Agenda packet, regular meeting, first session — Nevada City City Council, February 28, 2024

City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY February 28, 2024 6:30 PM

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.

Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, 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 or 18.

Public comments may be made:
*note the option of public comment via Zoom is no longer available

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 (unless the time limit is shortened for all by direction of the Mayor or Presiding member).

2. In writing: Email your comments to [email protected] or provide your comments in writing to the Deputy City Clerk at City Hall. Comments will be accepted until 3:00pm on the day of the meeting date. Comments will not be read during the City Council meeting but will be forwarded to all Council Members and made available for public review prior to the City Council Meeting. Written comments provided after the 3:00pm deadline will be provided to the Council members by the following business day and will be uploaded to the agenda packet online. When sending an email, it is extremely helpful to include the following:
• Full Name
• Address (specific or general, i.e.: 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, which is distributed to a majority of the Council members, 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 530-265-2496 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].

MEETING PROCEDURES:

All items on agenda will be open for public comments before final action is taken. 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.

Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Standards and Procedures shall apply to all City Council Meetings, members of the public:
(a) Shall limit comment time to that listed on the agenda; (b) May criticize City policies, procedures, programs and/or services or the acts or omissions of Council Members in carrying out their responsibilities as public officials, but shall refrain from disruptive behavior;
(c) Shall speak only from the podium when recognized by the Mayor, and shall address comments to the Mayor and not to staff or members of the audience; (d) Shall not approach individual Council Members while a meeting is in progress; (e) May provide written materials (10 copies recommended) to the Council during a meeting by giving the materials directly to the City Clerk.

The Mayor or presiding member of the Council has the authority to remove, or designate a person to remove, an individual for disrupting the Council meeting. Disruptive behavior is any action that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Before taking this action, the Mayor/presiding member shall warn the individual that their behavior is disruptive and that failure to cease this behavior may result in their removal. If the behavior does not promptly cease, the individual may be removed.

No warning is required to precede removal if an individual engages in behavior that is a true threat of force. A true threat of force has sufficient indicia of intent and seriousness so that a reasonable observer would perceive it to be an actual threat to use force by the person who makes the threat.

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 Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ Councilmember Kline
_____ Councilmember Ceci
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)

PRESENTATIONS
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 adhere to the meeting procedures identified above.

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.

Councilmembers or the City Manager may remove items from the Consent Agenda for separate discussion and action by City Council. Members of the public may request to remove items from the Consent Agenda, during Consent Agenda public comment, for separate discussion and action by the City Council, but action is required by the City Council to do so by motion, second and roll call vote. Unless the City Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on the Consent Calendar). Any item removed for separate discussion and action will be taken up following the motion to approve the Consent Agenda.

1. Action Minutes February 14, 2024, Regular Meeting
Recommended Action: Review and approve the minutes

2. Fire Activity Report – January 2024
Recommended Action: Receive and file the report

3. Office of Emergency Services Report / Wildfire Prevention and Mitigation Activities Report – January 2024
Recommended Action: Receive and file the report

4. Consideration of a City Investment Report for the 4th Quarter 2023 Recommended Action: Receive and file the report

5. Second Reading and Consideration of Ordinance 2024-01: An Ordinance of the City Council of the City of Nevada City, State of California Adding Chapter 2.55 (“Design Immunity for Public Projects”) of Title 2 (“Administration and Personnel”) to the City of Nevada City Municipal Code Pertaining to Design Immunity for Public Projects and Finding This Action to be Exempt from CEQA Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

BUSINESS

6. Consideration of a Presentation from the Community Foundation of Nevada County Recommended Action: Receive the presentation and provide any needed direction

7. Consideration of Amendment #1 of a Public Improvement Agreement Between the City of Nevada City and Jonathan Rowe to Provide Funding for the Sidewalk, Little Deer Creek Drainage, and Parking Improvements at the Stonehouse and Adjacent City Right-of-Way; and Authorizing the City Manager to Make Minor Changes to Milestone Payments as May be Needed to Accomplish the Project Without Changing the Total Amount Payable by the City
Recommended Action: Approve the amendment and authorize the City Manager to execute any related documents

8. Consideration of an Asset Loan Agreement Between the City of Nevada City and Ken Baker and Gary Tintle, the Owners of the Alpha Building at 210 Broad Street in Nevada City, California for the Temporary Placement of a City Owned Fire Wagon and Fire Hose Cart at the Site
Recommended Action: Approve the asset loan agreement

9. Consideration of Adoption of a City Volunteer Policy Recommended Action: Adopt the policy

10. Consideration of a Letter of Opposition to AT&T Applications 23-03-002 and 23-03- 003, filed with the California Public Utilities Commission (CPUC), Authorizing the Mayor to Sign and the City Manager to Transmit the Letter Recommended Action: Approve the letter

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.

Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the February 28, 2024, Regular Meeting of the Nevada City City Council was posted February 23, 2024, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website. Signed February 23, 2024, at Nevada City, California ____________________________________________________
Sean Grayson, City Manager
City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY February 28, 2024 6:30 PM

Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, 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 or 18.

Public comments may be made:
*note the option of public comment via Zoom is no longer available

MEETING PROCEDURES:

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

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.

1. Action Minutes February 14, 2024, Regular Meeting
Recommended Action: Review and approve the minutes

2. Fire Activity Report – January 2024
Recommended Action: Receive and file the report

3. Office of Emergency Services Report / Wildfire Prevention and Mitigation Activities Report – January 2024
Recommended Action: Receive and file the report

4. Consideration of a City Investment Report for the 4th Quarter 2023 Recommended Action: Receive and file the report

BUSINESS

6. Consideration of a Presentation from the Community Foundation of Nevada County Recommended Action: Receive the presentation and provide any needed direction

9. Consideration of Adoption of a City Volunteer Policy Recommended Action: Adopt the policy

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF FEBRUARY 14, 2024
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

REGULAR MEETING – 6:30 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Vice Mayor Petersen, Councilmembers Fleming, Ceci, Kline

Absent: Mayor Fernàndez
ADOPTION OF THE AGENDA:

Action: Motion by Ceci seconded by Fleming to adopt the Agenda for February 14, 2024 Meeting (Approved 4-0) Petersen, Kline, Ceci, Fleming
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

PRESENTATIONS
Proclamation: Black History Month
CONSENT ITEMS:

1. Action Minutes January 24, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable Activity Report – January 2024
Recommended Action: Receive and file the report

3. Police Activity Report January 2024
Recommended Action: Receive and file the report
Action: Item pulled for further discussion by Councilmember Ceci

4. Building Activity Report January 2024
Recommended Action: Receive and file the report

5. Consideration of Award of Contract with Nevada County Fence, Inc in an Amount Not-ToExceed $21,340.70 for Pioneer Park Playground Fence Improvements; Authorize a Project 2 Contingency of 10%, Not-To-Exceed $2,134.07; 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

6. Consideration of Award of Contract with Extreme Roofing in an Amount Not-To-Exceed $62,800 for Providence Mine Fire Station Roof Replacement; Authorize a Project Contingency of 10%, Not-To-Exceed $6,280; 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

7. Consideration of the Special Event Street Closure Request for the 2024 Farmer’s Market Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
Action: Motion by Kline, seconded by Ceci, to approve items 1 and 2, 4 through 7 on Consent (Approved 4-0) Petersen, Fleming, Kline, Ceci
Action: Motion by Ceci, seconded by Kline to approve item 3 on Consent (Approved 4-0) Petersen, Fleming, Kline, Ceci

PUBLIC HEARING

8. Conduct a Public Hearing in Consideration of Ordinance 2024-01: An Ordinance of the City Council of the City of Nevada City, State of California Adding Chapter 2.55 (“Design Immunity for Public Projects”) of Title 2 (“Administration and Personnel”) to the City of Nevada City Municipal Code Pertaining to Design Immunity for Public Projects and Finding This Action to be Exempt from CEQA
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption February 28, 2024 Action: Motion by Fleming, seconded by Kline, to hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption February 28, 2024
(Approved 4-0) Petersen, Fleming, Kline, Ceci

BUSINESS

9. Consideration of Resolution 2024-04: A Resolution of the City Council of the City of Nevada City, State of California Establishing a Nevada City Courthouse Ad Hoc Committee Recommended Action: Adopt the Resolution
Action: Motion by Ceci, seconded by Fleming, to adopt Resolution 2024 Establishing a Nevada City Courthouse Ad Hoc Committee
(Approved 4-0) Petersen, Fleming, Kline, Ceci

10. Consideration of Adopting the Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan
3 Recommended Action: Adopt the plan
Action: Motion by Kline, seconded by Ceci, to Adopt the Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan
(Approved 4-0) Petersen, Fleming, Kline, Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:58 PM
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Daniela Fernàndez, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 02
Subject: Fire Activity Report – January 2024
From: Sam Goodspeed, Division Chief
Date: February 21, 2024
Reviewed & Approved:

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 11 11
Total: 1 Total: 11
Avg: 11.00
Apparatus Resource ID (FD18.1): Engine 84
13 240 18
Total: 13 Total: 240
Avg: 18.46
Apparatus Resource ID (FD18.1): Engine2354
1 2 2
Total: 1 Total: 2
Avg: 2.00
Apparatus Resource ID (FD18.1): Rescue 84
29 590 20
Total: 29 Total: 590
Avg: 20.34
Total: 44 Total: 843
Avg: 12.95
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 02/14/2024 08:14:42 AM
Basic Incident Type (Fd1.21):

Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Agency Name:

Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 0.94% 500.00 0.00 500.00 100.00%
113 - Cooking fire, confined to container 2 1.89%
114 - Chimney or flue fire, confined to
chimney or flue
1 0.94%
Total: 4 Total: 3.77% Total: 500.00 Total: 0.00 Total:
500.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
65 61.32%
322 - Motor vehicle accident with injuries 2 1.89%
323 - Motor vehicle/pedestrian accident
(MV Ped)
1 0.94%
324 - Motor vehicle accident with no
injuries.
1 0.94%
381 - Rescue or EMS standby 1 0.94%
Total: 70 Total: 66.04% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 3 2.83%
424 - Carbon monoxide incident 1 0.94%
445 - Arcing, shorted electrical equipment 1 0.94%
463 - Vehicle accident, general cleanup 2 1.89%
Total: 7 Total: 6.60% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 3 2.83%
554 - Assist invalid 2 1.89%
Total: 5 Total: 4.72% 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 11 10.38%
622 - No incident found on arrival at
dispatch address
1 0.94%
651 - Smoke scare, odor of smoke 1 0.94%
Total: 13 Total: 12.26% 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 0.94%
735 - Alarm system sounded due to
malfunction
2 1.89%
743 - Smoke detector activation, no fire -
unintentional
3 2.83%
745 - Alarm system activation, no fire -
unintentional
1 0.94%
Total: 7 Total: 6.60% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Total: 106 Total: 100.00% Total: 500.00 Total: 0.00 Total:
500.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 02/14/2024 08:03:24 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 1 - Station 1 - City 6
2 - Station 2 - City 31
5 - Station 5 - City 52
NCC 54 3
NCC 84 7
NCC 86 2
NCC 87 1
NCC 88 1
NCC 91/92 1
Penn Valley 2
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 02/14/2024 08:03:27 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): 1 - Fire
113 - Cooking fire, confined to container 2 3.45%
Total: 2 Total: 3.45% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
39 67.24%
323 - Motor vehicle/pedestrian accident
(MV Ped)
1 1.72%
Total: 40 Total: 68.97% 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 3.45%
424 - Carbon monoxide incident 1 1.72%
440 - Electrical wiring/equipment problem,
other
1 1.72%
463 - Vehicle accident, general cleanup 1 1.72%
Total: 5 Total: 8.62% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 2 3.45%
554 - Assist invalid 1 1.72%
Total: 3 Total: 5.17% 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 6.90%
Total: 4 Total: 6.90% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
1 1.72%
743 - Smoke detector activation, no fire -
unintentional
2 3.45%
745 - Alarm system activation, no fire -
unintentional
1 1.72%
Total: 4 Total: 6.90% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Total: 58 Total: 100.00% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 02/14/2024 08:03:13 AM

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 03
Subject: Consideration of a Nevada City Office of Emergency Services Report on Wildfire Prevention and Mitigation
Activities
From: Evan McLenithan, Community Risk Reduction
Date: February 20, 2024
Reviewed & Approved: STG
Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

This monthly report will provide updates on the broad scope of activities assigned to the City’s OES.

Fire Safety Advisory Committee
The Risk Reduction Officer serves as the liaison to the committee which has historically met on the third Thursday of each month at 6PM. Agenda items taken up by the committee at their February 15th meeting included:

Working with the County Nevada has Nevada City join into their Community Wildfire Protection Plan (CWPP) process which included drafting a community survey that will assess the values of residents along with their perceived risk within the city. Dudek is finalizing the Community Engagement Plan and will offer a cost proposal for all aspects of the plan. By the time of the committee meeting, staff conducted initial outreach of the Survey at the Community Cleanup Day and the Mardi Gras parade, both on the 10th of February. The intent of the outreach events is to meet the community where they are and reach multiple groups of people that may not otherwise engage in the process. • Reviewing and refining the past parcel inspections practices with a strong emphasis on education moving forward.
• Reviewing the Three Slivers Pilot: Fuels Treatment Plan as it has progressed.

Education and Outreach
• Attended the Community Clean Up Day and Mardi Gras Parade • Met with representative’s form SAEL to discuss future sliver community service. • Met with County OES-defensible space department to discuss collaboration and current practices. • Created several Press Releases and Social media post for CWPP, Nevada st. Bridge closure, and Clean Up Day
Mitigation Activities
The Risk Reduction Officer has coordinated mitigation activities with the Public Works Superintendent and grant funded Fuels Equipment Operator.

Mitigation Activities in Planning
Three Slivers Pilot Program: Fuels Treatment Plan for Vegetation and Defensible Space Management.

Mitigation Activities Completed (see attachment for details) • Fuel clearing on the Monroe Sliver
• Fuel clearing at Little Deer Creek in Pioneer Park and near the Stonehouse. • Fuel clearing on Spring St. and Drummond
New Projects
• Secured a contract donated goat grazing services that will occur at the Old Airport property. Outreach for this project will include before and after visits with the neighboring residents and continual feedback from the Fire Safety Advisory Committee.
• A project initiation process was implemented to consider a neighborhood level program focused on defensible space, evacuation, safe refuge areas, and community connections in Nevada City. The project is aligned with a current grant opportunity.

Updates on Current Projects
The Deer Creek Hazardous Fuels Project is currently underway being worked on with the goal of completion by February. The project is working under a planning grant from the Sierra Nevada Conservancy (SNC) which funds the creation of a fuel’s treatment plan and completion of the required environmental planning. In addition to support for the Registered Professional Forester under contract for the work, social media and community outreach continues on the project. Once complete, staff will seek future grant applications to fund the implementation and completion of the required work.

Grant Seeking
• In coordination with the City’s contracted grant writing service, OES has applied for the California Volunteers Local Government: Connecting Neighbors to Neighbors grant program seeking $250,000 in support of a neighborhood level program focused on defensible space, evacuation, safe refuge areas, and community connections in Nevada City. The city should hear back by March 1st as to if they received the grant.
• In coordination with the City’s contracted grant writing service, OES has evaluated multiple fire related grants opportunities including:
o CAL FIRE Wildfire Prevention Grant
 Wildfire Risk Reduction Community
o State Fire Capacity Grant Program
o Land Water Conservation Fund grant opportunities.

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:

Presentation of Work Completed by the Fuels Mitigation Equipment Operator Drummond and
Monroe Sliver update
February 15, 2024
Monroe Before:

Monroe
During:

Monroe After
Side by side of
Monroe
Drummond
Before:

Drummond
During
Drummond
During
Drummond
After:

Coming soon

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 04
Subject: Consideration of a City Investment Report for the 4th Quarter 2023.

From: Stephen Erlandson, Interim Assistant City Manager Date: January 30, 2024
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The City Investment Policy requires the City Manager to submit a quarterly cash and investment report to the City Council that contains a summary of investment transactions including investment types, percent of portfolio, yield, purchase date, maturity date, issuer or institution, par and dollar amount invested, market value, source of market valuation, and the portfolio’s average weighted yield and maturity.

The quarterly cash and investment report provides a summary of the cash and investment accounts held by the City for the quarter ended December 31, 2023. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a number of accounts and securities.

The balance in the pooled cash account includes cash and liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.

Time Value Investments, Inc. (TVI) manages and makes recommendations for $1,279,465.30 (market value) of the City’s investment portfolio. City staff directly manages the LAIF pooled investment of $541,299.21 and all of the City’s Tri Counties checking accounts.

Detailed information regarding the securities contained in the City’s investment portfolio is provided in the City’s Investment Report (Attachment).

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is no fiscal impact as a result of this action.

STRATEGIC PLAN ALIGNMENT:

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

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Investment Report for the Quarter Ended December 31, 2023

CITY OF NEVADA CITY

INVESTMENT REPORT
as of
December 31, 2023
Sean Grayson

CITY MANAGER
Stephen Erlandson

ASSISTANT CITY MANAGER
February 14, 2024

CITY OF NEVADA CITY

INVESTMENT REPORT

TABLE OF CONTENTS
Statement of Compliance/Non-Compliance 1
Report of Cash and Investments 2
LAIF Investment Reports 4
Time Value Investments Statement 7
City of Nevada City
Statement of Compliance/Non-Compliance
with the City’s Investment Policy
The undersigned officers of the City of Nevada City hereby certify that:

As of December 31, 2023, the City of Nevada investment report includes all cash and investments of the City and is in conformance with all State laws and in compliance with the Investment Policy adopted at the January 10, 2024 Regular City Council Meeting. At the time of the report, there is sufficient liquidity from cash, cash equivalents, and anticipated revenues available to meet the City’s budgeted expenditure requirements for the next six months.

Sean Grayson Stephen Erlandson
City Manager Interim Assistant City Manager
1 Description
Settlement
Date
Maturity
Date
Shares/
Par Value
Coupon
Rate Yield Cost
Percent of
Portfolio
Market *
Value
Cash in Bank
Petty Cash $ 1,300.00 1,300.00 $
Tri Counties Bank General Checking 1,294,523.97 1,294,523.97Tri Counties Bank Core Cannabis Checking 3,285,037.22 3,285,037.22Time Value Investments Money Market 26,954.29 26,954.29 Total - Cash in Bank $ 4,607,815.48 71.62% 4,607,815.48 $ Pooled Investments
Local Agency Investment Fund 3.929% 541,299.21 $ 541,299.21 $ Total - Pooled Investments $ 8.41% 541,299.21 541,299.21 $ Certificates of Deposit
American Express National Bank- 02589AC67 4/13/22 4/14/25 246,000.00 $ 2.600% 2.680% 246,000.00 $ 238,528.98 $ Capital One Bank - 14042TFJ1 4/13/22 4/13/27 246,000.00 2.700% 2.880% 246,000.00 230,066.58Comenity Capital Bank - 20033A2Z8 4/14/22 4/14/26 249,000.00 2.600% 2.730% 249,000.00 237,060.45 Total - Certificates of Deposit 741,000.00 $ 741,000.00 $ 11.52% 705,656.01 $ US Treasury Notes
9128286R6 4/30/19 4/30/24 250,000.00 $ 2.250% 2.270% 242,147.50 $ 247,500.00 $ Total - US Treasury Notes 250,000.00 $ 242,147.50 $ 3.76% 247,500.00 $ Agencies:Federal Farm Credit Bank (FFCB)
3133EPHE8 4/28/23 4/28/25 300,000.00 $ 4.250% 4.250% 301,698.65 $ 299,355.00 $ Total - Federal Farm Credit Bank (FFCB) 300,000.00 $ 301,698.65 $ 4.69% 299,355.00 $ $ 1,284,846.15 1,291,000.00 $ 19.97% 1,252,511.01 $
$ 1,793,810.22 1,826,145.36 $ $ 100.00% 6,401,625.70 6,433,960.84 $ 802 Days564 Days

3.02%3.29%
Average weighted maturity of investements, excluding investment poolsAverage weighted maturity of investements, including investment poolsAverage weighted yield of investements, excluding investment poolsAverage weighted yield of investements, including investment pools* Market Value of City investments provided by Time Value Investments (see attached statement).Total City Cash and Investments City of Nevada City
Report of Cash and Investments
for the Quarter Ended December 31, 2023
Total City Investments, Excluding Pooled InvestmentsTotal City Investments, Including Pooled Investments 2 NOTE: Market value disclosure is for informational purposes only. City policy is to hold all investments until maturity; therefore, any unrealized gain or loss reflected between the cost and market value of an investment will not be realized. 3 December 3.929
November 3.843
October 3.670
September 3.534
August 3.434
July 3.305**
PMIA Average Life(1): 230
LAIF Fair Value Factor(1): 0.993543131
PMIA Daily(1): 3.96
PMIA Quarter to Date(1): 3.81
LAIF Apportionment Rate(2): 4.00
LAIF Earnings Ratio(2): 0.00010932476863589
LAIF Administrative Cost(1)*: 0.29
Treasuries

61.22%
Agencies

21.44%
Certificates of
Deposit/Bank Notes

7.72%
Time
Deposits

3.34%
Commercial
Paper

5.71%
Corporate
Bonds

0.36%
Loans

0.21%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year. ** Revised
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 1/17/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 12/31/23
Chart does not include $2,164,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.

Pooled Money Investment Account
Monthly Portfolio Composition (1)
12/31/23
$158.0 billion
4 Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:

Bills 26,992,679,410.54 $ 27,341,582,810.63 $ 27,352,122,000.00 $ NA Notes 68,988,369,285.87 $ 68,970,726,643.78 $ 68,066,367,000.00 $ 380,047,413.50 $ Federal Agency:

SBA 273,825,056.61 $ $ 273,825,056.61 $ 273,117,626.86 $ 1,326,636.53 MBS-REMICs $ 2,164,861.02 $ 2,164,861.02 $ 2,133,161.33 $ 9,501.16 Debentures $ 8,533,332,561.10 $ 8,532,907,561.09 $ 8,460,384,650.00 $ 60,973,579.20 Debentures FR $ - $ - $ - $ -
Debentures CL $ 650,000,000.00 $ 650,000,000.00 $ 639,238,500.00 $ 4,456,111.50 Discount Notes $ 21,584,982,812.45 $ 21,861,271,194.36 $ 21,856,617,000.00 NA Supranational Debentures $ 2,819,756,450.14 $ 2,819,512,700.14 $ 2,788,881,800.00 $ 20,848,175.60 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ - $ - $ -
CDs and YCDs $ 12,200,000,000.00 $ 12,200,000,000.00 $ 12,207,619,357.44 $ 162,478,416.67 Commercial Paper $ 9,014,594,527.68 $ 9,116,638,444.29 $ 9,117,150,756.95 NA Corporate:

Bonds FR $ - $ - $ - $ -
Bonds $ 566,929,562.48 $ 566,697,340.26 $ 551,864,240.00 $ 3,944,225.38 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,284,000,000.00 $ 5,284,000,000.00 $ 5,284,000,000.00 NA PMIA & GF Loans $ 325,717,000.00 $ 325,717,000.00 $ 325,717,000.00 NA TOTAL $ 157,236,351,527.89 $ 157,945,043,612.18 $ 156,925,213,092.58 $ 634,084,059.54 Fair Value Including Accrued Interest $ 157,559,297,152.12 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).

The value of each participating dollar equals the fair value divided by the amortized cost (0.993543131).

As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,870,862.61 or $20,000,000.00 x 0.993543131.

State of California
Pooled Money Investment Account
Market Valuation
12/31/2023
5 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
January 30, 2024
LAIF Home
PMIA Average Monthly
Yields

CITY OF NEVADA CITY

CITY CLERK
317 BROAD STREET
NEVADA CITY, CA 95959
Account Number: 98-29-580
December 2023 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 541,299.21
Total Withdrawal: 0.00 Ending Balance: 541,299.21
6 7
8 9
10 11
12 13
14 15
16 CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 05
Subject: Second Reading and Consideration of Ordinance
2024-01: An Ordinance of the City Council of the City of Nevada City, State of California Adding Chapter 2.55 (“Design Immunity for Public Projects”) of Title 2 (“Administration and Personnel”) to the City of Nevada City Municipal Code
Pertaining to Design Immunity for Public Projects and Finding This Action to be Exempt from CEQA.

From: Sean Grayson, City Manager
Date: February 15, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hold second reading and adopt the ordinance.

ISSUE STATEMENT AND DISCUSSION:

At the February 14, 2024, regular City Council meeting, the City Council introduced Ordinance 2024-01 to amend sections of the municipal code needed to address design immunity considerations for public projects.

When projects are authorized to be advertised or bids are awarded by the City Council, language is typically included in the City Council action to approve plans and specifications. There are situations where the City Council does not approve plans and specifications, such as small projects, or there are change orders during construction. These situations would benefit from the ability of the City to respond quickly, without having to bring the matter before the City Council at a noticed public hearing.

Government Code Section 830.6 provides public agencies with a design immunity defense for any public works projects designed and constructed by the public agency, provided that the design was approved in advance of the construction by the agency’s legislative body or by an employee authorized by the legislative body to give such design approval. The Public Works Director and/or City Engineer have the technical background to review and oversee public works projects, and approve the design, and plans and specifications. If the City Council desires to authorize the Public Works Director and/or City Engineer to exercise design approval authority, staff recommends that to ensure the City retains the design immunity protection afforded by state law, the City Council codify the delegation in the City’s Municipal Code.

It is important to note that proposed Ordinance 2024-01 does not in any way impact or change the City Council’s discretionary authority to approve projects and appropriate project funding pursuant to other applicable City policies and procedures. The ordinance also does not circumvent other established project design review and approval processes.

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:

The subject ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the adoption of this ordinance is not a project, as defined by CEQA, but is instead an administrative action per California Code of Regulations, Title 14, section 15378(b)(2), and merely amends the regulatory process for sign applications.

LEGAL REVIEW:

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

ATTACHMENTS:

Ordinance 2024-01
ORDINANCE NO. 2024-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA ADDING CHAPTER 2.55 (“DESIGN IMMUNITY FOR PUBLIC PROJECTS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) TO THE CITY OF NEVADA CITY

MUNICIPAL CODE PERTAINING TO DESIGN IMMUNITY FOR PUBLIC PROJECTS AND

FINDING THIS ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City desires to add Chapter 2.55 to aid in the proper documentation of the approval of public works projects, particularly roadway design, to preserve design immunity.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Nevada City:

SECTION 1. Municipal Code Amendment. A new Chapter 2.55, to be entitled “DESIGN IMMUNITY FOR PUBLIC PROJECTS” of the Nevada City Municipal Code is hereby created to provide as follows:
“The Public Works Director and City Engineer are authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6, for all public projects approved by the City Manager pursuant to Chapter 2.08.

Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6.”
SECTION 2: Environmental Determination: The City Council hereby finds and declares that this Ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to the CEQA guidelines, including §15378(b)(5) as an organizational or administrative governmental activity that will not result in direct or indirect physical changes to the environment, and §15060(c)(2) as an activity that does not create a potential for direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3: Effective Date and Publishing Requirement. This Ordinance shall become effective thirty (30) days after the adoption date thereof and within fifteen (15) days of the passage of this Ordinance, the City Clerk shall publish a summary of this Ordinance in The Union, a newspaper of general circulation.

PASSED AND ADOPTED at a regularly scheduled meeting of the City Council of Nevada City held this 14th day of February 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Daniela Fernández, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 07
Subject: Consideration of a Presentation from the Community Foundation of Nevada County.

From: Sean Grayson, City Manager
Date: February 15, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive the presentation and provide any needed direction.

ISSUE STATEMENT AND DISCUSSION:

Cristine Kelly, Interim CEO of the Community Foundation of Nevada County will provide a presentation to inform the City Council and community about the Community Foundation, its origin, purpose, and potential as a community intermediary organization in the region. The presentation proposed by the foundation is attached.

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:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

Community Foundation of Nevada County Presentation
The Community Foundation
of Nevada County
Why a Community Foundation?
The community foundation serves as the catalyst, the
convenor, collaborator and facilitator to solve problems and develop solutions to our community’s issues.

What Does a Community Foundation Do?
1 Create a culture of giving.

Support the nonprofit
sector.

Enhance community capacity.
2 Build useful knowledge.
3 4
Enhancing
Philanthropy
A community foundation’s value derives from its dual
capacity to shine a light on issues of local importance and to attract resources to meet those needs. In this way,
community foundations are champions for community
philanthropy–as a form of, and force for local development that strengthens capacity, and builds trusting resilient communities where all people can participate and prosper.

Implications:

Philanthropic advice and counsel, impact investing, trusted source of community needs and priorities
In just twenty years, the Community
Foundation of the North State grew from
$600k to over $33M in assets. It facilitates
$9M in new giving in the region.

Growing Philanthropy
Strengthen Nonprofits
Community foundations bring together the financial
resources of individuals, families, and businesses to support effective nonprofits in their communities. Their deep
knowledge of the nonprofit sector in a region helps bring collaborations together, build energy and help create an expanded culture of giving.

Implications:

Grant programs, advocacy, collaboration
Building Healthy Communities is a $10B
statewide campaign funded by the California
Endowment which provides $3M in funding
to execute the initiative in the Humboldt
community through its nonprofits.

Leveraging Intermediary Funding- Rural Health
Build community
vitality
Community leadership happens when community
foundations act as valuable partners that drive positive change in the area they serve. The modern community
foundation is interested in transforming the lives and
communities it serves. It is intentional, focused on impact, and is always considering it’s value -add to the community it serves.

Implications:

Grow and link local leadership, maximize access to
resources, advocate and partner for solutions
TTCF leveraged a $250k investment and
helped secure over $4M in funding in
order to secure the tax credits needed to
build this mixed-use development.

Impact Investing-Artist Housing
Partner with local
government
Local government and community foundations have a shared interest in the development of civil society. Their collaboration ensures that both public and private institutions are working together towards common goals, avoiding duplication of effort and ensuring maximum impact. From a gov’t perspective,
independent funders like community foundations can build partnerships across sectors, give government a “human
dimension”, help to leverage public funding and are free of short-term mindset of elected bodies.

Implications:

Disaster relief, community grant initiatives, leveraging resources to address community needs
North Valley Community Foundation
raised and distributed $63M in relief to
victims of the Camp Fire.

Disaster Relief
$1,500,000
The movement toward a community foundation for Western Nevada County was born out of the success of the Nevada County Relief Fund. In a period of 9 months, NCRF raised $1.5M in a public/private partnership for COVID and wildfire relief, supporting 30 safety-net nonprofits and helping over 150 small businesses stay on their feet. NCRF wildfire relief efforts got funds immediately to survivors- from gift cards to supporting short term housing.

Safety
30-net nonprofits150
Nonprofits
Small businesses
Nonprofits
Families affected by 2
50 wildfires
Nonprofits
Our Process
0 1
Research and Discovery
(completed)
Stakeholder interviews; determine key
motivators, potential roadblocks and issues;
convene Steering Committee
0 2
Project Design and Viability
(completed)
Business model structure and scenario,
financial strategy, case statement and pitch
materials, investor and stakeholder interviews
0 3
Implementation and Sustainability
(in process)
Founding Board, incorporation, grantmaking
strategy, community initiative prioritization,
strategic plan, launch
Our Focus:

Culture, Land, Community
Values:
● Respect for diversity
● Empathy
● Trust/trustworthy
● Integrity
● Equity
Future Impact
A $750k investment now could lead to over $10M in impact for Western Nevada County over the next decade. Our committee includes a diverse group of individuals, from farmers to philanthropists, thinking beyond the box to help the entire region thrive. By coming together as a community, we can make more possible.

Discovery
$50K
Launch
$750K
Impact
$10M
Capital Absorption Framework

1. Articulating Shared Priorities

2. Creating an Investable Pipeline of Projects

3. Improving the Enabling Environment

● Center for Nonprofit Leadership
● Tahoe Truckee Community Foundation
Partners in the Region
Leadership
Cristine Kelly, Interim
CEO
Richard Baker, Chair
Megan Joseph, VP
Lauren Maddux,
Treasurer
Michelle Amador,
Secretary
Katherine Johnson
Jesse Locks
Marley Mueller
Jennifer Singer
Scott Beesley
Yolanda Cookson
Sienna Crawford
Amy Cobden,PhD
Daniela Fernandez
Tom Ivy
www.nevcofoundation.org

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 10
Subject: Consideration of Amendment #1 of a Public
Improvement Agreement Between the City of Nevada City and Jonathan Rowe to Provide Funding for the Sidewalk, Little Deer Creek Drainage, and Parking Improvements at the
Stonehouse and Adjacent City Right-of-Way; and Authorizing the City Manager to Make Minor Changes to Milestone
Payments as May be Needed to Accomplish the Project Without Changing the Total Amount Payable by the City.

From: Sean Grayson, City Manager
Date: February 22, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the amendment and authorize the City Manager to execute any related documents.

ISSUE STATEMENT AND DISCUSSION:

On May 10, 2023, the City Council approved a Public Improvement Agreement between the City of Nevada City and Jonathan Rowe (owner) to provide funding for the sidewalk, Little Deer Creek drainage, and parking improvements at the Stonehouse (107 Sacramento Street) and adjacent City right-of-way. The project began later than anticipated and the owner did not place his obligated funds in escrow meaning the City Manager was not authorized to place the City’s funds in escrow. The owner’s contractor has completed a significant amount of work to date. The project is currently on hold until March as paving materials are not currently available with the next steps being to repave and stripe the parking lot and pedestrian path.

In order to complete the project and for the City to place funds into the project an amendment to the agreement is needed. The original agreement included that the City will pay $171,614 for the costs related to providing a sidewalk and fencing amenity connecting the trail to the existing sidewalk on Boulder Street and the costs related to connection of storm drain infrastructure along the property and project edge at Sacramento Street. The agreement also provides that the City will pay $150,170 toward the project costs as compensation for:
• A fixed easement for pedestrian travel along the newly created sidewalk connecting the trail to the existing Sacramento Street sidewalk.
• The lease of the parking lot and adjoining area for use as a staging area for purposes of the Nevada Street bridge replacement from June 1, 2023, through December 31, 2024, with provisions to ensure access and usability by the business for the duration of the project. • The lease of the parking lot on a non-exclusive basis as City parking from June 1, 2023, through June 1, 2030, with provisions to allow exclusive use applications by the business for events or other activities.

Fundamentally, the new agreement provides for the same activities and public value on the site, for a slightly reduced cost, and payment due at two milestones instead of in phases via escrow. The start date for the parking lot lease also moves from June 1, 2023, to May 1, 2024, under the amendment.

The project was presented to the Planning Commission on October 12, 2024, and the site plan was approved except that the fencing, railing, and lighting on the project were deferrer for future consideration. For this reason the payment toward project costs by the City is based upon milestones:
#1 Completion of all approved project activities except fencing, railing, the pedestrian bridge, and lighting (not part of the City approved project but part of the overall project) in an amount of $271,774. #2 Completion of the project in an amount of $37,835.

Milestone payments will be made to the owner from the City upon confirmation of completion of the work by the City Engineer and certification by the City Manager. Completion of milestone #1 is anticipated in April of 2024 and #2 in July of 2024. The requested action would authorize the City Manager to make any needed changes in the milestone payments without changing the total amount payable by the City.

The additional approvals from the Planning Commission are anticipated to be presented at the March commission meeting. The fence, bridge, and bridge railing are of the design approved for the Nevada Street bridge project and generally supported by the commission for consistency with the Pine Street Bridge design.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is reduction in the total cost to the city of $12,175. The total amount of $321,784 was budgeted for the City’s contribution. The new amount of $309,609 will be reconciled in the fiscal year 2023-2024 midyear budget action.

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:

Public Improvement Agreement Amendment #1
Public Improvement Agreement

FIRST AMENDMENT TO HMIOT PUBLIC IMPROVEMENT DOCUMENTS
THIS FIRST AMENDMENT TO PUBLIC IMPROVEMENT AGREEMENT (the “First Amendment”) is made as of February 28, 2024 by and between the City OF NEVADA CITY, a municipal corporation (“City”), and, Jonathan Rowe (“Owner”).

WITNESSETH:

WHEREAS, the Owner and the City executed that certain Public Improvement Agreement dated as of May 10, 2023 (the “Improvement Agreement”); and WHEREAS, the parties mutually desire, and agree, to modify the Improvement Agreement as set forth in this First Amendment.

NOW, THEREFORE, the parties agree as follows:

1. Public Improvement Agreement Amendments. The Public Improvement Agreement is amended as follows:
(a) Recital D is amended to read: “The City will partially fund this Project and the Improvements for the purpose of 1) acquiring a fixed easement for pedestrian travel along the newly created sidewalk connecting the trail to the existing Boulder Street sidewalk; 2) the lease of the parking lot and adjoining area for use as a staging area for purposes of the Nevada Street bridge replacement from June 1, 2023, through December 31, 2024, with provisions to ensure access and usability by the business for the duration of the project; and 3) the lease of the parking lot on a non-exclusive basis as City parking from May 1, 2024, through April 30, 2031, with provisions to allow exclusive use applications by the business for events or other activities.” (b) Paragraph 3 is amended to read: “Subject to the provisions of §37, below, Owner shall commence the construction and installation of the Improvements within 30 days from the approval of the Approved Plans by City and shall complete said work within 14 months from the date of execution of this Agreement. (c) Paragraphs 5 and 6 are deleted in their entirety.
(d) Paragraph 7 is amended to read as follows:
“7. City shall release progress payments to Property Owner upon approval of the City Engineer subject to the following milestone schedule:
a. The value of work completed as established by invoicing with supporting documentation presented to and approved by the City Engineer at the completion of all of the scope of work except fencing, railing, the Sacramento Street sidewalk, and the pedestrian bridge as indicated items 27, 30, 31, and 33 of appendix A of the agreement not to exceed $271,774.
b. Final payment of City contribution upon project completion not to exceed $37,835.”
(e) Paragraphs 8, 9, 10 and 12 are deleted in their entirety. (f) Paragraph 16 is amended to read as follows:
“City will partially fund the Improvements in the amount of One Hundred Seventy-One Thousand Six Hundred Fourteen Dollars ($171,614) as a direct contribution for City costs on the project as detailed in the description and table attached hereto as Exhibit “A”.”
(g) Paragraph 17 is amended to read as follows:
“ 17. City will provide additional funding, to be used exclusively for the cost of the Improvements, in the amount of One Hundred Fifty Thousand One Hundred SeventyThree Dollars ($137,995) as compensation for the following:
a. A fixed easement for pedestrian travel along the newly created sidewalk connecting the trail to the existing Boulder Street sidewalk. b. The lease of the parking lot and adjoining area for use as a staging area for purposes of the Nevada Street bridge replacement from June 1, 2023, through December 31, 2024, with provisions to ensure access and usability by the business for the duration of the project.
c. The lease of the parking lot on a non-exclusive basis as City parking from May 1, 2024, through April 30, 2031, with provisions to allow exclusive use applications by the business for events or other activities.

2. Ratification. All other terms and conditions stated in the Public Improvement Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, this First Amendment to Public Improvement Agreement has been duly executed by the undersigned as of the date first-above written.

CITY:

By:

Sean Grayson, City Manager
ATTEST:

Gabrielle Christakes, Dep. City Clerk
Approved as to form:
________________________
Dean Pucci,
City Attorney
OWNER:

By:

Jonathan Rowe, Owner

Apex Building Technology Inc.

As Profile Builder
204W. Main St. #118
Grass Valley, CA 95945
Phone: (949) 903-0626
Email: [email protected]
Proposal Date: November, 29, 2021
Owner’s information:

Jonathan Roe
107 Sacramento Street Nevada City, CA 95959
Construction Location: 107 Sacramento Street Nevada City, CA 95959 Scope of Work: Demolition and reconstruction of culvert and parking lot, new access pathway from Pioneer Trail to Broad Street including decorative steel fencing and guard railings. New sidewalk and steel railings at front of Stone house on Sacramento Street.

A. The design and submittal for grading permit from the city.

B. All necessary inspections shall be completed as required by the Local Area Jurisdiction.

C. Architecture drawing fee and engineering is included in this proposal.

1. Neighbors will need to be notified that they will need to park offsite during the operating hours during construction of the project.

2. The walking trail will need to be closed during the duration of the project.

3. A water bypass coffer dam will be built using a 6" electric pump run by a quiet diesel generator that will run 24/7 until a gravity system can be in place. The line will be placed along the southern edge of the project and discharge in the existing tunnel under Sacramento Street.

4. The rock wall around the open drain at the west side of the culvert will be removed.

All vegetation will be removed and hauled off. All concrete chunks will be removed and disposed of.

NOTE: The running sewer line is currently right on top of the existing culvert.

This is a high risk line that will be protected during the operation. There is a plan in place to span the open trench with a beam of sufficient length and strength to support the line. There is no provisions in our plan to replace or move the pipe.

There is no way of changing the separation between the sewer line and the culvert.

5. The asphalt in the parking lot is in poor condition considering existing culvert failure and will require a minimum 10' wide trench that will be in depth from 10' to 13'. Shoring is required and will be utilized. The open trench will be covered with trench plate in certain circumstances.

6. The existing pipes will be removed, smashed on site, off-hauled and disposed.

Material cost for new culvert pipe is included in this proposal.

7. The pipe bedding will be pea gravel placed to conform to the required grade.

Pipe will be installed and pinned with pea gravel. The downstream side of the pipe will be left open to allow the construction of the confluence vault.

8. A cast-in place vault with an open top that connects the downstream section of the pipe to the existing tunnel that runs under Sacramento Street shall be constructed. The open top will exist until the inlet headwall is complete. Once the headwall is complete, a length of HDPE pipe shall be installed through the new culvert, past the lower vault. Then the removal of the water bypass system will take place.

NOTE: In the event there is a storm event, plastic and sand bags will be placed to minimize the potential for erosion.

9. A lid for the vault with a portal for the parking lot drain line to be tied into shall be built. There will be no manhole built into this vault.

10. Once the vault is closed, the new pipe will be covered with pea gravel.

NOTE: 700 tons of pea gravel are estimated for this project. The trench opening will then be backfilled with whatever native dirt is left onsite. There is a large void of material that will require a lot of backfill to be imported — this will be mostly pea gravel to minimize compaction concerns. There is rough estimate provided on the plans. We have calculated the required quantities as close as possible. The top12"-18" will be backfilled with 3/4AB and compacted.

11. Grade will be made relatively flat between the stone house and exterior edge of culvert and Asphalt will be laid 4” in this area and 2” as overlay in the rest of parking area. Existing area cracked and alligatored shall be fiber reinforced prior to overlay of asphalt. We expect to cut a wider section of asphalt out than actual cut will be. The width of the new asphalt will range between 14'- 20'.

12. 2 loads of rip rap have been accounted for. It is estimated that existing rip-wrap will be reused in part as well as boulders that are currently in the water way.

13. A bridge deck shall be installed over the exposed portion of the creek at the culvert head area and shall be incorporated into the Head and Wing wall construction of the culvert. Barrier railings shall be installed and pedestrian walkway shall be created along 6’ at the deck edge and shall transition from Pioneer trail to Broad along the property line.

14. The walkway nearest Broad Street will be constructed with a new apron access point cut through the existing stone wall and the pathway from pioneer trail to Broad street. it shall be newly surfaced with asphalt. A steel fencing shall be newly constructed as barrier to the pedestrian walkway and parking lot and new 8’ access gate shall be built to provide access from parking to trail head.

15. The walkway shall penetrate the rock wall both at pioneer trail and at Broad Street. and the entrance to Pioneer trail shall be expanded to 8’ per City request.

At Broad street the pedestrian walkway will be transitioned via new apron and rock wall to be finished where removed.

16. New steel arbor entrances shall be built at the head and tail of the pedestrian walkway and historical monument installed at trail head entrance.

17. Rock wall to be reconstructed where necessary.

18. Barricade railings to be constructed per plan along bridge deck overlooking creek.

19. Expansion of side walk in front of building at Sacramento St. including barricade railings to be installed. Sidewalk to have high curb cut away from existing street and to be formed adjacent to existing utility boxes. Utility boxes to be relocated and reset by others to sidewalk level prior to pour.

20. Parking shall be surfaced and stripe per the plans.

Project Notes:
a. Note: Robinson Enterprises shall perform the demolition, excavation placing of culvert and back fill. NorCal construction shall perform the forming and pouring of headwalls and vault.
b. Note: Any costs associated to weather events are extras and shall be assessed as work change orders at time of event. Contractor cannot be responsible for weather events and owner understands that there are certain risks involved with performing the work during potential seasonal events.

1. Start and completion dates
a. The start date is projected 1-2 weeks after the deposit is obtained.

Contractor failure to commence work, without lawful excuse within 20 days from the specified date above is a violation of the Contractor’s License Law. Construction start and completion date may vary due to, but not limited to weather, permits and unforeseen act of God events. b. The Contractor shall complete the project within 180 working days from the project start date.

Cost Breakout:

Design and engineering 18877
Sawcut and pot hole 2520
Set up signage and job barricades, prepare shoring - screw boards to plywood, drill holes, add rope 2520
Set up diversion pump system and operate continuously incl. removal 14520 Haul in/out excavation equip. 1500
Removal of existing concrete and demolition waste 8400
Remove asphalt remove existing inlet blocks and beams 5600 Excavate dirt, set it on the backside, set rocks on the operations side, haul away brush to airport, remove culvert, smash culvert, haul culvert to Bigleys, Dam outlet to prevent debris from falling down drainage, strap flexible pipe to wall, set trench plate, haul away 28130 Support sewer line with beam and ropes 900
Install shoring - full length 13000
Install pea gravel bed - find slope - work the ground by hand, seal off the end wall areas with 3/4" AB - get inspected by the city 32300
Pipe including banding 58,200
Remove shoring timbers for each section of pipe to be laid - 3 sections each, lay the pipe, reinstall the timbers above the pipe -4 timbers per section, suspend the shoring with excavators, remove next section of shoring timbers, install band, install next pipe, secure band, install shoring timbers with ropes out of the hole, continue to the end. Backfill center of the project with pea gravel 8600
Concrete crew forms inlet end wall, floor and wing walls and pours concrete - cast in place vault on downstream side - needs time to cure before backfilling and compaction - install drain pipe into lower wall - vented and screened. 102883 Concrete crew places beam and pan decking and forms deck including cast in place for barrier railings $43,200
Tie new smaller pipe into surface drainage vault on north side of open DI 3240 Install 18" or 24" drainage through the new culvert system and removes the bypass system 3240
Backfill with pea gravel to top of pipe, remove shoring 13100 Backfill and level sub-grade to flat with 3/4" AB, raise surface drain to new level and bury utilities in sand and compact 18600
Resurface with 4" asphalt on new grade and 2" overlay on existing 55000 Patch and seal where existing parking lot is cracked and "Alligatored" and prime with fiber prior to resurface 6000
Rip-rap installation 9300
Concrete crew forms apron/curb for walkway and rock wall detail and railing and fence bases cast in pours 12200
Rock wall rebuild and tie in construction 15600
Welded Railing at decking and fence barrier adjacent parking including pedestrian walkway. From Pioneer trail to Broad 36400
New asphalt surface to pedestrian pathway from Pioneer trail to broad St. 12200 Demob. Clean up and paint lines in parking lot. 4200
Demo existing sidewalk at Stonehouse entry, cut away street and existing curb including haul off 5500
Form and pour sidewalk and set cast in place railing base mounts includes footer and stem wall 14300
Relocate elevations of utility boxes and reset utilities Others Construct Welded railings at street protecting sidewalk entry of Stonehouse 9600 559630
15% including overhead and profit
643574.
5 Total Job Cost is: $643,575

1. for the above scope of work and based on the approved drawings(as provided and further attached in this Bid Proposal).

2. Payment at start up shall be due in the amount of 25% of total job cost. With phase amounts due as follows:

1. 25% on start up. {$141,459 ($141,200-$1000
deposit.)}

2. 25% due at inspection of pea gravel prior to
setting pipe. ($141,459)

3. 25% after back fill ($141,459)

4. 25% at completion($141,458)

3. A deposit of $1,000shall be due at contract execution. . You have the right to cancel the contract under sub-section M herein below however, if canceled outside of the terms herein the $1000 deposit will be forfeit.

4. General Terms and Condition of Sale:

Our business relationships with our customers are based on our General Terms and Conditions of Sale, as defined below:

A. Profile Builder/Apex Building Technology Inc. to provide a "turnkey" system, which includes all applicable standard hardware, materials, supplies & services, required to complete “scope of work”. Sections 1-7, and provide a fully operational system when applicable.

B. Compliance to Building Codes: All work shall be completed in a workmanship manner and in compliance with all building code & laws.

C. License Status: Contractors are required by law to be licensed and regulated by the Contractor’s State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act, or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, at P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

STATE LAW REQUIRES: ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTOR`S STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING--IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LAWS DESIGNED TO PROTECT THE PUBLIC REGULATE LICENSED CONTRACTORS. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS` STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT. YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS OR HER EMPLOYEES. YOU MAY CONTACT THE CONTRACTOR`S STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS

COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGEMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION.

D. Use of Subcontractors: Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor is in all instances, responsible for the proper completion of this Contract.

E. Mechanic’s Lien Law: In compliance with the contractors` license, section 7018, (B&P Code, Div. 3, Chap 9), this is to inform you that under the Mechanics` Lien Law (California Code of Civil Procedure, Section 1181 et seq.) any contractor, sub-contractor, laborer, supplier, or other person who helps to improve your property, but is not paid for his work supplies, has the right to enforce a claim against your property. This means that after a court hearing, a court officer could sell your property and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the sub-contractor, laborer, or supplier, remains unpaid.

F. Change Order (Mid-Performance Amendments): The contractor and Customer recognize that Contractor’s original cost and time estimates may prove too low due to unforeseen events, or to factors unknown to the Contractor when the contract was made; Customer may desire a mid-job change in the specifications that would add time and cost to the specified work which may possibly inconvenience the Contractor; or Other provisions of the contract may be difficult to carry out because of unforeseen events, such as a materials shortage or a labor strike. If these or other events beyond the control of the parties require reasonable adjustments to this contract, the parties shall make a good faith attempt to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties and added to this contract. Failure to reach agreement shall be deemed a dispute to be resolved as agreed herein.

G. Liability Waiver: Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. And carry Commercial General Liability Insurance up to $1,000,000 per incident, and $2,000,000 aggregate.

H. Warranty: Upon completion of the system, the Company shall issue to the customer a One (1) year workmanship (labor) warranty that begins on substantial completion of project.

Workmanship: Company warrants that the Customer’s product will be designed, engineered, and constructed to meet the requirements of this Agreement and is free of major defects in accordance with all manufacturer specifications. Company will cover any repair or damage as result of poor workmanship at no cost to the customer that shall be in accordance to manufacturer’s requirement.

I. The Customer will carry fire, tornado and other necessary insurances. Major equipment as supplied by third-party (is) manufacturer(s) shall be warranted in accordance that manufacturer’s warranty. Contractor will not be liable for any direct, indirect or consequential damages, losses, costs or expenses however arising in contract or tort, including without restriction any economic losses of any kind, any loss or damage to property, any personal injury, any damage or injury arising from or as a result of misuse or abuse, or the incorrect operation of the equipment or product.

J. Dispute Resolution: All disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. Attorney Fees: In the event there is any litigation or arbitration arising out of this agreement, then the prevailing party shall be entitled to its reasonable fees and cost.

K. Force Majeure: Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. Any starting or completion dates stated by Contractor shall be subject to clarification of all technical details. Moreover, Contractor’s obligation to meet any deadlines shall be based on the punctual and proper fulfillment of the customer’s obligations. In the event of strikes, lockouts, Force Majeure, delayed shipments by suppliers or subcontractors or other causes hindering punctual Completion for reasons that Contractor is not accountable for, Contractor shall be entitled to extend the Completion date(s) by a reasonable amount of time.

L. Materials: All materials will be new, in compliance with all applicable laws and codes, & will be covered by a Manufacturer’s warranty.

M. Right of Cancellation: The Customer may cancel any time prior to midnight of the 3rd business day after the date the contract was signed, without penalty or forfeiture of any fees. This proposal may be withdrawn if not accepted within 30 days.

Parties hereto make their signatures in acceptance and agreement:

Customer Signature: ____________________
Printed Name Jonathan Roe
Date: __________
Apex Building Technology Inc.

By: ____________________
Greg Nickel
Its: President
Date: ___________

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 08
Subject: Consideration of an Asset Loan Agreement Between the City of Nevada City and Ken Baker and Gary Tintle, the Owners of the Alpha Building at 210 Broad Street in Nevada City, California for the Temporary Placement of a City Owned Fire Wagon and Fire Hose Cart at the Site.

From: Sean Grayson, City Manager
Date: February 22, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the asset loan agreement.

ISSUE STATEMENT AND DISCUSSION:

The City has a carriage house within Pioneer Park that houses several non-motorized vehicles including sleighs, carriages, carts, and wagons. Most of the vehicles are owned or under the stewardship of the Nevada County Historical Commission but placed in the carriage house. These vehicles are not highly visible within the carriage house and the carriage house is the least visited/used amenity within the park. In December of 2023 the Historical Society provided permission for the transport and relocation of a carriage and a sleigh that they own from the carriage house to the Alpha Building at 210 Broad Street. The relocation involves an agreement between the Historical Society and the owners of the Alpha Building, Ken Baker and Gary Tintle. The two vehicles are on prominent display behind the glass along the Broad Street frontage.

Local resident and business owner Richard Thomas brought forward the idea of the carriage and sleigh placement and has requested that a similar placement be made for the historic fire wagon and hose cart owned by the City that are currently in the carriage house. The asset loan agreement included in this action provides the ability for the City to allow the requested placement. The City’s primary insurance for assets comes through the City’s membership with the California Intergovernmental Risk Authority (CIRA). The wagon and cart will be listed and insured as city assets while on loan for placement at the Alpha Building.

There is no cost and no requirement of additional insurance by the owners for engaging in the agreement.

The Nevada City Chamber of Commerce (Chamber) has agreed to serve as the liaison to the placement.

The Chamber is not party the agreement but will assist the city and the building owners as the Chamber has ongoing use of the space for various events and activities. Once the agreement is approved Public Works staff will coordinate the movement and placement of the wagon and cart with the owners and the Chamber.

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:

Asset Loan Agreement

AGREEMENT FOR THE EXHIBITION OF HISTORIC CITY PROPERTY
This Agreement For The Exhibition Of Historic City Property (the “Agreement”) is made and entered into as of February 29, 2024, (the “Effective Date”) by and between the CITY OF NEVADA CITY, a California municipal corporation (the “City”), and Ken Baker & Gary Tintle (the “Exhibitor”) (individually, a “Party” and, collectively, the “Parties”).

1. PURPOSE

1.1 The Exhibitor grants a license to the City, and the City accepts the license from the Exhibitor, for the purpose of displaying on Exhibitor’s property an antique display of a nonmotorized fire-wagon and hose cart (“Exhibit”). The City represents and warrants that it holds all rights, title and interests therein or otherwise possesses the right of ownership and control therein.

All items to be displayed shall be listed and described in Exhibit “A” attached to this Agreement.

This Agreement does not constitute an agreement for the purchase of the Exhibit.

2. EXHIBITION SITE

2.1 The exhibition site for the Exhibit will be located at Exhibitor’s property located at 210 Broad Street, Nevada City, California 95959 (the “Site”).

3. TERM

3.1 The term of the exhibition permitted under this Agreement will commence upon [INSERT COMMENCEMENT DATE], and will continue until the earlier of the date on which notice of termination of this Agreement is given by a Party or [INSERT TERMINATION DATE]. The preceding sentence notwithstanding, the City shall remove the Exhibit from the Site within thirty (30) days of the date on which this Agreement expires or earlier terminates. Either party may earlier terminate this Agreement and thereby remove the Exhibit from the Site within the thirty-day period.

4. IDENTIFICATION PLAQUE AND SIGNAGE

4.1 The Exhibitor may or may cause, at its sole discretion, the design, fabrication, and installation of plaques or other appropriate signage related to the Exhibit. The plaques or other appropriate signage shall be at the sole cost and expense of the Exhibitor and is subject to approval of the City prior to installation, which approval shall not be unreasonably withheld, conditioned, or delayed.

5. INSTALLATION AND REMOVAL

5.1 The City, at its sole cost and expense, will be responsible for the transportation and delivery of the Exhibit to and from the Site and also will undertake the installation and subsequent removal of the Exhibit.
2 5.2 The Exhibitor will obtain City’s written approval of the date and time of installation and the subsequent removal of the Exhibit.

5.3 The Exhibitor shall not construct, install, or make any structural or material changes to the Site or Exhibit without prior written approval of the City, which approval is at the City’s sole and absolute discretion. The City will have the right, but not the obligation, to supervise and/or assist in the installation and subsequent removal of the Exhibit.

5.4 Exhibitor shall be responsible for all necessary modifications and repairs to the Site associated with the display of the Exhibit.

6. MAINTENANCE AND REPAIRS

6.1 The City, at its sole cost and expense, will maintain and repair the Exhibit and the during the term of this Agreement. The Exhibitor will not seek any reimbursement or other payment from the City for incurring maintenance and/or repair costs and expenses related to the Exhibit.

6.2 The Exhibitor, at its sole cost and expense, will maintain the Site. The City will not seek any reimbursement or other payment from the Exhibitor for incurring Site maintenance costs.

6.3 In the event the Exhibit is damaged or defaced or otherwise experiences extraordinary wear and tear, whether due to vandalism, force majeure, exposure to the elements, or otherwise, the City will within four (4) weeks of receipt of written notice from the Exhibitor make, or cause to be made, the necessary maintenance and/or repairs to the Exhibit. If that time period is insufficient in order for the City to complete the reasonably necessary maintenance and/or repairs, then the Exhibitor will perform or make, or cause the performance or making of, the maintenance work and/or repairs within a reasonable time period as the Parties may agree to, in writing.

6.4 If any damage to the Exhibit will render the Exhibit and/or the Base unsafe and otherwise hazardous to the public health, safety and welfare, then either the City will restore the Exhibit to a safe condition, as determined by the City, acting in its sole discretion, within two (2) weeks of receipt of the Exhibitor’s determination, in writing, or will remove or cause the removal of the Exhibit in accordance with Section 5 of this Agreement.

7. REMOVAL BY EXHIBITOR

7.1 If the City does not remove or cause the removal of the Exhibit as set forth in this Agreement, then the Exhibit may be removed by the Exhibitor in accordance with the terms and conditions of this Agreement or otherwise in accordance with California law.

8. RISK OF LOSS AND INSURANCE

8.1 The City, at its sole cost and expense, will bear the risk of loss or damage to the Exhibit. The Exhibitor will not be responsible or otherwise financially liable for any accident, theft, vandalism or damage to the Exhibit from any cause. 3 8.2 The City, at its sole cost and expense, shall obtain and maintain Commercial General Liability insurance coverage with pertaining to the Exhibit for the duration of the Exhibition with limits not less than $1,000,000 per occurrence and Workers Compensation insurance as required by California law and Employer’s Liability insurance with limits not less than $1,000,000 throughout the duration of the Exhibit.

8.3 The Exhibitor will not provide, or be required to provide, any reimbursement or other payment to the City for procuring this insurance coverage.

8.4 The City acknowledges and hereby releases, waives, discharges and relinquishes any action or cause of action or right to any claim for bodily injury, personal injury, property damage or wrongful death against the Exhibitor, which may arise from its use of the Site.

9. HOLD HARMLESS AND INDEMNITY PROVISION

9.1 The Exhibitor shall hold harmless, indemnify and defend the City from any and all damages, costs or expenses, at law or in equity, that may at any time arise or be asserted due to injury to property or injury to person (including death) caused or occasioned by any willful or negligent act or omission arising from Exhibitor’s performance of this Agreement. The City shall hold harmless, indemnify and defend the Exhibitor from any and all damages, costs or expenses, at law or in equity, that may at any time arise or be asserted due to injury to property or injury to person (including death) caused or occasioned by any willful or negligent act or omission arising from City’s performance of this Agreement.

10. RESERVATION OF RIGHTS

10.1 Notwithstanding any other provision of this Agreement, if the City is unable or unwilling to make, or to continue to make, the Exhibit available, due to budgetary constraints, action of the City Council, insufficient and other unavailable staffing, force majeure or for any other reason, or no reason at all, then the Exhibitor and his or her agents, representatives, heir, successors and assigns will not have any right to file an action or make a claim against the City as a result of such action or inaction.

11. NOTICE

11.1 Unless otherwise provided herein, all notices required hereunder shall be given by United States registered or certified mail, or other form of mail which offers proof of mailing, postage prepaid and addressed to the Party at the addresses below:

IF TO CITY: City of Nevada City
317 W. Broad Street
Nevada City, CA 95959
Attn: City Clerk
IF TO EXHIBITOR: [INSERT EXHIBITOR’S CONTACT INFO]
4 12. MISCELLANEOUS

12.1 This Agreement shall be governed by and interpreted in accordance with California law. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in Nevada County, California. Should any legal action be initiated by a Party for breach of this Agreement, or to enforce any provision of this Agreement, the prevailing party shall be entitled to receive reasonable attorney’s fees, court costs, and other suchcosts as may be awarded by the court. This Agreement may be executed in one of more counterparts, which shall together constitute one and the same Agreement. This Agreement constitutes the entire understanding and agreement of the Parties relating to the Exhibit and the Base and the rights and obligations of the Parties arising in relation to such items. This Agreement supersedes any prior written or oral communication between the Parties relating to the Exhibit and the Base. This Agreement may be amended, in writing, and signed by the Parties.

IN WITNESS WHEREOF, the Parties have duly signed this Agreement as of the Effective Date.

CITY OF NEVADA CITY
_____________________________ Date: ___________________ Sean Grayson
City Manager

EXHIBITOR
_____________________________ Date: ___________________ Ken Baker, Owner
_____________________________ Date: ___________________ Gary Tintle, Owner

APPROVAL AS TO FORM
_________________________
Dean J. Pucci, City Attorney
5 EXHIBIT A

INVENTORY AND DESCRIPTION OF EXHIBIT

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 09
Subject: Consideration of Adoption of a City Volunteer Policy.

From: Sean Grayson, City Manager
Date: February 22, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the policy.

ISSUE STATEMENT AND DISCUSSION:

There are three current needs for department level community volunteer activities. The City adopted Resolution 2009-11 on March 11, 2009, which provides Worker’s Compensation coverage to approved City volunteers. The City adopted a volunteer policy in 2017, however the policy was not implemented and lacks some contemporary requirements related to employee policies. The attached policy serves as an umbrella policy allowing the City Manager to approved department level or citywide volunteer activities as needed. Depending upon the type of volunteer activity different requirements may apply. The policy retains the ability for the city to allow individual to participate in one-time volunteer activities such as cleanup events without the process of applying for a recurring volunteer position.

The three current volunteer activity needs are:

Event Volunteer
This position would assist the Police Department in a variety of non-law enforcement activities at approved special events.

History Docent Volunteer
This position would assist Parks and Recreation in providing opportunities for the public to view and/or experience the City’s historical assets. The initial implementation of this will be for volunteers to providing viewing opportunities for the public at the historic Firehouse No. 2.

Volunteer Defensible Space Educator
This position would assist the Office of Emergency Service in providing voluntary inspection of properties and education related to compliance with the City’s defensible space and vegetation management ordinance as well as sharing information on opportunities to make Nevada City Safer from Wildfire. Those applying for this position will be required to complete a live-scan background check.

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:

City Volunteer Policy (2024)
City Volunteer Policy Page 1 of 10 Administrative Policy February 28, 2024

CITY OF NEVADA CITY

CITY VOLUNTEER POLICY
Draft
February 28, 2024
City Volunteer Policy Page 2 of 10 Administrative Policy February 28, 2024

TABLE OF CONTENTS
A. Purpose 3
B. Scope 3
C. Definitions 4

1. Community Service Participants 4

2. Minors 4

3. Trainees 4

4. Volunteers 4

5. Youth Program Volunteers 5
D. Citywide Volunteer Procedures 5

1. Short-Duration Events 5

2. Recruitment 5

3. Application Form 5

4. Interviews 6

5. Reference Checks 6

6. Criminal/Background Checks 6

7. Non-Disclosure Agreement (NDA) 6

8. Tuberculosis (TB) Test 6

9. Orientation and Training 7

10.Assignment Description 7

11.Supervision of the Volunteer 7

12.Scheduling 7

13.Attendance 7

14.Dismissal 8
E. Citywide Volunteer Policies 8

1. Data Protection 8

2. Computer Use 8

3. Telephone Use 8

4. Emergency Procedures 8
F. Citywide Conduct Policies 9

1. Conduct 9

2. Equal Employment Opportunity 9

3. Motor Vehicle Use 9

4. Safety 9

5. Political Activity 10

6. Harassment 10

7. Sexual Harassment 10

8. Workplace Violence 10

9. Alcohol and Illegal Drugs 10

10.Smoking 10

11.Workers’ Compensation 10
City Volunteer Policy Page 3 of 10 Administrative Policy February 28, 2024
A. Purpose
The City Council believes that volunteers are a key resource in the achievement of the City’s vision of building a stronger, sustainable, and healthy community for future generations. Volunteers contribute to the social, economic, environmental, and cultural well‐being of the City by:

1. Strengthening community cohesion, social wellbeing, and trust;

2. Expanding the ability of the City to respond to the needs of its citizens and provide a range of services and activities;

3. Engaging the community in protecting local resources, improving the physical environment, and support for environmental issues;

4. Encouraging understanding of, and acceptance of, diversity within our population;

5. Demonstrating that one person can make a difference.

Sound policies, procedures, and processes are necessary to support volunteering along with protecting the safety and welfare of all concerned. Accordingly, the purpose of the City of Nevada City Volunteer Policy is:

1. To establish an administrative policy and procedures for promoting volunteerism and connecting volunteers with various service opportunities within the City of Nevada City;

2. To recognize and promote the substantial and ongoing contribution made by volunteers to the quality of life of our citizens;

3. To help effectively engage volunteers to meet the City’s mission, vision, and values;

4. As part of the City’s commitment to volunteerism, this policy document establishes the expectations for a productive partnership.

B. Scope

1. The volunteer policy applies to all City Departments;

2. The City Manager must approve any volunteer activity or department level volunteer program;

3. The volunteer policy is effective immediately upon adoption by the City Council;

4. Existing department policies and procedures involving volunteers may City Volunteer Policy Page 4 of 10 Administrative Policy February 28, 2024
augment, but are not a substitute for, this volunteer policy.

C. Definitions

1. Community Service Participants – Persons that are seeking to participate in City supervised activities for the purpose of satisfying community service hour requirements imposed by a court or school.

2. Minors – A person under 18 years of age.

3. Trainees – A person participating in City‐supervised activities that substantially meet the following requirements:
a) The purpose of the participation is training;
b) The training is for the benefit of the trainee;
c) The trainee does not displace a regular City employee; d) The City derives no immediate advantage from the activities of the trainee;
e) The trainee is not entitled to a job following completion of the training period;
f) The trainee understands that he/she is not entitled to wages for the time spent in training.

4. Volunteers – Persons volunteering time and services without any present or future expectation of remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses. (See California Labor Code Section 3363.5). This is not an employment relationship and the volunteer is under no obligation to provide time or duties of resources, other than what he or she chooses to freely provide. City volunteers must be officially accepted and enrolled by the City of Nevada City prior to undertaking any volunteer task.
a) City volunteers include, but are not limited, to:
1) Volunteers who serve on committees or groups that are a part of ongoing City‐sponsored services and programs at City venues;
2) Volunteers who serve under the auspices of a City
Department;
City Volunteer Policy Page 5 of 10 Administrative Policy February 28, 2024
b) Exceptions:
1) Members of City Council appointed Commissions, such as the Planning Commission and other applicable Commissions;
2) Members of not‐for‐profit and/or community based and faith‐ based organizations delivering services within the community under the auspices of their organizations;
3) Community Service Participants;
4) Trainees.

5. Youth Program Volunteers – Anyone who is likely to have access to minors and includes mentors, coaches, recreation leaders, instructors, teachers, teacher aides, helpers, or persons engaged in any capacity, which would allow them to have control or supervision over minors.

D. Citywide Volunteer Procedures
The following Citywide Volunteer Procedures are recommended guidelines for all volunteers and can be supplemented with additional departmental procedures.

1. Short-Duration Events
Volunteers who wish to participate in short duration events (e.g. a clean-up day) only need to complete the appropriate forms related to that event and are not subject to the steps below (items D.2 – D.14) which pertain to those volunteering for a continuing program.

2. Recruitment
Volunteers will be sought on a proactive basis, with the intent of broadening and expanding the volunteer involvement of the community. They will be utilized for specific functions or needs within city programs and services.

The recruitment process is executed without regard to race, color, national origin, gender, age, marital status, sexual orientation, and/or disability.

3. Application Form
An application form is a screening tool that each potential volunteer must complete. Some departments may have an application form specific to the unique requirements of a volunteer position; however, a universal volunteer application form must be completed and kept on file in the Finance and Administration Department.

All volunteers under the age of 18 must have written parental consent.

Volunteers between 14 and 18 years of age must have their parent or legal guardian complete and sign the parental information section of the application form before a minor can participate in a City volunteer program.

City Volunteer Policy Page 6 of 10 Administrative Policy February 28, 2024

4. Interviews
The purpose of an interview is to determine any additional skills or experiences that may help in the proper placement of the volunteer.

Interviews may be conducted either in person or by other means, i.e. telephone interviews or Zoom/Teams interviews. Questions that volunteers may have about the assignment can be answered at this time. For some positions, depending on the level of risk, more than one interview may be required.

In considering staff for any volunteer position, note that the Federal Labor Standards Act (FLSA) prohibits employees from volunteering to do the same activities that they are normally paid to perform. Staff may, free of coercion, volunteer to carry out activities not significantly related to their paid positions and may do so only outside of their usual paid hours.

5. Reference Checks
Volunteers may be required to provide personal references upon request, with the expectation that references may be used to help determine the suitability of an applicant for the position. For any volunteer who will be interacting with minors, references must be checked.

6. Criminal/Background Checks
Volunteers may be required to submit to a background and fingerprint check and the required training for placement in some positions. This includes but is not limited to the Police, Fire, and Parks and Recreation Departments.

Volunteers who do not agree to the required checks may be refused assignment. By law, potential volunteers, who are interacting unsupervised with children, must be fingerprinted.

7. Non-Disclosure Agreement (NDA)
The City of Nevada City collects and maintains private and confidential information while carrying out its functions and operations. Volunteers are responsible for maintaining the confidentiality of information they are exposed to while serving as volunteers, whether this information involves staff, volunteers, other persons, or involves city business. Volunteers may be required to sign a Non-Disclosure Agreement (NDA) found in the Finance and Administration Department.

8. Tuberculosis (TB) Testing
As determined by the City’s Administrative Services Manager, some volunteer positions may be required to meet the same health requirement under California Public Resources Code 5163, which requires that City and County recreational employees in a position requiring contact with children, or food service, to have on file with the City or County a certificate showing that within the past two years the person has been examined and has been found to be free of communicable tuberculosis. For persons with a positive TB skin test reading, a physician’s medical clearance must be City Volunteer Policy Page 7 of 10 Administrative Policy February 28, 2024
obtained prior to services being provided as specified above.

9. Orientation and Training
Once volunteers have been selected for their volunteer assignment, they will participate in an orientation session designed to inform volunteers about the City and Department, its policies, procedures, programs, and safety regulations. This is designed to assist the volunteer in adjusting to their new role. The volunteer will also be provided with specific assignment training and on-the-job training by supervising staff.

10.Assignment Description
Volunteers will have a clearly defined description of duties and responsibilities of the assignment. Descriptions should include a purpose of the assignment, a title, supervisor, a listing of responsibilities and qualifications, any training requirement, and any time commitment needed.

One-time special event volunteers will receive on-the-job training and a clear description of their role at the function.

11.Supervision of the Volunteer
Supervision, including regular contact with participants or one‐on‐one interaction on a continual basis, is essential for guiding volunteers and to ensure success in their performance. Each volunteer will have an on‐site contact and is expected to follow the procedures and instructions by their staff supervisor. The assignment description identifies a supervisor and related job duties. The supervisor will be responsible for day‐to‐day management and guidance. The supervisor will provide periodic feedback and encouragement. The supervisor is the first in the chain of command for any questions about assignments, scheduling, injury and accident reporting, and conflict resolution.

12.Scheduling
Scheduling aims to achieve the best possible match between the volunteer and the volunteering assignment needs. Volunteers should work with their supervisor to set a schedule that is mutually acceptable. If a volunteer cannot make it to their assignment, the volunteer will notify their supervisor as soon as possible. The City has the right to alter a volunteer’s schedule at any time.

13.Attendance
Volunteers are expected to report on time to their assignments. In the event that a volunteer will be late, is ill, or unable to work, they must contact their supervisor in advance. Failure to do so may end the volunteer assignment.

Volunteers are expected to officially sign in and out with staff upon arrival and departure, so that accurate time may be recorded.

City Volunteer Policy Page 8 of 10 Administrative Policy February 28, 2024

14.Dismissal
Volunteers who do not follow the rules, regulations, and policies set forth by the City of Nevada City or fail to perform their assignments satisfactorily may be released from their volunteer assignment at any time and for any reason not prohibited by law. The City of Nevada City reserves the right to request that a volunteer leave immediately if the circumstances call for such action.

E. Citywide Volunteer Policies

1. Data Protection
Access rights to the City’s information technology systems and resources, including the accessing of internet and email, may be provided in order to perform volunteer assignments associated to the City. All who use City computers cannot assume any right to privacy in such use. If a volunteer assignment requires the use of information technology, its use must be in compliance with all City policies, including but not limited to, prohibiting the use of unauthorized copies of software on City computers; prohibiting the installation of software on City computers that was not purchased through appropriate City policies; and understanding that all computers, software and computer information are City property.

2. Computer Use
Notify the Administrative Services Manager if you have a volunteer who requires computer network access for their assignment. The Administrative Services Manager will approve and send a volunteer onboarding request to IT. Volunteers need to sign three forms: City Volunteer Participation Agreement, City Computer System Usage Policy, and City Non-Disclosure Agreement. These forms are available from the Administrative Services Manager in the Finance and Administration Department.

3. Telephone Use
Telephones are to be used only for City business. Long distance calls for personal use are prohibited. Flexibility may be provided in circumstances demanding immediate attention.

4. Emergency Procedures
Emergency exits in all City buildings should be identified as part of the Volunteer Orientation. In the event of an emergency, volunteers should immediately report to their staff supervisor or other City staff member and follow their instructions. The emergency number for outside Police, Fire, or medical services is 9-1-1.

City Volunteer Policy Page 9 of 10 Administrative Policy February 28, 2024
F. Citywide Conduct Policies

1. Conduct
Volunteers will treat staff, fellow volunteers, and customers with respect.

Volunteers are encouraged to work to settle problems or issues by contacting their supervisor. If they feel unsatisfied with the results, then they should notify the Administrative Services Manager who will attempt to work with all parties to solve any problems and issues.

2. Equal Employment Opportunity
The City is committed to providing equal opportunity for all volunteers. The City’s policy is to provide a safe and inviting work environment for all, free from discrimination and harassment. The City will attempt to make reasonable accommodations for all volunteers with disabilities. Please contact the Administrative Service Manager or the staff supervisor to discuss these arrangements beforehand.

3. Motor Vehicle Use
City vehicles are intended for use in the course and scope of City activity.

Some volunteers may need vehicles to perform their volunteer duties. No volunteer shall drive any vehicle in the performance of their duties as a volunteer without prior, written approval by the Department Head of the department for whom they are assigned. Before authorizing a volunteer to drive, the Department Head shall verify the volunteer is properly licensed and has supplied proof of insurance.
a) All drivers need to be aware that they are representing the City and will drive in compliance with all traffic laws, including but not limited to, the prohibition of using a cellular phone and/or texting. b) Vehicles will be locked when not in use or view of the driver. c) Any traffic citation or accident will be immediately reported to the supervisor or Administrative Services Manager.
d) Seat belts must be worn by all drivers and at all times while in the vehicle.

4. Safety
Safety is of primary importance in every aspect of volunteer activities.

Volunteers are expected to obey safety rules, follow safe work practices and procedures, and exercise caution in all activities. Volunteers must immediately report any injury, unsafe conditions and any equipment or situation that may pose a safety hazard immediately to their supervisor.

City Volunteer Policy Page 10 of 10 Administrative Policy February 28, 2024

5. Political Activity
All volunteer activities will be free from political affiliations, i.e. no volunteer shall solicit money, influence, service, or any other thing of value; no volunteer shall promote or oppose any political committee, nomination or candidate, nor gather signatures.

6. Harassment
All volunteers have a right to work in an environment free from all forms of discrimination, coercive or disruptive activity, and harassment of any kind.

Any form of harassment or discrimination based on, but not limited to race, color, religion, sex, national origin, age, disability, sexual orientation, or any other protected characteristic will not be tolerated. Harassment may also include written or graphic material delivered via email, or displayed on City premises, or circulated around that shows hostility or distaste towards an individual or group on the basis of a protected category.

7. Sexual Harassment
Volunteers will be free from any kind of sexual harassment. If a volunteer feels like they have been sexually harassed please contact the staff supervisor or the Administrative Services Manager right away. Sexual harassment includes but is not limited to unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment is also the use of such conduct for the basis of employment decisions.

8. Workplace Violence
Violence or the threat of violence against or by any volunteer is unacceptable. Volunteers should report any incident of violence to the staff supervisor or the Administrative Services Manager.

9. Alcohol and Illegal Drugs
Alcohol and drug use is prohibited. This includes anyone who brings, possesses, or is suspected of being under the influence of any form of narcotic, drug, or alcohol; or anyone who transfers, sells, or attempts to sell.

10.Smoking
The City of Nevada City prohibits all volunteers and employees from smoking in all public places of employment including, but not limited to offices, public buildings, enclosed parking garages, elevators, restrooms, and City vehicles and machinery. Smoking is also prohibited in City parks, the Nevada City Downtown Historic District, and 20 feet of the entrance or exit to an enclosed public place.

11.Workers’ Compensation
Volunteers are covered for workers’ compensation benefits while performing volunteer services. Injuries or illnesses that are related to volunteer work should be reported to supervisor immediately.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: February 28, 2024 Agenda Item No. 10
Subject: Consideration of a Letter of Opposition to AT&T Applications 23-03-002 and 23-03-003, filed with the
California Public Utilities Commission (CPUC), Authorizing the Mayor to Sign and the City Manager to Transmit the Letter.

From: Sean Grayson, City Manager
Date: February 21, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the letter.

ISSUE STATEMENT AND DISCUSSION:

AT&T has submitted two applications to the California Public Utilities Commission requesting the release of Carrier of Last Resort (COLR) and Eligible Telecommunications Carrier (ETC) designations. These designations provide critical telephone communication services to the residents of Nevada City and the surrounding areas. If these applications are approved by the CPUC, our community would be at a higher risk of experiencing detrimental impacts, including compromised health, safety, and affordable communication services.

AT&T has applied with the CPUC, under applications 23-03-002 and 23-03-003, to withdraw their ETC and COLR designations, respectively. These applications would end critical services throughout our city and county, including reliable access to 9-1-1 services. The attached map from AT&T’s provided GIS presentation shows that the entirety of the City of Nevada City is within the area that AT&T seeks to withdraw from as a COLR.

ETC provides financial assistance to AT&T through the Universal Service Fund, a subsidized low-income and rural resident federal government program, to provide critical telephone services to all customers.

COLR is a legal designation to ensure that “Plain Old Telephone Service,” also known as POTS or landline service, is provided to every resident.

Nevada City, with approximately 3,300 residents, is entirely within the Very High Fire Hazard Severity Zone. The City has experienced three state and one federally declared disasters since 2022. Reliable communication services are critical to residents’ safety. COLR requirements ensure these services remain operational, particularly in areas with low or no cellular coverage. Should AT&T abdicate its COLR responsibilities, the lines of communication between residents and the City would be directly impacted.

The dissemination of critical life-safety information will be compromised. Aside from winter storm and wildfire risk, the City routinely experiences power outages some lasting several days. During these outages cellular communication services become inoperable, which can leave hundreds, if not thousands of residents vulnerable and without necessary communication services.

As the regulator of privately owned public utilities within California, the CPUC has the responsibility of ensuring safe and reliable utility service is provided to all people at reasonable rates, including low-income or rural individuals and households. While a significant majority of telecommunication consumers have transitioned to VoIP or wireless services, POTS remains an essential backbone for emergency service notifications and daily needs. In rural areas with low to no cellular coverage, landline service remains the only reliable source of telecommunications. Communication services provide an essential lifeline; whether it be to receive updates on approaching winter storm events, communicate with family members, or receive timely notifications for evacuation warnings and reverse 9-1-1 messaging. Every City resident will be impacted if AT&T is relieved of their COLR designation. This includes more than 1,000 seniors.

The CPUC has an established network resiliency strategy that requires communication providers equipment have 72-hour back-up power in high-risk areas. Providers are obligated to meet this prioritized requirement.

However, this threshold is rarely achieved, leaving the communication networks overloaded and with significant gaps in coverage during unplanned power outages and emergency events.

The winter storms of January and February of 2023 disrupted power service to all Nevada City residents, and businesses, some for over a week. This is but one example that has amplified the importance of providing secure communication services for public safety. Wireless equipment needs to deliver sufficient long-term reliable coverage during outages and other emergencies; however, in rural areas, this type of equipment fails due to insufficient back-up or becomes overloaded, and a substantial increase in demand hampers the capacity of the remaining network. Moreover, bottlenecked wireless communication services restrict the flow of critical data during emergencies, which can be the difference between effective and failed response times.

Within the city, more than 20% of households are below the Real Cost Measure. A release of AT&T’s ETC designation will result in impactful increases to monthly services. This is especially true for households receiving federal Lifeline, a program that provides financial assistance on phone and broadband service for qualifying low-income households.

The alternatives to landline communications need to be more robust to support a network void of these copper communication lines. Additional investments in dependable and sufficient wireless communication services are necessary before such applications should be granted a relief from their current designations.

This letter of opposition is aligned with but not directly on point of the City’s Adopted 2024 Legislative Platform and therefore requires City Council approval.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is aligned with the City’s Legislative Platform in regards to Infrastructure and Broadband. This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:

Letter of Opposition
CPUC Fact Sheet: Public Participation Hearing
Map of Nevada City Showing Areas of AT&T Request
City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 February 28, 2024
California Public Utilities Commission (CPUC)
Public Advisor’s Office
505 Van Ness Avenue
San Francisco, CA 94102
Subject: Letter of Opposition to AT&T California Applications 23-03-002 and 23-03-003 Dear President Busching Reynolds, and Commissioners Shiroma, Houck, Reynolds, and Douglas:

On behalf of the City Council of the City of Nevada City, I am writing to request that you deny the applications by AT&T California noted above. If these applications are approved by the CPUC, our community would be at a higher risk of experiencing detrimental impacts, including compromised health, safety, and affordable communication services. These applications would end critical services throughout our city, including reliable access to 9-1-1 services. The entirety of the City of Nevada City is within the area that AT&T seeks to withdraw from as a Carrier of Last Resort (COLR).

Nevada City, with approximately 3,300 residents, is entirely within the Very High Fire Hazard Severity Zone. The City has experienced three state and one federally declared disasters since 2022.

Reliable communication services are critical to residents’ safety. COLR requirements ensure these services remain operational, particularly in areas with low or no cellular coverage. Should AT&T abdicate its COLR responsibilities, the lines of communication between residents and the City would be directly impacted. The dissemination of critical life-safety information will be compromised.

While a significant majority of telecommunication consumers have transitioned to VoIP or wireless services, Plain Old Telephone Service (POTS) remains an essential backbone for emergency service notifications and daily needs. In rural areas with low to no cellular coverage, landline service remains the only reliable source of telecommunications.

For all the reasons above, the City Council of the City of Nevada City respectfully yet adamantly implores the CPUC to reject AT&T California’s applications.

Respectfully Submitted,
Daniela Fernández, Mayor
CC:

Hon. Megan Dahle, California State Assembly, 1st District Hon. Brian Dahle, California State Senate, 1st District CPUCFact Sheet

PUBLIC PARTICIPATION HEARING
AT&T’s Applications for Targeted Relief from its Carrier of Last Resort Obligation and Relinquish its Eligible Telecommunications Carrier Designation (A.23-03-003 and A.23-03-002)
AT&T’s application regarding Carrier of Last Resort Obligations (A.23-03-003) In this application, AT&T requests to be relieved of its Carrier of Last Resort (COLR) obligations in certain areas of California. If approved, it would no longer be required to offer landline telephone service where it is currently required to offer Basic Service in those areas. Basic Service includes nine service elements such as Lifeline rates for eligible customers, free access to 9-1-1, Telephone Relay Service, and directory and operator services. More information on Basic Service is available at https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/broadband-mappingprogram/broadband-public-feedback/basic-service-definition.

What is a Carrier of Last Resort (COLR)? A COLR is a telecommunications service provider that stands ready to provide basic telephone service, commonly landline telephone service, to any customer requesting such service within a specified area. At least one telephone company in a specified area is legally required to provide access to telephone service to anyone in its service territory who requests it. This is known as the Carrier of Last Resort (COLR) obligation which ensures that everyone in California has access to safe, reliable, and affordable telephone service. AT&T is the designated COLR in many parts of the state and is the largest COLR in California. Where AT&T is the default landline telephone service provider means that the company must provide traditional landline telephone service to any potential customer in that service territory. AT&T is proposing to withdraw as the COLR in your area without a new carrier being designated as a COLR.

What areas are impacted by AT&T’s request to withdraw as a COLR? Here is the list of census designated places where AT&T is requesting to withdraw as the designated COLR and here is an online version of the map with address lookup.

What might happen if AT&T withdraws as a COLR? An area without a COLR could mean that there would be no landline telephone company serving that area and that there could possibly be no landline telephone access for customers in that area. If AT&T’s proposal were accepted as set forth in its application, then no COLR would be required to provide basic service in your area. This does not necessarily mean that no carriers would, in fact, provide service in your area—only that they would not be required to do so. Other outcomes are possible, such as another carrier besides AT&T volunteering to become the COLR in your area, or the CPUC denying AT&T’s proposal.

AT&T’s application regarding Eligible Telecommunication Carrier Designation (A.23-03-002) On March 3, 2023, AT&T requested to give up its designation as an Eligible Telecommunications Carrier (ETC).

What is an ETC? An ETC is a telephone company operating in a specific geographic area, that receives financial assistance from the federal government-established Universal Service Fund to provide high quality, and affordable telephone service to customers at all income levels in specific geographic areas. One example of a program funded by the Universal Service Fund is federal Lifeline. While funding for this program is provided by the federal government, each state determines a telephone company’s eligibility for ETC designation. In California, a company’s eligibility for these federal funds is determined by the CPUC.

Does an ETC provide California LifeLine? In California, the CPUC also approves and denies applications for state funding for programs to provide universal support, including California LifeLine (California’s program is called LifeLine with a capital “L” for “Line”). The California LifeLine program is separate from the federal Lifeline program. An ETC may be a provider of California LifeLine as well as federal Lifeline, but eligibility to provide California LifeLine is not limited to only ETC providers.

What is AT&T’s request in this application? AT&T is applying to give up its ETC designation, which would allow it to no longer offer federal Lifeline, as well as other federal programs designed to subsidize telecommunications support for low-income individuals and individuals located in remote areas. AT&T’s participation in the California LifeLine program is a separate matter from this application to give up its ETC designation. AT&T asserts that it is not necessary to keep its ETC designation because it no longer receives any federal high-cost support from the federal government to provide universal service. By relinquishing its ETC designation, AT&T will no longer be eligible to receive federal support to provide Lifeline, which could potentially affect all current AT&T Lifeline customers.

What areas are impacted by AT&T’s request to give up its ETC designation? All areas of AT&T’s service territory where it currently holds ETC designation, which is the same as its Carrier of Last Resort (COLR) service territory, could be impacted if the CPUC approves AT&T’s application. Here is a map of the different COLR service territories in California, including AT&T’s: https://www.cpuc.ca.gov/-/media/cpuc-website/divisions/communicationsdivision/documents/high-cost-support-and-surcharges/chcf-a-1/ilec-territories-2023_230412.pdf What are the potential impacts on customers’ bills? For a household receiving federal Lifeline from AT&T, the bill could increase by $5.25 per month for voice-only service, or $9.25 per month for bundled or internet service. In addition to these amounts, a household on Tribal lands receiving federal Lifeline from AT&T could experience an additional $25 per month bill increase.

What is required of AT&T for the CPUC to approve AT&T’s request? AT&T must demonstrate that another ETC provider can provide universal support in the areas where AT&T wishes to surrender its ETC designation.

For more information on Eligible Telecommunications Carrier designation, please visit https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/service-quality-and-etc/eligible-telecommunicationscarrier Public Participation Hearings
The public participation hearings (PPHs) provide an opportunity for the public to communicate directly with the CPUC regarding AT&T applications to remove its obligations under California to provide voice services.

WHEN FORMAT LOCATION
February 6, 2024, 2 p.m. and 6 p.m. In-person only Clovis City Council Chambers 1033 5th Street, Clovis, CA 93612
February 22, 2024, 2 p.m. and 6 p.m. In-person only Mendocino County Board of Supervisors 501 Low Gap Road, Room 1070, Ukiah, CA 95482
March 14, 2024, 2 p.m. and 6 p.m. In-person only Indio City Hall Council Chambers 100 Civic Center Mall, Indio, CA 92201
March 19, 2024, 2 p.m. and 6 p.m. Virtual only 1-800-857-1917 Passcode: 6032788#
www.adminmonitor.com/ca/cpuc
Consistent with the PPHs’ purpose of hearing from members of the public, representatives of parties already involved in this proceeding are not permitted to comment at the PPH. More information at www.cpuc.ca.gov/pph Other Ways to Participate
Subscribe to receive documents in A.23-03-003 and A.23-03-002 at: subscribecpuc.cpuc.ca.gov/fpss/Default.aspx Submit comments electronically to the CPUC using the “Add Public Comment” button on the “Public Comment” tab of the Docket Card for A.23-03-003 at apps.cpuc.ca.gov/c/A2303003 and A.23-03-002 at apps.cpuc.ca.gov/c/A2303002. You can also review other public comments related to this rulemaking. The public may submit multiple public comments throughout the proceeding.

Contact the CPUC’s Public Advisor at:
• Phone: 1-866-849-8390 (toll-free) or 1-415-703-2074
• TTY: 1-866-836-7258 (toll-free) or 1-415-703-5282
• Mail: CPUC Public Advisor’s Office, 505 Van Ness Avenue, San Francisco, CA 94102 • Email: [email protected]
Please reference AT&T’s Applications 23-03-003 and 23-03-002 in any communication with the CPUC.

From: Jalana Smith
To: Public Comment
Subject: Comment for 3/28/24
Date: Monday, February 26, 2024 7:41:26 AM
You don't often get email from [email protected]. Learn why this is important CAUTION: This email is from an external sender. If you are not expecting this email or don't recognize the sender, consider deleting.

Do not click links or open attachments unless you recognize the sender and know the content is safe. If you have more questions search for Cybersecurity Awareness on the County InfoNet.

Dear members of the Nevada City Board of Supervisors,
My name is Jalana Smith and I am a Nevada County Resident.

Thank you for your service to our county and community. I am writing to respectfully urge you to put a ceasefire resolution in support of Palestine immediately on your agenda. This is a local matter and we call on Nevada County to stand on the right side of history.

I know that this is an unusual issue for the board to take a stance on, but we find ourselves in unprecedented times. There is continuously mounting, undeniable evidence that the actions taken by the Israeli government constitute genocide against the Palestinian people. This is supported by the definition of genocide put forth by the UN, the findings of the International Court of Justice, and numerous international aide organizations like Amnesty International, Doctors Without Borders, and many more.

The United States has become increasingly isolated on the world stage–the majority of countries on the United Nations Security Council support the call for a ceasefire, and three times now, the US has vetoed that call. Most recently, on February 20th, the US was the sole opponent of said resolution. Furthermore, the United States’ own Leahy Law, prohibits “ the U.S. Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights (GVHR).”
Billions of taxpayer dollars have been used to give weapons to the Israeli government.

This means that our tax dollars are illegally going to support a genocidal military campaign.

Making matters worse, the federal government has voted to cut funding to the United Nations Relief and Works Agency (UNRWA), one of the main sources of aid for Palestinian civilians suffering from displacement and constant bombardment by Israeli military attacks. The ever-worsening humanitarian crisis in Gaza is being co-signed by our government.

Anti-Muslim, anti-Palestinian, and anti-Semitic acts have been on the rise across America since October 7th. The ongoing violence abroad has made Americans less safe regardless of their ethnic or religious identities.

Our government is participating in this genocidal campaign and therefore, by proxy, all Americans are complicit; this is an issue that affects every single one of us.

Please join the over 70 cities and counties nationwide that have adopted resolutions calling for a ceasefire.

The resolution items are as follows:
● An immediate and sustained ceasefire in occupied Palestine ● An end of U.S. Military aid to Israel
● That all humanitarian aid be let into Gaza,
and a declaration that:
● Our community stands united against genocide!
● Condemnation of Islamophobia, antisemitism, and all acts of hate in our County.

Here is a link to the resolution that was adopted by the city council in Cotati, CA, a community of about 7,500 people: Cotati Resolution
Thank you for your consideration on this important matter.

Sincerely,
Jalana Smith
Sent from Yahoo Mail on Android

Nevada City City CouncilFebruary 28, 2024

Nevada City City Council
February 28, 2024