SEVEN HILLS BUSINESS DISTRICT PARKING STUDY | City of Nevada City Downtown Recommendations................................................................................................................................ 57 Near-Term (0-2 years) Recommendations .................................................................................................... 57 Mid-Term (2-5 years) Recommendations ...................................................................................................... 62 Long-Term (5+ years) Recommendations ..................................................................................................... 64 Seven Hills Recommendations................................................................................................................................ 66 IMPLEMENTATION PLAN.......................................................................................................................................... 68 List of Figures
Figure 1: Downtown Nevada City Study Area......................................................................................................8 Figure 2: Seven Hills Business District Study Area..............................................................................................9 Figure 3: On-Street and Off-Street Parking Facilities in Downtown Nevada City ............................... 12 Figure 4: On-Street and Off-Street Parking Facilities in Seven Hills ......................................................... 15 Figure 5: On-street and Off-street Parking ........................................................................................................ 19 Figure 6: On-street Parking Supply ....................................................................................................................... 21 Figure 7: Parking Restrictions .................................................................................................................................. 24 Figure 8: Overall Parking Occupancy on the Observed Weekday............................................................. 26 Figure 9: Parking Occupancy at 1 pm on the Observed Weekday............................................................ 27 Figure 10: Parking Occupancy at 3 pm on the Observed Weekday ......................................................... 28 Figure 11: Parking Occupancy at 5 pm on the Observed Weekday ......................................................... 29 Figure 12: On-street Public Parking Occupancy on the Observed Weekday........................................ 30 Figure 13: Off-street Public Parking Occupancy on the Observed Weekday........................................ 31 Figure 14: Overall Parking Occupancy on the Observed Weekend.......................................................... 33 Figure 15: Parking Occupancy at 1pm on the Observed Weekend.......................................................... 34 Figure 16: Parking Occupancy at 3pm on the Observed Weekend.......................................................... 35 Figure 17: Parking Occupancy at 7pm on the Observed Weekend.......................................................... 36 Figure 18: On-street Public Parking Occupancy on the Observed Weekend ....................................... 37 Figure 19: Off-street Public Parking Occupancy on the Observed Weekend....................................... 38 Figure 20: Parking restriction – Seven Hills Business District ...................................................................... 41 Figure 21: Overall Parking Occupancy on the Observed Weekday .......................................................... 43 Figure 22: Parking Occupancy at 11 am on the Observed Weekday....................................................... 44 Figure 23: Parking Occupancy at 1 pm on the Observed Weekday ......................................................... 45 Figure 24: Observed Weekday On-street Parking Occupancy – Seven Hills Business District....... 46 Figure 25: Overall Parking Occupancy – Observed Weekday ..................................................................... 47 Figure 26 : Overall Parking Occupancy on the Observed Weekend......................................................... 48 Figure 27: Parking Occupancy at 1pm on the Observed Weekend – Seven Hills Business District ............................................................................................................................................................................................. 49 Figure 28: On-street Parking Occupancy – Observed Weekend................................................................ 50 DOWNTOWN & SEVEN HILLS BUSINESS DISTRICT PARKING STUDY | City of Nevada City Figure 29: Google Map label ................................................................................................................................... 57 Figure 30: Current Parking Infrastructure Map................................................................................................. 59 List of Tables
Table 1: Downtown Parking Supply Inventory.................................................................................................. 14 Table 2: Parking Supply Inventory – Seven Hills Business District............................................................. 16 Table 3: Parking Supply Inventory ......................................................................................................................... 23 Table 4: Overall Parking Occupancy - Weekday............................................................................................... 32 Table 5: Weekend Overall Parking Occupancy – Downtown Nevada City............................................. 39 Table 6: Parking Supply Inventory – Seven Hills Business District............................................................. 40 Table 7: Overall Parking Occupancy – Observed Weekend......................................................................... 51 DOWNTOWN & SEVEN HILLS BUSINESS DISTRICT PARKING STUDY | City of Nevada City Executive Summary
The City of Nevada Parking Demand Study (Parking Study) documents existing parking utilization and proposed parking management strategies to achieve its overarching goals and visions for Downtown and Seven Hills Business District. These goals and visions include: development of a parking management plan and strategy for Downtown and Seven Hills, balance the long and short-term parking needs of residents, employees, business owners, customers, and visitors, improve access and safety through parking policies that can grow and adapt, and explore innovative and technological parking management concepts that are data-driven and flexible.
The Parking Study serves as a blueprint that summarizes parking management programs, various policy proposals, tools and strategic solutions that will guide decisions on Downtown and Seven Hills parking.
With increasing development in Nevada City, the City will continue to thrive and attract more vehicular trips resulting in an increase in parking demand. Our parking strategies will uphold the objectives to ensure balanced use of public parking, mitigate impacts to the surrounding residential areas, and maintain economic vibrancy of Downtown and Seven Hills. The Parking Study summarizes the data collection, analysis, findings, stakeholder input, and recommendations.
The Parking Study is developed to be consistent with the existing General Plan as well as design guidelines, municipal codes, and other relevant and applicable plans.
Nevada City, located 60 miles northeast of Sacramento, is the county seat of Nevada County.
Settled during the California Gold Rush, Nevada City has a large downtown historic district and is convenient Tahoe National Forest, South Yuba River, and hiking and camping in the High Sierras.
As the county seat, Nevada City is a hub of government, commerce and the arts for the surrounding region and boasts numerous community events year round along with a desirable small town sense of community.
7 Introduction
Planning Elements
The Parking Study coordinates with the City of Nevada City 1980 General Plan and Design Guidelines from 1995 and 2015. The Nevada City General Plan includes a Parking Element that outlines the city's policies and goals related to parking. The Parking Element provides guidance for the planning and management of parking within the city. The Parking Element aims to ensure that adequate parking is available to support the city's economic development, while also promoting alternative transportation modes to reduce traffic congestion and air pollution. It provides a framework for the development of parking facilities, parking requirements for new development, and the management of existing parking facilities. The Design Guidelines for Nevada City, California, originally adopted by the City Council in 1995 and updated in 2015, provide recommendations for the design of parking areas that prioritize pedestrian safety and accessibility, while also enhancing the character and visual appeal of the surrounding area. Key recommendations include: location and layout, landscaping and screening, lighting, materials, and sustainable design. The City of Nevada City Municipal On-Street Parking Code details the City’s standards and zoning regulations surrounding on-street parking, including no stopping zones, no parking area, parking adjacent to schools, emergency parking signs, parking lot closures, time limited parking, diagonal parking, parking space markings, ADA parking requirements, loading zones, bicycle parking zones, street parking meter time limits, enforcement, and rates. Additional planned and proposed development projects that have a parking component were also reviewed including: Nevada Street parking lot, Clark Street lot, Courthouse lot, and Spring Street parking lot.
Study Areas
Downtown
The Downtown Nevada City study area is bordered by Bennett Street, Cottage Street and Court Street to the north, Coyote Street, High Street, and Sacramento Street to the east, Spring Street and Factory Street to the south, and Mill Street and Spring Street to the west. This area encompasses the Downtown Nevada City National Register District and boasts an array of pedestrian-scaled shops, restaurants, government and cultural facilities, art galleries, lodging accommodations, and office and residential uses above the first floor. Figure 1 illustrates the Downtown Nevada City study area.
8 Figure 1: Downtown Nevada City Study Area
9 Seven Hills Business District
The Seven Hills Business District study area focuses on Zion Street to the west, Searls Avenue to the east with Argall Way in the middle. This area is primarily retail and restaurant, with a grocery store and other service establishments. Residential, both single family and multi-family surround the area. Figure 2 illustrates the Seven Hills Business District study area.
Figure 2: Seven Hills Business District Study Area
10 Summary
This study develops a parking occupancy and utilization analysis to document existing and potential parking capacity in Downtown Nevada City and Seven Hills Business District.
Downtown
For Downtown Nevada City, there are a total of 739 parking spaces in the Downtown Nevada City study area, of which 556 are on-street spaces and 183 are off-street public spaces. There are a total of 115 Private Parking spaces reserved for city, county vehicles and other reserved spaces.
During the study period, the findings suggest that the study area reaches a maximum occupancy of 75 percent in the weekdays, with about 186 parking spaces unoccupied, and 66 percent on the weekends, with about 248 parking spaces unoccupied.
During the weekday, on-street parking is observed to reach a maximum of 74 percent occupancy, which was observed between 1 p.m. and 2 p.m., leaving about 144 spaces available. On weekdays, off-street public parking is observed to reach a maximum of 77 percent occupancy, observed between 1 p.m. to 2 p.m., leaving approximately 42 spaces open.
During the observed weekend, on-street parking is observed to reach a maximum of 65 percent, which was observed between 1 p.m. to 2 p.m., leaving approximately 193 spaces open. During the weekend, off-street public parking is observed to reach a maximum occupancy of 70 percent was observed between 1 p.m. to 2 p.m., leaving approximately 55 spaces open.
Seven Hills Business District
In regards to Seven Hills, there are a total of 151 parking spaces in the Seven Hills Business District study area, all of which are on-street spaces. Total public on street parking spaces available are 147 and these spaces are considered for this study.
The findings suggest that the study area reaches a maximum occupancy of 36 percent in the weekdays, with about 94 parking spaces unoccupied, and 14 percent on the weekends, with about 116 parking spaces unoccupied.
During the weekday, on-street parking is observed to reach a maximum of 36 percent occupancy, which was observed between 11 a.m. and 2 p.m., leaving about 94 spaces available.
During the observed weekend, on-street parking is observed to reach a maximum of 14 percent, which was observed between 1 p.m. to 2 p.m., leaving approximately 127 spaces open. 11 EXISTING PARKING UTILIZATION
This section describes the parking data collection and existing parking utilization for both Downtown and Seven Hills. The existing parking analysis was conducted for parking supply, parking restrictions and hourly parking occupancy.
A parking occupancy of 85 percent is typically defined as the practical threshold that indicates a healthy and balanced parking usage between supply and demand. Any proposed parking strategies set forth in the Parking Study is aimed at maintaining an occupancy of 85 percent at a block-face or lot level. In this analysis, parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered overutilized.
Turnover is also a key consideration since high turnover rate signifies that users are not occupying a space for long, which allows the space to be occupied by another visitor. In general, parking for shorter visits and loading should be more convenient since the closer proximity minimizes time for walking to and from the car and the intended destination. For someone intending to stay for a longer period of time, extra walk times is not much of a consideration since that extra time is expected.
Data Collection
In consultation with City staff, a data collection area was finalized to include information concerning on-street parking and public parking lots. Private parking lots were not considered as part of this study. with the following data categories:
Parking Inventory: The number of parking spaces available in the study area was collected for on-street and off-street public parking lots. Time restrictions, accessible (ADA) spaces and other regulations were classified.
Parking Occupancy: Parking occupancy counts were collected 11 a.m. and 1, 3, 5, 7 and 9p.m. on Friday December 2nd , 2022 and on Saturday, December 3rd, 2022 for on-street block faces and off-street public and private parking facilities located in both Downtown Nevada City and Seven Hills Business District.
Figure 1 illustrates locations and supply of parking spaces for on-street block faces and off-street lots in Downtown and Figure 2 illustrates the same in Seven Hills. Detailed parking data sheets with supply are provided in Appendix B.
12 Figure 3: On-Street and Off-Street Parking Facilities in Downtown Nevada City Downtown Inventory
For analysis purpose, parking facilities in the study area are organized into on-street and off-street (public and permit). There are a total of 739 parking spaces in the Downtown Nevada City study area, of which 556 are on-street spaces and 183 are off-street public spaces. There are a total of 115 Private Parking spaces reserved for city, county vehicles and other reserved spaces. 13 Table 1 lists the number of on-street and off-street parking spaces. For the occupancy analysis section of this report, parking facilities in the study area which are available to public are considered. Private on-street and off-street parking is excluded from the analysis. 14 Table 1: Downtown Parking Supply Inventory
Facility Type Number of Spaces Percentage
On-street (Public) 556 65%
Off-street (Public) 183 21%
Private Parking 115 13%
Total 854 100%
Of the total number of parking spaces (854), 86 percent (739 spaces) are unrestricted, all-day parking spaces. About 1.2 percent (11 spaces) are either loading zones (yellow curb). About 2 percent (18 spaces) are ADA parking spaces. The remaining spaces are reserved parking, private parking, city and county vehicle parking.
About 65 percent (556 spaces) of the on-street parking spaces are unrestricted, all day parking spaces. About 21 percent (183 spaces) of the public off-street parking is unrestricted, all day parking.
15 Figure 4: On-Street and Off-Street Parking Facilities in Seven Hills Seven Hills Inventory
For analysis purpose, parking facilities in the Seven Hills study area are organized into on-street and private parking spaces. Private parking spaces are reserved for city and county use and not available to public. It should be noted that for the purpose of this analysis, on-street public parking spaces were analyzed only. There are a total of 151 parking spaces in the Seven Hills Business District study area, all of which are on-street spaces. Total public on street parking spaces available are 147 and these spaces are considered for this study. Table 2 lists the number of on-street parking spaces. For the occupancy analysis section of this report, parking facilities in the Seven Hills study area which are available to public are considered. Private on-street and off-street parking is excluded from the analysis.
16 Table 2: Parking Supply Inventory – Seven Hills Business District Facility Type Number of Spaces Percentage
On-street (Public) 147 97%
Private Parking 4 3%
Total 151 100%
Of the total number (151) of parking spaces, 3 percent (4 spaces) are restricted spaces reserved for city/county vehicles.
17 Parking Supply
The study area encompasses both Downtown Nevada City and the Seven Hills Business District.
For Downtown, the area studied is bordered by Bennett Street, Cottage Street and Court Street to the north, Coyote Street, High Street, and Sacramento Street to the east, Spring Street and Factory Street to the south, and Mill Street and Spring Street to the west. In Downtown, there are a total of 739 parking spaces, of which 556 are on-street spaces and 183 are off-street public spaces.
There are a total of 115 Private Parking spaces reserved for city, county vehicles and other reserved spaces.
For Seven Hills Business District, the area studies Zion Street to the west, Searls Avenue to the east with Argall Way in the middle. There are a total of 151 parking spaces in the Seven Hills Business District study area, all of which are on-street spaces. 147 parking spaces are public with four (4) spaces restricted.
Parking Occupancy
This section describes how parking was utilized on an hourly basis for both on-street and offstreet parking in the study area during data collection. A parking occupancy of 85 percent is Typically defined as the practical threshold that indicates a healthy and balanced parking usage between supply and demand. Any proposed parking strategies set forth in the Parking Study is aimed at maintaining an occupancy of 85 percent at a block-face or lot level. In this analysis, parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered over utilized. The section begins with analyzing trends of overall parking occupancy in the study area, including both on-street and off-street parking. This is followed by observing occupancy trends specific to public parking lots and private parking lots in the study area. Parking data sheets with occupancy are provided in Appendix A. Maps with hourly parking occupancy are provided in Appendix C.
This study develops a parking occupancy and utilization analysis to document existing and potential parking capacity in the Downtown Nevada City. The study area encompasses Downtown Nevada City and Seven Hills Business District.
Downtown Nevada City
The findings suggest that during the observed collection period, the study area reaches a maximum occupancy of 75 percent in the weekdays, with about 186 parking spaces unoccupied, and 66 percent on the weekends, with about 248 parking spaces unoccupied. 18 During the observed weekday, on-street parking is observed to reach a maximum of 74 percent occupancy, which was observed between 1 p.m. and 2 p.m., leaving about 144 spaces available.
On the observed weekday, off-street public parking is observed to reach a maximum of 77 percent occupancy, observed between 1 p.m. to 2 p.m., leaving approximately 42 spaces open.
During the observed weekend, on-street parking is observed to reach a maximum of 65 percent, which was observed between 1 p.m. to 2 p.m., leaving approximately 193 spaces open. During the observed weekend, off-street public parking is observed to reach a maximum occupancy of 70 percent was observed between 1 p.m. to 2 p.m., leaving approximately 55 spaces open.
Figure 5 shows block faces with on street parking as well as the location of private and public on and off street lots in Downtown Nevada City.
19 Figure 5: On-street and Off-street Parking
20 Seven Hills Business District
The findings during the observed collection period suggest that the study area reaches a maximum occupancy of 36 percent in the observed weekday, with about 94 parking spaces unoccupied, and 14 percent on the observed weekend, with about 116 parking spaces unoccupied.
During the observed weekday, on-street parking is observed to reach a maximum of 36 percent occupancy, which was observed between 11 a.m. and 2 p.m., leaving about 94 spaces available.
During the observed weekend, on-street parking is observed to reach a maximum of 14 percent, which was observed between 1 p.m. to 2 p.m., leaving approximately 127 spaces open.
Figure 6 shows block faces with on street parking in Seven Hills Business District. 21 Figure 6: On-street Parking Supply
22 Data Collection
In order to understand existing parking supply and utilization in the study area, the following data collection was performed:
Parking Inventory
The number of parking spaces available in the study area was collected for on-street and offstreet parking spaces (public and private lots). Time restrictions, accessible (ADA) spaces, and other regulations were classified.
Parking Occupancy
Hourly parking occupancy counts were collected from 11 a.m. to 9 p.m. on Friday December 2nd, 2022 and on Saturday, December 3rd, 2022 for on-street block faces and off-street public and private parking facilities. Figure 5 illustrates locations of parking spaces for on-street block faces and off street lots in Downtown Nevada City. Figure 6 illustrates locations of parking spaces for on-street block faces and off street lots in Seven Hills Business District. Detailed parking data sheets with supply are provided in Attachment B.
23 Existing Parking Supply and Occupancy –
Downtown Nevada City
Parking Supply – Downtown Nevada City
For analysis purpose, parking facilities in the study area are organized into on-street and off-street (public and permit). There are a total of 739 parking spaces in the Downtown Nevada City study area, of which 556 are on-street spaces and 183 are off-street public spaces. There are a total of 115 Private Parking spaces reserved for city, county vehicles and other reserved spaces. Table 3 lists the number of on-street and off-street parking spaces. For the occupancy analysis section of this memo, parking facilities in the study area which are available to public are considered. Private on-street and off-street parking is excluded from the analysis.
Table 3: Parking Supply Inventory
Facility Type Number of Spaces Percentage
On-street (Public) 556 65%
Off-street (Public) 183 21%
Private Parking 115 13%
Total 854 100%
Figure 7 illustrates the parking restrictions for on-street block faces and off-street parking lots in the Downtown Nevada City study area.
24 Figure 7: Parking Restrictions
25 Parking Occupancy Analysis
This section describes how parking was utilized hourly for on-street and off-street public parking in Downtown Nevada City during the day of collection. A parking occupancy of 85 percent is typically defined as the practical threshold that indicates a healthy and balance parking usage between supply and demand. Parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered over utilized. The section begins with analyzing trends of overall public parking occupancy in the study area. Trends of both off-street and on-street parking occupancy over a weekday as well as a weekend day are analyzed. This is followed by observing occupancy trends of public parking lots in the study area. Parking data sheets with occupancy data is provided in Attachment A. 26 Weekday Occupancy Trends
This subsection analyzes the observed weekday trends of parking occupancy in the Downtown Nevada City study area. This includes both on-street and off-street public parking facilities. The peak period is observed between 1 p.m. and 2 p.m. with a maximum of 75 percent occupancy.
This leaves about 186 parking spaces unoccupied. Figure 8 illustrates the parking occupancy trend for the entire study are from 11 a.m. to 9:00 p.m. The overall parking occupancy during the observed weekday is observed to be lower than the 85% threshold throughout the day. With the maximum occupancy of 75 percent between 1 p.m. and 5 p.m., Figure 9, Figure 10, Figure 11, show occupancy during the peak periods.
Figure 8: Overall Parking Occupancy on the Observed Weekday 64%
75%
68% 67% 64%
55%
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Time of Day
Weekday Occupancy % Threshold
27 Figure 9: Parking Occupancy at 1 pm on the Observed Weekday 28 Figure 10: Parking Occupancy at 3 pm on the Observed Weekday 29 Figure 11: Parking Occupancy at 5 pm on the Observed Weekday 30 On-Street Parking Weekday Occupancy
During the survey period, parking occupancy for on-street parking fluctuates from a low of 56 percent to a high of 74 percent. A maximum occupancy of 74 percent was observed between 1 p.m. and 2 p.m., leaving about 144 spaces available. Figure 12 Illustrates the observed trends of on-street parking occupancy.
Figure 12: On-street Public Parking Occupancy on the Observed Weekday 65%
74%
66% 66% 67%
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Weekday Occupancy %
Time of Day
Weekday On-street Occupancy % Threshold
31 Off-Street Weekday Parking Occupancy
For the public parking lots, parking occupancy fluctuated from a low of 52 percent to a high of 77 percent. For the off-street parking lots, the maximum occupancy of 77 percent was observed between 1 p.m. to 2 p.m., leaving approximately 42 spaces open. Figure 13 illustrates the observed trend of parking occupancy for off-street public parking.
Figure 13: Off-street Public Parking Occupancy on the Observed Weekday 63%
77%
72%
68%
56%
52%
0%
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Weekday Occupancy %
Time of Day
Off-street Public Parking Occupancy on the Observed Weekday Weekday Off-street (Public) Occupancy % Threshold
32 Table 4 summarizes the parking occupancy for the Downtown Nevada City study area, on-street as well as off-street, throughout the day on Friday December 2nd , 2022 from 11 a.m. to 9 p.m. Onstreet parking occupancy between 1 p.m. to 2 p.m. was observed to reach a maximum of 75 percent occupancy. Off-street public parking lots had 77 percent occupancy in the study area between 1 p.m. to 2 p.m.
Table 4: Overall Parking Occupancy - Weekday
Facility Type 11:00 AM 1:00 PM 3:00 PM 5:00 PM 7:00 PM 9:00 PM On-street 65% 74% 66% 66% 67% 56%
Off-street 63% 77% 72% 68% 56% 52%
Total 64% 75% 68% 67% 64% 55%
33 Weekend Occupancy Trends
This subsection analyzes the overall weekend trends of parking occupancy in the Downtown Nevada City study area. This includes both on-street and off-street parking facilities. The peak period is observed between 1 p.m. and 2 p.m. with a maximum of 66 percent occupancy. This leaves about 248 parking spaces unoccupied. Figure 14 illustrates the parking occupancy trend for the entire study are from 11 a.m. to 9:00 p.m. While overall in the study are, parking occupancy remains lower than the 85% threshold, block by block occupancy varies between 54 percent to a maximum occupancy of 66 percent. Figure 15, Figure 16, and Figure 17, show the maximum occupancy.
Figure 14: Overall Parking Occupancy on the Observed Weekend 55%
66%
58%
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54%
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Weekend Occupancy %
Time of Day
Weekday Occupancy % Threshold
34 Figure 15: Parking Occupancy at 1pm on the Observed Weekend 35 Figure 16: Parking Occupancy at 3pm on the Observed Weekend 36 Figure 17: Parking Occupancy at 7pm on the Observed Weekend 37 On-Street Parking Weekend Occupancy
During the survey period on weekends, parking occupancy for on-street parking remained consistent between low of 56 percent to a high of 65 percent. The maximum occupancy of 65 percent was observed between 1 p.m. to 2 p.m., leaving approximately 193 spaces open Figure 18 Illustrates the observed trends of on-street parking occupancy.
Figure 18: On-street Public Parking Occupancy on the Observed Weekend 57%
65%
61% 59% 60%
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Weekend Occupancy %
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Weekday On-street Occupancy % Threshold
38 Off-Street Weekend Parking Occupancy
For both public and permit parking lots on the observed weekend, parking occupancy fluctuated from a low of 39 percent to a high of 70 percent. For off-street public parking lots, a maximum occupancy of 70 percent was observed between 1 p.m. to 2 p.m., leaving approximately 55 spaces open. Figure 19 illustrates the observed trend of parking occupancy for off-street public parking and highlights the period of maximum occupancy.
Figure 19: Off-street Public Parking Occupancy on the Observed Weekend 48%
70%
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39%
51%
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0%
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Weekend Occupancy %
Time of Day
Weekday Off-street (Public) Occupancy % Threshold
39 Table 5 summarizes the parking occupancy for the Downtown Nevada City study area, on-street as well as off-street, throughout the day on Saturday, December 3rd, 2022 from 11 a.m. to 9 p.m.
On-street parking occupancy between 1 p.m. to 2 p.m. was observed to reach a maximum of 65 percent occupancy. Public parking lots also had 70 percent occupancy in the study area during the same time period.
Table 5: Weekend Overall Parking Occupancy – Downtown Nevada City Facility Type 11:00 AM 1:00 PM 3:00 PM 5:00 PM 7:00 PM
9:00
PM
On-street 57% 65% 61% 59% 60% 56%
Off-street 48% 70% 50% 39% 51% 47%
Total 55% 66% 58% 54% 58% 54%
40 Existing Parking Supply and Occupancy –
Seven Hills Business District
Parking Supply – Seven Hills Business District
For analysis purpose, parking facilities in the study area are organized into on-street and private parking spaces. Private parking spaces are reserved for city and county use and not available to public. It should be noted that for the purpose of this analysis, we will be analyzing on-street public parking spaces only. There are a total of 151 parking spaces in the Seven Hills Business District study area, all of which are on-street spaces. Total public on street parking spaces available are 147 and these spaces are considered for this study. Table 6 lists the number of on-street parking spaces. For the occupancy analysis section of this memo, parking facilities in the study area which are available to public are considered. Private on-street and off-street parking is excluded from the analysis.
Table 6: Parking Supply Inventory – Seven Hills Business District Facility Type Number of Spaces Percentage
On-street (Public) 147 97%
Private Parking 4 3%
Total 151 100%
Of the total number (151) of parking spaces, 3 percent (4 spaces) are restricted spaces reserved for city/county vehicles.
Figure 20 illustrates the parking restrictions for on-street block faces in Seven Hills Business District study area.
41 Figure 20: Parking restriction – Seven Hills Business District 42 Parking Occupancy Analysis
This section describes how parking was utilized hourly for on-street in Seven Hills Business District on the day of collection. A parking occupancy of 85 percent is typically defined as the practical threshold that indicates a healthy and balance parking usage between supply and demand.
Parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered over utilized. The section begins with analyzing trends of overall parking occupancy in the study area. Trends of on-street parking occupancy over a weekday as well as a weekend day are analyzed. Parking data sheets with occupancy data is provided in Attachment B.
43 Weekday Occupancy Trends
This subsection analyzes the observed weekday trends of parking occupancy in the Seven Hills Business District study area. This includes on-street parking facilities. The peak period is observed between 11 a.m. and 2 p.m. with a maximum of 36 percent occupancy. This leaves about 94 parking spaces unoccupied. Figure 21 illustrates the parking occupancy trend for the entire study are from 11 a.m. to 9:00 p.m. The overall parking occupancy during the observed weekday is much lower than the 85% threshold throughout the day, with the maximum occupancy of 19 percent between 11 a.m. and 3 p.m.,
Figure 21: Overall Parking Occupancy on the Observed Weekday 64%
75%
68% 67% 64%
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Weekday Occupancy %
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Weekday Occupancy % Threshold
44 Figure 22: Parking Occupancy at 11 am on the Observed Weekday 45 Figure 23: Parking Occupancy at 1 pm on the Observed Weekday 46 On-Street Parking Weekday Occupancy
During the survey period, parking occupancy for on-street parking fluctuates from a low of 7 percent to a high of 36 percent. A maximum occupancy of 36 percent was observed between 11 a.m. and 3 p.m., leaving about 94 spaces available. Figure 24 Illustrates the observed trends of on-street parking occupancy.
Figure 24: Observed Weekday On-street Parking Occupancy – Seven Hills Business District 36% 36%
31%
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Weekday Occupancy %
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Weekday Occupancy % Threshold
47 Figure 25 summarizes the on-street parking occupancy for the Seven Hills Business District study, throughout the day on Friday December 2nd, 2022 from 11 a.m. to 9 p.m. On-street parking occupancy between 11 a.m. to 3 p.m. was observed to reach a maximum of 36 percent occupancy.
Figure 25: Overall Parking Occupancy – Observed Weekday Facility Type 11:00 AM 1:00 PM 3:00 PM 5:00 PM 7:00 PM 9:00 PM On-street 36% 36% 31% 25% 13% 7%
Total 36% 36% 31% 25% 13% 7%
48 Weekend Occupancy Trends
This subsection analyzes the overall weekend trends of parking occupancy in the Seven Hills Business District study area. This includes on-street parking facilities. The peak period is observed between 1 p.m. and 2 p.m. with a maximum of 14 percent occupancy. This leaves about 126 parking spaces unoccupied. Figure 26 illustrates the parking occupancy trend for the entire study are from 11 a.m. to 9:00 p.m. The overall in the study area, parking occupancy remains much lower than the 85% threshold, block by block occupancy varies between 8 percent to a maximum occupancy of 14 percent.
Figure 26 : Overall Parking Occupancy on the Observed Weekend 11%
14% 12% 12% 10% 8%
0%
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11:00 AM 1:00 PM 3:00 PM 5:00 PM 7:00 PM 9:00 PM
Weekend Occupancy %
Time of Day
Overall Parking Occupancy on the Observed Weekend
Weekday Occupancy % Threshold
49 Figure 27: Parking Occupancy at 1pm on the Observed Weekend – Seven Hills Business District 50 On-Street Parking Weekend Occupancy
During the survey period on weekends, parking occupancy for on-street parking remained consistently low between of 8 percent and 14 percent. The maximum occupancy of 14 percent was observed between 1 p.m. to 2 p.m., leaving approximately 126 spaces open. Figure 28 Illustrates the observed trends of on-street parking occupancy.
Figure 28: On-street Parking Occupancy – Observed Weekend 11%
14% 12% 12% 10% 8%
0%
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11:00 AM 1:00 PM 3:00 PM 5:00 PM 7:00 PM 9:00 PM
Weekend Occupancy %
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Weekday Occupancy % Threshold
51 Table 7 summarizes the parking occupancy for the Seven Hills Business District study area, onstreet, throughout the day on Saturday, December 3rd, 2022 from 11 a.m. to 9 p.m. On-street parking occupancy between 1 p.m. to 2 p.m. was observed to reach a maximum of 14 percent occupancy.
Table 7: Overall Parking Occupancy – Observed Weekend
Facility Type 11:00 AM 1:00 PM 3:00 PM 5:00 PM 7:00 PM
9:00
PM
On-street 11% 14% 12% 12% 10% 8%
Total 11% 14% 12% 12% 10% 8%
52 Summary
There are a total of 739 parking spaces in the Downtown Nevada City study area, of which 556 are on-street spaces and 183 are off-street public spaces. There are a total of 115 Private Parking spaces reserved for city, county vehicles and other reserved spaces. The findings suggest the Downtown study area reaches a maximum occupancy of 75 percent in the weekdays, with about 186 parking spaces unoccupied, and 66 percent on the weekends, with about 248 parking spaces unoccupied.
During the weekday, on-street parking is observed to reach a maximum of 74 percent occupancy, which was observed between 1 p.m. and 2 p.m., leaving about 144 spaces available. On weekdays, off-street public parking is observed to reach a maximum of 77 percent occupancy, observed between 1 p.m. to 2 p.m., leaving approximately 42 spaces open.
During the observed weekend, on-street parking is observed to reach a maximum of 65 percent, which was observed between 1 p.m. to 2 p.m., leaving approximately 193 spaces open. During the weekend, off-street public parking is observed to reach a maximum occupancy of 70 percent was observed between 1 p.m. to 2 p.m., leaving approximately 55 spaces open.
There are a total of 151 parking spaces in the Seven Hills Business District study area, all of which are on-street spaces. Total public on street parking spaces available are 151, with 147 public and four (4) spaces considered restricted or private.
The findings suggest Seven Hills reaches a maximum occupancy of 36 percent on the observed weekday, with about 94 parking spaces unoccupied, and 14 percent on the observed weekend, with about 116 parking spaces unoccupied.
During the observed weekday, on-street parking is observed to reach a maximum of 36 percent occupancy, which was observed between 11 a.m. and 2 p.m., leaving about 94 spaces available.
During the observed weekend, on-street parking is observed to reach a maximum of 14 percent, which was observed between 1 p.m. to 2 p.m., leaving approximately 127 spaces open. 53 STAKEHOLDER OUTREACH
Stakeholder outreach was vital to the development and implementation of this parking study. The survey results and information collected along with stakeholder feedback assisted with the recommendations and parking strategies developed for Downtown and Seven Hills Parking Plan.
Online Public Survey
As part of this parking study, a survey was conducted to determine individual thoughts and feelings regarding parking. Conducted in a branching format, the survey consisted of three parts - the first targeting residents, visitors, business owners and employees of Downtown Nevada City, the second targeting the same groups for Seven Hills Business District, and the third component asking specific questions to surrounding residential neighborhoods.
Background and Methodology
The Nevada City Parking survey consisted of 29 inquiries, covering a broad spectrum of topics, including the respondents' residency, the length of time they spent in Downtown Nevada City or the Seven Hills Business District, and the duration of their parking search. Additionally, business owners and employees were asked specific questions about their enterprise, mode of transportation, and parking availability.
The survey was conducted via Survey Monkey, an online survey development service company that provides free, customizable surveys.
The survey was available on www.nevadacityparkingstudy.com and promoted through various Nevada City’s social media and community outlets, including the Chamber of Commerce. There were 754 total responses along with over 600 comments received.
The open period for responses took place between January 20, 2023 and April 30, 2023.
Compilation of Data
As part of the survey, the final question provided an opportunity for additional comments from both the general public as well as business owners and employees. 471 responses were recorded for Downtown and 135 for Seven Hills. TJKM reviewed all comments and placed them into different thematic categories. See Appendix D for a complete list of survey questions. 54 Stakeholder Meetings and Outreach
An on-site visit was conducted from February 21st-22nd, 2023. During that time, TJKM team members met with City Staff, Downtown Merchants, Chamber of Commerce, and various business owners and citizens.
TJKM team members were also able to walk around Downtown and Seven Hills and assess the parking situation first hand and take notes and pictures of current conditions.
TJKM met with the Infrastructure Committee and City Council on the evening of the 22nd where the project and survey information was presented and initial feedback and comments were given.
A teleconference was conducted with Seven Hills merchants and business owners on March 28 where City staff and TJKM team members discussed the project, encouraged the attendees to participate in the survey, and received input and feedback on parking in Seven Hills. 55 PARKING POLICY AND PROPOSAL AND
MANAGEMENT STRATEGIES
This chapter describes a parking policy analysis and management strategies proposed for the study area. The recommended policies and strategies are developed based on the following considerations:
• Increase public awareness of parking options to make efficient use of existing parking supply and resources;
• The importance of public awareness of available parking options cannot be overstated.
New parking lot and wayfinding signage, along with robust education and outreach opportunities, will benefit all users to Downtown and Seven Hills. • Make Downtown and Seven Hills parking desirable for all users, including visitors, employees, and residents while providing balanced options for diverse needs; • On-street parking needs to be prioritized for customers and visitors coming for short-term excursions; however, there needs to be available options for those wanting to park longterm, including residents. • Improve access and safety through parking policies that can grow and adapt over time; • Conduct additional review of existing parking policies, including expanding and enhancing the existing parking permit program, assess their viability. Other policies and programs, such as existing parking lot maintenance and upgrading lighting throughout the study area, would provide a measure of safety for all users.
• Envision continuous growth in parking demand while balancing need for new development and users;
• Future development in Downtown and Seven Hills will produce additional growth in users but also opportunities on how to absorb that demand, either with better utilizing the current supply or inclusion of parking as part of new development. • Explore innovative and technological parking management concepts that are data-driven and flexible;
56 • Investments in parking technology that utilizes data gathering will allow for parking management decision making to be based on reality rather than perception.
The analysis and recommendations incorporate previous efforts, including data findings and community input.
Recommendations are organized within estimated near-term (0-2 years), mid-term (2-5 years), and long-term (5+ years) timeframes. However, actual timing will be dependent on City Council prioritization, stakeholder feedback, funding availability, and the ongoing evaluation of initial implementation steps.
57 Downtown Recommendations
Near-Term (0-2 years) Recommendations
Increase Public Awareness of Parking Options
The City website does currently provide a map and information about parking in Downtown but it is minimal and not easily found. It is recommended that more information about existing public parking options, more readable maps, and regular updates be included either on the City website in a more easily found location or also on the Chamber of Commerce website.
Creation of a parking education and outreach campaign can further increase awareness of available parking options for visitors, residents, business owners, and employees. Working with business owners, residents, and other interested stakeholders and users, the City can develop consistent messaging for customers about where and how to park.
Information with respect to the locations of public parking lots, hours of operation, and time limit restrictions can be integrated into brochure or flyer formats for distribution at the library, special events, festivals, and surrounding neighborhoods. The City can collaborate with business owners to voluntarily participate in placing window stickers that provide information about public parking lots on a QR code or something similar.
For example, Google Maps already indicated a parking lot at Nevada Street and Broad Street, but it isn’t identified as free public parking (See Figure 29).
Figure 29: Google Map label
58 Creation of a parking education and outreach campaign can further increase awareness of available parking options for visitors, residents, business owners, and employees. Working with business owners, residents, and other interested stakeholders and users, the City can develop consistent messaging for customers about where and how to park.
Information with respect to the locations of public parking lots, hours of operation, and time limit restrictions can be integrated into brochure or flyer formats for distribution at the farmers’ market, library, special events, and surrounding neighborhoods. The City can collaborate with business owners to voluntarily participate in placing window stickers that provide information about public parking lots.
Pilot Smart Meter and Performance-Based Pricing
Currently, the parking meters along streets and in the Commercial Street parking lot use change only, with 25 cents purchasing half an hour of time. The installation of Smart Meters, either located in each individual stall or in a central pay location, should be utilized for easier payment options for users. Smart Meters are solar-powered and wirelessly networked, have backlit displays to communicate parking prices and rules, and accept payment by credit cards, debit cards, coins and smart phones. Parking payment by smartphone technology allows a driver to pay a parking fee via smartphone or app.
Downtown visitors can receive a reminder text when their time is almost up, and can add time without returning to their vehicle or parking meter/kiosk.
This program usually requires license plate registration and a linked credit card account. This technology is usually available in addition to physical payment options.
Granted, replacing existing parking meters can be a significant investment, so the city could install Smart Meters only in a one or two block area or in the Commercial Street parking lot initially as a demonstration and then phase the rest in over a period of years.
Upgrade parking T striping or install new striping to better delineate existing parking stalls
Most parking T’s or stalls in the immediate downtown area are well marked but the further out from the center of town, the markings are either worn or faded or non-existent. Spaces are generally well-marked from Washington Street south with areas to the north with no stall demarcation. This is especially noticeable on Cottage Street and Main Street from Washington Street heading north and Broad Street where Commercial Street joins. In order to maintain exact parking T locations, parking T’s should either be restriped or striped for the first time. Bridge Street, Factory Street, along with portions of Spring and Bennett Streets would benefit both neighbors and visitors from striping parking T locations. On the east side of downtown, High 59 Street and Sacramento would also benefit from stall demarcation. Striping parking Ts in these residential areas would also cut down on double or erroneous parking that might result in either blocked driveways which would benefit the homeowners. Figure 30 indicates the existing parking meter and parking T locations within the parking study area.
Figure 30: Current Parking Infrastructure Map
Upgrade and improve existing employee permit program
Both stakeholder input and online survey data analysis (see Appendix D) indicates that suitable parking locations for employees is a challenge for both the employees and visitors. Having to either repark every three hours to evade the time limit or continuously feed meters with change is neither convenient nor productive for those that do so.
Nevada City currently has a parking pass program that allows for business owners or employees in downtown to purchase a parking permit that will exempt a vehicle from time zone parking 60 limitations in specified areas. Permits are good between the hours of 7:00 a.m. and 6:00 p.m.
Monday through Saturday.
The current cost of a pass is $40 per month with passes being sold in six-month increments at $240. Passes expire June 30 and December 31 with the cost being prorated if purchased during the six-month period. A pass is also available for $20 for half a month. So far in 2023, 68 vehicles have been listed purchasing a pass.
Having a specific parking lot or lots more than one or two blocks away from the core of the restaurants and other businesses designated as employee parking could also be an option to provide an option rather than on-street metered parking. Those that choose to park in that lot or lots could receive a parking pass for a reduced cost or completely waived as an added incentive for employees to utilize.
The city owned parking lot on Nevada Street (40 spaces) and the Commercial Street lot (76) could be considered first since they have capacity, especially after 5PM on weekdays and weekends, which would be useful for employees working evening and night shifts. Safety, especially late at night, was a concern for many survey respondents, so improving the existing parking lots with enhanced lighting and cosmetics improvements would be a benefit.
Since most events at Miners Foundry Cultural Center are in the evenings, those 50 parking spaces could be utilized by employees from 8AM-5PM via a parking agreement.
Improve existing parking lots to promote safety and enhance walkability The City should identify a plan and budget for ongoing parking lot and facility maintenance and upkeep. Currently, existing lighting is either decorative or non-existent in public parking lots especially in the Nevada Street lot. This leads to a feeling of a parking lot being unsafe, especially after dark. This parking lot is slated to be improved as part of the Nevada Street Replacement Project, so additional and updated, brighter lighting would assist with a better sense of security.
Other parking lot improvements including periodic restriping, signage updates, resurfacing, sweeping, trash pick-up, and replacing burnt out lighting should be budgeted for and scheduled to ensure that parking assets throughout the district are properly maintained by the appropriate departments.
Install updated and appropriate signage
Well-designed parking wayfinding signs can better direct visitors around Downtown and provide a friendly environment that encourages more walking to and from destinations. Finding certain parking options can be challenging, especially for visitors or those unfamiliar with Downtown, due to lack of wayfinding signage and clear and memorable public parking lot identification signage. 61 Signage improvements can be made in two areas. Signage indicating parking time restrictions is plentiful and visible but signage indicating loading zones, or temporary parking (20 minute) spaces is either small or non-existent. Installing new loading zone and temporary parking signs would assist delivery owners, business owners and employees that might need to use those as well as customers that might be picking up takeout orders from restaurants.
There is currently no public parking wayfinding signage or parking lot identification program above the few existing signs scattered around the downtown area. The current parking directional signage is a small, green sign that can be extremely hard to see. For example, the existing sign coming off the Broad Street exit ramp from SR 20/49 is hidden in shrubbery. There is no directional signage notating the Spring Street lot as public parking, although that lot remains over 85% capacity most days.
The only signage pointing to the Commercial Street parking lot for those driving north on Broad Street is a small brown sign located at the corner of Broad and York. For visitors driving south on Broad, there is no signage at all directing users to turn on York to then access the Commercial Street lot.
Signage with a distinctive logo could be created for not only for wayfinding but also for parking lot identification.
It is recommended that the City improve visibility of the entrance signs for public parking lots. The City should also explore proper naming of lots so visitors could easily locate available free public parking.
Parking for Festivals/Special Events
The Chamber of Commerce currently sponsors several festivals and special events that occur in the downtown area that are heavily attended. Currently, any special festivals or specials events necessitate the closing of one or more downtown streets, therefore impacting the availability of parking. However, the impact on easily accessible parking and lack of information about available parking options leads to frustrated visitors and local attendees alike. These impacts are also felt on the surrounding residential neighborhoods when attendees and visitors park farther out in front of those residences.
The Chamber of Commerce currently has a shuttle system for Victorian Christmas that runs from the Rood Administration Center to the festival and event sites, however this could be expanded to include several other sites, including the city owner parcel of land located at Clark and 62 Sacramento Streets, parking at Pioneer Park and adjacent Nimrod Street, and Seven Hills Middle School.
The lot at Clark and Sacramento could easily be improved, even temporarily, to provide 40 parking spaces and serve as another location for festival and event parking with a shuttle up the four or five blocks to downtown. When there are no festivals or special events, this parking could be used by employees, business owners and others who are willing to walk further than usual.
Dynamic wayfinding signs could also be utilized during festivals and special events. These signs provide real-time parking occupancy information to drivers on how to find available parking, even if remote with a shuttle service. This cuts down unnecessary circling while searching for parking and associated driver frustration, fuel costs and greenhouse gas emissions.
Mid-Term (2-5 years) Recommendations
Promote and Expand Multimodal Alternatives
Biking was noted in the survey and comments as an important mode of transportation in Nevada City and Nevada County. While installing dedicated bike lanes in the immediate downtown area would be difficult to the narrow streets and lack of space, increasing and expanding multimodal facilities and options would allow for bike users from not only Nevada City but surrounding communities to access Downtown. The City could explore the installation of bike storage locations throughout Downtown with the number and location of short-term and long-term bike parking installations encouraging additional usage as well as safe and permanent options for bike users.
For employees, long-term bicycle parking could be integrated with bike storage lockers at designated bike parking areas that would only be accessible to bicycle owners. If strategically placed, utilization of bicycle parking could reduce the parking demand and provide another alternative to vehicles using parking spaces that could be utilized for customers and visitors.
Parking enforcement and existing parking durations
At the current time, parking enforcement is carried out by one City employee generally from 8am to 6pm. The current method of enforcement includes a combination of a handheld device for reviewing and writing tickets and chalking tires. While there were a few comments related to enforcement, it was not identified as a major concerns.
However, the City could explore the purchase and use of a license plate-based system to provide customer service enhancements, streamline operations, and better enforcement.
Since each license plate number is unique, license plate recognition (LPR) technology systems can treat each license plate number much like a permit or payment identifier. This information can be used to monitor parking space utilization, verify proper permits, such as for employees or 63 residents, and proper payment compliance in metered spots. A combination of handheld LPR and mobile LPR devices mounted to city owned vehicles could be utilized by current enforcement staff, allowing them to cover more area in less time and would be integrated into the current City citation management system.
Regarding existing parking restriction durations; while there were no comments or feedback received stating the existing 3 or 4 hour limits were problematic, the City could explore the option of increasing the time duration on streets and parking lots a block or two away from the main Commercial and Broad Street corridors. This might encourage users to park further out if there is an extra hour of incentive.
Shared Parking Agreements
A shared parking agreement between the City and a private property owner would provide additional public parking options by leveraging existing parking supply. Benefits include:
• Sharing parking is more cost effective than building additional supply, • Can provide convenient parking options for evening employee parking, • Optimizes the use of existing supply, and
• Avoids overabundance of parking or land space that could otherwise be optimized for higher and better uses.
A shared parking agreement is meant to be mutually beneficial by leveraging the parking supply during times when it is typically underutilized. This can provide another revenue stream for the property owner. Successful shared parking agreements usually rely on the municipality helping to provide insurance coverage for the property owner.
Since shared parking agreements are usually only favorable to property owners when cost-neutral or profitable, the shared parking approach should be considered in conjunction with the existing Employee Pass program.
Possible locations for parking agreements include: the Cottage and Court Streets parking lots used by Nevada County, The Stone House, especially after improvements are made to Little Deer Creek culvert, First Baptist Church, St Canice Catholic Church and the Post Office parking lot on Coyote Street.
64 Long-Term (5+ years) Recommendations
Evaluate the Dining Encroachment Program
Parklets are a useful and innovative way to reimagine how curb space is utilized and can help activate sidewalks and enhance the overall environment. While there is some criticism of parklets for taking up on-street parking, the benefits such as activating outdoor spaces, providing additional eyes on the streets for safety, and providing additional seating opportunities for restaurants are tremendous.
Nevada City has implemented an Encroachment Permit: Parklet or Sidewalk Dining Program, which allows local businesses, particularly restaurants, to create parklets or expand their dining areas onto sidewalks.
Under this program, businesses can apply for an encroachment permit to utilize a designated portion of the sidewalk or parking spaces adjacent to their establishments. This allows them to set up seating, tables, planters, and other amenities to create an inviting and comfortable outdoor dining environment. The permits outline specific guidelines and requirements to ensure safety, accessibility, and compliance with local regulations.
Continued monitoring of the existing program will ensure success for businesses that use them while successful parking management strategies will help mitigate the perceived loss of on-street parking. Parklets also provide those much needed ‘eyes-on-the-street’ that help make sidewalks and the pedestrian experience more pleasurable.
Evaluate the In-Lieu Parking Payment Program
The In-Lieu Parking Payment ordinance recognizes that due to hardships within the downtown area, minimum parking requirements are not easily met for new development or redevelopment and establishes a process to provide payment of money instead of furnishing the required parking spaces. The permit from City Council is obtained for a cost of $3,000, or other amount determined, for each parking spot required to be provided. These funds are deposited in a special fund that shall be used exclusively for the acquisition or development of off-street parking facilities within the historic district.
This ordinance should be evaluated for effectiveness and if the fees currently charged are adequate to enact meaningful parking capacity expansions.
Explore the Viability and Need of Additional Parking Capacity When considering the need for additional parking capacity, whether as surface lots or structured parking, it is important to remember that occupancy of 85 percent is defined by the parking industry as the practical threshold that indicates a healthy and balance parking usage between 65 supply and demand. Parking occupancy below 85 percent is considered underutilized whereas an occupancy greater than 85 percent is considered over utilized.
While historical data suggests that there is a parking management challenge in Downtown Nevada City and Seven Hills Business District and not necessarily a parking supply challenge, additional parking lots and a parking garage or some form of structured parking was mentioned several times in the online survey comment section as needed.
Despite a common belief, constructing a parking garage will not alone solve parking challenges.
Appropriate size and location of a structure that will be beneficial to most users is one challenge.
The significant long-term financial investment is yet another. While the trend for overall parking in Downtown Nevada City is getting closer to the 85% threshold standard, the overall data does not support additional capacity at this time.
The City should optimize and improve the efficiency and management of existing parking resources first and then conduct a viability study when the parking supply and demand are within that 85% range over a sustained period of time, like a five year period.
When a feasibility study is conducted and the recommendation that additional parking surface parking or a parking garage is warranted, there are several locations on the periphery of the historic downtown that could be utilized for construction. Sites that could be considered are the existing Spring Street parking lot behind the National Exchange Hotel that would support a multilevel structure and the Nevada County parking lot that is currently used by the Courthouse and jury parking.
66 Seven Hills Recommendations
While the data and the survey comments and feedback suggest that parking is not much an issue in the Seven Hills Business District, there are still several recommendations the City and business owners could consider to improve the overall experience for both drivers, pedestrians, and other users.
Upgrade striping or install new striping to better delineate existing parking stalls While existing parking stalls are well marked on Argall Way between Zion Street and Searls Avenue, those in the rest of the district are not. Parking stall demarcation, especially on Zion and Searls would benefit both business interests and visitors.
Install appropriate signage.
While painted curb colors currently indicate areas of no-parking, loading zones, or temporary parking spaces, signage indicating such areas is non-existent. Installing new loading zone and temporary parking signs would cut down on erroneous parking and assist delivery owners, business owners and employees that might need to use those as well as customers.
Promote and expand multimodal alternatives
Biking was noted as an important mode of transportation in Nevada City and Nevada County.
While installing dedicated bike lanes might not be an option for Seven Hills, increasing and expanding multimodal facilities and options would allow for bike users from not only Nevada City but surrounding communities to access the area easier. The City could explore the installation of bike storage locations throughout Seven Hills with the number and location of short-term and long-term bike parking installations encouraging additional usage as well as safe and permanent options for bike users.
For employees, long-term bicycle parking could be integrated with bike storage lockers at designated bike parking areas that would only be accessible to bicycle owners. If strategically placed, utilization of bicycle parking could reduce the parking demand and provide another alternative to vehicles using parking spaces that could be utilized for customers and visitors.
Improve the Pedestrian Experience
It is recommended that the City improve pedestrian conditions and accessibility in Seven Hills, particularly along the streets and connections to parking lots. Improving the pedestrian environment could be one of the simplest, more cost-effective ways of balancing parking demand.
People are more likely to walk to their destinations from on-street parking and parking lots that are farther away if their path is pedestrian-friendly Walkability can be increased by various ways 67 such as enhancing street lighting, uniformly graded sidewalks, ADA-compliant curb ramps, street furniture, trees and improving and installing additional high visibility crosswalks. When new construction occurs, especially multi-family projects, improved pedestrian amenities could be part of the permitting process.
68 IMPLEMENTATION PLAN
# Action Description Timeline
Short-Term Recommendations
1 Increase public
awareness of
parking options
• Update City and Chamber of Commerce Websites
• Creation of parking education and outreach campaign
• Name or number existing public parking lots
• Create a parking brand
0-2 years
2 Smart Meters and
PerformanceBased Pricing
• Conduct needs assessment of demand-based pricing,
devices, and payment by phone technology
• Explore vendors for smart meters and kiosks
• Implement smart meters, initially in public parking lots, then a pilot program in certain blocks of Downtown
0-2 years
3 Upgrade or install
new parking T
striping
• Restripe existing T parking stalls
• Add T-Strip parking stalls, especially in surrounding residential areas
0-2 years
4 Employee permit
parking program
• Review existing City pass program and reassess pricing • Consider creating Employee only parking in public
parking lots and offer incentives
0-2 years
5 Improve existing
parking lots to
promote safety and
walkability
• Install and/or upgrade lighting in public parking lots • Identify and implement other improvements including:
restriping, signage updates, trash pick-up, and
landscaping improvements.
0-2 years
6 Update/improve
wayfinding and
directional signage.
• Install and/or update parking time restriction signage • Install and/or replace existing parking lot signage
• Install new directional and wayfinding signage
0-2 years
7 Parking for
Festivals/Special
Events
Consider City-owned parking lot at Clark and Sacramento Streets as future parking for festivals and events. 0-2 years
Mid-Term Recommendations
8 Promote and
expand multimodal
alternatives
Improve bike infrastructure including additional bike racks and/or storage lockers
2-5 years
9 Parking
Enforcement and
existing parking
durations
• Consider a license-plate based identification system
• Maintain existing parking durations or consider
increasing them further out to encourage parking in
those areas
2-5 years
10 Shared Parking
Agreements
Explore viability of shared parking agreements and begin conversations with interested property owners 2-5 years Long-Term Recommendations
11 Evaluate the Dining
Encroachment
program
Continue to monitor the Dining Encroachment Program (Parklets) that enhances and adds to the pedestrian environment 5+ years 12 Evaluate the In-Lieu
Parking Payment
program
Evaluate the existing ordinance to determine effectiveness and reassess fee payment structure 5+ years
69 13 Explore adding
additional parking
capacity
Once parking demand has reached a consistent 85% level of occupancy over a period of five or more years, conduct a feasibility study to determine need for additional parking capacity, either new surface parking or parking structure. 5+ years
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 11
Subject: Consideration of Contract with Desert View Power LLC for Purchase of Attributes for Biomass Energy Production to Fulfill SB1383 Recovered Organic Waste Product
Requirements; the Payment of Fair-Share Costs to Pioneer Community Energy JPA for Securing the Contract; and
Authorizing the City Manager to Execute the Contract and any Related Documents
From: Sean Grayson, City Manager
Date: June 21, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the contract, the payment, and authorize the City Manager to execute documents.
ISSUE STATEMENT AND DISCUSSION:
On May 10, 2023, the City Council received a presentation from Pioneer Community Energy JPA on options for the purchase of attributes for biomass electricity that Pioneer had negotiated with Desert View Power LLC (referred to as “Greenleaf”) for JPA members to achieve compliance with SB1383 Recovered Organic Waste Product Requirements. The Council directed staff to:
• In coordination with the JPA, investigate a public comment noting a Notice of Violation issued to the Greenleaf site proposed in the contract.
• Evaluate alternative options to SB1383 compliance requirements. • Return to the City Council to make a final determination.
Pioneer performed exhaustive investigation of the notice of violation issue. It was confirmed that the notice of violation is not subject to CalRecycle regulatory oversight and that the issue will not impact the ability to apply attributes for SB1383 compliance. Pioneer provided the following summary of the investigation:
• Greenleaf now also represents and warrants that it has not received any notices of violation relating to the biomass facility, other than the disclosed notice of violation from EPA received on June 13, 2022.
• Going forward, if Greenleaf receives a notice of violation (“N.O.V.”) from a Governmental Authority after the effective date of the agreement, Greenleaf must give notice of that N.O.V. to the buyers. Failure to provide such notice, after an opportunity to cure, is an event of default. • Going forward, if Greenleaf receives a written determination from a governmental authority that Greenleaf is not in material compliance with material terms of any agreed upon mitigation, settlement, restitution or other requirements to remedy a N.O.V., Greenleaf must provide notice of that determination to the buyers. Failure to remedy the material non-compliance within 20 days of receipt of the written determination is an event of default. • Greenleaf will also disclose as part of its annual reporting under the agreement whether it received in the reporting year any N.O.V.s or written determinations of material non-compliance with agreed upon terms.
• Finally, given the delay in finalizing the agreement, the PCA purchase prices shown in the schedules to the agreement will be based on the total volume signed up by July 31, 2023.
Beginning January 1, 2022, SB1383 requires cities and counties to procure annually a quantity of organic waste products to meet their annual procurement target. Jurisdictions are required to procure 30% of their organic waste targets in 2023, 65% of their organic waste targets in 2024, and 100% of their organic waste targets in 2025 and thereafter. Nevada City’s procurement targets are 74 tons in 2023, 159 tons in 2024, and 246 tons in 2025 and beyond. There are 4 types of organic waste products that comply with SB 1383:
Compost, Mulch, Renewable energy from anaerobic digestion, Electricity produced from biomass compliant attributes. There is not currently SB1383 compliant mulch or compost available for the city to purchase from local vendors. If the local vendors could source SB1383 compliant mulch or compost and sell it to the City at current rates (including tax and delivery) the cost would be approximately 10% higher than purchasing the attributes in the proposed Desert View LLC contract. Additionally, the city would need to find a way to distribute and track for compliance purposes 246 tons of mulch or compost annually. There is similarly no current availability of renewable energy generation from anaerobic digestion given existing facility capacity although there is significant investment in the region in evaluating such a project. This is an unfunded mandate that the city is required to comply with despite and grant funding or additional financial contribution.
The price model for the contract has three schedules that are based upon the total volume of purchase from Pioneer member agencies by the July 31, 2023, deadline. The most expensive is schedule 1 with a cost of $31.50 per ton equivalent in 2023 increasing annually to $35.45 per ton equivalent in 2027. The cost to Nevada City for 2023 would be $2,331; $ 5,159.55 for 2024; and $8,221.32 for 2025 for a three-year aggregate contract cost of $15,711.87. The cost could be less should enough Pioneer member agencies participate to achieve Schedule 2 or 3 pricing.
Pioneer negotiated the contract on behalf of all JPA members. Pioneer’s cost of negotiating the contract will be allocated to each member agency that participates by July 31, 2023, which will save Nevada City a significant amount of money versus negotiating a one-off contract. The requested action authorizes the City Manager to pay the invoice for the City’s share of the Pioneer cost.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The first-year contract maximum amount of $2,331 will be funded from the fiscal year 2023-2024 budget.
Subsequent years budgets will include the increased amount as established by the schedule applicable at the time.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Climate: Planning for and building resilience through adaptation to climate change and 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:
PCA Sale Agreement
May 10, 2023 Pioneer Presentation
PROCUREMENT COMPLIANCE ATTRIBUTE PURCHASE AGREEMENT
This PROCUREMENT COMPLIANCE ATTRIBUTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of [date] (the “Effective Date”) by and between DESERT VIEW POWER LLC, a Delaware limited liability company (“Seller”), and [FULL LEGAL NAME], a [jurisdiction of organization] [entity type] (“Buyer”). Seller and Buyer are sometimes referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the Parties desire to enter into this Agreement in order to set forth the terms and conditions relating to the purchase and sale of certain biomass electricity compliance attributes for Buyer to satisfy its “Procurement of Recycled Organic Products by Local Jurisdictions” requirement of SB1383.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following defined terms have the meanings set forth below:
“Annual Report” means, with respect to any Contract Year, a report in the form attached hereto as Exhibit A setting forth the Facility, the number of Contract PCAs delivered in the Contract Year, the number of kWh produced by the Facility with Feedstock during such Contract Year, the amount of Buyer Energy Consumption during such Contract Year, information with respect to the receipt of and compliance with any Notice of Violation (as defined below), and other terms applicable to such Contract PCAs. “Applicable Standard” means the Recovered Organic Waste Product procurement standards enacted by the State of California and set forth in Health and Safety Code Sections 39730 et seq., 42652, 42652.5, and 42653, and the rules and regulations promulgated by CalRecycle thereunder, including those regulations set forth in 14 Cal. Code Regs. Sections 18993.1 and 18993.2, all as may be amended from time to time.
“Business Day” means a day on which Federal Reserve member banks in San Francisco, California, are open for business.
“Buyer Energy Consumption” means, with respect to any period, the number of kWh of electricity that is consumed by municipal operations of Buyer or another eligible direct service provider to Buyer permitted by 14 Cal. Code Regs. Sections 18993.1(e)(2) during such period (either from the grid or directly), as certified in writing by Buyer to Seller from time to time at Seller’s reasonable request. “CalRecycle” means the California Department of Resources Recycling and Recovery, or a successor governmental authority responsible for implementing and/or promulgating the Applicable Standards and overseeing the qualification and use of PCAs in California. “Contract Year” means each twelve (12) calendar month period during the Term beginning on January 1 and ending on December 31.
-2-
“Contract Year-to-Date” means, as of any date in any Contract Year, the period from January 1 of such Contract Year through such date.
“Event of Default” means, with respect to a Party, any of the following events:
(a) The failure of such Party to pay any amount when due in full as and when required under this Agreement, and such amount is not paid in full within five (5) Business Days after receiving Notice thereof;
(b) With respect to Seller, the failure of Seller to satisfy its Contract PCA delivery obligations under this Agreement (other than following a payment default by Buyer), and such failure is not cured within five (5) Business Days of the date that it receives Notice from Buyer of such failure; (c) With respect to Buyer, the failure of Buyer to purchase Contract PCAs when required under this Agreement, and such failure is not cured within five (5) Business Days of the date that it receives Notice from Seller of such failure;
(d) If any representation or warranty made by such Party in Section 5.1 or Section 5.2, as applicable, proves to have been materially misleading or false in any material respect when made and such Party does not cure the underlying facts so as to make such representation and warranty materially correct and not misleading in any material respect within thirty (30) calendar days of receipt of Notice from the other Party setting forth in reasonable detail the circumstances underlying such materially false or misleading representation or warranty;
(e) With respect to Seller, the failure to provide Buyer with Notice as required under Section 2.3 that qualifying electricity generated at the Facility and sold into the grid during such period is not sufficient to produce the number of PCAs required to be delivered during such period and that therefore Seller’s obligation to deliver PCAs to Buyer during that period is excused to the extent qualifying electricity is insufficient.
(f) With respect to Seller, the failure to provide Buyer with Notice of a Notice of Violation received by Seller after the Effective Date from a Governmental Authority with respect to the Biomass Facility (as defined below) within the period provided in Section 4.7(a), and such failure is not cured within twenty (20) Business Days of the date that Seller receives the Notice of Violation; (g) With respect to Seller, the receipt by Seller of a written determination from the applicable Governmental Authority not disputed or being negotiated in good faith by Seller that Seller has failed to be in material compliance with the material terms of any mitigation, settlement, restitution and other requirements agreed to between Seller and such Governmental Authority to resolve a Notice of Violation, and such failure is not cured within twenty (20) Business Days of the date of Seller’s receipt of such written determination from the applicable Governmental Authority not disputed or being negotiated in good faith by Seller;
(h) Any other failure of performance by such Party of its material obligations under this Agreement not otherwise specified as a separate Event of Default hereunder, and such failure is not cured within thirty (30) calendar days of receipt of Notice of Event of Default; or (i) Such Party (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due; (iii) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other -3-
similar law affecting creditors’ rights that is not dismissed within sixty (60) days; or (iv) has a secured party take possession of all or substantially all of its assets or has a distress, execution, receivership, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within thirty (30) days thereafter; provided, that a Final Determination that any PCAs are Disallowed PCAs shall not be an Event of Default. “Facility” means the biomass fueled electricity generation facility operated by Seller and located at 62300 Gene Welmas Way, Mecca, California 92254 or another biomass fueled electricity generation facility identified by Seller receiving Feedstock in compliance with Cal. Code Regs. Tit. 14, § 18993.1 (i) which may from time to time produce PCAs on the Seller’s behalf. “Feedstock” means biomass feedstock received directly from one or more eligible solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i). “Final Determination” means a determination by CalRecycle that any Contract PCAs are Disallowed PCAs, which determination is either (a) challenged in a court of competent jurisdiction and upheld in a final, non-appealable order by a court of competent jurisdiction; or (b) not challenged in any court prior to expiration of the period allowed for any court challenge. The order of a court will be deemed a “Final Determination” when the time for appeal, if any, will have expired and no appeal will have been taken or when all appeals taken will have been finally determined. “Interest Rate” means a rate equal to two percent (2%) over the per annum rate of interest equal to the prime lending rate as may from time to time be published in the Wall Street Journal under “Money Rates”; provided such interest rate shall never exceed the maximum lawful rate permitted by applicable law.
“kWh” means kilowatt-hours.
“Notice” means the process described in Section 7.2.
“Procurement Compliance Attribute” or “PCA” means an attribute associated with Recovered Organic Waste Products generated by the Facility with Feedstock that may be used by an eligible jurisdiction toward its SB 1383 Recovered Organic Waste Product procurement target, together with all associated Reporting Rights. For the avoidance of doubt, Procurement Attributes do not include any energy generated, or any other attributes, including renewable energy credits, capacity, avoided greenhouse gas emissions, avoided pollutant emissions, or any other credit, benefit, emission reduction, offset, or allowances, howsoever entitled, whether currently identified or identified any time in the future, attributable from a biomass conversion facility and/or its avoided emission of pollutants. A quantity of PCAs (including Contract PCAs) shall be expressed in kWh, and shall be converted into equivalent tons using the conversion ratio of one ton for every 650 kWh or such other conversion ratio required by the Applicable Standard. “PCA Certificate” means, with respect to any Contract PCAs, a certificate required by 14 Cal. Code Regs. Section 18993.2(a)(6) in the form attached hereto as Exhibit B relating to such Contract PCAs. “Quarterly Certificate” means, with respect to any Quarterly Period, a certificate in the form attached hereto as Exhibit C setting forth the number of Contract PCAs (a) delivered in such Quarterly Period, the Purchase Price to be paid for such Contract PCAs, Buyer Energy Consumption during such Quarterly Period, and other terms applicable to such Contract PCAs; and (b) delivered in the applicable Contract Year through the end of such Quarterly Period, the Purchase Price paid (or to be paid) for such -4-
Contract PCAs for the Contract Year through the end of such Quarterly Period, Buyer Energy Consumption during the Contract Year through the end of such Quarterly Period, and other terms applicable to such Contract PCAs.
“Quarterly Period” means each three (3) calendar month period during the Term ending on each March 31, June 30, September 30, and December 31; provided that the first and last Quarterly Periods of the Term shall be pro-rated based on the start date or end date of the Term, as applicable. “Recovered Organic Waste Products” has the meaning set forth in 14 Cal. Code Regs. Section 18982(60) and that meets the requirements set forth in 14 Cal. Code Regs. Section 18993.1. “Reporting Rights” means, with respect to any PCA, the right of Buyer to report that it owns such PCA to CalRecycle for purposes of applying such PCA to its SB 1383 Recovered Organic Waste Product procurement target.
“Unit Contingent” means that Seller’s obligation to deliver PCAs to Buyer during any period shall be excused to the extent qualifying electricity generated at the Facility and sold into the grid during such period is not sufficient to produce the number of PCAs required to be delivered during such period. “Vintage Year” means, with respect to any PCAs, the calendar year or years during which such PCAs were generated, as set forth in the applicable Quarterly Certificate or Annual Report. “SB 1383” means California’s Short-Lived Climate Pollutant Reduction law. “Term” means the period defined in Section 6.1.
ARTICLE 2
PURCHASE AND SALE OF PCAS
2.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller:
(a) Contract Years. During each Contract Year, a number of PCAs equal to the lesser of the following (“Total Annual Generated PCAs”): (i) the number of PCAs allocated to Buyer on Schedule I attached hereto for such Contract Year; (ii) if Seller determines that the total PCA generation from the Facility for a Contract Year (“Total Facility Generation”) is or will be insufficient for any reason to produce enough PCAs for Seller to meet its delivery obligations under this Agreement and all other PCA sales agreements for such Contract Year (“Seller’s Total Delivery Obligation”), the number of PCAs allocated to Buyer by Seller on a pro-rata basis based on Total Facility Generation and Seller’s Total Delivery Obligation; and (iii) the number of PCAs corresponding to the total aggregate Buyer Energy Consumption during such Contract Year; provided, that Seller shall not be obligated to sell to Buyer in any Contract Year PCAs in excess of the percentage of generation allocated to Buyer on Schedule I attached hereto for such Contract Year; and
(b) Quarterly Periods. During each Quarterly Period within a Contract Year, (i) a number of PCAs (if positive) equal to the lesser of (1) Total Annual Generated PCAs allocated to Buyer for such Contract Year-to-Date through the end of such Quarterly Period; and (2) the number of PCAs corresponding to the total aggregate Buyer Energy Consumption during such Contract Year-to-Date through the end of such Quarterly Period; minus (ii) the total aggregate number of PCAs purchased and sold under this Agreement during the applicable Contract Year prior to the first day of such Quarterly -5-
Period; provided, that Seller shall not be obligated to sell to Buyer in any Quarterly Period PCAs in excess of the percentage of generation allocated to Buyer on Schedule I attached hereto.
The PCAs required to be purchased and sold pursuant to this Section 2.1 are referred to herein as the “Contract PCAs”. Buyer shall not directly or indirectly sell or transfer any Contract PCAs to any person or entity without Seller’s prior written consent in each instance.
2.2 Pricing. Subject to the terms and conditions of this Agreement, Buyer shall purchase the Contract PCAs at a price per Contract PCA set forth in Schedule I (the “Per PCA Price”). The total aggregate amount due for all Contract PCAs in any period (calculated by multiplying the number of Contract PCAs during such period by the Per PCA Price) is referred to herein as the “Purchase Price”.
2.3 Delivery Obligation. Notwithstanding anything to the contrary in this Agreement, the obligation of Seller to sell and deliver Contract PCAs, and of Buyer to purchase and accept the Contract PCAs, is Unit Contingent. Within five (5) Business Days of Seller making a final determination that qualifying electricity generated at the Facility and sold into the grid during an applicable period is not sufficient to produce the number of PCAs required by this Agreement to be delivered during such period, Seller shall provide Buyer with Notice of such final determination.
2.4 Fulfillment of Obligations. Buyer covenants and agrees that during the Term, Buyer shall accurately and completely report all Buyer Energy Consumption and will not seek to circumvent its obligation to purchase all of the Contract PCAs required to be purchased by Buyer under this Agreement.
Seller covenants and agrees that during the Term, Seller shall not reduce the number of Contract PCAs in order for Seller to sell such Contract PCAs to another purchaser at a higher Per PCA Price, except to the extent Seller is permitted to do so by this Agreement.
ARTICLE 3
TRANSFERS
3.1 Delivery. The Contract PCAs set forth on each PCA Certificate shall become usable by Buyer towards Buyer’s SB 1383 Recovered Organic Waste Products procurement target upon Seller’s receipt of payment in full for such Contract PCAs in accordance with Article 4.
3.2 Further Assurances. The Parties shall cooperate fully and assist each other to obtain any and all required approvals and/or forms which may reasonably be required to effectuate the transfer of the Contract PCAs to Buyer in accordance with this Agreement, and to comply with the Applicable Standard and any and all other regulatory obligations relating to SB 1383 Recovered Organic Waste Products procurement as required by CalRecycle.
3.3 Responsibility. Each Party shall be responsible for all costs, fees, brokerage commissions, taxes, and charges of whatever kind and amount that such Party incurs in connection with the performance of its respective obligations under this Agreement.
3.4 Cooperation. Upon notification that any transfer contemplated by this Agreement will not be completed, the Parties shall promptly confer within five (5) days and shall cooperate in taking reasonable actions necessary to cure any defects in the proposed transfer, so that the transfer can be completed.
3.5 Maximums.
(a) Energy Usage Maximum. Notwithstanding anything in this Agreement to the contrary, Buyer covenants and agrees that Buyer shall not apply (or seek to apply) Contract PCAs toward -6-
Buyer’s SB 1383 Recovered Organic Waste Product procurement target in any Contract Year to the extent the number of kWh of energy covered by such Contract PCAs, on an as converted to kWh basis, exceeds the amount of Buyer Energy Consumption.
(b) Maximum PCAs. Notwithstanding anything in this Agreement to the contrary, but subject in all respects to Article 2, Buyer shall not be required to purchase PCAs in any Contract Year, on an as converted to kWh basis, in excess of the number of PCAs corresponding to the Buyer Energy Consumption during such Contract Year. In the event Buyer Energy Consumption during any Contract Year is not sufficient to support the purchase and sale of all Contract PCAs, then Seller shall, in addition to any other rights or remedies available to Seller under this Agreement, at law or in equity, have the right (but not the obligation) to sell such excess PCAs to any purchaser other than Buyer at any price negotiated by Seller, and Seller shall be permitted to retain all proceeds of such sales.
ARTICLE 4
REPORTS; BILLING; PAYMENT
4.1 Monthly Energy Usage. Within ten (10) calendar days after the last day of each calendar month, Buyer shall provide Seller with a statement of the Buyer Energy Consumption during such calendar month, together with true, accurate and complete copies of all bills, invoices and other documentation reasonably requested by Seller for energy purchased and consumed by Buyer for its own municipal operations, and energy purchased and consumed by each eligible direct service provider to Buyer allowable by the Applicable Standard (if any) for its own operations, during such calendar month (“Consumption Documents”).
4.2 Reporting.
(a) Quarterly Certificates. Within thirty (30) calendar days after the last day of each Quarterly Period, Seller shall provide to Buyer a Quarterly Certificate, together with an invoice relating to such Quarterly Period (each, a “Quarterly Invoice”).
(b) Annual Reports. Within thirty (30) calendar days after the last day of each Contract Year, Seller shall provide to Buyer an Annual Report, together with an invoice relating to such Contract Year (each, an “Annual Invoice”; Quarterly Invoices and Annual Invoices are referred to herein as “Invoices”) and a PCA Certificate for such Contract Year. For the avoidance of doubt, each Annual Invoice will include a netting of all Purchase Price invoiced in respect of the applicable Contract Year against all Purchase Price paid in respect of the applicable Contract Year, with a statement of the resulting payment or credit due.
(c) Other Information. Each Party shall provide such other information relevant to the performance of such Party’s obligations under this Agreement, or to confirm compliance by such Party with its obligations under this Agreement, as may be reasonably requested by the other Party. (d) Extension; Deemed Purchase. If Buyer fails to deliver all Consumption Documents relating to any applicable period within the period provided in Section 4.1, the deadline for Seller to deliver a Quarterly Certificate or Annual Report shall be automatically extended to the thirtieth (30th) calendar day from and after the date that Seller receives all Consumption Documents for such period. If Buyer fails to deliver all Consumption Documents relating to any Contract Year or Quarterly Period, as applicable, within twenty-five (25) calendar days after the last day of such Contract Year or Quarterly Period, as applicable, then Seller shall provide Buyer with Notice and ten (10) days opportunity to deliver the Consumption Documents. If Buyer fails to provide all Consumption Documents during such ten (10) day period, the Seller have the right, but not the obligation, to Invoice Buyer for one hundred percent (100%) of the -7-
Contract PCAs required to be purchased and sold for such Contract Year or Quarterly Period, as applicable, pursuant to Section 2.1, regardless of the amount of Buyer Energy Consumption, and Buyer shall be obligated to pay the full Purchase Price for such PCAs. Buyer shall be solely responsible for any and all matters resulting from any delay or failure to provide Consumption Documents, including any refusal by CalRecycle to accept or apply any PCAs towards Buyer’s SB 1383 Recovered Organic Waste Product procurement target.
4.3 Review.
(a) Quarterly Invoices. Buyer shall have thirty (30) days from the date of a Quarterly Invoice (the “Quarterly Invoice Review Period”) to review and confirm the calculation of the Purchase Price set forth in the Quarterly Invoice in accordance with this Agreement. If Buyer has a good faith dispute that the Purchase Price in the Quarterly Invoice has not been calculated in accordance with this Agreement, Buyer shall deliver Seller a written notice of such dispute reasonably describing the basis therefor prior to 4:30 p.m. Pacific Time on the last Business Day of the Quarterly Invoice Review Period (each, a “Notice of Dispute”). Failure to deliver a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Quarterly Invoice Review Period for any Quarterly Invoice (the “Quarterly Invoice Dispute Deadline”) shall, subject to Section 5.4, result in Buyer irrevocably accepting the applicable Quarterly Invoice and waiving any dispute with respect to the applicable Quarterly Invoice and all audit rights under Section 4.6 with respect thereto. If Buyer delivers a valid Notice of Dispute prior to the Quarterly Invoice Dispute Deadline for a Quarterly Invoice, the Parties shall meet in a good faith effort to resolve such dispute during the thirty (30) day period following delivery of the Notice of Dispute. (b) Annual Invoices. Buyer shall have thirty (30) days from the date of an Annual Invoice (the “Annual Invoice Review Period”) to review and confirm the calculation of the net Purchase Price set forth in the Annual Invoice in accordance with this Agreement. If Buyer has a good faith dispute that the Purchase Price in the Annual Invoice has not been calculated in accordance with this Agreement, Buyer shall deliver Seller a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Annual Invoice Review Period. Failure to deliver a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Annual Invoice Review Period for any Annual Invoice (the “Annual Invoice Dispute Deadline”) shall, subject to Section 5.4, result in Buyer irrevocably accepting the applicable Annual Invoice and waiving any dispute with respect to the applicable Annual Invoice and all audit rights under Section 4.6 with respect thereto. If Buyer delivers a valid Notice of Dispute prior to the Annual Invoice Dispute Deadline for an Annual Invoice, the Parties shall meet in a good faith effort to resolve such dispute during the thirty (30) day period following delivery of the Notice of Dispute.
4.4 Payment. Buyer shall pay each Invoice within thirty (30) days from the date of such Invoice. All payments made under this Agreement shall be made in immediately available United States Dollars by electronic transfer without additional notice, and without fees, deductions for counterclaims, set off (except as expressly provided in Section 5.4) or other claims, to the following account:
Seller: Desert View Power LLC
Bank: [●]
Account Number: [●]
ABA Number: [●]
4.5 Late Payment. If Buyer fails to remit any amount payable hereunder by it when due, interest on such unpaid amount shall accrue daily at the Interest Rate and be payable on demand. The right to collect such interest shall be in addition to, and not in lieu of, any other rights or remedies available to the receiving Party, whether pursuant to this Agreement at law or in equity. -8-
4.6 Audit Rights. Each Party (or its designee) shall have the right, with at least two (2) Business Days’ prior written notice, at its sole expense and during normal working hours, to examine and make copies of the books and records of the other Party to the extent reasonably necessary to verify the accuracy of any payment, charge or computation made pursuant to this Agreement; provided, that no adjustment for any Invoice disputed in accordance with Section 4.3 will be made unless a Notice of Dispute is submitted prior to the applicable Dispute Deadline. If any such examination reveals any inaccuracy, the necessary adjustments in payments due will be promptly made and paid or refunded, as applicable.
4.7 Certain Notices.
(a) Seller shall promptly, but no later than ten (10) Business Days following Seller’s receipt thereof, give Notice to Buyer of Seller’s receipt of a Notice of Violation after the Effective Date.
To the extent legally permitted, Seller shall provide Buyer a copy of the Notice of Violation. (b) Seller shall promptly, but no later than ten (10) Business Days following Seller’s receipt thereof, give Notice to Buyer of Seller’s receipt of a written determination from a Governmental Authority that Seller has failed to be in material compliance with the material terms of any mitigation, settlement, restitution and other requirements agreed to between Seller and such Governmental Authority to resolve a Notice of Violation.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
5.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party, as of the date of this Agreement that:
(a) It is duly organized and validly existing under the laws of the jurisdiction of its organization and, if relevant under such laws, in good standing; (b) It has the organizational authority and power to execute, deliver and perform its obligations under this Agreement;
(c) Assuming execution and delivery by the other Party, this Agreement constitutes a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms, subject to bankruptcy, reorganization, and similar laws affecting creditors’ rights generally and to general principals of equity (regardless of whether considered in a proceeding in equity or at law); (d) There is no pending or (to its knowledge) threatened litigation, arbitration or administrative proceeding that materially adversely affects its ability to perform its obligations under this Agreement; and
(e) It is not relying upon any advice, reports, analyses, or representations of the other Party other than those expressly set forth in this Agreement, or any guarantee of the obligations of such other Party, and the other Party has not given to it any assurance or guarantee as to the expected financial performance or results of this transaction, and it has entered into this transaction as principal and for its own account (and not as advisor, agent, broker or in any other capacity, fiduciary or otherwise), with a full understanding of, and the ability to assume, the terms and risks of the same, and has made its trading and investment decisions (including regarding the suitability thereof) based upon its own judgment and any advice from such advisors as it has deemed necessary.
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5.2 Contract PCAs. Seller warrants with respect to Contract PCAs delivered by Seller pursuant to this Agreement that (a) the Facility received Feedstock during the Vintage Year from one or more of the facilities set forth in 14 Cal. Code Regs. Section 18993.1(i) in a sufficient amount to produce electricity underlying such Contract PCAs; (b) such Contract PCAs are derived from electricity generated from Feedstock at the Facility during the Vintage Year; (c) Seller has the right and power to sell such Contract PCAs; (d) such Contract PCAs are delivered free from all liens, claims, security interests, encumbrances and other defects of title arising through Seller prior to delivery (other than Buyer’s obligation to pay Seller the Purchase Price); and (e) such Contract PCAs have not otherwise been sold or transferred by Seller to any jurisdiction other than Buyer to satisfy any Recovered Organic Waste Product obligation elsewhere under any standard, marketplace or jurisdiction.
5.3 Buyer Consumption. Buyer represents and warrants that Buyer is, and at all times during the term will be, a jurisdiction within the meaning of 14 Cal. Code Regs. Section 18993.1(a), and that Buyer will exercise Reporting Rights with respect to Contract PCAs in respect of any period only to the extent Buyer Energy Consumption during such period permits Buyer to do so.
5.4 Disallowed PCAs. If there is a Final Determination that any Contract PCAs purchased by Buyer hereunder do not meet the requirements for Buyer’s SB 1383 Recovered Organic Waste Product procurement target as set forth in the Applicable Standard due solely to the feedstock used to generate electricity at the Facility to produce such PCAs not qualifying as “Feedstock” (“Disallowed PCAs”), then Seller shall refund to Buyer (or, if Buyer owes any amounts hereunder to Seller, apply toward such balance) the Purchase Price actually paid by Buyer for such Disallowed PCAs or, if Seller has not yet invoiced Buyer for such Disallowed PCAs, Seller shall not invoice Buyer (and Buyer shall not be required to pay the Purchase Price) for such Disallowed PCAs. Buyer acknowledges and agrees that the remedies granted to Buyer in this Section shall be the sole and exclusive remedies of Buyer for any Final Determination that any PCAs are Disallowed PCAs. Notwithstanding the foregoing, if any person or entity challenges a Final Determination that any PCAs are Disallowed PCAs in a court of competent jurisdiction, then (a) the Parties shall reasonably cooperate with such person or entity in its efforts to challenge such Final Determination; and (b) neither Party shall oppose such person or entity in its efforts to challenge such Final Determination. and (c) the remedies set forth in this Section shall not be exercisable unless and until a Final Determination is made that PCAs are Disallowed PCAs.
5.5 Environmental. Seller represents and warrants as of the Effective Date that Seller has not received any unresolved written notice of violation from any governmental authority, including but not limited to the Environmental Protection Agency (“EPA”) or California Environmental Protection Agency (a “Governmental Authority”), arising under any Federal or California state environmental law (“Environmental Law”) relating to the Seller’s ownership or operation of the biomass generation facility located at 62300 Gene Welmas Way, Mecca, California 92254 (the “Biomass Facility”), or the Biomass Facility (each, a “Notice of Violation”), other than the Finding and Notice of Violation ENF-2-1 issued by the EPA on June 13, 2022.
5.6 Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 5.1,
5.2, 5.3, 5.4 AND 5.5, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND, AND EACH PARTY EXPRESSLY DISCLAIMS, AND THE OTHER PARTY
ACKNOWLEDGES THAT SUCH PARTY IS NOT RELYING UPON, ANY OTHER
REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, AND WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR
WARRANTY WITH RESPECT TO (A) CONFORMITY TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE; OR (B) ANY ACTION OR
FAILURE TO ACT, OR APPROVAL OR FAILURE TO APPROVE, OF ANY AGENCY OR GOVERNMENTAL ENTITY.
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5.7 Limitations of Liability. THE PARTIES CONFIRM AND AGREE THAT UNDER THIS
AGREEMENT, NO PARTY IS REQUIRED TO PAY OR WILL BE LIABLE FOR SPECIAL,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, LOST
PROFIT, LOST REVENUE, COSTS OF DELAY, LIABILITY TO THIRD PARTIES, BUSINESS
INTERRUPTION DAMAGES, OR OTHERWISE, WHETHER BY STATUTE, IN TORT, CONTRACT
OR OTHERWISE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE PARTIES’ PERFORMANCE (OR NON-PERFORMANCE) UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY’S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN
CONNECTION WITH OR RESULTING FROM THIS AGREEMENT OR FROM PERFORMANCE OR BREACH THEREOF EXCEED THE PURCHASE PRICE REQUIRED TO BE PAID HEREUNDER.
5.8 Survival. The representations in Sections 5.1 5.2, 5.3, 5.4 and 5.5 shall survive any expiration or termination of this Agreement until the first (1st) anniversary of the termination of the Term, whereupon they shall automatically terminate and be of no further force or effect.
ARTICLE 6
TERM; SURVIVAL.
6.1 Term. This Agreement is effective as of the Effective Date and will remain effective until the earlier to occur of (a) delivery of all of the Contract PCAs and Seller’s receipt of the full Purchase Price for all Contract PCAs; (b) the termination of this Agreement pursuant to Section 6.2 or Section 7.9; and (c) [date] (the “Term”).
6.2 Termination Due to Event of Default. If an Event of Default occurs with respect to either Party (the “Defaulting Party”) at any time during the Term, the other Party (the “Performing Party”) may, in addition to any other rights or remedies available to the Performing Party, (a) designate by written Notice delivered to the Defaulting Party a date, no earlier than the day such Notice is delivered and no later than twenty (20) days after such Notice is delivered, as the early termination date of the Term; or (b) by written notice delivered to the Defaulting Party, immediately suspend transfers of Contract PCAs due in respect of this Agreement (provided that such suspension shall not suspend or otherwise affect Buyer’s obligations to pay for Contract PCAs delivered prior to the date of suspension).
6.3 Survival. Except as set forth herein, Article 1, Article 2, Article 3, Article 4, Section 5.6, Section 5.7, Section 5.8, this Section 6.3, and Article 7 (subject to the limitation in Section 7.6) shall survive expiration or termination of the Term. Termination of the Term or this Agreement shall not release any Party from the obligation to pay any amounts which may be due or owing under this Agreement with respect to any period prior to the date of termination of this Agreement.
ARTICLE 7
GENERAL PROVISIONS
7.1 Waiver of Immunity. Each Party waives, to the fullest extent permitted by applicable law, with respect to itself and its revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from (a) suit; (b) jurisdiction of any court; (c) relief by way of injunction or order for specific performance or recovery of property; (d) attachment of its assets (whether before or after judgment); and (e) execution or enforcement of any judgment to which it or its revenues or assets might otherwise be entitled in any suit, action, or proceedings relating to any dispute arising out of or in connection with this Agreement.
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7.2 Notices. All notices, invoices, other formal communications which either Party may give to the other under or in connection with this Agreement shall be in writing and shall be sent by any of the following methods: hand delivery; reputable overnight courier; certified mail, return receipt requested; or e-mail. Notices, invoices and communications shall be deemed given when (a) actually received; (b) delivered by private courier (with confirmation of delivery); (c) transmitted by e-mail (with confirmation of transmission) (d) the next Business Day after delivered to a reputable overnight courier with all charges prepaid; or (e) five (5) Business Days after being deposited in the United States mail, first-class, registered or certified, return receipt requested, with postage paid. The communications shall be sent to the following addresses, or a different address provided by the receiving Party in accordance with the notice delivery requirements above:
If to Seller:
Desert View Power LLC
3600 American River Drive, Suite160
Sacramento, California 95864
Attention: [name]
Phone: [●]
E-mail: [●]
If to Buyer:
[name]
[address]
Attention: [●]
Phone: [●]
Email: [●]
7.3 Force Majeure. Neither Party shall be liable for any failure or delay in the performance of its respective obligations hereunder (other than the obligation to make any payment) if and to the extent that such delay or failure is due to a cause or circumstance beyond the reasonable control of such Party, which event or circumstance was not anticipated as of the Effective Date, including acts of God; expropriation or confiscation of facilities by a governmental agency (including without limitation a tribal authority); compliance with any change of law or government regulation, or order by government authority; act of war, rebellion or sabotage or damage resulting therefrom; fire, flood, earthquake, explosion or accident; epidemic or pandemic; riot, strike, or other concerted acts of workmen, whether direct or indirect(“Force Majeure”). Notwithstanding the foregoing, Force Majeure shall not include (a) the loss of Buyer’s markets for PCAs; (b) Buyer’s inability to use PCAs for regulatory compliance reasons caused by Buyer; (c) Buyer’s ability to purchase PCAs from another source or at a price lower than the Per PCA Price; or (d) Seller’s ability to sell PCAs at a price greater than the Per PCA Price. To the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this Agreement and such Party (the “Claiming Party”) gives written notice and details of the Force Majeure to the other Party as soon as practicable, then, the Claiming Party shall be excused from the performance of its obligations hereunder (other than the obligation to make payments then due or becoming due with respect to performance prior to the Force Majeure). The Claiming Party shall seek to remedy the Force Majeure with commercially reasonable efforts. The non-Claiming Party shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by Force Majeure. A Party seeking to be excused from performance of any of its obligations hereunder is not required to rely solely on this Section, but shall be entitled to rely on any other applicable provision of this Agreement.
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7.4 Entire Agreement; Amendments. The terms of this Agreement constitute the entire agreement between the Parties with respect to the matters set forth in this Agreement and supersede all prior and contemporaneous representations, warranties, covenants and agreements, whether oral or written. This Agreement may be changed only by written agreement identified as an amendment to this Agreement executed and delivered after the date hereof by all of the Parties.
7.5 Waiver. Either Party may waive compliance with any of the agreements or conditions of the other Party contained herein. Any such waiver shall be valid only if expressly set forth in an instrument in writing signed by the Party to be bound thereby. Any waiver of any breach, term or condition shall not be construed as a waiver of any subsequent breach or a subsequent waiver of the same term or condition, or a waiver of any other term or condition, of this Agreement. No delay by Buyer or Seller in exercising its rights or remedies hereunder, including the right to terminate this Agreement or suspend performance, shall be deemed to constitute or evidence any waiver by Buyer or Seller of any right hereunder. The rights granted in this Agreement are cumulative of every other right or remedy that the enforcing Party may otherwise have at law or in equity or by statute.
7.6 Confidentiality.
(a) Definition. For purposes of this Agreement, “Confidential Information” means oral and written information exchanged between the Parties in connection with this Agreement, including but not limited to utility customer account data, trade secret, and proprietary information, and personal financial data. . Notwithstanding the foregoing, the following shall not constitute Confidential Information:
(i) information which was already in a Party’s possession on a non-confidential basis prior to its receipt from the other Party; (ii) information which is obtained from a third person who, insofar as is known to the Party, is not prohibited from transmitting the information to the Party by an obligation of confidentiality to the other Party; (iii) information which is or becomes publicly available through no fault of the Party; (iv) information which is at any time independently developed by employees or consultants of a Party who have not had access to Confidential Information in the possession of that Party; and (v) records which are deemed to be public records subject to disclosure under the California Public Records Act, Government Code Section 6250, et seq.
(b) Generally. Except as provided in this Section 7.6, neither Party shall use for any purpose other than completing the transactions contemplated by this Agreement, or publish, disclose, or otherwise divulge Confidential Information to any person at any time during or after the Term, without the other Party’s prior express written consent. Each Party may permit knowledge of and access to Confidential Information only to those of its affiliates and its and their members, directors, managers, officers, attorneys, accountants, representatives, agents and employees that have a need to know related to this Agreement and agree to keep such information confidential.
(c) Required Disclosure. Notwithstanding the foregoing, if required by any law, statute, ordinance, decision, order or regulation passed, adopted, issued or promulgated, or if requested by a court, governmental agency or authority having jurisdiction over a Party, that Party may release Confidential Information, or a portion thereof, to the court, governmental agency or authority, as required or requested, provided that, if permitted by applicable laws, such Party has notified the other Party of the required disclosure, such that the other Party may attempt (if such Party so chooses) to cause that court, governmental agency, or authority to treat such information in a confidential manner or to prevent such information from being disclosed or otherwise becoming part of the public domain, and the Party being compelled to disclose shall reasonably cooperate (at the disclosing Party’s expense) with the disclosing Party’s reasonable requests to limit or prevent such disclosure. -13-
(d) Survival. This Section 7.6 survives for a period of one (1) year following the expiration or termination of this Agreement.
7.7 Governing Law. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of California, including its statutes of limitations and repose, but without regard to any borrowing statute that would result in the application of the statute of limitations or repose of any other jurisdiction.
7.8 Venue. Each Party hereby (a) irrevocably consents to the exclusive jurisdiction of any California State and Federal courts sitting in Sacramento, California with respect to all actions and proceedings arising out of or relating to this Agreement; (b) agrees that all claims with respect to any such action or proceeding shall be heard and determined exclusively in such California State or Federal court; (c) waives the defense of an inconvenient forum; (d) consents to service of process by mailing or delivering such service to it at its address set forth below and (v) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
7.9 Change in Law. If any statutes, rules, or regulations are enacted, amended or revoked which (other than statutes, rules, or regulations are enacted, amended or revoked by Buyer) have the effect of (a) changing the transfer and sale procedures set forth in this Agreement so that the implementation of this Agreement becomes impossible or impracticable; (b) making this Agreement illegal or unenforceable; or (c) eliminating the existence of the Contract PCAs or prohibiting Buyer from applying PCAs to Buyer’s SB 1383 Recovered Organic Waste Product procurement target (a “Change in Law"), the Parties agree to negotiate in good faith to amend this Agreement to conform with such Change in Law in order to maintain the original intent of the Parties under this Agreement. If the Parties cannot agree in good faith to amend this Agreement to conform with such Change in Law in order to maintain the original intent of the Parties under this Agreement within sixty (60) days of a Party providing the other Party with a written notice of a Change in Law, then either Party may terminate this Agreement upon delivery of written notice of termination to the other Party.
7.10 Construction; Interpretation. All Article and Section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not affect in any way the meaning or interpretation of this Agreement. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. Unless otherwise expressly provided, the words “include” and “including” do not limit the preceding words or terms, and mean “including without limitation”. In the calculation of any period of time, if the last day of such period falls on a day other than a Business Day, the period of time shall be automatically extended to the next Business Day.
With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence.
The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
7.11 Assignment. Buyer may not assign this Agreement or its rights or obligations hereunder in whole or in part. Seller may assign, mortgage, pledge, sell, or otherwise directly or indirectly assign its interest in this Agreement or its rights hereunder with the prior written consent of Buyer which shall not be unreasonably withheld.
-14-
7.12 No Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties (and their successors and assigns permitted hereunder) shall not impart any rights enforceable by any other third party.
7.13 Electronic Transmissions. Each Party agrees that (a) any signature page to this Agreement, consent or signed document transmitted by electronic transmission shall be treated in all manner and respects as an original written document; (b) any such signature page, consent or document shall be considered to have the same binding and legal effect as an original document; and (c) at the request of any Party, any such signature page, consent or document transmitted by electronic transmission shall be reexecuted and/or re-delivered, as appropriate, by the relevant Party or parties in its original form. Each Party further agrees that such Party will not raise the transmission of a signature page, consent or document by electronic transmission as a defense in any proceeding or action in which the validity of such signature page, consent or document is at issue and hereby forever waives such defense. For purposes of this Agreement, the term “electronic transmission” means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.
7.14 Counterparts. This Agreement may be executed in one or more counterparts and by different Parties in separate counterparts, each of which will be deemed an original, but all of which will together constitute one instrument.
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-Signature PageProcurement Compliance Attribute Purchase Agreement IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its duly authorized representatives as of the date first set forth above.
DESERT VIEW POWER, LLC
By:
Name:
Title:
[LEGAL NAME OF ENTITY (ALL CAPS)]
By:
Name:
Title:
EXHIBIT A
FORM OF
ANNUAL REPORT
This Annual Report, dated as of [date], evidences the purchase and sale of the number of Contract PCAs during the Contract Year set forth below pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Desert View Power LLC (“Seller”) and [name of buyer] (“Buyer”). Capitalized terms used but not defined in this Annual Report shall have the meanings assigned in the Purchase Agreement.
Contract Year Ending: [●]
Facility: [●]
Contract PCAs During Contract Year (kWh): [●]
Buyer Energy Consumption (kWh) During Contract Year: [●] Total PCAs Delivered During Contract Year (kWh): [●]
Total PCAs Delivered During Contract Year (equivalent tons): [●] A Notice of Violation from a Governmental Authority with respect to the Biomass Facility [was] [was not] received by Seller during the Contract Year.
[As of the date of this Annual Report, Seller [has] [has not] received written determination from the applicable Governmental Authority not disputed by Seller in good faith that Seller is not in material compliance with the material terms of any mitigation, settlement, restitution and other requirements imposed by such Governmental Authority, to resolve the Notice of Violation from such Governmental Authority with respect to the Biomass Facility.]
The Parties will revise the form of the Annual Report to reflect annual reporting requirements specified by CalRecycle.
EXHIBIT B
FORM OF
PCA CERTIFICATE
DESERT VIEW POWER LLC (“Seller”), through the undersigned authorized representative in his official capacity as an officer, DOES HEREBY CERTIFY UNDER PENALTY OF PURJURY as of [date] that:
1. This Certificate is being delivered pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Seller and [name of buyer] (“Buyer”). Capitalized terms used but not defined herein shall have the meanings assigned in the Purchase Agreement.
2. Seller is the owner and operator of the biomass-fueled electricity generation facility located at 62300 Gene Welmas Way, Mecca, California 92254 (the “Facility”).
3. The Facility qualifies as a biomass conversion facility that generates electricity for sale to the California electricity grid through the use of biomass feedstock received directly from one or more permitted solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i).
4. During the Contract Year identified below, the Facility generated electricity from biomass feedstock received directly from one or more permitted solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i) sufficient to produce the number of PCAs transferred to Buyer under the Purchase Agreement during the Contract Year identified below (the “Transferred PCAs”):
Number of Transferred PCAs Contract Year Ended
[●] December 31, [●]
5. Upon payment in full for the Transferred PCAs, the Transferred PCAs have not otherwise been sold or transferred by Seller to any jurisdiction other than Buyer to satisfy any recovered organic waste obligation elsewhere under any standard, marketplace or jurisdiction.
IN WITNESS WHEREOF, this Certificate has been executed and delivered by a duly authorized representative as of the date first set forth above.
DESERT VIEW POWER, LLC
By:
Name:
Title:
EXHIBIT C
FORM OF
QUARTERLY CERTIFICATE
This Quarterly Certificate, dated as of [date], evidences the purchase and sale of the number of Contract PCAs during the Quarterly Period and Contract Year set forth below pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Desert View Power LLC (“Seller”) and [name of buyer] (“Buyer”). Capitalized terms used but not defined in this Certificate shall have the meanings assigned in the Purchase Agreement.
Facility: [●]
Quarterly Period Ending: [●]
Contract Year Ending: [●]
(a) Buyer Energy Consumption for
Contract Year-to-Date through end of
Quarterly Period:
[●]
(b) PCAs allocated to Buyer Contract
Year-to-Date through end of Quarterly
Period:
[●]
(c) PCAs delivered by Seller to Buyer
during prior Quarterly Periods of Contract
Year:
[●]
PCAs delivered by Seller to Buyer this
Quarterly Period, equal to the lesser of (a)
or (b), less (c)
[●]
Price per kWh: $[●]
Price per Equivalent Ton: $[●]
Aggregate Purchase Price Due: $[●]
Expected Energy Consumption 1,214,993
Contract PCA Volume 750,750
Original Original Updated Updated Total Total
Projection Projection Actual Actual Forecast Forecast Projected Projected Consumption* PCAs generated* Consumption* PCAs generated* Consumption* PCAs generated* Consumption* PCAs generated* January 101,249 37,538 85,000 50,000 85,000 50,000
February 101,249 37,538 85,000 50,000 85,000 50,000
March 101,249 37,538 85,000 50,000 85,000 50,000
April 101,249 37,538 90,000 75,000 90,000 75,000
May 101,249 90,090 95,000 130,000 95,000 130,000
June 101,249 90,090 100,000 175,000 100,000 175,000
July 101,249 90,090 110,000 80,000 110,000 80,000
August 101,249 90,090 110,000 80,000 110,000 80,000
September 101,249 90,090 100,000 30,000 100,000 30,000
October 101,249 75,075 95,000 16,000 95,000 16,000
November 101,249 37,538 95,000 13,000 95,000 13,000
December 101,249 37,538 95,000 1,750 95,000 1,750
YTD / Future 1,214,993 750,750 540,000 530,000 605,000 220,750 1,145,000 750,750 * Attributed to this jurisdiction
SCHEDULE I
PRICING AND VOLUME
The example schedules below represent pricing based on the cumulative volume signed up by July 31, 2023, by all Pioneer Community Energy jurisdictions. The contract with each individual jurisdiction will have its individualized schedule inserted into the document.
Pricing is in three tiers: 0-10,000 tons; 10,001-20,000 tons; 20,001+ tons.
All PCAs purchased will be priced at the total volume signed up by July 31, 2023. * The volume in 2027 will automatically adjust to represent 100% of the Buyer’s Recovered Organic Waste Product target as provided by CalRecycle, with the Percentage of Generation and the Purchase Price filled in accordingly.
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is up to 10,000 tons as of 7/31/2023:
Then Schedule 1 would look like this:
Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $31.50 $0.0485 3,000 1,950,000 1.30% $ 94,500.00
2024 $32.45 $0.0499 6,500 4,225,000 2.82% $ 210,892.50
2025 $33.42 $0.0514 10,000 6,500,000 4.33% $ 334,183.50 2026 $34.42 $0.0530 10,000 6,500,000 4.33% $ 344,209.01 2027* $35.45 $0.0545 TBD TBD TBD TBD
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is 10,001 to 20,000 tons as of 7/31/2023:
Then Schedule 1 would look like this:
Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $30.25 $0.0465 3,942 2,562,300 1.71% $ 119,245.50
2024 $31.16 $0.0479 8,541 5,551,650 3.70% $ 266,116.21
2025 $32.09 $0.0494 13,140 8,541,000 5.69% $ 421,691.84 2026 $33.05 $0.0509 13,140 8,541,000 5.69% $ 434,342.59 2027* $34.05 $0.0524 TBD TBD TBD TBD
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is 20,001 to 30,000 tons as of 7/31/2023:
Then Schedule 1 would look like this:
Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $29.00 $0.0446 6,265 4,071,990 2.71% $ 181,673.40
2024 $29.87 $0.0460 13,573 8,822,645 5.88% $ 405,434.47 2025 $30.77 $0.0473 20,882 13,573,300 9.05% $ 642,457.70 2026 $31.69 $0.0488 20,882 13,573,300 9.05% $ 661,731.43 2027* $32.64 $0.0502 TBD TBD TBD TBD
Organic Waste Procurement
Compliance for SB 1383
Agenda
2 • SB 1383 Organic Waste Products Procurement Requirement • Procurement of Biomass Attributes (Greenleaf) Model
• Proposal for Pioneer’s Assistance
• Estimated Targets and Costs Per Year
• Cost Comparison
• Estimated Legal Fees
• Considerations
SB 1383 Organic Waste Products Procurement Requirement
Beginning January 1, 2022, SB 1383 requires cities and counties to procure annually a quantity of organic waste products to meet their annual procurement target • Jurisdictions are required to procure 30% of their organic waste targets in 2023 • 65% of their organic waste targets in 2024
• 100% of their organic waste targets in 2025 and thereafter There are 4 types of organic waste products that comply with SB 1383:
• Compost
• Mulch
• Renewable energy from anaerobic digestion
• Electricity produced from biomass compliant feedstock 3 Procurement of Biomass Attributes (Greenleaf)
Model
3 • Greenleaf is collecting SB 1383 biomass eligible material from local transfer stations and offering to sell the eligible “attributes” to local jurisdictions to comply with their procurement requirements • Greenleaf believes it can sell approximately 200,000 tons of SB 1383 compliant biomass material annually
• Greenleaf is selling 1 ton of SB 1383 compliant biomass that will be burned for the purposes of producing biomass energy for approximately $32.50 (the equivalent of 650 kwh of biomass energy)
Proposal for Pioneer’s Assistance
5 Representative Role
• Pioneer can facilitate and negotiate the price and draft agreement with Greenleaf on behalf of its participating members and also answer questions for each member agency throughout their approval process. Benefits include:
o Pioneer will have greater bargaining strength representing multiple jurisdictions and quite possibly better terms than jurisdictions on their own
o Pioneer can also save member agencies significant staff time by negotiating the draft agreement on behalf of multiple parties o The terms and conditions of the final agreement are up to the individual jurisdiction’s counsel to negotiate and approve
o This approach allows Pioneer to assist its members without any liability for compliance
o Compliance would be largely handled by Greenleaf with the exception of reporting that requires direct input from the jurisdictions, wherein Greenleaf would provide that data to submit 6 2022 Energy Max. Tons 2023
Target Cost
Usage kwh kwh Per Ton Procurable* in Tons Price Per
Ton 2023
Placerville 2,612,315 650 4,019 261 $ 32.50 $8,483
E.D. County 4,281,309 650 6,587 3,866 $ 32.50 $125,645
Auburn (w/o
OMI) 1,214,993 650 1,869 347 $ 32.50 $11,278
Auburn (with
OMI) 2,198,649 650 3,383 347 $ 32.50 $11,278
Colfax 876,129 650 1,348 52 $ 32.50 $1,690
Lincoln 3,821,239 650 5,879 1,191 $ 32.50 $38,708
Loomis 218,204 650 336 164 $ 32.50 $5,330
Rocklin 4,818,077 650 7,412 1,691 $ 32.50 $54,958
Placer County 7,903,404 650 12,159 2,751 $ 32.50 $89,408 Grass Valley Unknown 650 Unknown 306 $ 32.50 $9,945
Nevada City Unknown 650 Unknown 74 $ 32.50 $2,405
$347,828
*The maximum tons procurable through biomass attributes is calculated by taking the energy usage in kwh of the municipality divided by 650kwh (the CalRecycle equivalent of 1 ton of biomass attribute) 2023 Estimated Targets and Costs
*Any targe ts that e xce e d the Max Tons P rocurable mus t be me t through purchas e of e ithe r compos t or mulch 7 2022 Energy Max. Tons 2024
Target Cost Unmet Target
Usage kwh kwh Per Ton Procurable in Tons Price Per
Ton 2024 in Tons
Placerville 2,612,315 650 4,019 566 $ 32.50 $18,400
E.D. County * 4,281,309 650 6,587 8,376 $ 32.50 $214,065 1,789 Auburn (w/o
OMI) 1,214,993 650 1,869 751 $ 32.50 $24,399
Auburn (with
OMI) 2,198,649 650 3,383 751 $ 32.50 $24,399
Colfax 876,129 650 1,348 113 $ 32.50 $3,676
Lincoln 3,821,239 650 5,879 2,581 $ 32.50 $83,883
Loomis * 218,204 650 336 354 $ 32.50 $10,910 18
Rocklin 4,818,077 650 7,412 3,665 $ 32.50 $119,103
Placer County 7,903,404 650 12,159 5,960 $ 32.50 $193,695 Grass Valley Unknown 650 Unknown 664 $ 32.50 $21,580
Nevada City Unknown 650 Unknown 159 $ 32.50 $5,168
$694,879
2024 Estimated Targets and Costs
*Any targets that exceed the Max Tons Procurable must be met through purchase of either compost or mulch 8 2025 Onward Estimated Targets and Costs
2022 Energy Max. Tons 2025
Target Cost Unmet Target
Usage kwh kwh Per Ton Procurable in Tons Price Per
Ton 2025 in Tons
Placerville 2,612,315 650 4,019 871 $ 32.50 $28,308
E.D. County * 4,281,309 650 6,587 12,886 $ 32.50 $214,065 6,299 Auburn (w/o
OMI) 1,214,993 650 1,869 1,155 $ 32.50 $37,538
Auburn (with
OMI) 2,198,649 650 3,383 1,155 $ 32.50 $37,538
Colfax 876,129 650 1,348 174 $ 32.50 $5,655
Lincoln 3,821,239 650 5,879 3,970 $ 32.50 $129,025
Loomis * 218,204 650 336 545 $ 32.50 $10,910 209
Rocklin 4,818,077 650 7,412 5,638 $ 32.50 $183,235
Placer County 7,903,404 650 12,159 9,169 $ 32.50 $297,993 Grass Valley Unknown 650 Unknown 1,021 $ 32.50 $33,183
Nevada City Unknown 650 Unknown 246 $ 32.50 $7,995
$947,906
Cost Comparison
9 Purchase Biomass Attributes
• Greenleaf Power is offering SB 1383
compliant biomass attributes for
$32.50 per ton
• Nevada City’s estimated 2023
target is 74 tons
• Total estimated cost for Nevada
City is $2,405
• Pioneer would charge an
administrative fee to recover out of
pocket attorney’s costs related to
negotiating the contract. General
Counsel has estimated costs to be
between a low of $10,000 and a
high of $25,000. This cost would
be divided equally amongst
participating jurisdictions.
Purchase Compost
• Western Placer Waste Management
Authority in Lincoln quoted $21/ton for SB
1383 compliant compost (If Nevada City is a
member agency, then they may be eligible
for a discount)
• Multiplied by Nevada City’s estimated
2023 target of 74 tons equals a cost of
$1,554
• JT Trucking quoted $300/trip with a 24-ton
truck for 12 miles (the distance between
Western Placer Waste Management facilities
and Nevada City is 39 miles so the cost may
be more)
• It would take 4 trips to haul 74 tons at
$300 a trip for a total of $1,200
• Total estimated cost for Nevada City is
$2,754
• Nevada City would also need to figure out
what to do with 74 tons of compost
*Jurisdictions will need to do their due diligence to see if there is lower cost alternative.
Considerations
10 • The price of compost and mulch vary wildly, and Greenleaf acknowledges that their product is not for everyone
• Prices range from 25% cheaper to 4 times more expensive for mulch and compost depending upon proximity to product, the hauler, and operational costs
• Beginning January 1, 2027, jurisdictions’ procurement targets will be recalculated to reflect population changes
• If jurisdictions have SB 1383 local assistance grant money, they should contact their grant manager regarding using the funds to pay for the organic waste procurement
• Greenleaf has indicated that no contracts have been signed as of February 28, but they have been in discussions with
several jurisdictions that are large enough to account for all their attributes
• EACH JURISDICTION SHOULD CONDUCT THEIR OWN FISCAL
ANALYSIS AND DETERMINE THE BEST OPTION FOR
COMPLIANCE BEFORE SIGNING CONTRACT
Negotiated Provisions in the Contract
11 • The contract delivery term is up to you, but Greenleaf expects a minimum of 3 years, but prefers 5 years (through 2027) • Whatever term you choose, you will have the option to terminate the contract with 60 days notice in the event there is any change in law making the agreement impossible or impracticable
• Pricing is improved as more Pioneer members join – there are 3 tiers of volumetric pricing listed in Schedule 1, and the cutoff date for calculating enlisted volumes (using total 2025 volumes) is 6/30/2023 leaving enough time for jurisdictions to get necessary approvals
• The attorney’s fees for assistance in negotiating this contract will be shared equally amongst all participants and notice of that amount will be provided likely in July as we know how many have participated
• It is up to each jurisdiction to negotiate any final provisions in the contract
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: June 28, 2023 Agenda Item No. 12
Subject: Consideration of the Second Amendment to
Employment Agreement for City Manager Between the City of Nevada City and Sean Grayson.
From: Dean J. Pucci, City Attorney
Date: June 13, 2023
Reviewed & Approved:
City Manager: N/A
City Attorney: DJP
Recommended Action: Council to consider approval of the Second Amendment to the Employment Agreement with City Manager Sean Grayson.
ISSUE STATEMENT AND DISCUSSION:
On January 26, 2022, the City Council approved the employment agreement with City Manager Sean Grayson. The prior Interim City Manager, Joan Phillipe, negotiated certain terms and conditions for City Manager Sean Grayson’s employment. On September 28, 2022, Grayson requested the City amend his employment contract to update two provisions in accordance with those negotiations. Specifically, Grayson requested the City update his employment contract regarding two provisions in line with the Management and Supervisory Group Memorandum of Understanding (“MOU”): 1) salary adjustment, and 2) education incentive to be effective July 1, 2022. That request and the First Amendment to the employment agreement was approved by the Council by unanimous vote. City Manager Grayson seeks additional modifications and amendments to his employment agreement which are specifically identified as follows:
i. Appointment Term:
City Manager’s original employment agreement contained a term of three years, he is requesting that term be extended to a five-year term, which would end February 28, 2027, without further extension between the parties.
ii. Salary Adjustment
City Manager Grayson’s employment contract Section 3(C)(3) states that Grayson’s annual salary will be adjusted by the same cost-of-living adjustments on the same percentage and at the same time as may be adjusted for employees in the City’s Management and Supervisory MOU. Article 2 of the MOU provides for a 4% salary increase effective July 2023 and July 2024 respectively. Based upon these provisions Grayson is requesting:
A. Change base salary, effective July 1, 2023, from $164,300 (from 1st amendment) to $179,087 which represents the 4% base salary increase and 5% longevity pay (9%) total afforded to the management and miscellaneous bargaining units.
B. Change base salary effective July 1, 2024, to $186,250.48 to match the 4% afforded to all employees on that date.
iii. Health Insurance:
Grayson employment agreement currently provides a $2200.00 monthly payment in lieu of enrollment in city health insurance coverage. Grayson informs that his Cobra coverage (from former employment) is currently set to expire imminently and as such requests the following modification to the current agreement:
A. Change $2200.00 monthly payment in lieu of city health insurance enrollment to an option for Grayson to either enroll in city health insurance program or receive the in-lieu payment at the premium cost of the Grayson provided insurance or the equivalent of the city provided plan, whichever is less.
iv. Vacation Leave:
Grayson’s current agreement provides for 15 vacation days per year with an accrual cap of 240 hours.
Grayson requests the following modification to the current agreement:
A. An increase in vacation days to 20 per year and a corresponding increase in the accrual cap to 320 hours to match the current provisions of the management bargaining unit MOU provisions and authorized range found in the personnel rules. v. Severance and Termination:
Grayson’s current agreement provides for 30 calendar days written notice for Not For Cause separations and severance compensation in the amount of 6 months with provision of continuing health benefits / Cobra coverage for 6 months. Grayson requests the following modification to the current agreement:
A. An increase to require 90 calendar days written notice for Not For Cause separations and an increase in severance compensation to 9 months along with an increase to provision of 9 months of continuing health benefits/Cobra coverage.
vi. Certification Pay
Article 19 of the Management and Supervisory MOU provides for a maximum 3.75% (1.25% special certification pay and 2.5% special certificate pay incentive) incentive pay for certain identified special certifications which Grayson does possess.
vii. Effective Dates:
Grayson is requesting all changes, if approved herein, be effective July 1, 2023, with the exception of the 5 percent longevity pay and 3.75 percent certification pay which he is requesting be approved retroactively to January 1, 2023, to correspond with the availability of those incentives for all other employees.
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:
The increased costs from both the salary adjustment and the certification pay are budgeted for in the fiscal year 2023/24 annual budget and the retroactive payment is budgeted in the fiscal year 2022/23 annual budget in the City Manager department level budget.
ENVIRONMENTAL CONSIDERATIONS:
None.
ATTACHMENTS:
Second Amendment to City Manager Employment Agreement First Amendment to City Manager Employment Agreement
City Manager Contract Dated January 27, 2022
Management and Supervisory MOU
CITY OF NEVADA CITY
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
FOR CITY MANAGER POSITION SEAN GRAYSON
Effective July 1, 2023, this Second Amendment to the Employment Agreement ("Agreement") for the position of City Manager is entered into by and between the City of Nevada City ("City"), a general law city, and Sean Grayson ("Grayson"), an individual, and is effective upon final approval by the Nevada City City Council.
Recitals
WHEREAS, the City requires the services of a City Manager; WHEREAS, Grayson has the necessary education, experience, skills and expertise to serve as the City's City Manager;
WHEREAS, the City Council of the City (the "City Council") desires to employ Grayson to serve as the City Manager of City and to provide certain benefits, establish certain conditions of employment, and to set the working conditions of City Manager; WHEREAS, the Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of Government Code Section 53260 et seq.; and WHEREAS, the Parties wish to establish the terms and conditions of Grayson's employment as City Manager to the City through this Agreement; NOW THEREFORE, in consideration ofthe mutual covenants herein contained, the parties mutually agree asfollows:
Agreement
1. Appointment and Scope of Services.
Employment as the City Manager shall be "at will," subject to the terms of this Agreement, commencing on February 28, 2022, and for five (5) years, ending on February 28, 2027, or until termination or resignation as provided in Paragraph 5.
Grayson shall perform said duties at the pleasure of the City Council as provided in Government Code section 36506. Grayson will report to and receive policy direction from the City Council during the term of this employment.
2. Hours of Work.
Grayson shall devote necessary time, within and outside normal business hours, to the business of the City. Due to the nature of the position, it is understood that the workday and work week hours may vary. The City Manager is an exempt position; Grayson shall not be eligible for overtime.
3. Compensation.
A. City agrees to compensate Grayson for services rendered a base salary of $155,000 payable biweekly. Effective July 1, 2022, Grayson’s compensation was adjusted to $164,300. Effective July 1, 2023, Grayson’s compensation shall be adjusted to $179,087. The amount equivalent to a 5% base pay increase shall be retroactively effective on January 1, 2023. Effective July 1, 2024, Grayson’s base salary shall be adjusted to $186,250.48 to match the 4% salary increase afforded to all employees on that date. Grayson's compensation shall be reviewed annually in connection with the annual review (Section 6 below) or at other times as may be determined by City Council.
B. Employee has the potential of a salary and benefit adjustment each year as part of an annual performance evaluation. Salary adjustments made under this clause are considered separate from any cost-of-living adjustment that may be made as set forth below.
C. Any salary adjustment for the term of this agreement is contingent on:
1. A positive performance evaluation from a majority of the City Council members.
2. The Local Economic Benchmark, which is defined as secured property tax revenue, Bradley-Burns sales tax and transient occupancy tax, exceeds audited revenues from fiscal year 2021-2022.
3. City agrees to adjust Grayson's annual salary by the same cost-of-living adjustments on the same percentage and at the same time as may be adjusted for employees in the City's Management and Supervisory MOU.
4. City shall not at any time during the term of this agreement reduce the base salary, compensation or other financial benefits of Grayson, unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of those employees covered under the Management and Supervisory MOU or unless otherwise negotiated.
4. Other Benefits.
A. Health Insurance. Grayson may enroll in the City’s health insurance program.
As an alternative to enrolling in the City's health insurance program, Grayson may opt to receive an in-lieu payment at the cost of Grayson’s non-Cityprovided health insurance or the equivalent City-provided plan, whichever is less. If opting for the in-lieu payment, Grayson must provide the City with written notice/waiver of paid insurance premiums for which he is eligible and it must be alternative minimum essential coverage (other than coverage in the individual market and other than individual coverage through Covered California). Then, Grayson shall receive the in-lieu payment, which may be taken as taxable compensation or be placed into a deferred compensation plan.
The in-lieu payment is for health insurance coverage only with dental and vision coverage remaining as noted in the applicable MOU.
B. Life Insurance, Short Term and Long-Term Disability. TheCity shall provide term life insurance ($25,000) and short-term disability and long-term disability benefit options ($300 per month) as provided to all Management and Supervisory employees per the applicable MOU.
C. Deferred Compensation. The City shall provide Grayson $100 per pay period, not to exceed 26 pay periods annually, into the City 457b deferred compensation plan.
D. Vacation Leave. Grayson shall receive twenty (20) vacation days per year.
Grayson shall be allowed to earn vacation credit to a maximum of 320 hours.
Grayson will not be allowed to earn more than the maximum accrual. Should Grayson's vacation leave credits reach the maximum, Employee shall cease to earn any additional vacation credits until the leave balance is reduced sufficiently to allow additional credits to be added without exceeding the maximum accrual unless authorized due to extenuating circumstances by the City Council.
E. Holidays. Grayson shall receive fourteen (14) holidays per year as provided to all Management and Supervisory employees per the applicable MOU.
F. Administrative Leave. Grayson shall receive eighty (80) administrative hours per year as provided to all Management and Supervisory employees per the applicable MOU. Grayson will be credited 27 hours upon appointment prorated for the remainder of the fiscal year. This leave may not be accrued, accumulated or carried over from year to year.
G. Sick Leave. Grayson shall accrue one (1) day per month of sick leave as provided to all Management and Supervisory employees per the applicable MOU.
H. Retirement. Grayson is a "Classic" Tier 2 Miscellaneous member of the California Public Employees Retirement System. Employee will be covered under the City's 2 % at 60 formula. Grayson's contribution towards the retirement system will be the full employee share consistent with all Management and Supervisory employees. The City will pay the employer's share to PERS and Social Security and Grayson shall pay the employee contribution of Social Security.
I. Automobile and Cell.
1. The City shall provide Grayson an automobile allowance of $200 per pay period. This allowance is in lieu of mileage reimbursement or other expenses that may be incurred in connection with the use of Grayson's own vehicle for City business. Or, in the alternative, City will provide the use of aCity-owned vehicle to Grayson for the term of this agreement with costs including insurance, maintenance and fuel covered by City. Any use of a City vehicle shall be for purposes of City business only and not for personal or recreational use.
2. The City will provide a cell phone allowance of $40 per pay period.
J. Education Incentive. Grayson shall receive 7.5% above his base pay as an educational incentive pay based on his possession of a Master’s Degree from an accredited university as provided to all Management and Supervisory employees per the applicable MOU.
K. Certification Pay. Effective January 1, 2023, Grayson shall receive a maximum
3.75% (1.25% special certificate pay and 2.5% special certificate pay incentive) above his base pay based on his possession of special certificates as provided to all Management and Supervisory employees per the applicable MOU.
5. Termination.
This Agreement may be terminated at any time upon the mutual written consent of both City and Grayson.
A. Voluntary Resignation. Grayson may terminate this Agreement any time by providing the City not less than thirty (30) calendar days’ prior written notice.
B. By City without Cause. The City may terminate Grayson without cause by providing Grayson not less than ninety (90) calendar days’ prior written notice.
The City shall pay Grayson a severance in the sum equal to nine (9) months base salary plus nine (9) months COBRA health insurance coverage payments for Grayson and covered dependents, subject to Government Code section 53260 et seq.. Grayson shall not be removed by the City Council during the 120 days prior to a City Council election or in the first 120 days following any change in membership of the City Council, except upon a four-fifths (4/5) vote of the City Council.
C. By City with Cause. The City may terminate Grayson for cause, without obligation to make the severance payment to Grayson specified in section (B) above, subject to the following:
1. The City shall provide Grayson with written notice of the charges constituting cause for termination at least ten (10) working days prior to the effective date of the termination.
2. Within the ten (10) day period, but not earlier than five (5) working days after the notice has been given, City Council will provide Grayson an opportunity to respond to the charges in closed session. After hearing and considering Grayson's response to the charges, the City Council shall issue itsfinal decision in writing.
3. For purposes of this section, "for cause" means Grayson's material breach of this Agreement; conviction of a felony; conviction of a misdemeanor arising out of Grayson's duties under this Agreement and involving a willful or intentional violation of law; willful abandonment of duties; any other intentional or grossly negligent action or inaction by Grayson that materially and substantially impedes or disrupts the performance of the City or its organizational units, or is detrimental to employee or public safety; or a demonstrated overall unsatisfactory performance over two consecutive evaluation periods pursuant to Section 6 below.
6. Performance Evaluation.
The City Council shall review and evaluate the City Manager's performance annually. Nothing in this provision shall be construed to require the City to grant merit increases based on the performance evaluation nor to limit the discretion to grant merit increases. If the City Manager receives an overall unsatisfactory performance rating in a performance evaluation, the City Council shall evaluate the City Manager's performance again in six(6) months.
7. City Commitments.
a. The City shall provide the City Manager with office space, staff, equipment, supplies, automobile allowance, and all other facilities and services adequate for the performance of the City Manager's duties. b. The City shall pay for or provide the City Manager reimbursement for all actual business expenses other than mileage as set forth above. The City shall provide the City Manager a credit card to charge appropriate and lawful business expenses.
c. The City agrees to pay the professional dues and subscriptions on behalf of the City Manager for participation in national, regional, state or local associations and organizations, as necessary and desirable for the good of the City, and for the City Manager's continued professional participation and advancement.
d. The City agrees to pay the travel and subsistence expenses of the City Manager for purposes such as official functions, meetings, occasions, short courses, institutes and seminars that are necessary for the good of the City or for the professional development of the City Manager.
8. Non-Assignment of Agreement.
This Agreement is intended to secure the individual services of Grayson and is not assignable or transferrable by Grayson to any third party.
9. Governing Law/Venue.
This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in Nevada County.
10. Enforceability.
If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder ofthe provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
11. Conflict of Interest.
Grayson shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Grayson shall also be subject to the conflict-of-interest provisions of the California Government Code and any conflict of interest code applicable to the City Manager's City employment. Grayson is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements.
12. Entire Agreement and Modification.
This Agreement constitutes the entire understanding of the parties hereto pertaining to the City Manager employment contract and can only be amended by a writing fully executed by both parties.
13. Indemnification.
To the full extent of the law, the City shall defend and indemnify the City Manager against and for all losses sustained by the City Manager in direct consequences of the discharge of the City Manager's duties on the City's behalf for the period of the City Manager's employment, save and except those lossessustained as a result ofthe willful act or omission of the City Manager.
14. Notices.
Notices pursuant to this Agreement must be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. City:
Attn: City Council
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Copy to: Dean J. Pucci, City Attorney
6349 Auburn Boulevard
Citrus Heights, CA 95621
b. City Manager:
Sean Grayson
(Confidential address on file with Human Resources)
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice will be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.
15. Counterparts.
This Agreement may be executed in counterparts containing original signatures.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by the Mayor, and Grayson has signed and executed this Agreement, on the day and year written below.
DATED: June _____ , 2023
EMPLOYEE
Sean Grayson, City Manager
CITY OF NEVADA CITY
______________________________
Doug Fleming, Mayor
APPROVED AS TO FORM:
_____________________________
Dean J. Pucci, City Attorney
ATTEST:
_____________________________
Gabrielle Christakes, Deputy City Clerk
CITY OF NEVADA CITY
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
FOR CITY MANAGER
Effective July 1, 2022, the Employment Agreement (“Agreement”) between the City of Nevada City (“City”), a general law city, and Sean Grayson (“Grayson”), an individual, is retroactively amended as follows:
3. Compensation.
City agrees to compensate Grayson for services rendered a base salary of $164,300, payable bimonthly. Grayson’s compensation shall be reviewed annually in connection with the annual review or at other times as may be determined by City Council.
4. Other Benefits.
I. Education Incentive. Grayson shall receive 7.5% above his base pay as an educational incentive pay based on his possession of a Master’s Degree from an accredited university as provided to all Management and Supervisory employees per the applicable MOU.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by the Mayor, and Grayson has signed and executed this Agreement, on the day and year written below.
EMPLOYEE
DATED: September ____, 2022 ______________________________ Sean Grayson, City Manager
CITY OF NEVADA CITY
DATED: September ___, 2022 ______________________________ Doug Fleming, Mayor
APPROVED AS TO FORM:
__________________________________
Dean J. Pucci, City Attorney
ATTEST:
___________________________________
Gabrielle Christakes, Deputy City Clerk