City of Nevada City
City Council
REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY April 10, 2024 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2) One (1) Matter
WEDNESDAY April 10, 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 but prior to the start of the meeting 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
Proclamation: Arts, Culture & Creativity Month 2024
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 March 27, 2024, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable Activity Report – March 2024
Recommended Action: Receive and file the report
3. Police and Code Enforcement Report March 2024
Recommended Action: Receive and file the report
4. Building Activity Report March 2024
Recommended Action: Receive and file the report
5. Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 3 Grant in an Amount Not-To-Exceed $60,000 from May 1, 2024 through April 30, 2028
Recommended Action: Approve the contract
6. Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 3 Grant in an Amount Not-To-Exceed $80,000 from May 1, 2024, through April 30, 2028.
Recommended Action: Approve the contract
7. Consideration of a Memorandum of Understanding (MOU) Between the County of Nevada and the City of Nevada City Regarding Implementation of SB 1383 Recommended Action: Approve the MOU
8. Consideration of 1) Receipt of Nevada County Transportation Commission’s (NCTC) Draft FY 2024/25 Overall Work Program (OWP) and 2) Approval of Resolution 2024-07: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2023/24 Overall Work Program
Recommended Action: Receive and file the overall workplan and adopt the resolution
9. Consideration of the 2023 Consumer Confidence Drinking Water Report Recommended Action: Receive and file the report
10. Consideration of 1) Resolution 2024-08: A Resolution of the City Council of the City of Nevada City Declaring the Results of the March 5, 2024 General Municipal Election; 2) Resolution 2024-09: A Resolution of the City Council of the City of Nevada City, State of California, Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax; 3) Resolution 2024-10: A Resolution of the City of Nevada City Authorizing Examination of Sales or Transactions and Use Taxes Records; and 4) Designation Letter: Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code
Recommended Action: Adopt resolution 2024-08, resolution 2024-09, resolution 2024- 10, approve the designation letter, and authorize the City Manager to sign any related documents
11. Consideration of the Cancellation of the Regular City Council Meeting Schedule for April 24, 2024
Recommended Action: Cancel the meeting
12. Consideration of Approval of the Bear Yuba Land Trust Celebration of Trails Art in Nature Installations Project for Installation on Nevada City Trails Recommended Action: Approve the project
CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS: Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing. Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
13. Conduct a Public Hearing in Consideration of Ordinance 2024-02: An Ordinance of the City Council of the City of Nevada City, State of California Amending Chapter
1.22 of the City of Nevada City Municipal Code, Relating to Administrative Enforcement
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption May 8, 2024
BUSINESS
14. Consideration of Resolution 2024-11: A Resolution of the City Council of the City of Nevada City, State of California, Declaring a Stage 2 Water Shortage Alert and Implementing Actions Set Forth in the Nevada City Drought Action Plan Recommended Action: Adopt the resolution
15. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $1,475,589 for Broad Street Y Improvements; Authorize a Project Contingency of 10%, Not-To-Exceed $147,559; 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
16. Consideration of the Components of and Process for the Development of a Single Use Container Ordinance
Recommended Action: Receive a presentation, provide direction, and approve the process
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 April 10, 2024, Regular Meeting of the Nevada City City Council was posted April 5, 2024, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed April 5, 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 April 10, 2024 5:30 P.M.
CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.
CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Pursuant to Government Code Section 54956.9(d)(2) One (1) Matter
WEDNESDAY April 10, 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 but prior to the start of the meeting 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
Proclamation: Arts, Culture & Creativity Month 2024
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 March 27, 2024, Regular Meeting
Recommended Action: Review and approve the minutes
2. Accounts Payable Activity Report – March 2024
Recommended Action: Receive and file the report
3. Police and Code Enforcement Report March 2024
Recommended Action: Receive and file the report
4. Building Activity Report March 2024
Recommended Action: Receive and file the report
5. Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 3 Grant in an Amount Not-To-Exceed $60,000 from May 1, 2024 through April 30, 2028
Recommended Action: Approve the contract
6. Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 3 Grant in an Amount Not-To-Exceed $80,000 from May 1, 2024, through April 30, 2028.
Recommended Action: Approve the contract
7. Consideration of a Memorandum of Understanding (MOU) Between the County of Nevada and the City of Nevada City Regarding Implementation of SB 1383 Recommended Action: Approve the MOU
8. Consideration of 1) Receipt of Nevada County Transportation Commission’s (NCTC) Draft FY 2024/25 Overall Work Program (OWP) and 2) Approval of Resolution 2024-07: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2023/24 Overall Work Program
Recommended Action: Receive and file the overall workplan and adopt the resolution
9. Consideration of the 2023 Consumer Confidence Drinking Water Report Recommended Action: Receive and file the report
10. Consideration of 1) Resolution 2024-08: A Resolution of the City Council of the City of Nevada City Declaring the Results of the March 5, 2024 General Municipal Election; 2) Resolution 2024-09: A Resolution of the City Council of the City of Nevada City, State of California, Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax; 3) Resolution 2024-10: A Resolution of the City of Nevada City Authorizing Examination of Sales or Transactions and Use Taxes Records; and 4) Designation Letter: Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code
Recommended Action: Adopt resolution 2024-08, resolution 2024-09, resolution 2024- 10, approve the designation letter, and authorize the City Manager to sign any related documents
11. Consideration of the Cancellation of the Regular City Council Meeting Schedule for April 24, 2024
Recommended Action: Cancel the meeting
12. Consideration of Approval of the Bear Yuba Land Trust Celebration of Trails Art in Nature Installations Project for Installation on Nevada City Trails Recommended Action: Approve the project
CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.
PUBLIC HEARINGS: Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing. Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
13. Conduct a Public Hearing in Consideration of Ordinance 2024-02: An Ordinance of the City Council of the City of Nevada City, State of California Amending Chapter
1.22 of the City of Nevada City Municipal Code, Relating to Administrative Enforcement
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption May 8, 2024
BUSINESS
14. Consideration of Resolution 2024-11: A Resolution of the City Council of the City of Nevada City, State of California, Declaring a Stage 2 Water Shortage Alert and Implementing Actions Set Forth in the Nevada City Drought Action Plan Recommended Action: Adopt the resolution
15. Consideration of Award of Contract with Hansen Bros. Enterprises in an Amount Not-To-Exceed $1,475,589 for Broad Street Y Improvements; Authorize a Project Contingency of 10%, Not-To-Exceed $147,559; 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
16. Consideration of the Components of and Process for the Development of a Single Use Container Ordinance
Recommended Action: Receive a presentation, provide direction, and approve the process
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 April 10, 2024, Regular Meeting of the Nevada City City Council was posted April 5, 2024, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed April 5, 2024, at Nevada City, California
____________________________________________________
Sean Grayson, City Manager
PROCLAMATION
Arts, Culture & Creativity Month 2024
WHEREAS, Arts, Culture & Creativity Month of April is the 6th annual statewide celebration first established by the California legislature in 2019; and
WHEREAS, the City of Nevada City believes that arts, culture and creativity are essential to our thriving community; and
WHEREAS, artwork is real work and brings good paying jobs and downstream benefits to our community; and
WHEREAS, arts inspire discovery, lifelong learning, and joy; and WHEREAS, culture creates connections, encourages understanding, and strengthens community; and WHEREAS, creativity sparks innovation, growth, and positive change; and WHEREAS, the City Council, Nevada City Public Arts Commission, and countless local art organizations and artists lead efforts to advance the arts through programs, partnerships, and the community-building initiatives such as implementing public art programs within the City; and WHEREAS, the City of Nevada City values partnering with the Nevada County Arts Council and state-level arts organizations such as California for the Arts and California Arts Council; and WHEREAS, this collective work at the local level and throughout the state encourages racial equity, uplifts our community, and changes our lives for the better; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City hereby proclaims the month of April 2024 as Arts, Culture & Creativity Month, and hereby encourages those who live, work, play, and create art in the City to join in the celebration! Dated this 10th day of April 2024
______________________________________
Daniela Fernández, Mayor
1 CITY OF NEVADA CITY
ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF MARCH 27, 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: Mayor Fernàndez, Vice Mayor Petersen, Ceci, Kline
Absent: Councilmember Fleming
ADOPTION OF THE AGENDA:
Action: Motion by Kline seconded by Ceci to adopt the Agenda for the March 27, 2024, Meeting (Approved 4-0) Fernàndez, Petersen, Kline, Ceci
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
CONSENT ITEMS:
1. Action Minutes March 13, 2024, Regular Meeting
Recommended Action: Review and approve the minutes
2. Fire Activity Report – February 2024
Recommended Action: Receive and file the report
3. Consideration of 1) Office of Emergency Services Report / Wildfire Prevention and Mitigation Activities Report – February 2024; and 2) Resolution 2024-08: A Resolution of the City Council of the City of Nevada City, California, Authorizing the Acceptance of Funding Related to the California Governor’s Office of Planning and Research, California Volunteer, Local Government: Connecting Neighbors to Neighbors Grant Agreement Number CV2311402 Recommended Action: Receive and file the report and adopt the resolution
4. Consideration of the Issuance of a Purchase Order to Dudek in the Amount of $44,180 for Community Engagement and Document Development for a Nevada City Community Wildfire Protection Plan and Authorize the City Manager to Execute a Contract and Any Related Documents
2 Recommended Action: Approve the purchase order and authorize the City Manager to execute a contract and any related documents
5. Consideration of the Issuance of a Purchase Order to Telestar Instruments in the Amount of $45,000 for the Wastewater Treatment Plant SCADA control integration; and Authorize the City Manager to Execute any Contracts or Related Documents
Recommended Action: Authorize the issuance of a purchase order and authorize the City Manager to execute related documents
6. Consideration of the Rejection of all Bids for the Public Works Storage Building Project and Authorizing a New Request for Proposal (RFP) Process to Solicit New Bids for the Amended Project
Recommended Action: Reject all bids for Public Works Storage Building and direct staff to readvertise and solicit new bids for the project
7. Consideration of the 2023 Housing Element Annual Progress Report Recommended Action: Receive and file and authorize transmittal of the report to the Department of Housing and Community Development
8. Consideration of the Special Event Street Closure Request from Nevada County Queer Events for a Pride Parade: Small Town, Big Pride Event
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
9. Consideration of the Bear Yuba Land Trust (BYLT) Request for Monetary Sponsorship in the Amount of $500 and Special Event Street Closure Request for the 2024 Celebration of Trails Street Party
Recommended Action: Review, approve, and authorize the special event street closure requests and $500 sponsorship per the submitted application
10. Consideration of Adoption of Resolution 2024-07: A Resolution of the City Council of the City of Nevada City, California, Updating the City Council Standards and Procedures Manual to Add Additional Provisions Regarding Disruptive Behavior at Council Meetings Recommended Action: Adopt the resolution
Action: Consent Item #10 pulled for future meeting
Action: Motion by Ceci seconded by Petersen to approve consent Items 1-9 (Approved 4-0) Fernàndez, Petersen, Kline, Ceci
BUSINESS
11. Consideration of an Appeal of Planning Commission Decision to Deny the Architectural Review Application of Galen Grant to Allow for Permitting an Existing Yurt at 803 Uren Street Recommended Action: After holding a public hearing, Council shall make a decision whether to uphold, overturn, or modify the Planning Commission decision to deny the Architectural Review Application
Action: Item pulled for future meeting
3 12. Consideration of the Issuance of a Purchase Order to Future Chevrolet of Sacramento in an Amount Not-To-Exceed $66,476.15 for the Purchase of a Chevy Tahoe School Resource Officer Patrol Vehicle Using Proposition 64 Cohort 3 Funding
Recommended Action: Approve the purchase and authorize the purchase order Action: Motion by Ceci seconded by Kline to approve the purchase and authorize the purchase order (Approved 4-0) Fernàndez, Petersen, Kline, Ceci
13. Consideration of Selecting the 100% Renewable Sourced Green100 Product for Electricity Sourced from Pioneer Community Energy for City Electricity Accounts Recommended Action: Approve the selection of the Green100 selection for City accounts Action: Motion by Petersen seconded by Kline to Approve the selection of the Green100 selection for City accounts
(Approved 4-0) Fernàndez, Petersen, Kline, Ceci
14. Consideration of 1) Calling for a Facilitated Community Conversation on the Topic of Islamophobia, Antisemitism, and the Role of Local Government in Providing a Safe and Peaceful Community in Consideration of the On-Going Human Tragedy in Israel and Palestine; and 2) Approving an Agreement with the Consensus Building Institute for Facilitation Services and Authorizing the City Manager to Execute any Related Documents Recommended Action: Call for the community conversation and approve the agreement Action: Motion by Petersen seconded by Ceci to Call for the community conversation and approve the agreement
(Approved 4-0) Fernàndez, Petersen, Kline, Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 9:08 PM
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Daniela Fernàndez, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 02
Subject: Accounts Payable Activity Report March 2024
From: Brittnie Neundorfer, Finance Supervisor
Date: April 1, 2024
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Accounts Payable Report for March 2024 reviews the accounts payable and check register for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Accounts Payable Report March 2024
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 03
Subject: Police and Code Enforcement Report - March 2024 From: Dan Foss, Chief of Police
Date: April 2, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file.
ISSUE STATEMENT AND DISCUSSION:
The Nevada City Police Department's monthly statistical crime report for March 2024 is attached. For additional information, refer to the attached spreadsheet.
Over the course of the last few months, Officers with the Nevada City Police Department have seized an increased number of weapons off of the street. One of the concerns that we hear from the community is the belief that this increase in weapons-related arrests indicates a surge in violent activity in the community.
Thankfully, this is not the case. It is important to note that none of these weapons seized recently are connected to any current criminal activity (other than possessing the weapon themselves). The firearms were located by proactive policing, which involves trained officers locating these weapons prior to their use in criminal activity. The police department is transitioning from mostly newer officers to an experienced department, leading to a safer community. Every one of the recent weapon seizures resulted in permanently removing firearms off the street and out of the possession of a person not legally allowed to own a firearm.
Code Enforcement has a new (to the unit) vehicle that will be utilized to increase visibility around town.
Previously, Code enforcement would ride with an officer or in an unmarked vehicle to their intended location. They will be far more visible on a vehicle marked as Nevada City Code Enforcement. The vehicle is, in fact, a Nevada City Patrol Forde Explorer (the oldest vehicle in the fleet and the only Explorer) that was scheduled for retirement. The vehicle is still in good repair and was maintained well, so the police markings have all been removed, and code enforcement markings have been added. If you see the vehicle around town, give the driver a wave.
Nevada City Police Department will always be available for comments and will notify the council of any concerns.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
None.
ATTACHMENTS:
March 2024 Case Report
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 2 2% 0 0% 2 3% 0 0% 0 0%
ARSON 0 0% 0 0% 2 3% 0 0% -2 -200%
ASSAULT - A 0 0% 0 0% 2 3% 1 50% -2 -200%
ASSAULT - S 2 2% 0 0% 3 5% 0 0% -1 -100%
AUTO THEFT 1 1% 0 0% 0 0% 0 0% 1 100%
BURGLARY 0 0% 0 0% 0 0% 0 0% 0 0%
CIVIL DISPUTE 0 0% 0 0% 0 0% 0 0% 0 0%
COURT ORDER 3 4% 0 0% 3 5% 1 33% 0 0%
DECEASED PERSON 2 2% 0 0% 1 2% 0 0% 1 100%
DISORDERLY 6 7% 3 50% 1 2% 1 100% 5 500%
DOMESTIC DISPUTE 1 1% 0 0% 2 3% 0 0% -1 -100%
DOMESTIC VIOLENCE 0 0% 0 0% 2 3% 0 0% -2 -200%
DUI 7 9% 4 57% 4 6% 3 75% 3 300%
ELDER 1 1% 0 0% 0 0% 0 0% 1 100%
FOUND PROPERTY 6 7% 0 0% 2 3% 0 0% 4 400%
GENERAL 1 1% 0 0% 3 5% 1 33% -2 -200%
HIT-RUN-N 0 0% 0 0% 1 2% 0 0% -1 -100%
LIQUOR LAWS 0 0% 0 0% 2 3% 1 50% -2 -200%
MENTAL HEALTH 2 2% 0 0% 3 5% 0 0% -1 -100%
MISC INFO RPT 7 9% 0 0% 2 3% 0 0% 5 500%
MISSING 1 1% 0 0% 0 0% 0 0% 1 100%
MUNI CODE 1 1% 0 0% 0 0% 0 0% 1 100%
MVSTOP 1 1% 0 0% 1 2% 0 0% 0 0%
NARCOTICS 1 1% 0 0% 0 0% 0 0% 1 100%
OTHER OFFENSE 1 1% 1 100% 1 2% 0 0% 0 0%
PROPERTY 2 2% 0 0% 0 0% 0 0% 2 200%
RESIST 1 1% 0 0% 0 0% 0 0% 1 100%
RUNAWAY JUVENILE 0 0% 0 0% 1 2% 0 0% -1 -100%
SEX OFFENSE 0 0% 0 0% 1 2% 0 0% -1 -100%
STOLEN PROPERTY 2 2% 0 0% 1 2% 0 0% 1 100%
THEFT 3 4% 0 0% 0 0% 0 0% 3 300%
TOW 3 4% 0 0% 2 3% 0 0% 1 100%
TRAFFIC 1 1% 0 0% 2 3% 0 0% -1 -100%
TRAFFIC COLLISION 2 2% 0 0% 3 5% 0 0% -1 -100%
TRESPASS 3 4% 3 100% 3 5% 2 67% 0 0%
VANDALISM 3 4% 0 0% 1 2% 0 0% 2 200%
VOIDED CASE NUMBER 1 1% 0 0% 2 3% 0 0% -1 -100%
WARRANT ARREST 5 6% 3 60% 4 6% 0 0% 1 100%
WEAPONS 2 2% 0 0% 0 0% 0 0% 2 200%
Total Case Reports 74 14 57 10 17
RMS-185c v1.0 Printed 4/4/2024 9:07:54 AM Page 1 of 2 Total Pages
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY DISPO STATUS
REPORT PERIOD
3/1/2024 00:00:00 thru 3/31/2024 23:59:59
NEVADA CITY, CA 95959
(530) 265-4700
CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 12 41% 5 42% 10 32% 0 0% 2 200%
Adult Arrests Misd 16 55% 9 56% 19 61% 10 53% -3 -300%
Juvenile Arrests Felony 0 0% 0 0% 0 0% 0 0% 0 0%
Juvenile Arrests Misd 1 3% 0 0% 1 3% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 0 0% 0 0% 1 3% 0 0% -1 -100%
Total Arrests 29 14 31 10 -2
RMS-185c v1.0 Printed 4/4/2024 9:07:54 AM Page 2 of 2 Total Pages * Cleared - Is determined by the case disposition where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.
CITY OF NEVADA CITY
317 BROAD ST.
POLICE DEPARTMENT
MONTHLY STATISTICAL REPORT
CLEARED BY DISPO STATUS
REPORT PERIOD
3/1/2024 00:00:00 thru 3/31/2024 23:59:59
NEVADA CITY, CA 95959
(530) 265-4700
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 04
Subject: Building Activity Report March 2024
From: Lisa McCandless, City Planner
Date: April 4, 2024
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The attached Building Activity Report for March 2024 reviews the actions and activities for the month.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:
Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
None.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Building Activity Report March 2024
March 2024 Building Activity Report
Date Record Number Record Type Description Address Status 3/28/2024 240878 Express Permit
Web. Furnace swap out - heating
only. Installed backflow
prevention device required prior
to permit final. Includes one
inspection. Final required.
210 JORDAN STREET,
Nevada City CA 95959 Issued
3/26/2024 240842 Express Permit
Web. Tear off existing roof on
entire building containing 501,
503, 505 & 507 Redbud Way,
install cool roof Owens Corning
lifetime shingles. Installed
backflow prevention device
required prior to permit final. PPR
One inspection. Final required.
501 REDBUD WAY, Nevada
City CA 95959 Received
3/21/2024 240778 Express Permit
Web. Tear off existing roof and
reroof 7 sqs on detached
shed/garage Of Owens Corning
trudef Cool Class A shingles.
Backflow prevention device
verified, no action needed. PPR
One inspection. Final required.
239 NEVADA STREET,
Nevada City CA 95959 Issued
3/20/2024 240773 Express Permit
VOID see MEC permit #240714
Remove and replace roofing and
flashings on historical library
building. Includes 2 inspections.
Final required.
211 NORTH PINE STREET,
Nevada City CA 95959 Void
3/20/2024 240759 Express Permit
Install 18kw Generac generator,
pad, battery, emergency stop
button, 2 smart modules. Run gas
line. Install new integrated meter
transfer switch and load center.
Installed backflow prevention
device required prior to permit
final. Includes 2 inspections. Final
required.
705 ZION STREET, Nevada
City CA 95959 Received
3/19/2024 240740 Express Permit
Web. Tear off and re-roof using
GAF timberline HDZ Rs roof title
24 compliant shingles.
Approximately 31 squares.
Property currently on septic;
backflow not required. PPR One
inspection. Final required.
224 REWARD STREET,
Nevada City CA 95959 Issued
3/19/2024 240750 Full Review
Digital. Rebuilt Residence
damaged by vehicle. Residence 2
bedroom 2 bathroom 1080sf with
porch 48sf Original Residence
was 1537sf. Backflow device
verified. No further action
needed.
347 NILE STREET, Nevada
City CA 95959 Ready to Issue
3/15/2024 240714 Express Permit
Web. Remove existing roofing
and flashings. Replace with new
materials of same finish and
texture. 34 squares. Sewer
backflow prevention device
installed. No further action
needed. PPR One inspection.
Final required.
211 NORTH PINE STREET,
Nevada City CA 95959 Received
3/14/2024 240695 Express Permit
Web. Tear off existing roof on
residence, install Owens Corning
cool lifetime shingles. Attic has
least least R-38 insulation.
Backflow prevention device
verified and on file. PPR One
inspection. Final required.
306 AMERICAN HILL ROAD,
Nevada City CA 95959 Issued
3/13/2024 240688
Over the
Counter Permit
Replace comp roof with energy
efficient cool roof. Backflow
prevention device already verified.
Includes 2 inspections. In Progress
required. 2nd Final.
348 LONG STREET, Nevada
City CA 95959 Finaled
3/13/2024 240680 Express Permit
Web. Replace existing heating
equipment. System located in/on
side of house. Installed backflow
prevention device required prior
to permit final. Includes one
inspection. Final required.
508 ZION STREET, Nevada
City CA 95959 Issued
3/12/2024 240661
Over the
Counter Permit
Demo permit to remove drywall
separation in attic of unit 315
Gracie. Sewer backflow verified
under previous permit. 1
inspection.
315 GRACIE ROAD, Nevada
City CA 95959 Finaled
3/12/2024 240664 Express Permit
Web. Reroof, cool comp, 22
squares. Sewer backflow device
already verified and on file. PPR
One inspection. Final required.
308 PARK AVENUE, Nevada
City CA 95959 Issued
3/11/2024 240654 Express Permit
(N) (01) TESLA GATEWAY 1232100-
XX-X [CRD-PCS NON-EXPORT](N)
(01) TESLA AC POWERWALL
2012170-XX-Y [240V] [SI1-SB]
BATTERY(N) (01) E-STOP SWITCH
338 GRACIE ROAD, Nevada
City CA 95959 Received
3/9/2024 240647 Express Permit
INSTALL ROOF MOUNT SOLAR
3.600KW 9 PANELS1 TESLA
POWERWALL1 200A TESLA
GATEWAYPOWER CONTROLLED
SYSTEM
313 B STREET, Nevada City
CA 95959 Received
3/8/2024 240645 Express Permit
Digital: Change out meter main
200 amp Old Zinsco panel, replace
with new 200amp MSP.This
permit includes two inspections.
Final required.
215 PROSPECT STREET,
Nevada City CA 95959 Finaled
3/7/2024 240634 Express Permit
WEB: Replace ducted air handler
and condenser with side discharge
for residence. 1 inspection.
260 BOULDER STREET,
Nevada City CA 95959 Issued
3/6/2024 240626 Full Review
Replace front deck. 447 sf.
Includes 2 inspections.
543 WEST BROAD STREET,
Nevada City CA 95959 Issued
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 05
Subject: Consideration of a Contract with Bright Futures for Youth to Provide Youth Services After School Referrals in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 3 Grant in an Amount Not-To-Exceed $60,000 from May 1, 2024 through April 30, 2028.
From: Sean Grayson, City Manager
Date: April 1, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the contract.
ISSUE STATEMENT AND DISCUSSION:
On May 1, 2024 the City of Nevada City was awarded a Proposition 64 Public Health and Safety Grant Program Cohort 3 grant from the Board of State and Community Corrections (BSCC). The grant award Goal 2A states, “. Bright Futures for Youth (BFFY) will accept referral of 30 or more Nevada City youth annually into their existing after school and summer programs.” BFFY is currently providing the same programming through April 30, 2024 under the previous Proposition 64 Cohort 2 grant award to the city.
This new contract will transition the programming to the Cohort 3 grant May 1, 2024 and running through April 30, 2028. BFFY will be compensated at a rate of $1250 per month from May 1, 2024 through April 30, 2025, equivalent to $15,000 per year. The grant award amount for the programing is $15,000 per year for five years. The new contract is for four years. Staff intends to work with BFFY to evaluate additions to the programming based upon the first three years of performance and will seek a grant modification from BSCC to award the remaining $15,000 to the BFFY in the final year of the grant period.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total amount not-to-exceed $60,000 is reimbursable from the Prop 64 Cohort 2 grant.
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:
BFFY Contract
PROPOSITION 64 COHORT 2GRANT AGREEMENT FOR YOUTH SERVICES AFTER SCHOOL REFERRALS IN
RELATION TO CANNABIS SUBSTANCEUSEPREVENTION
This Grant Agreement ("Agreement"), dated May 1, 2024 (the "Execution Date"), is between the City of Nevada City, a municipal corporation ("City"), and Bright Futures for Youth, a California non-profit organization ("Grantee").
Background
A. In December 2022, the Board of State and Community Corrections (BSCC) released a Request for Proposals seeking applicants for its Proposition 64 Public Health and Safety Grant Program Cohort 3. The Proposition 64 Public Health and Safety Cohort 2 Grant Program funds local agency projects to address public health and safety matters associated with implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. This State grant program requires extensive data collection and reporting requirements, maintenance of detailed accounting records, and a financial audit of the grant expenditures.
B. The City's proposal was highly ranked by the BSCC Review Panel and recommended for Board funding. In May 2023, the BSCC awarded Nevada City a Cohort 3 Proposition 64 Public Health and Safety Program Grant. This State grant program requires extensive data collection and reporting requirements, maintenance of detailed accounting records, and a financial audit of the grant expenditures.
C. Through the BCSS Proposition 64 Public Health and Safety Grant, the City will partner with the Grantee and the Nevada City School District to provide referrals to Grantee programming.
Agreement
City and Grantee enter into this Agreement for the purpose of establishing each party's rights and obligations with regard to the disbursement and expenditure of the Grant Funds (defined below) for the Authorized Activities (defined below) as follows:
1. Term. This Agreement takes effect as of May 1, 2024 and expires on April 30, 2028 (the "Expiration Date"). Either party may terminate this Agreement early by giving the other party notice in accordance withSection 10 at least 30 calendar days before the termination date set forth in the notice. In addition, this Agreement is subject to early termination with a shorter notice period under Section 9.
2. Grant Funds - Services and Budget. Grantee has been awarded a grant in the amount of not to exceed $60,000. (the "Grant Funds") solely to carry out the activities listed in Attachment 1 ("Authorized Activities") in accordance with the budget listed in Attachment 2 ("Approved Budget"). The Authorized Activities and the Approved Budget are based on compliance with the terms the Proposition 64 Grant Agreement BSCC 954-21 (the “State Grant Agreement"), a copy of which has been provided to Grantee. The State Grant Agreement is incorporated as part of this Agreement by this reference. In the event of any conflict between Attachments 1 and 2 and the State Grant Agreement, the terms of the State Grant Agreement shall control and prevail.
Grantee shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Grantee's profession in California.
Grantee shall assign only competent personnel to perform services under this Agreement. Grantee shall notify City in writing of any changes in Grantee's staff assigned to perform the services under this Agreement prior to any such performance.
Grantee shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City. Grantee agrees that the City shall have the right to approve any and all subcontractors to be used by Grantee in the performance of the Authorized Activities this Agreement before Grantee contracts with or otherwise engages any such subcontractors unless they are identified in Attachment 1. Notwithstanding the foregoing, to the extent set forth and described in the Authorized Activities, Grantee may work with collaborative service partners, which may include any entity that will share resources that impact the delivery of the services (such as school sites and other non-profit community service organizations), provided that Grantee shall ensure that it obtains all necessary permits to conduct the Authorized Services at such sites.
3. Disbursement of Grant Funds. City will disburse to Grantee the Grant Funds in accordance with the schedule and terms and conditions of the State Grant Agreement. After receipt of the required progress report and invoices, City will disburse to Grantee the Grant Funds after receipt of such funds from the State.
4. Restrictions on Use of Grant Funds. Grantee may expend the Grant Funds only for Authorized Activities, based on Attachments 1 and 2, that are provided during the Term of this Agreement, subject to the following limitations:
a. Grantee may not use the Grant Funds for: (i) its overhead, general organization, and administrative expenses which are not directly related to performing the Authorized Activities; (ii) building maintenance, utilities, and similar operating costs of a facility unless it is used primarily by the grant program participants; (iii) fundraising and lobbying activities; (iv) expenses associated with the preparation of the Proposal, negotiating the terms of this Agreement, and costs incurred prior to the Execution Date unless included in the Approved Budget; or (vi) expenses not listed in the Authorized Budget.
b. Grantee shall not adjust any line-item expenditure in the Approved Budget without the prior written approval of the City Representative listed in Section 10. Grantee shall submit requests for line-item adjustments In accordance with the notice procedures In Section 10. c. Grantee may not use the Grant Funds to supplant (displacing or replacing) funds provided by City or other entities which are held by Grantee prior to the Execution Date to provide the program services already being funded by those entities for the same youth services. d. This Section 4 will survive the expiration or termination of this Agreement.
5. Accounting and Reporting.
a. Books and Records: Grantee shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. [BSCC Mandatory Language]
b. Grantee shall keep all Grant Funds received under this Agreement separate from all other funds under its control.
c. Grantee shall maintain records of all matters related to this Agreement including, but not limited to, books, financial records, supporting documents, statistical records, personnel records, property records, and all other pertinent records for a minimum of three years after completion of services sufficient to reflect properly: All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in performance of this Agreement and all other matters covered by this Agreement. The records shall document all financial transactions, including but not limited to contracts, invoices, timecards, cash receipts, vouchers, canceled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges paid with the Grant Funds. Grantee shall submit to the City, at such times and in such forms as the City may require, such records pertaining to matters covered by this Agreement.
d. Grantee shall allow its records related to the services provided under this Agreement for inspection and audit by an independent auditor selected by City. Also, at City's election, the City Accounting Manager or City Auditor, at all reasonable times, may audit Grantee's books, records, and accounts to determine whether the Grantee has complied with the terms of this Agreement.
City shall have the right for any reason whatsoever to perform or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. Grantee will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report. Costs of such independent audits shall be borne by the City. This Section will survive the expiration or termination of this Agreement. e. Within the time period specified in Attachment 1 and the State Grant Agreement, Grantee shall provide City with progress reports which lists the number of youths participating in the program and other matters regarding the program as listed in the Authorized Services and the State Grant Agreement.
f. Within 60 calendar days after either completion of the Authorized Services or the Expiration Date, whichever occurs first, Grantee shall provide City with a final report that lists the program accomplishments and expenditure of the Grant Funds. Grantee's failure to provide the final report or Grantee's unauthorized use of the Grant Funds may result in the Grantee being barred from being eligible for City grant funding In future years.
g. If the independent auditor, Finance Manager (Chief Financial Officer, Assistant City Manager or similar City position) or City Auditor determines that the City Funds were expended by Grantee for uses not listed in the Authorized Budget or in violation of the restrictions listed in Section 4, upon receipt of the written demand issued by City which details the unauthorized expenditures,
6. Inspection, Monitoring,EvaluationandProgramChanges.
a. Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. [BSCC Mandatory Language]
b. Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period. [BSCC Mandatory Language] c. Atany timeduringnormal business hours,andasoftenasmaybedeemed necessary, Grantee agrees thattheState, City, and/or any of their authorized representatives shall have access to and the right to examine its offices and facilities engaged in performance of services under this Agreement. No prior notice to Grantee of such inspection by State or City shall be required.
d. Grantee shall furnish all data, statements,records, information, andreports necessary for the State and City to monitor, review and evaluate the performance of the Authorized Services.
Grantee shall cooperate withtheState and City in the conduct of any evaluation of Grantee's youth development program and services. Grantee shall further cooperate to incorporate minor modifications to the program that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. City shall have the right to request the services of an outside agent to assist in any such evaluation, which services shall be paid for by the City.
7. Non-Discrimination Clause and Civil Rights Compliance. During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. [BSCC Mandatory Language]
8. Criminal Background Check. Grantee and all of its employees, volunteers and subcontractors which will have supervisory or disciplinary authority over minors or will have direct contact with minors providing services under this Agreement are required to be fingerprinted and checked for certain types of criminal convictions before providing services per California Public Resources Code Section 5164 and California Education Code Section 10911.S. Grantee shall require its employees, volunteers and subcontractors providing services under this Agreement to minors to submit to being fingerprinted for the criminal conviction review by the State Department of Justice. City may require Grantee to submit evidence of Grantee's compliance with this requirement at any time during the Term of thisAgreement.
If any at time after the criminal conviction review process has been completed, Grantee or any of its employees, volunteers or subcontractors is arrested for a felony or misdemeanor involving moral turpitude, Grantee shall immediately notify the City Representative listed in Section 10. City may suspend the right of such person(s) to continue to provide services under this Agreement until the charges are dismissed or there is a settlement or conviction, and City may terminate this Agreement in lieu of suspension at its sole discretion.
9. Suspension and Termination. City shall have the right, at any time, to temporarily suspend Grantee's performance hereunder, in whole or in part,by giving a written notice of suspension to Grantee. If City gives such notice of suspension, Grantee shall immediately suspend its activities underthis Agreement, as specified in such notice.
This Agreement may be terminated prior to the Expiration Date by either party by giving thirty (30) days' notice to the other in writing of its intent to terminate the Agreement for its convenience. Upon such notice, Grantee shall cease any further work related to this Agreement. Nothing In this Agreement shall be deemed to be a waiver of the City's right to recover from Grantee any portion of the Grant Funds that have not been spent in accordance with this Agreement or that have not been spent as of the date of notice.
City may terminate this Agreement for breach prior to the Expiration Date if the City Manager or the City Manager's designee determines that any of the following circumstances has occurred:
a. Grantee has failed submit records when requested or improperly used the City Funds (see Sections 4 and 5);
b. Grantee has made any material misrepresentationof any nature withrespect to any information or statements furnished to City in connection with this Agreement; c. There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect Grantee's ability to implement the Authorized Services;
d. Grantee has violated the non-discrimination provisions in Section 7; e. Grantee has failed to conduct criminal background checks as provided in Section 8; f. Grantee or has failed to perform or has performed unsatisfactorily any term of this Agreement, including failure to submit the required reports and documents; or g. Grantee has completed the Authorized Services and submitted the required reports In accordance with Sections 5 and 6, so there are no further obligations by any party under this Agreement.
10. Representatives and Notices. Grantee shall assign a single program coordinator who shall have overall responsibility for the performance of this Agreement by Grantee. Should circumstances or conditions require a substitute Grantee coordinator, Grantee shall notify the City Representative identified below.
Any notice under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 10 to the persons identified below or their successors. If mailed, the notice will be effective on the second calendar day from the date it is deposited in the United States Mail addressed as set forth below with postage prepaid. A notice sent in any other manner (e.g., e-mailed or hand-delivered) will be effective or will be considered properly given when actually delivered.
If to City: City of Nevada City
317 Broad Street
Nevada City, CA 95959
Attention: City Manager
[email protected]
If to Grantee: Bright Futures for Youth (BFFY)
200 Litton Drive, Suite 308
Grass Valley, CA 95945
Attention: Dena Malakian
[email protected]
Any party may change its address for these purposes by giving written notice of the change to the other parties in the manner provided in this Section 10.
11. Indemnity. Grantee shall defend, hold harmless, and indemnify City and State, their officers, employees, and agents from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, "Liabilities"), including liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or In any way related to Grantee's acts or omissions under this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City and State, their officers, employees, agents, or independent contractors who are directly responsible to City or State.The provisions of thisSection11 will survive the expiration or termination of this Agreement.
12. Insurance. During the term of this Agreement, Grantee shall maintain at its sole expense insurance coverage as follows:
a. Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 0001 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Grantee, products and completed operations of Grantee, and premises owned, leased, or used by Grantee, with limits of not less than one million dollars ($1,000,000) per occurrence.
The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
b. Automobile Liability Insurance is required if Grantee provides transportation for program participants providing coverage at least as broad as ISO Form CA0001 for bodily injury, includingdeath,of oneor morepersons,property damage andpersonal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of Grantee.
No automobile liability insurance is required if Grantee certifies as follows:
"Grantee certifies that a motor vehicle will not be used In the performance of any work or services under this Agreement. If, however, Grantee requires any employees of Grantee to use a vehicle to perform services under this Agreement, Grantee understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Grantee." _______ Grantees Initials
c. Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). No Workers' Compensation insurance shall be required if Grantee completes the following certification:
"I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance." _______ Grantees Initials
d. The-Commercial General Liability and Automobile Liability policies must contain, or be endorsed to contain, the following provisions:
1. The City, its officials, employees, and agents must be covered by policy terms or endorsement as additional insureds.
2. Grantee's insurance coverage is primary insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by the City, its officials, employees, or agents is in excess of Grantee's insurance and does not contribute with it.
3. The City must be provided with 30 days' written notice of cancellation or material change in the policy language or terms.
e. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Selfinsured retentions, policy terms, or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by City in writing prior to execution of this Agreement.
f. Grantee shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements must be forwarded to the City Representative named in Section 10. Copies of policies must be delivered to City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
g. For all insurance policy renewals during the term of this Agreement, Grantee (or Fiscal Sponsor) shall send Insurance certificates reflecting the policy renewals directly to the City representative in 10
h. The City may withhold payments to Grantee or terminate the Agreement if the insurance is canceled or is not renewed as required by this Section 12. i. Grantee's liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by Grantee (or Fiscal Sponsor) in connection with this Agreement.
13. Conflicts of Interest. During the Term of this Agreement, Grantee, its officers, directors, employees, and agents shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of City or that in any way hinders Grantee's performance under this Agreement.
14. Miscellaneous.
a. Compliance withApplicable Laws.Grantee shall conduct its affairs andcarry on its operations in compliance with all applicable federal, state, and local laws. Grantee must be registered and in good standing with the Registry of Charitable Trusts maintained by the California Attorney General and the corporation must be registered, active, and in good standing with the Secretary of State corporation filings.
b. Assignment. Grantee may not assign or otherwise transfer this Agreement or any interest in it without City's written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 14(b) is void. c. Successors andAssigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This Section 14{c} does not constitute the City's consent to any assignment of this Agreement or any interest in this Agreement. d. Independent Contractors. Grantee may assign employees and volunteers or contract with third parties to perform the Authorized Services at its exclusive discretion and the services of such assigned employees, volunteers and third parties shall be at the sole expense of Grantee and they shall not be entitled to any benefits payable to employees of City. e. Third Parties. This Agreement is for the sole benefit of Grantee (including its Fiscal Sponsor) and City and no other person or entity shall be entitled to rely upon, enforce, or receive any direct benefit from this Agreement.
f. NoJointVenture. It isunderstood and agreed that eachparty isan independent person, entity or government agency and that this Agreement shall not create a relationship between City and Grantee of employer-employee, joint venture, partnership, or anyother relationship of association. Except asexpressly provided in this Agreement or as the parties may specify in writing, neither party shall have authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. g. Interpretation and Exhibits. This Agreement is to be interpreted and applied in accordance with California law. The State Grant Agreement and Attachments 1 and 2 are part of this Agreement.
h. Waiver of Breach. Aparty's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party's breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
i. Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable,or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable.
j. Counterparts. The parties may sign thisAgreement in counterparts, each ofwhich is considered an original, but all ofwhichconstitute the same Agreement. Facsimiles, pdfs,andphotocopies of signature pages ofthe Agreement have the samebinding effect as originals. k. Time of Essence. Time is of the essence in performing this Agreement. l. Integration and Modification. This Agreement sets forth the parties' entire understanding regarding the matters set forth above and is Intended to be their final, complete, and exclusive expression of those matters. It supersedes allprior or contemporaneous agreements, representations, and negotiations-written, oral, express, or implied-and may be modified only by another written agreement signed by bothparties.
m. Authority. Each of the signatories to this Agreement represents that he/she is authorized to sign the Agreement on behalf of such party and that all approvals, resolutions and consents which must be obtained to bind such party have been obtained that no further approvals, acts or consents are required to bind such party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:
Dated: ____________________
BRIGHT FUTURES FOR YOUTH
By:
Name:
Title:
By:
Name:
Title:
CITY OF NEVADA CITY,
A municipal corporation
_________________________
Sean Grayson, City Manager
ATTEST:
Gabrielle Christakes, Deputy City Clerk
Approved as to form:
________________________
Dean Pucci, City Attorney
ATTACHMENT 1
Authorized Activities
Authorized Services Program Delivery, Requirements
The Nevada City School District (NCSD) has been contracted with Nevada City to provide a cannabis and other drug prevention program for its students in grades 5 – 8 for the City’s Proposition 64 grant.
This scope of work for Bright Futures for Youth (BFFY) relates to the referrals generated by the NCSD prevention program facilitator or other Nevada City youth services providers to BFFY for the following:
1) participants who are in need of further assessment or evaluation for substance use, mental health, or other related services, and facilitation of delivery of those services (based on results of a Brief Intervention Survey); and 2) participants who would benefit for inclusion in BFFY’s year-round (after school/summer) youth programming. In completion of this Scope of Work, BFFY will do the following:
• BFFY will work with the NCSD’s prevention program facilitator to develop a referral process for student participants in NCSD’s prevention program that will be referred to BFFY’s case management for substance use and mental health services (for further assessment or referral to services), including any necessary student information forms and parental permissions needed. • BFFY will work with the NCSD’s prevention program facilitator to develop a referral process for accepting NCSD’s prevention program students into BFFY’s Year-round (after school/summer) program, including any necessary student information forms and parental permissions needed. • BFFY will accept referrals from NCSD’s program facilitator for students needing further assessment of possible need for mental health/behavioral health services. Each student referred will have had a Brief Intervention Survey completed by the prevention program facilitator who will forward the student’s Brief Intervention Survey Score along with the referral. • BFFY will accept referrals from NCSD’s prevention program facilitator for participation in BFFY’s yearround (after school/summer youth program. • Provide additional hours for current employees to deliver and manage the program and referrals; • Meet with City Staff, and the NCSD prevention program facilitator monthly about the program’s progress and updates, referrals generated, and any other needs or challenges.
Data Collection and reporting
BFFY will participate in meetings or calls with Nevada City’s contracted Proposition 64 grant evaluator and any designated City staff to discuss outcomes that have been developed and for which data collection will be developed around to measure attainment of outcomes. Basic outcomes for the prevention program, include:
Prevention Program Outcomes:
Process-related Objectives:
A. NCSD will deliver an evidence-based prevention program to all 5 – 8th grade students at Seven Hills Middle School;
B. NCSD will generate referrals for students as needed to BFFY for further screening conducting BI surveys for those requiring additional support;
C. NCSD will provide referrals for 15% of current students in grades 5-8 for the BFFY Year-round (After School/Summer) Youth Program.
Outcome-related Objectives:
A. Students will increase their perception of harm around cannabis use; B. Students will improve their knowledge about the effects of youth cannabis use on brain development and other negative potential consequences;
C. Students will report that they would feel comfortable asking someone (a parent, teacher, prevention program facilitator, BFFY youth staff or other trusted adults) if they or a friend needed help with mental health, substance use, bullying or other concerns over their or others’ safety.
Basic Proposition 64 grant data collection is shown below.
Quarterly, BFFY will report the following data using the template provided by the evaluator:
• Number of NCSD students and other Nevada City youth referred to BFFY for connection to mental/behavioral health treatment services
• Number of NCSD students and other Nevada City youth referred to substance use services • Number of NCSD students and other Nevada City youth referred to mental health services • Number of NCSD students and other Nevada City youth referred to other supportive services • Number of NCSD students and other Nevada City youth referred to BFFY After School/Summer Program
• Number of NCSD students and other Nevada City youth who enroll in BFFY After School/Summer Program (i.e., new participants)
• Number of ongoing participants each quarter
• Number of NCSD students and other Nevada City youth who leave (stop coming, lose contact) BFFY After School/Summer Program
• Number of NCSD students and other Nevada City youth who are asked to leave the BFFY After School/Summer Program
• Staff hours spent planning (including arranging logistics, communicating with NCSD prevention program facilitator, processing referrals, communication with parents for pending new enrollees about questions they have, etc.)
BFFY will participate in meetings or calls with Nevada City’s contracted Proposition 64 grant evaluator and any designated City staff to discuss outcomes that have been developed and for which data collection will be developed and implemented to measure attainment of outcomes. Data will be reported on an evaluator developed template quarterly. Typically, the evaluator will contact BFFY staff via email just after the end of the quarter to plan data reporting. Quarterly reports are due 45 days after the end of each quarter as shown:
Progress Report Periods Due to BSCC:
1. May 1, 2023 to June 30, 2023 August 15, 2023
2. July 1, 2023 to September 30, 2023 November 15, 2023
3. October 1, 2023 to December 31, 2023 February 15, 2024
4. January 1, 2024 to March 31, 2024 May 15, 2024
5. April 1, 2024 to June 30, 2024 August 15, 2024
6. July 1, 2024 to September 30, 2024 November 15, 2024
7. October 1, 2024 to December 31, 2024 February 15, 2025
8. January 1, 2025 to March 31, 2025 May 15, 2025
9. April 1, 2025 to June 30, 2025 August 15, 2025
10.July 1, 2025 to September 30, 2025 November 15, 2025
11.October 1, 2025 to December 31, 2025 February 15, 2026
12.January 1, 2026 to March 31, 2026 May 15, 2026
13.April 1, 2026 to June 30, 2026 August 15, 2026
14.July 1, 2026 to September 30, 2026 November 15, 2026
15.October 1, 2026 to December 31, 2026 February 15, 2027
16.January 1, 2027 to March 31, 2027 May 15, 2027
17.April 1, 2027 to June 30, 2027 August 15, 2027
18.July 1, 2027 to September 30, 2027 November 15, 2027
19.October 1, 2027 to December 31, 2027 February 15, 2028
20.January 1, 2028 to March 31, 2028 May 15, 2028
21.April 1, 2028 to April 30, 2028 June 15, 2028
ATTACHMENT 2
Approved Budget
Grantee “Bright Futures for Youth” (BFFY) is approved to invoice the City $1250 per month for each month that Nevada City youth participate in a Grantee authorized program under the agreement from May 1, 2024 through April 30, 2028 for a total amount not to exceed of $60,000.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 06
Subject: Consideration of a Contract with the Nevada City School District for Youth Services Education in Relation to Cannabis Substance Use Prevention Funded by the Proposition 64 Cohort 3 Grant in an Amount Not-To-Exceed $80,000 from May 1, 2024, through April 30, 2028.
From: Sean Grayson, City Manager
Date: April 1, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the contract.
ISSUE STATEMENT AND DISCUSSION:
On May 1, 2024 the City of Nevada City was awarded a Proposition 64 Public Health and Safety Grant Program Cohort 3 grant from the Board of State and Community Corrections (BSCC). The grant award Goal 2A states, “Nevada City School District will deliver a customized cannabis prevention program for all 5th and 8th graders at 7-Hills middle school and all summer school participants.” The Nevada City School District (NCSD) is currently providing the same programming through April 30, 2024 under the previous Proposition 64 Cohort 2 grant award to the city. This new contract will transition the programming to the Cohort 3 grant May 1, 2024 and running through April 30, 2028. The NCSD will be compensated at a rate of $1666.66 per month from May 1, 2024 through April 30, 2025, equivalent to $20,000 per year.
The grant award amount for the programing is $20,000 per year for five years. The new contract is for four years. Staff intends to work with NCSD to evaluate additions to the programming based upon the first three years of performance and will seek a grant modification from BSCC to award the remaining $20,000 to the NCSD in the final year of the grant period.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The total amount not-to-exceed $80,000 is reimbursable from the Prop 64 Cohort 3 grant.
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:
NCSD Contract
PROPOSITION 64 COHORT 3 GRANT AGREEMENT FOR YOUTH SERVICES EDUCATION IN RELATION TO
CANNABIS SUBSTANCEUSE PREVENTION
This Grant Agreement ("Agreement"), dated May 1, 2024 (the "Execution Date"), is between the City of Nevada City, a municipal corporation ("City"), and the Nevada City School District ("Grantee").
Background
A. In December 2022, Nevada City submitted a proposal to the Board of State and Community Corrections (BSCC) for a Cohort 3 Proposition 64 Public Health and Safety Grant. The Proposition 64 Public Health and Safety Grant Program funds local agency projects to address public health and safety matters associated with implementation of the Control, Regulate and Tax Adult Use of Marijuana Act. The City’s proposal included a partnership with the Grantee, to seek funding to provide a cannabis and other drug prevention program for 7th grade students at Seven Hills Middle School (SHMS), and for the referral of NCSD students to Bright Futures for Youth year-round (after-school/summer) programs.
B. The City's proposal was highly ranked by the BSCC Review Panel and recommended for Board funding. In May 2023, the BSCC awarded Nevada City a Cohort 3 Proposition 64 Public Health and Safety Program Grant. This State grant program requires extensive data collection and reporting requirements, maintenance of detailed accounting records, and a financial audit of the grant expenditures.
C. Through the BCSS Proposition 64 Public Health and Safety Grant, the City will partner with the Grantee and BFFY to provide referrals to Grantee programming. Referrals may also come from the School Resource Officer (SRO) and other Nevada City schools and youth organizations.
BFFY will accept up to 30 Nevada City youth into their year-round programs through this grant.
Agreement
City and Grantee enter into this Agreement for the purpose of establishing each party's rights and obligations with regard to the disbursement and expenditure of the Grant Funds (defined below) for the Authorized Activities (defined below) as follows:
1. Term. This Agreement takes effect as of May 1, 2024 and expires on April 30, 2028 (the "Expiration Date"). Either party may terminate this Agreement early by giving the other party notice in accordance withSection 10 at least 30 calendar days before the termination date set forth in the notice. In addition, this Agreement is subject to early termination with a shorter notice period under Section 9.
2. Grant Funds - Services and Budget. Grantee has been awarded a grant in the amount of not to exceed $40,000. (the "Grant Funds") solely to carry out the activities listed in Attachment 1 ("Authorized Activities") in accordance with the budget listed in Attachment 2 ("Approved Budget"). The Authorized Activities and the Approved Budget are based on compliance with the terms the Proposition 64 Grant Agreement BSCC 954-21 (the “State Grant Agreement"), a copy of which has been provided to Grantee. The State Grant Agreement is incorporated as part of this Agreement by this reference. In the event of any conflict between Attachments 1 and 2 and the State Grant Agreement, the terms of the State Grant Agreement shall control and prevail.
Grantee shall perform all services performed under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Grantee's profession in California.
Grantee shall assign only competent personnel to perform services under this Agreement. Grantee shall notify City in writing of any changes in Grantee's staff assigned to perform the services under this Agreement prior to any such performance.
Grantee shall not assign any rights or duties under this Agreement to a third party without the express prior written consent of City. Grantee agrees that the City shall have the right to approve any and all subcontractors to be used by Grantee in the performance of the Authorized Activities this Agreement before Grantee contracts with or otherwise engages any such subcontractors unless they are identified in Attachment 1. Notwithstanding the foregoing, to the extent set forth and described in the Authorized Activities, Grantee may work with collaborative service partners, which may include any entity that will share resources that impact the delivery of the services (such as school sites and other non-profit community service organizations), provided that Grantee shall ensure that it obtains all necessary permits to conduct the Authorized Services at such sites.
3. Disbursement of Grant Funds. City will disburse to Grantee the Grant Funds in accordance with the schedule and terms and conditions of the State Grant Agreement. After receipt of the required progress report and invoices, City will disburse to Grantee the Grant Funds after receipt of such funds from the State.
4. Restrictions on Use of Grant Funds. Grantee may expend the Grant Funds only for Authorized Activities, based on Attachments 1 and 2, that are provided during the Term of this Agreement, subject to the following limitations:
a. Grantee may not use the Grant Funds for: (i) its overhead, general organization, and administrative expenses which are not directly related to performing the Authorized Activities; (ii) building maintenance, utilities, and similar operating costs of a facility unless it is used primarily by the grant program participants; (iii) fundraising and lobbying activities; (iv) expenses associated with the preparation of the Proposal, negotiating the terms of this Agreement, and costs incurred prior to the Execution Date unless included in the Approved Budget; or (vi) expenses not listed in the Authorized Budget.
b. Grantee shall not adjust any line-item expenditure in the Approved Budget without the prior written approval of the City Representative listed in Section 10. Grantee shall submit requests for line-item adjustments In accordance with the notice procedures In Section 10. c. Grantee may not use the Grant Funds to supplant (displacing or replacing) funds provided by City or other entities which are held by Grantee prior to the Execution Date to provide the program services already being funded by those entities for the same youth services. d. This Section 4 will survive the expiration or termination of this Agreement.
5. Accounting and Reporting.
a. Books and Records: Grantee shall maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. [BSCC Mandatory Language]
b. Grantee shall keep all Grant Funds received under this Agreement separate from all other funds under its control.
c. Grantee shall maintain records of all matters related to this Agreement including, but not limited to, books, financial records, supporting documents, statistical records, personnel records, property records, and all other pertinent records for a minimum of three years after completion of services sufficient to reflect properly: All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in performance of this Agreement and all other matters covered by this Agreement. The records shall document all financial transactions, including but not limited to contracts, invoices, timecards, cash receipts, vouchers, canceled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges paid with the Grant Funds. Grantee shall submit to the City, at such times and in such forms as the City may require, such records pertaining to matters covered by this Agreement.
d. Grantee shall allow its records related to the services provided under this Agreement for inspection and audit by an independent auditor selected by City. Also, at City's election, the City Accounting Manager or City Auditor, at all reasonable times, may audit Grantee's books, records, and accounts to determine whether the Grantee has complied with the terms of this Agreement.
City shall have the right for any reason whatsoever to perform or cause to be performed an independent audit. Such audits may cover programmatic as well as fiscal matters. Grantee will be afforded an opportunity to respond to any audit findings, and have the responses included in the final audit report. Costs of such independent audits shall be borne by the City. This Section will survive the expiration or termination of this Agreement. e. Within the time period specified in Attachment 1 and the State Grant Agreement, Grantee shall provide City with progress reports which lists the number of youths participating in the program and other matters regarding the program as listed in the Authorized Services and the State Grant Agreement.
f. Within 60 calendar days after either completion of the Authorized Services or the Expiration Date, whichever occurs first, Grantee shall provide City with a final report that lists the program accomplishments and expenditure of the Grant Funds. Grantee's failure to provide the final report or Grantee's unauthorized use of the Grant Funds may result in the Grantee being barred from being eligible for City grant funding In future years.
g. If the independent auditor, Finance Manager (Chief Financial Officer, Assistant City Manager or similar City position) or City Auditor determines that the City Funds were expended by Grantee for uses not listed in the Authorized Budget or in violation of the restrictions listed in Section 4, upon receipt of the written demand issued by City which details the unauthorized expenditures,
6. Inspection, Monitoring,EvaluationandProgramChanges.
a. Access to Books and Records: Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project. [BSCC Mandatory Language]
b. Project Access: Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period. [BSCC Mandatory Language] c. Atany timeduringnormal business hours,andasoftenasmaybedeemed necessary, Grantee agrees thattheState, City, and/or any of their authorized representatives shall have access to and the right to examine its offices and facilities engaged in performance of services under this Agreement. No prior notice to Grantee of such inspection by State or City shall be required.
d. Grantee shall furnish all data, statements,records, information, andreports necessary for the State and City to monitor, review, and evaluate the performance of the Authorized Services.
Grantee shall cooperate withtheState and City in the conduct of any evaluation of Grantee's youth development program and services. Grantee shall further cooperate to incorporate minor modifications to the program that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. City shall have the right to request the services of an outside agent to assist in any such evaluation, which services shall be paid for by the City.
7. Non-Discrimination Clause and Civil Rights Compliance. During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. [BSCC Mandatory Language]
8. Criminal Background Check. Grantee and all of its employees, volunteers and subcontractors which will have supervisory or disciplinary authority over minors or will have direct contact with minors providing services under this Agreement are required to be fingerprinted and checked for certain types of criminal convictions before providing services per California Public Resources Code Section 5164 and California Education Code Section 10911.S. Grantee shall require its employees, volunteers and subcontractors providing services under this Agreement to minors to submit to being fingerprinted for the criminal conviction review by the State Department of Justice. City may require Grantee to submit evidence of Grantee's compliance with this requirement at any time during the Term of thisAgreement.
If any at time after the criminal conviction review process has been completed, Grantee or any of its employees, volunteers or subcontractors is arrested for a felony or misdemeanor involving moral turpitude, Grantee shall immediately notify the City Representative listed in Section 10. City may suspend the right of such person(s) to continue to provide services under this Agreement until the charges are dismissed or there is a settlement or conviction, and City may terminate this Agreement in lieu of suspension at its sole discretion.
9. Suspension and Termination. City shall have the right, at any time, to temporarily suspend Grantee's performance hereunder, in whole or in part,by giving a written notice of suspension to Grantee. If City gives such notice of suspension, Grantee shall immediately suspend its activities underthis Agreement, as specified in such notice.
This Agreement may be terminated prior to the Expiration Date by either party by giving thirty (30) days' notice to the other in writing of its intent to terminate the Agreement for its convenience. Upon such notice, Grantee shall cease any further work related to this Agreement. Nothing In this Agreement shall be deemed to be a waiver of the City's right to recover from Grantee any portion of the Grant Funds that have not been spent in accordance with this Agreement or that have not been spent as of the date of notice.
City may terminate this Agreement for breach prior to the Expiration Date if the City Manager or the City Manager's designee determines that any of the following circumstances has occurred:
a. Grantee has failed submit records when requested or improperly used the City Funds (see Sections 4 and 5);
b. Grantee has made any material misrepresentationof any nature withrespect to any information or statements furnished to City in connection with this Agreement; c. There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect Grantee's ability to implement the Authorized Services;
d. Grantee has violated the non-discrimination provisions in Section 7; e. Grantee has failed to conduct criminal background checks as provided in Section 8; f. Grantee or has failed to perform or has performed unsatisfactorily any term of this Agreement, including failure to submit the required reports and documents; or g. Grantee has completed the Authorized Services and submitted the required reports In accordance with Sections 5 and 6, so there are no further obligations by any party under this Agreement.
10. Representatives and Notices. Grantee shall assign a single program coordinator who shall have overall responsibility for the performance of this Agreement by Grantee. Should circumstances or conditions require a substitute Grantee coordinator, Grantee shall notify the City Representative identified below.
Any notice under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 10 to the persons identified below or their successors. If mailed, the notice will be effective on the second calendar day from the date it is deposited in the United States Mail addressed as set forth below with postage prepaid. A notice sent in any other manner (e.g., e-mailed or hand-delivered) will be effective or will be considered properly given when actually delivered.
If to City: City of Nevada City
317 Broad Street
Nevada City, CA 95959
Attention: City Manager
[email protected]
If to Grantee: Nevada City School District
700 Hoover Lane
Nevada City, CA 95959
Attention: Superintendent of the District
[email protected]
Any party may change its address for these purposes by giving written notice of the change to the other parties in the manner provided in this Section 10.
11. Indemnity. Grantee shall defend, hold harmless, and indemnify City and State, their officers, employees, and agents from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, "Liabilities"), including liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or In any way related to Grantee's acts or omissions under this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City and State, their officers, employees, agents, or independent contractors who are directly responsible to City or State.The provisions of thisSection11 will survive the expiration or termination of this Agreement.
12. Insurance. During the term of this Agreement, Grantee shall maintain at its sole expense insurance coverage as follows:
a. Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 0001 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Grantee, products and completed operations of Grantee, and premises owned, leased, or used by Grantee, with limits of not less than one million dollars ($1,000,000) per occurrence.
The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
b. Automobile Liability Insurance is required if Grantee provides transportation for program participants providing coverage at least as broad as ISO Form CA0001 for bodily injury, includingdeath,of oneor morepersons,property damage andpersonal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of Grantee.
No automobile liability insurance is required if Grantee certifies as follows:
"Grantee certifies that a motor vehicle will not be used In the performance of any work or services under this Agreement. If, however, Grantee requires any employees of Grantee to use a vehicle to perform services under this Agreement, Grantee understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Grantee." _______ Grantees Initials
c. Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000). No Workers' Compensation insurance shall be required if Grantee completes the following certification:
"I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance." _______ Grantees Initials
d. The Commercial General Liability and Automobile Liability policies must contain, or be endorsed to contain, the following provisions:
1. The City, its officials, employees, and agents must be covered by policy terms or endorsement as additional insureds.
2. Grantee's insurance coverage is primary insurance as respects the City, its officials, employees, and agents. Any insurance or self-insurance maintained by the City, its officials, employees, or agents is in excess of Grantee's insurance and does not contribute with it.
3. The City must be provided with 30 days' written notice of cancellation or material change in the policy language or terms.
e. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Selfinsured retentions, policy terms, or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by City in writing prior to execution of this Agreement.
f. Grantee shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements must be forwarded to the City Representative named in Section 10. Copies of policies must be delivered to City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
g. For all insurance policy renewals during the term of this Agreement, Grantee (or Fiscal Sponsor) shall send Insurance certificates reflecting the policy renewals directly to the City representative in Section 10.
h. The City may withhold payments to Grantee or terminate the Agreement if the insurance is canceled or is not renewed as required by this Section 12. i. Grantee's liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by Grantee (or Fiscal Sponsor) in connection with this Agreement.
13. Conflicts of Interest. During the Term of this Agreement, Grantee, its officers, directors, employees, and agents shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of City or that in any way hinders Grantee's performance under this Agreement.
14. Miscellaneous.
a. Compliance withApplicable Laws.Grantee shall conduct its affairs andcarry on its operations in compliance with all applicable federal, state, and local laws. Grantee must be registered and in good standing with the Registry of Charitable Trusts maintained by the California Attorney General and the corporation must be registered, active, and in good standing with the Secretary of State corporation filings.
b. Assignment. Grantee may not assign or otherwise transfer this Agreement or any interest in it without City's written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 14(b) is void. c. Successors andAssigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This Section 14{c} does not constitute the City's consent to any assignment of this Agreement or any interest in this Agreement. d. Independent Contractors. Grantee may assign employees and volunteers or contract with third parties to perform the Authorized Services at its exclusive discretion and the services of such assigned employees, volunteers and third parties shall be at the sole expense of Grantee and they shall not be entitled to any benefits payable to employees of City. e. Third Parties. This Agreement is for the sole benefit of Grantee (including its Fiscal Sponsor) and City and no other person or entity shall be entitled to rely upon, enforce, or receive any direct benefit from this Agreement.
f. NoJointVenture. It isunderstood and agreed that eachparty isan independent person, entity, or government agency and that this Agreement shall not create a relationship between City and Grantee of employer-employee, joint venture, partnership, or anyother relationship of association. Except asexpressly provided in this Agreement or as the parties may specify in writing, neither party shall have authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent. g. Interpretation and Exhibits. This Agreement is to be interpreted and applied in accordance with California law. The State Grant Agreement and Attachments 1 and 2 are part of this Agreement.
h. Waiver of Breach. Aparty's failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party's breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
i. Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable,or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable.
j. Counterparts. The parties may sign thisAgreement in counterparts, each ofwhich is considered an original, but all ofwhichconstitute the same Agreement. Facsimiles, pdfs,andphotocopies of signature pages ofthe Agreement have the samebinding effect as originals. k. Time of Essence. Time is of the essence in performing this Agreement. l. Integration and Modification. This Agreement sets forth the parties' entire understanding regarding the matters set forth above and is Intended to be their final, complete, and exclusive expression of those matters. It supersedes allprior or contemporaneous agreements, representations, and negotiations-written, oral, express, or implied-and may be modified only by another written agreement signed by bothparties.
m. Authority. Each of the signatories to this Agreement represents that he/she is authorized to sign the Agreement on behalf of such party and that all approvals, resolutions and consents which must be obtained to bind such party have been obtained that no further approvals, acts or consents are required to bind such party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:
Dated: ____________________
Nevada City School District
By:
Name:
Title:
By:
Name:
Title:
CITY OF NEVADA CITY,
A municipal corporation
_________________________
Sean Grayson, City Manager
ATTEST:
Gabrielle Christakes, Dep. City Clerk
Approved as to form:
________________________
Dean Pucci, City Attorney
ATTACHMENT 1
Authorized Activities
Authorized Services Program Delivery, Requirements
NCSD’s involvement in Nevada City’s Cohort 3 Prop 64 grant has three components:
1. Cannabis Prevention and Intervention Work by SRO.
2. A cannabis and other drug prevention program for Seven Hills Middle School (SHMS) grade 7 students.
3. Referral of NCSD students grade 5 – 8 to Bright Futures for Youth (BFFY) for inclusion in their yearround (after school and summer) programs; Description: Each component is described below.
1. Cannabis Prevention and Intervention Work by SRO
• Refer to SRO of students caught vaping/smoking cannabis, possessing, or using other drugs at school at discretion of NCSD;
• Distribute the SRO-developed cannabis prevention toolkit materials to NCSD staff in Year 2 of grant, and direct staff to SRO for questions or additional materials; • Distribute an evaluator-developed survey (to be delivered via SurveyMonkey) among school administrators and staff about the helpfulness of the toolkit.
2. Cannabis Prevention Program for SHMS students
• Hire or provide additional hours for current employee to deliver and manage the prevention program (i.e., the prevention program facilitator)
• SHMS will select and deliver a substance use prevention program for youth that emphasizes cannabis prevention and is classified as is either an evidence-based program or promising program to all 7th grade students annually at SHMS;
• Share program model and curriculum selected with the grant’s contracted evaluator; • Implement any pre/post assessments associated with the prevention program curriculum if included, and pre-post surveys developed by the evaluator; • Send all available evaluator-developed pre-post surveys to the evaluator quarterly.
3. Referrals to BFFY Year-round Programs
• Hire or provide additional hours for current employee to work with designated BFFY staff on this program component;
• Work with BFFY designated staff to improve the existing referral process for NCSD students in grades 5 – 8;
• Conduct promotional and outreach activities to increase interest in the BFFY After school/Summer Programs;
• Refer students to BFFY for enrollment in their year-round (after school/summer) youth programs.
This will involve coordinating with BFFY and completing any needed referral documentation, parent permission forms, or other student information needed by BFFY.
Quarterly, the evaluator will contact key staff to check on data collected or to arrange for data collection, check on progress and any needs or challenges with any program component. Further, it may be necessary for key staff within NCSD to meet with City Staff, and BFFY staff quarterly about the program’s progress and updates, referrals generated, and any other needs or challenges.
Data Collection and reporting
NCSD will participate in meetings or calls with Nevada City’s contracted Proposition 64 grant evaluator and any designated City staff to discuss outcomes that have been developed and for which data collection will be developed and implemented to measure attainment of outcomes. Data will be reported on an evaluator developed template quarterly. Typically, the evaluator will contact BFFY staff via email just after the end of the quarter to plan data reporting. Quarterly reports are due 45 days after the end of each quarter as shown:
Progress Report Periods Due to BSCC:
1. May 1, 2023 to June 30, 2023 August 15, 2023
2. July 1, 2023 to September 30, 2023 November 15, 2023
3. October 1, 2023 to December 31, 2023 February 15, 2024
4. January 1, 2024 to March 31, 2024 May 15, 2024
5. April 1, 2024 to June 30, 2024 August 15, 2024
6. July 1, 2024 to September 30, 2024 November 15, 2024
7. October 1, 2024 to December 31, 2024 February 15, 2025
8. January 1, 2025 to March 31, 2025 May 15, 2025
9. April 1, 2025 to June 30, 2025 August 15, 2025
10.July 1, 2025 to September 30, 2025 November 15, 2025
11.October 1, 2025 to December 31, 2025 February 15, 2026
12.January 1, 2026 to March 31, 2026 May 15, 2026
13.April 1, 2026 to June 30, 2026 August 15, 2026
14.July 1, 2026 to September 30, 2026 November 15, 2026
15.October 1, 2026 to December 31, 2026 February 15, 2027
16.January 1, 2027 to March 31, 2027 May 15, 2027
17.April 1, 2027 to June 30, 2027 August 15, 2027
18.July 1, 2027 to September 30, 2027 November 15, 2027
19.October 1, 2027 to December 31, 2027 February 15, 2028
20.January 1, 2028 to March 31, 2028 May 15, 2028
21.April 1, 2028 to April 30, 2028 June 15, 2028
Grant objectives relevant to NCSD by activity area include:
1. Cannabis Prevention and Intervention Work by SRO
Process-related Objective:
1.3 The SRO will engage youth caught consuming cannabis or other substances in schools and City Parks in evidence-based prevention/harm reduction education, with 50% provided education in Year 1 and 2; 75% in Years 3 and 4; and 100% by Year 5, as measured by program records.
2. Cannabis Prevention Program for SHMS students
Process-related Objectives:
2.1 Annually, Nevada City School District (NCSD) will deliver a customized cannabis prevention program for all 7th grade students at Seven Hills Middle School (SHMS) as measured by program records.
Outcome-related Objectives:
2.2 Participants in SHMS's cannabis prevention program will report a 10% decrease in the past 30- day rate of cannabis use and a 20% increase in perception of harm from adolescent cannabis use as measured by a pre-test and post-test (CHKS).
3. Referrals to BFFY Year-round Programs
2.3 BFFY will accept referrals from 30 Nevada City youth in its after school and summer programs from schools, the SRO, and other sources, annually as measured by referrals.
Basic Proposition 64 grant data collection is shown below.
Quarterly, NCSD will report the following data using the template provided by the evaluator. Data elements by program activity is shown below. These may be modified slightly depending on reporting requirements:
1. Cannabis Prevention and Intervention Work by SRO
• Number and grades of students referred to SRO for cannabis or other substance use or possession at school as well as the reason for referral.
2. Cannabis Prevention Program for SHMS students
• Start and end dates of cannabis prevention program for each group of students moving through the program within the 7th grade health education class;
• Total participants each quarter, by age category (12 and under; 13-17), and grade level, and gender (male, female, non-binary or other, if that information has been made available); • Pre/post surveys for participants in prevention program (evaluator-developed).
3. Referrals to BFFY Year-round Programs
• Number of students referred to BFFY After School/Summer Program with demographic information ages (12 and under or 13 – 17), gender (male, female, non-binary, other); race/ ethnicity.; • Total staff hours spent conducting outreach activities with school and other after school/summer program referral sources;
• Number and type of outreach activities each quarter.
ATTACHMENT 2
Approved Budget
Grantee “Nevada City School District” (NCSD) is approved to invoice the City $1666.66 per month for each month that Nevada City youth participate in a Grantee authorized program under the agreement from May 1, 2024, through April 30, 2028, for a total amount not to exceed of $80,000.
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 10
Subject: Consideration of a Memorandum of Understanding (MOU) Between the County of Nevada and the City of Nevada City Regarding Implementation of SB 1383.
From: Sean Grayson, City Manager
Date: March 25, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the MOU and authorize the City Manager to sign any related documents.
ISSUE STATEMENT AND DISCUSSION:
SB 1383 Regulations require cities and counties to, among other things, implement programs requiring organic waste generators and waste haulers to meet minimum standards for organic waste collection services, inspect waste containers for prohibited contamination of materials, provide education and outreach information to organic waste generators, report to CalRecycle on compliance with the SB 1383 Regulations, and maintain records of compliance with the SB 1383 Regulations. The City of Nevada City has a low population waiver from CalRecycle related to the actual collection of organic waste and other related activities, but the City is still obligated to meet the inspection and reporting requirements of SB 1383.
The City was one of the fist agencies in the State to be audited by CalRecycle for compliance with SB 1383 and other related recycling regulations. One item that is required to be addressed as a result of the audit is the inspection of specified edible food waste and organic waste generators within the City. The options include the use of specifically trained city staff or contracted services to another governmental entity. The Environmental Health Department of Nevada County provides the required inspections in the unincorporated portions of the County. The City of Grass Valley has contracted with the County since December of 2023 to provide these services within their city. After consultation with County staff it has been determined that Nevada City could contract in the same manner as Grass Valley.
Per Section 18981.2(c), the City remains ultimately responsible for compliance with the requirements of the SB 1383 Regulations as to the City’s territory and the Environmental Health Department of Nevada County is authorized to annually inspect commercial businesses in the City pursuant to Health & Safety Code sections 25511, 26250, 112040, and 114390. The Environmental Health Department will conduct the SB 1383 inspections as part of the routine annual inspections for each qualifying facility. The total number of qualifying facilities in within the Nevada City city limits is 5 plus large scale events. Each inspection takes an average of 1 hour of staff time to complete. The costs of staff time to implement this new State mandate, at this juncture, is not being charged to the facility or to the City of Nevada City. During the next year, the Environmental Health Department will continue to review and consider options for recouping the costs and the City should anticipate a future modification of the agreement to compensate the County for providing the inspections services to meet the City’s obligations.
The City of Nevada City and the Environmental Health Department of Nevada County wish to enter into this MOU to establish roles and responsibilities to implement the SB 1383 Regulations the County will assume on the City’s behalf under this MOU’s terms and conditions.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no current cost to the City in executing the MOU.
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:
Nevada County – Grass Valley MOU for SB 1383
MOU – Implementation of SB 1383 Regulations
326365.1 1
Memorandum of Understanding
Between the County of Nevada
and
the City of Nevada City
Regarding Implementation of SB 1383
This Memorandum of Understanding (“MOU”) is made this 23rd day of April, 2024 (the “Effective Date”) by and between the County of Nevada, a political subdivision of the State of California (the “County”), and the City of Nevada City, a general law city (the “City”) (collectively, the “Parties”), with respect to the following:
RECITALS
WHEREAS, Senate Bill 1383 (Chapter 395, Statutes of 2016) (“SB 1383”) requires the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025, which regulations have been finalized and are now in effect (Division 7 of Title 14 of the California Code of Regulations) (the “SB 1383 Regulations”); and
WHEREAS, the SB 1383 Regulations require cities and counties, among other things, to implement programs requiring organic waste generators and waste haulers to meet minimum standards for organic waste collection services, inspect waste containers for prohibited contamination of materials, provide education and outreach information to organic waste generators, report to CalRecycle on compliance with the SB 1383 Regulations, and maintain records of compliance with the SB 1383 Regulations; and WHEREAS, the County has adopted Ordinance No. 2504, which implements and meets the requirements of the SB 1383 Regulations; and
WHEREAS, Section 18981.2(b)(2) of the SB 1383 Regulations authorizes the City to enter into a Memorandum of Understanding (“MOU”) with the County to fulfill its responsibilities under SB 1383; and
WHEREAS, pursuant to Section 18981.2(c), the City remains ultimately responsible for compliance with the requirements of the SB 1383 Regulations as to the City’s territory; and
WHEREAS, the Environmental Health Department of Nevada County is authorized to annually inspect commercial businesses in the City pursuant to Health & Safety Code sections 25511, 26250, 112040, and 114390; and WHEREAS, the Parties wish to enter into this MOU to establish roles and responsibilities to implement the SB 1383 Regulations the County will assume on the City’s behalf under this MOU’s terms and conditions.
MOU – Implementation of SB 1383 Regulations
326365.1 2
NOW, THEREFORE, the Parties hereby agree as follows:
AGREEMENT
1. Term. This MOU shall commence on the Effective Date and remain in full force and effect until terminated as provided herein.
2. Definitions. The terms below are defined as follows and any other terms used but not defined herein shall have the meaning set forth in the SB 1383 Regulations, Section 17402 of Title 14 of the California Code of Regulations, or Section 18815.2 of Title 14 of the California Code of Regulations:
(a) “CalRecycle” or “Department” means the California State Department of Resources Recycling and Recovery.
(b) “City” means the City of Nevada City.
(c) “County” means the County of Nevada.
(d) “Edible Food” means food intended for human consumption. (e) “Generator(s)” means a person or entity responsible for the initial creation of Organic Waste.
(f) “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). “Biosolids” and “digestate” are as defined by 14 CCR Section 18982(a). (g) “SB 1383 Regulations” means Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations.
3. Responsibilities of the County.
(a) Inspections of Commercial Edible Food Generators. Beginning April 23, 2024, the County shall annually inspect Tier I Commercial Edible Food Generators, food recovery organizations, and food recovery services within the City as necessary to comply with Section 18995.1(a)(2) of the SB 1383 Regulations. The County may inspect a random sample of food recovery entities or prioritize inspections of entities it determines are more likely to be noncompliant, provided the manner of selection satisfies the SB 1383 Regulations’ requirements. Beginning April 23, 2024, the County shall also annually inspect Tier II Commercial Edible Food Generators within the City as necessary to comply with Section 18995.2(a)(2) of the SB 1383 Regulations.
The County may adjust the frequency or number of inspections from time to time in its discretion or if CalRecycle requires.
MOU – Implementation of SB 1383 Regulations
326365.1 3
(b) Inspection Reports. The County agrees to provide the City with accurate documentation and reports, compliant with SB 1383, regarding inspection services provided by the County, which shall include, but is not limited to, a list of edible food generators not in compliance with the requirements of commercial edible food generators as described in 14 Cal. Code of Reg. § 18991.3. (c) Reporting and recordkeeping. The County shall prepare and submit the reports required pursuant to Section 18992.2 of the SB 1383 Regulations on Edible Food recovery capacity planning requirements. The County shall submit the required reports in accordance with the schedule established in Section 18992.3 of the SB 1383 Regulations.
4. Responsibilities of the City.
(a) Compliance. Except for those responsibilities and requirements expressly assumed by the County pursuant to this MOU, the City shall be responsible for compliance with the SB 1383 Regulations, as applicable. (b) Sharing of information. Within 30 days of request by the County, or as soon as such information is available to the City, the City shall share with the County all data, documents, contact information for Commercial Edible Food Generators within the City, and any other information necessary for the County to fulfill its responsibilities under this MOU.
(c) Enforcement. The City shall be responsible for all
enforcement of the SB 1383 Regulations within its boundaries. The County’s role in seeking compliance with the SB 1383 Regulations will be limited to conducting inspections as specifically described in this MOU.
5. Indemnification/Hold Harmless. The County shall indemnify, defend, and hold harmless the City, its officials, consultants, agents, and employees from and against any and all losses, damages, liability, claims, suits, costs and expenses, including reasonable attorney’s fees, arising from, in connection with, or related to the County’s performance of this MOU, with the exception of matters that are based upon the gross negligent or intentional acts or omissions of the City, its officials, consultants, agents and/or employees. The City shall also indemnify, defend, and hold harmless the County, its Board of Supervisors, officials, consultants, agents, and employees from and against any and all losses, damages, liability, claims, suits, costs and expenses, including reasonable attorney’s fees, arising from, in connection with, or related to the City’s performance of this MOU, with the exception of matters that are based upon the gross negligent or intentional acts or omissions of the County, its officials, consultants, agents and/or employees.
6. Termination. The City may terminate this MOU upon 180 calendar days’ written notice to the County. Further, the County may terminate this MOU upon 365 calendar days’ written notice to the City or such shorter period as the Parties may MOU – Implementation of SB 1383 Regulations
326365.1 4
agree. Upon termination of this MOU, the Parties shall have no further obligations under this MOU.
7. Notice. During the term of this MOU, all notices shall be made in writing and either served personally, sent by first class mail, or sent by email provided confirmation of delivery is obtained promptly following email transmission, addressed as follows:
To: City City of Nevada City
Attention: City Manager
317 Broad Street
Nevada City, CA 95959
Telephone Number: 530-265-2496
Email: [email protected]
To: County Nevada County
Attention: Environmental Health Director
950 Maidu Ave. Suite 170
Nevada City, CA 95959
Telephone Number: 530-265-1411
Email: [email protected]
Each Party may change the addresses to which notice are to be given by providing the other Party written notice of such change at least 15 calendar days before the change is effective.
Service of notices shall be deemed complete on the date of receipt if personally served or if served using email provided confirmation of delivery is obtained promptly following email transmission. Service of notices sent by first class mail shall be deemed completeon the fifth calendar day following deposit in the United States Mail.
8. Governing Law and Venue. This MOU shall be governed by and construed in accordance with California law. Venue in any action arising out of this MOU shall be in the Nevada County Superior Court.
9. Amendment. This MOU and any exhibit added by amendment may be amended only by a writing signed by both Parties and any other purported amendment shall be of no force or effect. This MOU may be amended from time to time to modify its provisions and/or add responsibilities for one or both Parties.
10. Entire Agreement. This MOU and any exhibit added by subsequent amendment constitute the entire agreement between the County and the City and supersedes all prior negotiations,representations, or agreements related hereto, whether written or oral as to its subject.
MOU – Implementation of SB 1383 Regulations
326365.1 5
11. Severability. If any provision of this MOU is for any reason held invalid or unenforceable, such holding shall not affect the remaining provisions or the validity and enforceability of the Agreement as a whole.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement in duplicate on the day and year first above written.
COUNTY OF NEVADA, a political
subdivision of the State of California:
By: ___________________________
Hardy Bullock
Chair, Board of Supervisors
APPROVED AS TO FORM:
By: ___________________________
Katharine L. Elliott
County Counsel
ATTEST:
By: ___________________________
Clerk, Board of Supervisors
CITY OF NEVADA CITY, a
municipal corporation:
By: ___________________________
Sean Grayson
City Manager
APPROVED AS TO FORM:
By: ___________________________
Dean Pucci
City Attorney
ATTEST:
By: ___________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 08
Subject: Consideration of 1) Receipt of Nevada County
Transportation Commission’s (NCTC) Draft FY 2024/25
Overall Work Program (OWP) and 2) Approval of Resolution 2024-07: A Resolution of the City Council of the City of Nevada City Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2023/24 Overall Work Program.
From: Bryan McAlister, City Engineer
Date: March 25, 2024
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the overall workplan and adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The Nevada County Transportation Commission (NCTC) annually develops an Overall Work Program (OWP) outlining the scope of work and budget for various transportation planning activities. The purpose of the Fiscal Year (FY) 2024/25 OWP is:
1. To show how the Federal Planning Factors will be integrated into the OWP Work Elements.
2. To outline continuing and new activities.
3. To present a summary of the expected revenues and expenditures for the fiscal year.
A final OWP will be considered by the NCTC at their May 2024 meeting. A summary of the Draft FY 2024/25 Overall Work Program is attached to this report.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The Draft OWP includes a summary of projected revenues and expenditures for FY 2024/25.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution No. 2024-07 Approving the Projects Proposed for Inclusion in the Nevada County Transportation Commission’s FY 2024/25 Overall Work Program NCTC Draft FY 2024/25 Overall Work Program for Nevada City Memo to City of Nevada City Proposed Projects FY 24/25 OWP 03-20-24 RESOLUTION NO. 2024-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY APPROVING THE PROJECTS PROPOSED FOR INCLUSION IN THE NEVADA COUNTY TRANSPORTATION COMMISSION’S FY 2024/25
OVERALL WORK PROGRAM
WHEREAS, on November 21, 1991, the City Council authorized the Mayor to execute a Memorandum of Understanding on behalf of the City of Nevada City with the Nevada County Transportation Commission relating to regional transportation planning; and
WHEREAS, in accordance with the above referenced Memorandum of Understanding, the Nevada County Transportation Commission has submitted the projects to be included in its FY 2024/25 Overall Work Program for the review and approval of the Council of the City of Nevada City.
BE IT RESOLVED by the City Council of the City of Nevada City, as follows:
1. That the Council hereby acknowledges its approval of the projects proposed for inclusion in the FY 2024/25 Overall Work Program of the Nevada County Transportation Commission as submitted.
2. That the Council encourages the Nevada County Transportation Commission to continue its efforts to coordinate the regional transportation planning process and to work closely with the staff of the City of Nevada City to identify and resolve issues that are of common concern.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City held on the 10th day of April, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Daniela Fernández, Mayor
ATTEST:
________________________________
Gabrielle Christakes, Deputy City Clerk
Nevada County
Transportation Commission
2024/25 Overall Work Program
Draft – March 20, 2024
TABLE OF CONTENTS
Page
NCTC MISSION STATEMENT............................................................................................I-1 NCTC ORGANIZATION FLOW CHART .........................................................................I-2 OVERALL WORK PROGRAM INTRODUCTION .........................................................I-3 WORK ELEMENT 1 – COMMUNICATION AND COORDINATION...............................1 Project 1.1 General Services and Communication..............................................................2 Project 1.2 Fiscal Administration........................................................................................3 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING ............................5 Project 2.1 Transportation Planning...................................................................................8 Project 2.1.1 Nevada County Regional Transportation Plan Update..................................10 Project 2.2 Transportation Improvement Programs.........................................................12 Project 2.3 Transit and Paratransit Programs...................................................................13 Project 2.3.3 Eastern Nevada County Transit Development Plan.......................................15 Project 2.4 Coordination of Regional Planning ...............................................................16 Project 2.4.1 Local Road Safety Plan .........................................................................................19 Project 2.4.2 Airport Land Use Commission Planning and Reviews .................................20 Project 2.4.3 Zion St. Mobility/School Access Study.................................................................21 Project 2.4.4 Rural Counties Task Force Rural Induced Demand Study…........................22 Project 2.4.5 Rural Counties Task Force & CARL Administration...........................................24 Project 2.4.6 Zero Emission Vehicle Transition Plan for County of Nevada ..........................25 WORK ELEMENT 3 - CALTRANS ACTIVITIES WITH NCTC......................................27 Glossary of Terms and Acronyms ...........................................................................................28 BUDGET TABLES:
TABLE 1 Budget Summary............................................................................................B-1 TABLE 2 Direct Costs....................................................................................................B-2 TABLE 3 Indirect Costs.................................................................................................B-3 TABLE 4 Revenues…........................................................................................................B-4 TABLE 5 Expenditures.......................................................................................................B-5 TABLE 6 Budget Detail .................................................................................................B-6 I-1
NEVADA COUNTY TRANSPORTATION COMMISSION
CREATING A BETTER FUTURE BY BUILDING UPON SUCCESSES OF THE PAST
MISSION STATEMENT
The mission of the Nevada County Transportation Commission is to plan, communicate, and coordinate with the citizens and decision makers of Grass Valley, Nevada City, Nevada County, Town of Truckee, and with Caltrans to identify transportation needs, propose solutions, and assist in implementing projects to create a balanced regional transportation system, while protecting the rural qualities and historic character of Nevada County.
Activities to Achieve the Mission Include, But are not Limited to, the Following:
NCTC develops a Regional Transportation Plan (RTP) which includes the actions, funding recommendations, and policy direction necessary to meet the needs of each transportation system component in the region.
NCTC interacts with the community through workshops, news media outlets, the NCTC website, and through social media platforms.
NCTC develops and adopts a Regional Transportation Improvement Program (RTIP) that is consistent with the RTP.
NCTC conducts a comprehensive planning process in the development of its annual Overall Work Program so that funds expended on planning projects will implement the goals of the RTP. NCTC reviews transportation plans and programs of member agencies and endorses them based on consistency with the RTP and RTIP. In keeping with this responsibility, NCTC strives to be creative in assisting the region in developing the revenues to construct improvement projects. NCTC communicates and participates in workshops with Caltrans on proposed projects to be developed in the County of Nevada to ensure that the policies and goals of the RTP are implemented. NCTC coordinates with regional transportation planning agencies on legislation and statewide policy issues to ensure the region receives appropriate attention and funding from the State of California and the Federal government.
NCTC participates in interregional planning projects to ensure Nevada County projects support both regional and statewide transportation goals.
NCTC administers Transportation Development Act funds to ensure all statutory requirements are met, including the identification of the region's transit needs. NCTC manages Regional Surface Transportation Program funds, Regional Transportation Mitigation Fee funds, Congestion Mitigation and Air Quality Improvement Program funds, Carbon Reduction Program, and Regional Improvement Program funds in accordance with Federal acts and statutes promulgated by the State of California, selecting and funding eligible transportation improvement projects based upon those that are most effective and beneficial to the region.
I-2
Nevada County Transportation Commission
Organization Flow Chart
Nevada County Transportation Commission (NCTC)
NCTC is a Regional Transportation Planning Agency (RTPA) created pursuant to Title 7.88 of the State of California Government Code, Section 67920. As the RTPA for Nevada County, NCTC coordinates transportation planning for Grass Valley, Nevada City, Nevada County, and the Town of Truckee. The NCTC board has seven members. Four members are appointed by the Board of Supervisors and three are appointed by the incorporated municipalities in the County. The Board of Supervisors appoints two of its members and two County at-large representatives. The municipalities appoint three city/town council members; one each from Nevada City, Grass Valley, and the Town of Truckee.
Technical Advisory Committee (TAC)
The TAC is made up of representatives of public transit operators, local public works and planning departments, public airport operators, the air pollution control district, and Caltrans. The Committee provides technical input on transportation issues and ensures there is coordination and cooperation in the transportation planning process.
Social Services Transportation Advisory Council (SSTAC) The SSTAC is made up of potential transit users who are representatives of the general public; seniors and/or disabled; social service providers for seniors, disabled, and persons of limited means; local social service and consolidated transportation providers; and Truckee residents who represent the senior and Latino communities. The goal of the SSTAC is to maintain and improve transportation services to the residents of Nevada County, particularly the underserved and under-represented members of the community, such as the elderly and disabled. The SSTAC recommends action to the Commission relative to the unmet transit needs findings, and advises the Commission on transit issues, including coordination and consolidation of specialized transportation services.
Airport Land Use Commissions (ALUCs)
The Nevada County Transportation Commission has been designated as the Airport Land Use Commission for the Nevada County Airport and provides staff for the Truckee Tahoe ALUC. The purpose of Airport Land Use Commissions is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within the areas around the airports, to the extent that these areas are not already devoted to incompatible uses.
Nevada County Demographics
As of January 1, 2023, the population of Nevada County was estimated at 100,720. The largest municipality is Truckee with a population of 16,676, followed by Grass Valley at 13,488 and Nevada City at 3,342. The population of the unincorporated portion of the County was 67,214. The Race and Ethnicity data for Nevada County on Census.gov reported the racial makeup of the county as 83.7% White, followed by 10.2% Hispanic, 1.4% Asian,
1.0% Native American, 0.4% Black or African American, 0.1% Native Hawaiian and Pacific Islander, and 3.4% Some Other Race. The data at Census.gov indicates that 11% of the population was below the poverty level.
OVERALL WORK PROGRAM INTRODUCTION
NCTC annually adopts a budget through the preparation of an Overall Work Program (OWP). This work program includes specific “Work Elements” that describe the planning projects and associated activities that are to be conducted, and identifies the type of funds that will pay for the expenditures, such as Rural Planning Assistance (RPA), Local Transportation Funds (LTF), Regional Surface Transportation Program (RSTP), Planning, Programming, and Monitoring (PPM), or Federal Transit Administration (FTA). A Memorandum of Understanding (MOU) between NCTC, the Cities of Grass Valley and Nevada City, the Town of Truckee, and the County of Nevada provides the framework for NCTC’s coordination of regional transportation planning with local governments in Nevada County. The Commission staff prepares a draft OWP and in accordance with the MOU, solicits and integrates comments from each of the jurisdictions. The proposed work program is then submitted to the Commission for approval and forwarded to Caltrans. Caltrans, as the grantor of Rural Planning Assistance funds and Federal Transit Assistance funds, approves the OWP. The budget reflects the on-going regional transportation planning process in Nevada County. Major concerns of each of the jurisdictions and Caltrans are reflected in the elements and levels of funding. The OWP is updated each year to report on the progress of identified projects, propose new or continuing projects for the ensuing year, and to provide an estimate of the required funding of the OWP work elements.
Public Participation
Public involvement is a major component of the transportation planning and programming processes. NCTC makes a concerted effort to solicit public input from all Nevada County residents, including under- represented groups, in many aspects of transportation planning within Nevada County. Specific examples are listed below:
• NCTC maintains a website (www.nctc.ca.gov), a Facebook page, and a Twitter account to keep the public informed of transportation planning and programming efforts underway in Nevada County. Agendas are posted on the bulletin boards of local jurisdictions and emailed to mobile home parks, residential homeowners associations, senior centers, environmental advocates, associations representing the private sector, and individuals that have asked to be included on the distribution list. Citizens are encouraged to attend and speak at NCTC meetings on any matter included for discussion on the agenda at that meeting. • Articles on the preparation of the Regional Transportation Plan (RTP) and Regional Transportation Improvement Program (RTIP), as well as the public comment periods, are posted on the NCTC website. • Copies of the Draft RTP are made available for review at the main public libraries in western and eastern Nevada County, as well as on the NCTC website.
• Press releases are sent to the media establishments in western and eastern Nevada County announcing the Draft RTP is available for review and comment and noting some key findings. • Public hearings are held and noticed in the main newspapers in western and eastern Nevada County prior to adoption of the RTP and RTIP.
• Each year public notifications are sent out to encourage participation in transportation planning processes, such as the annual unmet transit needs public hearing and numerous public workshops relating to the transportation projects and planning activities of NCTC.
• In accordance with AB52, NCTC conducts outreach and Tribal Consultation on any projects for which NCTC is lead agency and files a Notice of Preparation, Notice of Mitigated Negative Declaration or Notice of Negative Declaration. While there are currently no federally recognized tribes located within Nevada County, NCTC consults with the Native American Heritage Commission to identify Native American tribal organizations with historic or cultural interests regarding lands in Nevada County. These groups include but are not limited to the Nisenan of the Nevada City Rancheria and United Auburn Indian Community (UAIC). • NCTC consults with USDA Forest Service Tahoe National Forest and Bureau of Land Management.
I-3
Regional Issues, Needs, and Goals
The main transportation issues in western Nevada County are related to providing adequate multimodal transportation infrastructure and services to meet the needs of the County, while maintaining and enhancing the rural character and environmental qualities of the area. In western Nevada County, interregional traffic adds to the existing challenge and need to maintain and improve the transportation system.
In eastern Nevada County, the issues also stem from the challenges to meet the needs related to the high volumes of traffic generated by travelers taking advantage of the world-class recreational opportunities available in the TruckeeNorth Tahoe area. In addition to discretionary recreation demand travel, high housing costs have increased daily commuter trips into and out of the Truckee/North Tahoe region. To address these issues requires a multimodal and multijurisdictional approach to transportation planning in the region.
Acquiring adequate and timely funding for transportation improvements is the central need within all of the Nevada County issues. Implementation of highway and regional roadway improvements will be key to providing efficient operations, while improving safety and air quality. The 2020 Census reported that approximately 28.5% of the county population was over 65 years of age, between 2010 and 2020 that population increased from 19.6% to 28.5%, and it is projected that by 2030 this population is expected to increase to over 40%. As the population of residents over the age of 65 increases, it will result in increased demand for public transit services in Nevada County. Additional local, state, and federal transit operating and capital revenues, will be necessary in order to meet the additional demand placed on the public transit systems.
Transportation issues facing Nevada County which have been identified as regionally significant include the following:
• Insufficient state, federal, and local transportation revenues • Air quality/greenhouse gas emission reductions
• Coordination of land use, air quality, and transportation planning • Providing and maintaining a transportation system that enhances safety, the efficient movement of all people, goods, services, and information, and environmental quality • Efficient implementation of new technologies, including zero-emission bus fleets and charging technology
• High cost of housing and short-term rentals increasing commute trips and distances • Improvements to the regional transportation system to ensure safe and efficient emergency evacuation
Recognition of these issues leads to the overall goal of the Regional Transportation Plan, which is to provide and maintain a transportation system that enhances safety, the efficient movement of all people, goods, and services, and environmental quality. In the Policy Element this overarching goal is divided into the following four goals:
1) Provide for the safe and efficient movement of all people, goods, services, and information; 2) Reduce adverse impacts on the natural, social, cultural, and historical environment and the quality of life;
3) Develop an economically feasible multimodal transportation system; 4) Create and maintain a comprehensive, multi-modal transportation system to serve the needs of the County.
I-4
The following list of projects and planning efforts indicates progress made toward implementing the goals of the Regional Transportation Plan:
• Support of ongoing operation of Nevada County Connects, Truckee Tahoe Area Regional Transit, and associated paratransit services
• SR 49-La Barr Meadows Road Signalization and Widening project, constructed 2013 • SR 20/49 Dorsey Drive Interchange project, constructed 2014 • SR 49 Bicycle and Pedestrian Improvement project, constructed 2014 • SR 49 Signal Pre-emption, programmed 2012 STIP, constructed 2015/16 • SR 89 “Mousehole” Grade Separation, programmed 2012 STIP, constructed 2015/16 • Northeast Grass Valley Sidewalk Improvements, constructed 2015/16 • Newtown Road Class II/III Bike Lanes, constructed 2016/17 • Nevada County Active Transportation Plan, 2018/19
• SR 49 Multimodal Corridor Plan, 2019/20
• SR 174/20 Intersection Analysis, 2019/2020
• NCTC Travel Demand Model Update, 2019/20
• Town of Truckee Transit Center Relocation Feasibility Study, 2020/21 • Western Nevada County Transit Development Plan 2021/22 • SR 49 Comprehensive Multimodal Corridor Plan 2021/22
• SR 49-La Barr Meadows to McKnight Way, Environmental Impact Report 2021/22, Plans, Specifications, and Estimates 2023/24
• SR-49 Interstate 80 to McKnight Way Safety Needs Assessment 2021/22 • Ready Nevada County Extreme Climate Event Mobility and Adaptation Plan, 2021/22 • Legacy Trail – Brockway Multi-use Path, Construction 2021/22 • Legacy Trail Phase 4, Plans, Specifications, and Estimate, 2021/22 • Church Street Extension and Trout Creek Restoration, Plans Specifications, and Estimates 2021/2022 • Truckee Railyard Mobility Hub, Right of Way Acquisition, Plans Specifications, and Estimate, 2022/23 • West River Streetscape Improvement Project, Plans, Specifications, and Estimate, 2022/23 • Town of Truckee Microtransit Feasibility Study 2022/23 • Coldstream/I-80 Off Ramp Roundabout, Construction 2022/23 • SR 20 Omega Curve Correction, Planning, Environmental, and Design completed. Construction completion target: Winter 2025.
• SR 49 Multi-modal Corridor Improvement Project was awarded $13.8 million from the Active Transportation Program, 2022/23. Construction to begin FY 2026/27. • SR 174/49/20 Roundabout and Active Transportation Safety Project was awarded $5.4 million from the Active Transportation Program, 2022/23. Construction to begin FY 2026/27. • SR 49 Corridor Improvement Project: 2023/24 - $14.6 million awarded of Trade Corridor Enhancement Program (TCEP) funding for southbound improvements between McKnight Way Interchange and La Barr Meadows Road. Construction to begin FY 2025/26.
• SR 49 Grass Valley Wildfire Evacuation Route Project: 2023/24 - $35 million awarded of Local Transportation Climate Adaptation Program (LTCAP) funding. Construction to begin FY 2025/26.
I-5
Federal Planning Factors:
As shown in the chart below, the Federal Planning Factors have been integrated into NCTC’s FY 2024/25 OWP:
1. Support the economic vitality of the region, especially by enabling global competitiveness, productivity, and efficiency.
2. Increase the safety of the transportation system for motorized and non-motorized users.
3. Increase the security of the transportation system for motorized and non-motorized users.
4. Increase the accessibility and mobility of people and for freight.
5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns.
6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight.
7. Promote efficient system management and operation.
8. Emphasize the preservation of the existing transportation system.
9. Improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.
10. Enhance travel and tourism.
Planning Factors WE
1.1 WE
1.2 WE
2.1 WE
2.1.1 WE
2.2 WE
2.3 WE
2.3.3 WE
2.4 WE
2.4.1 WE
2.4.2 WE
2.4.3 WE
2.4.4 WE
2.4.5 WE
2.4.6 Economic Vitality X X X X X X X X X
Safety X X X X X X X X X X X X
Security X X X X X X X X X
Accessibility X X X X X X X X X X
Environment X X X X X X X X X X X
Connectivity X X X X X X X X X X
System Management &
Operation X X X X X X X X X X X X X X
Preservation X X X X X X X X X X
Resiliency & Reliability X X X X X X X X X X X
Travel & Tourism X X X X X X X X
I-6
NCTC 2024/25 Overall Work Program – DRAFT March 2024 1
WORK ELEMENT 1 - COMMUNICATION AND COORDINATION
Public involvement is a major component of NCTC's planning process. The activities and products from Project 1.1, General Services and Communication, are intended to provide the public with complete information and timely notices, thereby giving full public access to key decisions.
Work Element 1 incorporates the following activities that are an integral part of accomplishing NCTC's Mission:
NCTC interacts with the community through workshops, news media outlets, NCTC webpage, and social media platforms.
NCTC conducts a comprehensive planning process in the development of its annual Overall Work Program so that funds expended on planning projects will implement the goals of the RTP.
NCTC has the statutory responsibility to administer Transportation Development Act (TDA) funds, and to ensure that all expenditures of TDA funds are in conformity with the Regional Transportation Plan (RTP). NCTC also administers funds received from the Regional Surface Transportation Program (RSTP) and the Regional Transportation Mitigation Fee (RTMF) program. The work performed under Project 1.2, Fiscal Administration, has been incorporated into the NCTC Mission as follows:
NCTC administers Transportation Development Act funds to ensure all statutory requirements are met, including the identification of the region's transit needs. NCTC manages Regional Surface Transportation Program funds, Regional Transportation Mitigation Fee funds and Regional Improvement Program funds in accordance with Federal acts and statutes promulgated by the State of California, selecting and funding eligible transportation improvement projects based upon those that are most effective and beneficial to the region.
Through communication, collaboration, and public outreach activities, Work Element 1 incorporates the ten Federal Planning Factors (see page I-5) into the NCTC planning program.
Information and data developed through these activities are included in the Regional Transportation Plan and in transit planning documents.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 2
WORK ELEMENT 1 - COMMUNICATION AND COORDINATION (continued) Project 1.1 - General Services and Communication
Purpose: Conduct communication and public outreach activities. Provide administrative and financial support for the operation of the Nevada County Transportation Commission and its advisory committees through the activities listed below.
Additional/Continuing Work:
• Public information and outreach activities (LTF)
• Preparation of agendas, minutes, notices, and correspondence (LTF) • Track legislation pertinent to the transportation planning process (LTF) • Technical Advisory Committee (TAC) activities (LTF)
• Provide staff services to SSTAC (LTF)
• Personnel administration (LTF)
• Maintain and update the NCTC website (LTF)
• Office lease (LTF)
• Purchase equipment (LTF)
• Maintain the Commission's office and equipment (LTF)
• Press releases and social media platforms (LTF)
• Reports on legislative measures and monitor legislation that impacts transportation planning. (LTF) • Update Conflict of Interest Code (LTF)
• Update DBE Program (LTF)
• Coordination with public safety agencies regarding the safety and security of the transportation system (LTF)
• Coordinate implementation of projects in the Regional Transportation Mitigation Fee (RTMF) Program. (LTF)
• Work with Nevada County, Grass Valley, and Nevada City to implement projects included in the multi-year Congestion Mitigation Air Quality (CMAQ) project listing. (LTF) • Apply for FTA planning grants. (LTF)
• Annual Legislative Platform (LTF)
Products:
• Documentation of Commission and/or TAC meetings (Bimonthly) • Executive Director's Reports (Bimonthly)
• Personnel reviews (Annual)
• FTA Section 5311 Program of Projects (Mar 25)
Budget 1.1
Revenues:
LTF $310,249.93
LTF Carryover $29,812.07
RTMF $7,500.00
Total $347,562.00
Expenditures:
Staff $244,762.41
Indirect $45,799.60
Consulting $57,000.00
Total $347,562.00
Totals may not equal addition of amounts in columns due to rounding.
Indirect costs are paid with local funds (see Budget Table 5).
NCTC 2024/25 Overall Work Program – DRAFT March 2024 3
WORK ELEMENT 1 - COMMUNICATION AND COORDINATION (continued) Project 1.2 - Fiscal Administration
Purpose: Administer funds held by NCTC in accordance with the provisions of the TDA Guidelines and State and Federal requirements through the activities listed below.
Previous Work:
• Develop and oversee Overall Work Program and annual budgets • Oversee fiscal and performance audits, as required
• Provide assistance to claimants in completing claims and resolving audit findings and/or recommendations
• Preparation of State Controller's Annual Report
• Annual "Unmet Transit Needs" public hearing (SSTAC)
• Preparation of monthly financial reports
• Review and process claims for TDA funds
• Reports to Caltrans regarding FTA grants and RPA funds • Update transportation/transit claim guidelines and forms • Administer the Regional Surface Transportation Program • Accounting/payroll
• Coordination of community transit services and funding with Consolidated Transportation Service Agencies
• Triennial Performance Audit for FYs 2018/19, 2019/20, and 2020/21 Additional/Continuing Work:
• Develop and oversee Overall Work Program and annual budgets (LTF) • Oversee fiscal and performance audits, as required (LTF) • Provide assistance to claimants in completing claims and resolving audit findings and/or recommendations (LTF)
• Preparation of State Controller's Annual Report (LTF) • Annual "Unmet Transit Needs" public hearing (LTF)
• Preparation of monthly financial reports (LTF)
• Review and process claims for TDA funds (LTF)
• Reports to Caltrans regarding FTA grants and RPA funds (LTF) • Update transportation/transit claim guidelines and forms (LTF) • Administer the Regional Transportation Mitigation Fee Program (RTMF) • Administer the Regional Surface Transportation Program (LTF) • Accounting/payroll (LTF)
• Coordination of community transit services and funding with Consolidated Transportation Service Agencies (LTF)
• Administer Federal Transit Administration revenues (5311, Cares Act, and CRRSAA) (LTF) Products:
• Closeout FY 202324 OWP (Sept 24)
• Manage FY 2024/25 Overall Work Program (July 24-June 25) • State Controller’s Annual Report (Dec 24)
• Findings of Apportionment (Feb 25)
• Draft FY 2025/26 Overall Work Program (Mar 25)
• Final FY 2025/26 Overall Work Program (May 25)
NCTC 2024/25 Overall Work Program – DRAFT March 2024 4
WORK ELEMENT 1 - COMMUNICATION AND COORDINATION (continued) • Completed Fiscal and Compliance Audit (Mar 25)
• Accounting Reports/Payroll/Payment Authorizations/Tax Reports (Ongoing) • Financial reports (Monthly)
• Triennial Performance Audit for FYs 2021/22, 2022/23, and 2023/24 (May 2025) Budget 1.2
Revenues:
LTF $437,287.18
Total $437,287.18
Expenditures:
Staff $277,804.75
Indirect $51,982.43
Fiscal Audits $57,500.00
Triennial Performance Audit $50,000.00
Total $437,287.18
Totals may not equal addition of amounts in columns due to5 rounding Indirect costs are paid with local funds (see Budget Table 5).
NCTC 2024/25 Overall Work Program – DRAFT March 2024 5
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING
NCTC has the responsibility to prepare and adopt a Regional Transportation Plan (RTP) directed to the achievement of a coordinated and balanced regional transportation system. The plan is to be action-oriented and pragmatic, considering both the short-and-long term future, and is to present clear, concise policy guidance to local and state officials. Projects 2.1 (Transportation Planning),
2.1.1 (Nevada County Regional Transportation Plan Update), 2.2 (Transportation Improvement Programs), 2.3 (Transit and Paratransit Programs), and 2.4 (Coordination of Regional Planning), are tied to the NCTC Mission by the following activities:
NCTC develops a Regional Transportation Plan (RTP) which includes the actions, funding recommendations, and policy direction necessary to meet the needs of each transportation system component in the region.
NCTC develops and adopts a Regional Transportation Improvement Program that is consistent with the RTP.
NCTC reviews transportation plans and programs of member agencies and endorses them based on consistency with the RTP and RTIP. In keeping with this responsibility, the NCTC strives to be creative in assisting the region in developing the revenues to construct improvement projects.
NCTC communicates and participates in workshops with Caltrans on proposed projects to be developed in the County of Nevada to ensure that the policies and goals of the RTP are implemented.
NCTC coordinates with regional transportation planning agencies on legislation and statewide policy issues to ensure the region receives appropriate attention and funding from the State of California and the Federal government. NCTC participates in interregional planning projects to ensure Nevada County projects support both regional and statewide transportation goals.
The following activities and products included in Work Element 2 are appropriate uses of Rural Planning Assistance Funds:
Participate in Federal and State Clean Air Act transportation related air quality planning activities. (Projects 2.1 and 2.2)
Develop and/or modify tools that allow for better assessment of transportation impacts on community livability and emergency preparedness (e.g. integration of GIS and census data into the regional traffic model and development of performance measurement tools and strategies). (Projects 2.1 and 2.4)
Identify and document transportation facilities, projects, and services required to meet the regional and interregional mobility and access needs. (Projects 2.1, 2.2, and 2.3) Define solutions and implementation issues in terms of the multimodal transportation system, land use and economic impacts, financial constraints, air quality and environmental concerns (including wetlands, endangered species, and cultural resources). (Projects 2.1 and 2.2) Assess the operational and physical continuity of transportation system components within and between metropolitan and rural areas, and interconnections to and through regions. (Projects
2.1, 2.3, and 2.4)
NCTC 2024/25 Overall Work Program – DRAFT March 2024 6
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Conduct transit needs public hearings and prepare transit development plans and transit marketing plans as appropriate. (Project 2.3)
Investigate methods to reduce vehicle travel and methods to expand and enhance travel services. (Projects 2.3 and 2.4)
Incorporate transit and intermodal facilities, bicycle transportation facilities, and pedestrian walkways in projects where appropriate. (Projects 2.1, 2.2 and 2.3) Participate with regional, local and state agencies, the general public, and the private sector in planning efforts to identify and implement policies, strategies, programs and actions that maximize and implement the regional transportation infrastructure. (Projects 2.1, 2.2, 2.3, and
2.4)
Conduct collaborative public participation efforts to further extend transportation planning to communities previously not engaged in discussion. (Project 2.1 and 2.3) Create, strengthen, and use partnerships to facilitate and conduct regional planning activities between Caltrans, RTPAs, Metropolitan Planning Organizations (MPOs), transit districts, cities, counties, the private sector, and other stakeholders. (All WE 2 Projects) Use partners to identify and implement policies, strategies, programs and actions that enhance the movement of people, goods, services, and information. (Projects 2.1 and 2.3) Ensure that projects developed at the regional level are compatible with statewide and interregional transportation needs. (Projects 2.2 and 2.4) Conduct planning and project activities (including corridor studies, and other transportation planning studies) to identify, develop, and monitor current and future STIP projects. (Projects
2.1 and 2.2)
Implement ways to meet transportation needs by using existing transportation facilities more efficiently. Encourage owners and operators of transportation facilities/systems to work together to develop operational objectives and plans maximizing utilization of existing facilities. (Projects 2.1, 2.3 and 2.4)
Document environmental and cultural resources and develop and improve coordination between agencies using Geographic Information Systems (GIS), Intelligent Transportation Management Systems (ITMS), and other computer-based tools. (Projects 2.1 and 2.4) Work Element 2, Regional Transportation Planning, incorporates the ten Federal Planning Factors into the NCTC planning program (see page I-6).
Monitoring safety and operational data of transportation facilities and services in Projects 2.1 and
2.3 will aid NCTC efforts to incorporate “safety” and “security” within the planning process.
Through expanded Technical Advisory Committee meetings, transportation planning will be coordinated with emergency preparedness plans in the region. Systems management and operational data will be used to identify opportunities to increase transit ridership and develop operational improvements for regional transportation facilities. Management and operations data will also be key components in guiding capital investment plans for regional transportation system facilities and services. Planning activities will include coordination with nonemergency human service transportation providers. NCTC will also provide information to regional transit operators to ensure appropriate safety, security, and operational training opportunities are provided.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 7
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) In January 2024, NCTC in coordination with Nevada County Transit submitted an application to the FY 2024/25 Caltrans Strategic Partnership – Transit Planning Grant program to fund a Comprehensive Operational Analysis (COA). The planning study will comprehensively review the existing transit services offered in western Nevada County and identify areas of opportunity to transition to alternative operating models to provide greater system efficiency and ridership benefits. Caltrans anticipates the award announcement to be released in the Summer of 2024. If NCTC is awarded grant funding the planning project will be amended into NCTC’s FY 2024/25 Overall Work Program.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 8
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1 - Transportation Planning
Purpose: Regional planning and implementation, monitoring the regional transportation system, and implementation of the Regional Transportation Plan through the activities listed below. • Update travel demand models and circulation plans.
• Coordinate the RTP with Caltrans planning documents.
• Coordinate the RTP with county, town, and city general plans. • Complete planning studies on projects in the RTP to be programmed in the RTIP. • Plan and coordinate local, regional, state, and federal funding for RTP projects (e.g., RTMF, STIP, RSTP, SHOPP, CMAQ, and federal grants).
Previous Work:
• Update travel demand model to address new Vehicle Miles Traveled (VMT) requirements. (Consultant)
• Development of regional transportation models. (Consultant) • Development of the Regional Transportation Mitigation Fee program. (Consultant) • Assist member agencies with review and update of transportation capital improvement programs (CIPs) and master plans.
• Incorporate local agency transportation CIPs and master plans into the RTP and RTIP as appropriate.
• Update traffic model land use files.
• Participate in updates of Nevada County, Truckee, Grass Valley, Nevada City General Plans. • Conduct and update planning studies as needed for regional projects identified by NCTC, TAC, and member agencies.
• Analyze alternative growth scenarios and report on related infrastructure needs and costs. • Identify Right-of-Way needed for future transportation projects. • Conduct technical studies necessary to support policies and projects included in the RTP. • Work with Nevada County's GIS staff to ensure the following airport information is included in the GIS database: airport locations, airport boundaries, noise contours, airport influence area, and ground access routes to airports.
• Participated in the update of Town of Truckee General Plan Additional/Continuing Work:
• Monitor implementation of the Comprehensive Multimodal Corridor Plan (CMCP) recommendations. (NCTC) (RPA, LTF, & PPM) • Solicit input from citizens and transportation stakeholders, including the Native American community, disadvantaged communities, and agencies regarding transportation issues. (NCTC) (RPA & LTF)
• Update capital improvement needs lists. (NCTC) (RPA, LTF & PPM) • Coordinate with the Town of Truckee’s update of the Trails Master Plan (RPA) • Work with Northern Sierra Air Quality Management District (NSAQMD) to determine air quality impacts of regional transportation plans and improvement programs. (NCTC) (RPA & LTF)
• Participate with NSAQMD, Caltrans, and other agencies in planning related to Federal 8-hour ozone standards. (NCTC) (RPA & LTF)
• Develop information to evaluate goods movement impacts on the region'stransportation system and consider air quality issues related to goods movement. (NCTC) (RPA, LTF, & PPM) • Update Highway Performance Monitoring System (HPMS) data. (NCTC) (RPA, LTF, & PPM) NCTC 2024/25 Overall Work Program – DRAFT March 2024 9
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1 - Transportation Planning (continued)
• Coordinate with public safety agencies. (NCTC) (RPA & LTF) • Local participation in regional planning and updating traffic counts (NCTC, Grass Valley, Nevada City, Town of Truckee, Nevada County) (RPA)
• Monitor existing traffic conditions and safety data. (NCTC) (RPA & LTF) Coordinate with Caltrans to develop and implement performance measures in the regional planning process. (NCTC) (RPA & LTF)
• Coordinate with Northern Sierra Air Quality Management District (NSAQMD) and California Air Resources Board (CARB) to assist in development of the Statewide Implementation Plan (SIP) for western Nevada County. (NCTC) (RPA & LTF)
• Review and compare the California State Transportation Agency Final Climate Action Plan for Transportation Infrastructure (CAPTI) to the RTP policies, regional needs, and projects to determine if the projects align with proposed investment strategies. (NCTC) (RPA & LTF) • When developing regional transportation projects and updating planning documents, NCTC will consider and incorporate transit services, intermodal facilities, and pedestrian bicycle facilities whenever appropriate. (NCTC) (RPA & LTF)
• Planning activities related to CMAQ program including preparation and releasing of call for projects, review and ranking applications, project selection, and programming. (NCTC) (RPA & LTF)
• Coordinate review of safety and design concerns of state highway projects. (NCTC) (RPA,
LTF, & PPM)
• Identify and analyze issues relating to integration of regional transportation and community goals and objectives in land use, housing, economic development, social welfare and environmental preservation. (NCTC) (RPA & LTF)
• SB743 VMT Forecasting Tool and Web Hosting. (NCTC/Consultant) (LTF) • Analyze climate related impacts to the transportation system and identify strategies to address resiliency. (NCTC) (RPA & LTF)
Products:
• Documentation of Air Quality Conformity Process (As Needed) • Traffic count updates (Annual)
• Reports on new issues and projects to be included in the RTP (Annual) • Progress reports on project planning activities (Bimonthly) Budget 2.1
Revenues:
LTF $262.96
LTF Carryover $28,197.36
RPA Formula $39,737.04
STIP Planning PPM $71,772.53
Total $139,969.89
Expenditures:
Staff $42,348.77
Indirect $17,621.13
Transportation Eng $40,000.00
Local Agency $30,000.00
Traffic Counts $10,000.00
Total $139,969.89
Totals may not equal addition of amounts in columns due to rounding Indirect costs are paid with local funds (see Budget Table 5).
NCTC 2024/25 Overall Work Program – DRAFT March 2024 10 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1.1 – Nevada County Regional Transportation Plan (RTP) Update Purpose: Update the Nevada County Regional Transportation Plan (RTP) in compliance with California Government Code Section 65041.1. Every Regional Transportation Planning Agency (RTPA) is required by law to prepare a long-range transportation plan to ensure that the region’s vision and goals are clearly identified. The long-range plan, known as the RTP, is an important policy document that is based on the unique needs and characteristics of a region, helps shape the region’s transportation system, economy, and environment, and communicates the regional transportation vision to the state and federal government. As fundamental building blocks of the State’s transportation system, the RTP also supports state goals for transportation, environmental quality, economic growth, and social equity.
Previous Work:
• 2015 Performance Based Regional Transportation Plan.
• Incorporated into the RTP, policies, strategies, programs, and actions that enhance movement of people, goods, services, and information.
• Prepared and distributed a Request for Proposals to qualified consultants to update the RTP.
Reviewed proposals, selected consultant, and executed contract to update the RTP. • RTP administrative draft and draft environmental document • RTP final report and final environmental document
Additional/Continuing Work:
• Integrate system safety and security elements into the RTP. (NCTC/Consultant) (RPA) • Review and analyze data from the SR 49 Highway Safety Assessment report to be incorporated into the next update of the Regional Transportation Plan. (NCTC/Consultant) (RPA) • Project Advisory Committee activities. (NCTC/Consultant) (RPA & STIP) • Project meetings and coordination. (NCTC/Consultant) (RPA & STIP) • Project support and administration of grant. (NCTC/Consultant) (RPA & STIP) • Prepare quarterly reports and invoices. (NCTC) (RPA & STIP) • Project initiation and baseline information/data collection. (NCTC/Consultant) (RPA & STIP) • Consultant to update content, graphics, and EIR for update of RTP. (NCTC/Consultant) (PPM) • Review and confirm RTP goals and objectives. (NCTC/Consultant) (RPA & STIP) • Analysis of previous performance measures. (NCTC/Consultant) (RPA & STIP) • Identify trends and targets for each performance measure. (NCTC/Consultant) (RPA & STIP) • Develop system performance report. (NCTC/Consultant) (RPA & STIP) • Prepare forecast of future conditions and needs. (NCTC/Consultant) (RPA & STIP) • Identify policies, strategies, and investments that will support attainment of performance targets and desired trends. (NCTC/Consultant) (RPA & STIP) • Prepare financial plan regarding implementation of adopted strategies in RTP. (NCTC/Consultant) (RPA & STIP)
• Prepare media releases and hold public workshops. (NCTC/Consultant) (RPA & STIP) • Prepare Draft RTP and environmental documentation. (Consultant) (RPA & STIP) • Conduct public hearing on Draft RTP and environmental documentation. (RPA & STIP) • Prepare Final RTP and environmental documentation. (Consultant) (RPA & STIP) NCTC 2024/25 Overall Work Program – DRAFT March 2024 11 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.1.1 – Nevada County Regional Transportation Plan (RTP) Update (continued) Products:
• Draft 2045 Nevada County Regional Transportation Plan (May 2024) • Final 2045 Nevada County Regional Transportation Plan & Addendum EIR (July 2024) Budget 2.1.1
Revenues:
RPA Formula $119,507.04
Total $119,507.04
Expenditures:
Staff $51,822.14
Consultant $67,684.90
Total $119,507.04
NCTC 2024/25 Overall Work Program – DRAFT March 2024 12 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.2 – Transportation Improvement Programs
Purpose: To monitor implementation of the Regional Transportation Improvement Program (RTIP) and Interregional Transportation Improvement Program (ITIP) funding and provide policy analysis and recommendations regarding the RTIP and the State Transportation Improvement Program (STIP) through the activities listed below.
Previous Work:
• Communicate and coordinate with Caltrans to identify and implement incremental projects to accelerate the safety improvements to SR 49 corridor between Grass Valley and the Combie/Wolf Road intersection. • Submission of the 2020 Regional Transportation Improvement Program projects to the CTC • Monitor planning, design, and construction of improvement projects on SR 49 widening between the Wolf/Combie Road intersection and Grass Valley, to ensure consistency with the adopted Transportation Improvement Program.
• Participate with Caltrans in developing the SR 49 Comprehensive Multimodal Corridor Plan (CMCP). (RPA & LTF)
• 2022 RTIP adoption (Nov 2021)
• 2024 RTIP adoption (Nov 2023)
Additional/Continuing Work:
• Monitor STIP implementation. (NCTC) (RPA & LTF)
• Encourage interagency coordination to identify and develop new RTIP projects. (NCTC) (RPA & LTF) • Communicate and coordinate with Caltrans to identify and implement incremental projects to accelerate the safety improvements to the SR 49 corridor between Grass Valley and the Combie/Wolf Road intersection. (NCTC) (RPA & LTF)
• Coordinate with Caltrans regarding Interregional Transportation Improvement Program (ITIP) participation in STIP funded projects in Nevada County. (NCTC) (RPA & LTF) • Review and comment on ITIP funding criteria proposed in the Caltrans Strategic Investment Strategy (CSIS). (NCTC) (RPA & LTF)
• Begin preparation of draft 2024 RTIP - October 2023 (NCTC) (RPA & LTF) • Public hearing and adoption of 2024 RTIP - November 2023 (NCTC) (RPA & LTF) • Submittal of 2024 RTIP to the CTC - December 2023 (NCTC) (RPA & LTF) • Review consistency of future RTIP projects with the Climate Action Plan for Transportation Infrastructure and California Transportation Plan 2050 (NCTC) (RPA & LTF) • Participate with Caltrans in preparation of the Project Approval and Environmental Documentation for a future widening project on SR49 from La Barr Meadows Rd to McKnight Way.(NCTC) (RPA & LTF) Products:
• Status reports on Nevada County’s STIP projects (Bimonthly) • Reports regarding implementation of the Nevada County RTIP (Ongoing) • Reports on implementation of Caltrans SR 49 Comp Multimodal Corridor Plan (Annual) Budget 2.2
Revenues:
LTF Carryover $7,231.77
RPA Formula $38,648.05
Total $45,879.82
Expenditures: Staff $38,648.05
Indirect $7,231.77
Total $45,879.82
Totals may not equal addition of amounts in columns due to rounding NCTC 2024/25 Overall Work Program – DRAFT March 2024 13 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.3 – Transit and Paratransit Programs
Purpose: Work with city, county, and town staff to improve efficiency, productivity, and cost effectiveness of existing transit and paratransit systems through the activities listed below.
Previous Work:
• 2021 Western Nevada County Transit Development Plan
• 2021 Nevada County Coordinated Public Transit-Human Services Transportation Plan. • Monitor ridership, expenditures, and revenue for each system. • Hold coordination meetings with transit and paratransit providers. • Check operational performance indicators for each system. • Develop and present information regarding alternative forms of transportation that are sustainable and practical for Nevada County.
• Coordinate with human service transportation providers. • Distribute press releases and other educational information regarding alternative forms of transportation.
• Participate on the Accessible Transportation Coalition Initiative-Mobility Action Partners Coalition.
• Administer Federal Transit Administration revenues (5311, Cares Act, and CRRSAA). • Assisted transit operators with analysis of impacts due to COVID-19.
Additional/Continuing Work Activities:
• Assist in implementation of Transit Development Plans and Nevada County Coordinated Public Transit-Human Services Transportation Plan. (LTF & RPA) • Monitor ridership, expenditures, and revenue for each system. (LTF & RPA) • Hold coordination meetings with transit and paratransit providers. (LTF & RPA) • Check operational performance indicators for each system. (LTF & RPA) • Develop and present information regarding alternative forms of transportation that are practical for Nevada County. (LTF & RPA)
• Coordinate with human service transportation providers. (LTF & RPA) • Distribute press releases and other educational information regarding alternative forms of transportation. (LTF & RPA)
• Participate on the Accessible Transportation Coalition Initiative-Mobility Action Partners Coalition. (LTF & RPA)
• Assist transit operators with feasibility analysis of transit electrification mandate. (LTF & RPA)
• Coordinate with Town on public polling effort in consideration of 2024 Transportation - Transit Ballot Measure (LTF & RPA)
• Products:
• Reports to the Commission regarding staff participation in the transit and paratransit planning processes (Bimonthly)
• Quarterly ridership, expenditure, and revenue reports for each system • Quarterly operational performance reports for each system • Bi-monthly minutes of the Accessible Transportation Coalition Initiative-Mobility Action Partners Coalition
NCTC 2024/25 Overall Work Program – DRAFT March 2024 14 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.3 – Transit and Paratransit Programs (continued) Budget 2.3
Revenues:
LTF Carryover $16,286.85
RPA Formula $46,332.82
Total $62,619.67
Expenditures:
Staff $46,332.82
Indirect $16,286.85
Total $62,619.67
Totals may not equal addition of amounts in columns due to rounding Indirect costs are paid with local funds (see Budget Table 5).
NCTC 2024/25 Overall Work Program – DRAFT March 2024 15 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.3.3 - Eastern Nevada County Transit Development Plan Update Purpose: To update the Five-Year Transit Development Plan (TDP) for eastern Nevada County.
This project will guide the growth of services over the next five years and will be accomplished through the following activities:
Previous Work:
• Eastern Nevada County TDP Update, 2017.
• Triennial Performance Audits.
• Nevada County Coordinated Public Transit-Human Services Transportation Plan, 2020. • Scope of Work (May 23)
• Request for Proposals (June 23)
• Consultant contract (July 23)
Additional/Continuing Work Activities:
• Prepare and distribute a Request for Proposal to qualified consultants. (NCTC) (RPA) • Review proposal, select consultant, and execute a contract. (NCTC) (RPA) • Finalize the work program and refine the scope of work. (NCTC/Consultant) (RPA/LTF) • Project initiation and data collection. (NCTC/Consultant) (RPA/LTF) • Assess transit needs. (NCTC/Consultant) (RPA/LTF)
• Assess current transit services. (NCTC/Consultant) (RPA/LTF) • Analyze transit demand. (NCTC/Consultant) (RPA/LTF)
• Analyze and incorporate information from the Town of Truckee micro-transit feasibility study. and pilot data (NCTC/Consultant) (RPA/LTF)
• Develop transit service alternatives (including consideration of services provided through a regional cooperative process). (NCTC/Consultant) (RPA/LTF) • Develop capital, financial, management, marketing alternatives. (NCTC/Consultant) (RPA/LTF) • Preparation and presentation of draft TDP. (NCTC/Consultant) (RPA/LTF) • Modify draft TDP and prepare final plan. (NCTC/Consultant) (RPA/LTF) • Project meetings and coordination. (NCTC/Consultant) (RPA/LTF) • Project Advisory Committee (PAC) activities. (NCTC/Consultant) (RPA/LTF) • Public outreach activities. (NCTC/Consultant) (RPA/LTF) • Project support and administration of grant. (NCTC/Consultant) (RPA/LTF) Products:
• Technical Memoranda (Mar 24)
• Draft Report (May 24)
• Final Report (July 24)
Budget 2.3.3
Revenues:
LTF $74,995.00
LTF Carryover $26,534.90
RPA Formula $14,172.51
Total $115,702.41
Expenditures:
Staff $40,707.41
Consulting $74,995.00
Total $115,702.41
Totals may not equal addition of amounts in columns due to rounding NCTC 2024/25 Overall Work Program – DRAFT March 2024 16 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4 - Coordination of Regional Planning
Purpose: Enhance NCTC's regional planning efforts through the following activities:
• Coordinate local land use planning with regional transportation planning. • Analyze regional transportation impacts of proposed development projects, including VMT. • Improve Transportation Systems Management (TSM) and Transportation Demand Management (TDM) efforts in the region.
• Provide for Commission participation in studies done by other agencies. • Promote cooperation between regional planning agencies. • Promote regional transportation services (e.g. connections to Capitol Corridor rail service). • Participate and coordinate in regional evacuation planning efforts.
Previous Work:
• Review of local development projects and environmental documents. • Traffic model analyses of development projects, and modifications to regional and local transportation facilities proposed by public agencies.
• Study to extend Capitol Corridor train service to Truckee/Tahoe area. • Participate in the SR 49 Corridor Study with Placer County Transportation Planning Agency (PCTPA) and Caltrans.
• Participate in the Tahoe Gateway Intelligent Transportation Study. • Coordinate with Placer County, PCTPA, Nevada County, and Caltrans as a Technical Advisory Committee for the SR 49 Corridor Study.
• Coordinate with Caltrans, SACOG, El Dorado Transportation Commission, Sierra County Transportation Commission, and Placer County Transportation Planning Agency to update and maintain the Tahoe Gateway ITS Regional Architecture.
• Participate with Caltrans and RTPAs to pursue rail projects that will improve goods movement and enhance passenger rail service.
• Work with the Northern Sierra Air Quality Management District (NSAQMD) to develop and implement transportation control measures consistent with the region's air quality non-attainment plan and Regional Transportation Plan.
• In conjunction with PCTPA and Caltrans, actively pursue, develop, and implement funding for SR 49 corridor improvements.
• Participate as a member of the Tahoe Gateway Architecture Maintenance Team. • Coordinate with member agencies to reestablish and enhance Transportation Demand Management (TDM) programs in Nevada County.
• Assist with modeling and traffic analyses as requested by jurisdictions and approved by NCTC. • Analyze transportation impacts of development proposals. • Analyze proposed modifications to city and county land use plans. • Participate in the North State Super Region “North State Transportation for Economic Development Study.”
• Reviewupdates oftheCirculation andLand UseElements of General Plansfor NevadaCounty, cities of Grass Valley and Nevada City, and the Town of Truckee to ensure consistency with the adopted Airport Land Use Compatibility Plans (ALUCPs) for the Nevada County and Truckee Tahoe airports.
• Participate in inter-regional planning projects (e.g. North State Super Region (NSSR), I-80 Corridor Management Plan, and Trans-Sierra Transportation Coalition). • Participate with PCTPA and Caltrans to develop update of Sacramento to Reno Passenger Rail Service Planning Study – Truckee/Tahoe/Reno (LTF)
NCTC 2024/25 Overall Work Program – DRAFT March 2024 17 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4 - Coordination of Regional Planning (continued) Additional/Continuing Work:
• Participate in Regional Transportation Planning Agency group meetings and California Rural Counties Task Force meetings. (LTF)
• Participate in Federal and State Clean Air Act transportation related air quality planning activities. (LTF)
• Participate in the Truckee/North Tahoe Transportation Management Association (TNT/TMA) and Resort Triangle Transportation Planning Coalition (RTTPC) meetings. (LTF) • Review and comment on Caltrans Systems Plans and related documents. (LTF) • Coordination with the Nevada County Economic Resource Council. (LTF) • Monitor planning efforts in Grass Valley, Nevada City, Nevada County, Truckee. (LTF) • Present information to local civic groups regarding regional transportation planning. (LTF) • Participate in local ad hoc committees. (LTF)
• Maintain formal consultation with Native American Tribal Governments. (LTF) • Maintain formal consultation with the U.S Forest Service & Bureau of Land Management. (LTF) • Monitor implementation of the Nevada County Active Transportation Plan. (LTF) • Participate in the “Zero Traffic Fatalities Task Force”. (LTF) • Participate in Critical Freight Corridors Working Group. (LTF) • Participate in SR 49 Stakeholders Committee. (LTF)
• Distribute press releases. (LTF)
• California Local Streets and Roads Needs Assessment Oversight Committee Participation (LTF) • Coordinate with partner agencies to implement the federal performance-based approach in the scope of the transportation planning process. (LTF)
• Participate in the California Federal Programming Group (CFPG). (LTF) • Participate in the Transportation Cooperative Committee. (LTF) • Participate on the Truckee Transit Center Study Project Advisory Committee. (LTF) • Coordinate with local jurisdictions in the identification of pedestrian and bicycle projects that meet the requirements for Active Transportation Program grant funding and plan to resubmit grant applications. (LTF)
• Coordinate with partners to identify policies, strategies, programs, and actions that enhance the movement of people, goods, services and information on the regional, interregional, and state highway systems. (LTF)
• Participate in Interregional Transportation Strategic Plan (ITSP) Workshops. (LTF) • Participate in Federal Rescission working group. (LTF) • Participate with North Tahoe SSTAC and Placer County SSTAC in coordination of unmet needs hearings.
• Participate in the preparation of the SR 49 Comprehensive Multimodal Corridor Plan (CMCP). (LTF)
• Participate on the Project Advisory Committee for the SR 49 Safety Assessment. (LTF) • Participate with CalSTA in development and implementation of the Climate Action Plan for Transportation Infrastructure (CAPTI). (LTF)
• Coordinate with California State Association of Counties and Rural County Representatives of California regarding transportation policy (LTF)
• Coordinate with Western Region Institute of Transportation Engineers on development of Induced Deman White Paper. (LTF)
• Participate and coordinate evacuation planning with the Nevada County Office of Emergency Services, Nevada County Sheriff’s Department, CAL FIRE NEU, California Highway Patrol, and other local emergency responders. (LTF)
NCTC 2024/25 Overall Work Program – DRAFT March 2024 18 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4 - Coordination of Regional Planning (continued) Products:
• Reports regarding participation in regional coordination activities (e.g. Zero Traffic Fatalities Task Force, Critical Freight Corridors Working Group, ITSP Workshops, Sacramento to Reno Passenger Rail Service Planning Study – Truckee/Tahoe/Reno, and Critical Freight Corridors Working Group). (Bimonthly)
• Reports on coordination with the Nevada County Economic Resource Council. (Bimonthly) • Reports on SR 49 Corridor improvements. (Bimonthly)
• Reports to the Commission regarding North State Super Region meetings and activities. (Bimonthly)
• Reports regarding RTPA and RCTF meetings. (Bimonthly) • Reports regarding TNT/TMA and RTTPC activities. (Bimonthly) Budget 2.4
Revenues:
LTF $92,113.12
LTF Carryover $38,188.23
RSTP $30,000.00
Total $160,301.35
Expenditures:
Staff $92,113.12
Indirect $35,388.23
Consulting $30,000.00
Rural Counties Task Force $2,000.00
Statewide Local Streets and Roads $800.00
Total $160,301.35
Totals may not equal addition of amounts in columns due to rounding Indirect costs are paid with local funds (see Budget Table 5).
NCTC 2024/25 Overall Work Program – DRAFT March 2024 19 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.1 – Local Road Safety Plan
Purpose: The Federal Highway Administration (FHWA) requires all states to have a Strategic Highway Safety Plan (SHSP) that provides a framework for reducing highway fatalities and serious injuries on all public roads. In turn, California encourages local agencies to have a Local Road Safety Plan (LRSP) to competitively obtain Highway Safety Improvement Program (HSIP) funds. Nevada County will update the LRSP adopted in 2019.
Previous Work:
• Development of regional transportation models
• Update of Western Nevada County Transit Development Plans, Nevada County Bicycle Master Plan and Nevada County Pedestrian Improvement Plan
• Preparation of Nevada County 2019 LRSP
Continuing Work:
• Prepare and distribute a Request for Proposal to qualified consultants. (Nevada County DPW) (RSTP) • Review proposal, select consultant, and execute a contract. (Nevada County DPW/NCTC) (RSTP) • Engage consultant to prepare Nevada County LRSP. (Nevada County DPW) (RSTP) • Draft vision statement and goals. (Nevada County DPW) (RSTP) • Identify and select stakeholders to assist in developing safety strategies. (Nevada County DPW) (RSTP) • Conduct public outreach activities. (Nevada County DPW) (RSTP) • Prepare data summary, identify emphasis areas, and safety strategies. (Nevada County DPW) (RSTP) • Prepare draft and final Nevada County LRSP. (Nevada County DPW) (RSTP) Products:
• Scope of Work (Sep 24)
• Request for Proposals (Oct 24)
• Consultant contract (Nov 24)
• Vision and Goals (Jan 25)
• Data Summary, Emphasis Areas, and Strategies (Mar 25) • Draft and Final Nevada County LRSP (May 25)
Budget 2.4.1
Revenues:
RSTP $80,737.18
Total $80,737.18
Expenditures:
NCTC $737.18
Nevada County $80,000.00
Total $80,737.18
Totals may not equal addition of amounts in columns due to rounding Indirect costs are paid with local funds (see Budget Table 5).
NCTC 2024/25 Overall Work Program – DRAFT March 2024 20 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.2 – Airport Land Use Commission Planning and Reviews Purpose: Enhance NCTC's regional planning efforts through the following activities:
• Coordinate local land use planning with airport land use compatibility plans. • Promote cooperation between land use planning agencies and airport land use commissions. • Conduct reviews of projects near Nevada County and Truckee Tahoe Airport for consistency with adopted ALUCPs.
• Provide staff support to Nevada County and Truckee Tahoe Airport Land Use Commissions. • Participate in statewide ALUC meetings.
Previous Work:
• Review airport land use compatibility issues.
• Conduct reviews of projects near Nevada County and Truckee Tahoe Airport for consistency with adopted ALUCPs. (ALUC Fees, LTF)
Additional/Continuing Work:
• Review airport land use compatibility issues.
• Conduct reviews of projects near Nevada County and Truckee Tahoe Airport for consistency with adopted ALUCPs. (ALUC Fees, LTF)
Products:
• Reports on airport land use compatibility issues. (Ongoing) Budget 2.4.2
Revenues:
LTF Carryover $19,950.49
ALUC Fees $15,000.00
Total $34,950.49
Expenditures:
Staff $19,950.49
ALUC Reviews $15,000.00
Total $34,950.49
Totals may not equal addition of amounts in columns due to rounding NCTC 2024/25 Overall Work Program – DRAFT March 2024 21 WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.3 – Zion St. Mobility/School Access Study
Purpose: Analyze cost-effective improvements in Zion Street Corridor related to improving safety and pedestrian and bicycle connectivity to school facilities.
Previous & Continuing Work:
• Completion of the 2016 Regional Transportation Plan (RTP) • Completion of 2019 Active Transportation Plan (ATP)
Additional Work Activities:
• Prepare and distribute a Request for Proposal to qualified consultants (RPA) (NCTC) • Review proposals, select consultant, and execute a contract (RPA) (NCTC/Consultant) • Finalize the work program and refine the scope of work (RPA) (NCTC/Consultant) • Project meetings and coordination (RPA) (NCTC/Consultant) • Public Outreach (RPA) (NCTC/Consultant)
• Project Advisory Committee activities (RPA) (NCTC)
• Project support and administration of grant (RPA) (NCTC) • Prepare quarterly reports and invoices (RPA) (NCTC)
• Project initiation and data collection (RPA) (NCTC/Consultant) • Develop potential improvement alternatives (RPA)
• Prepare Draft Report (RPA)
• Public workshops (RPA)
• Prepare Final Report (RPA)
Products:
• Consultant Procurement Process (May – Jun 2024)
• Consultant Contract (Jul 2024)
• Working Paper #1 (Oct 2024)
• Working Paper #2 (Jan 2025)
• Draft Report (March 2025)
• Final Report (May 2025)
Budget 2.4.3
Revenues:
LTF $113.47
RPA Grant $120,000.00
Total $120,113.47
Expenditures:
Staff $5,113.47
Consultant $115,000.00
Total $120,113.47
NCTC 2024/25 Overall Work Program – DRAFT March 2024 22 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.4 – Rural Counties Task Force Rural Induced Demand Study Purpose: On behalf of the Rural Counties Task Force, the Nevada County Transportation Commission is managing a study to be conducted by qualified transportation consulting firms in partnership with legal firms with expertise in the California Environmental Quality Act (CEQA) to review the previous research on induced demand, as well as current available data, related guidance documents, and causal factors, to determine the significance and applicability of induced demand on rural highway improvements. In addition, the study will provide recommendations on how to appropriately address induced demand on rural highway improvements, including recommendations for addressing these rural highway improvementsin relation to CEQA and recommendations for incorporating the study findings into future updates of state guidance documents.
Work Activities:
• Prepare and distribute a Request for Qualifications to qualified consultants (NCTC) (RPA Formula, LTF)
• Establish Project Selection Committee and Project Advisory Committee (NCTC) (RPA Formula, LTF)
• Review and rank proposals, conduct oral interviews, and finalize consultant ranking (NCTC) (RPA Formula, LTF)
• Select consultant and execute contract (NCTC) (RPA Formula, LTF) • Finalize the work program and refine scope of work (NCTC/Consultant) (RPA Formula, LTF) • Project meetings and coordination (NCTC/Consultant, RPA Formula) (RPA Grant, LTF) • Project Advisory Committee activities (NCTC/Consultant, RPA Formula) (RPA Grant, LTF) • Project support and administration of grant (NCTC/Consultant) (RPA Formula, LTF) • Prepare quarterly reports and invoices (NCTC) (RPA Formula, LTF) • Project initiation and data collection (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Review previous research on induced demand and document findings related to rural highway improvements (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Review state guidance documents in relation to induced demand for transportation projects (NCTC/Consultant) (RPA Formula, RPA Grant, LTF)
• Review and collect available data on induced demand related to rural highway improvements (NCTC/Consultant) (RPA Formula, RPA Grant, LTF)
• Review and document the causal factors related to the induced demand, including a review of their presence on rural highway projects (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Determine the significance and applicability of induced demand for roadway improvement projects in various rural corridors (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Provide recommendations on how to appropriately address induced demand on rural highway improvements, including recommendations for addressing these rural highway improvements in relation to CEQA and recommendations for incorporating the study findings into future updates of state guidance documents (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Develop recommended methodologies and thresholds for each jurisdiction (NCTC/Consultant) (RPA Formula, RPA Grant, LTF)
• Prepare Working Papers (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Prepare Administrative Draft (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) • Prepare Draft Report (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) NCTC 2024/25 Overall Work Program – DRAFT March 2024 23 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.4 – Rural Counties Task Force Rural Induced Demand Study (continued) • Present Draft Report to the Rural Counties Task Force (NCTC/Consultant) (RPA Formula, RPA Grant, LTF)
• Conduct outreach with regional, state, and federal agencies. (NCTC/Consultant) (RPA Formula, RPA Grant, LTF)
• Prepare Final Report (NCTC/Consultant) (RPA Formula, RPA Grant, LTF) Products:
• Draft Report (May 24)
• Final Report (July 24)
• Summary of Outreach Activities (June 2025)
Budget 2.4.4
Revenues:
RPA Grant $50,000.00
RPA Grant Carryover $80,041.76
RPA Formula $35,602.54
Total $165,644.30
Expenditures:
Staff $35,602.54
Consulting $130,041.76
Total $165,644.30
Totals may not equal addition of amounts in columns due to rounding NCTC 2024/25 Overall Work Program – DRAFT March 2024 24 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.5 – Rural Counties Task Force & CARL Administration Purpose: To coordinate the participation of the twenty-six Rural Transportation Planning Agencies (RTPA) in the statewide issues pertinent to transportation planning, programming, and funding. This work element is in the first year of a two-year NCTC planning effort. This work element provides the resources necessary for the NCTC Deputy Director to fulfill the responsibilities of Chair of the Rural Counties Task Force (RCTF). The RCTF is an advisory committee to the California Transportation Commission (CTC). The RCTF provides a forum for the RTPAs in California to coordinate information, discuss issues, and present their unique perspective and input into the statewide decisionmaking process. In addition, the RCTF provides a venue to pool financial and knowledge-based resources. The Chair position provides access to policy makers from state government putting the rural counties, including NCTC, in a unique position to protect and enhance our projects and funding.
Previous and Continuing Work:
• Participate in RTPA group meetings and California RCTF meetings.
Additional Work Activities:
• Develop, organize, and distribute the RCTF meeting agendas. (Bi-Monthly) • Represent the RCTF at ad hoc and standing Caltrans and CTC policy and technical advisory committees. (Ongoing)
• Represent the RCTF at government forums and workshops. (As needed) • Represent the RCTF at CTC meetings and workshops. (Monthly) • Coordinate efforts and provide technical assistance on transportation issues with the Regional Council of Rural Counties, California State Association of Counties, and League of California Cities. (Ongoing) • Communicate with RCTF members on issues of shared interest, such as policy and procedural changes or funding opportunities. (Ongoing)
Products:
• RCTF agendas. (Bi-Monthly or as needed)
• RCTF Bi-Monthly reports and annual report to the CTC. (Ongoing) • Correspondence and communications to Caltrans, California Transportation Commission, Regional Council of Rural Counties, California State Association of Counties, and League of California Cities. (As needed) • Billings to RCTF member agencies for voluntary dues. (January 25) • Billings to CALCOG to enable RCTF members to participate in the California Academy for Regional Leaders (CARL) program on scholarship. (Annually)
Budget 2.4.5
Revenues:
LTF $10,593.82
RPA Grant $25,000.00
RCTF Dues $8,000.00
Total $43,593.82
Expenditures:
Staff $10,593.82
CARL Scholarships $25,000.00
RCTF Travel $8,000.00
Total $43,593.82
NCTC 2024/25 Overall Work Program – DRAFT March 2024 25 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.6 – Zero Emission Vehicle Transition Plan for County of Nevada Purpose: On behalf of the County of Nevada, the Nevada County Transportation Commission will manage a fleet electrification planning study to identify how the County of Nevada can make the transition to electrification of public fleets to comply with upcoming California Air Resource Board (CARB) regulations related to the Innovative Clean Transit and lightweight, medium-duty, and heavy-duty public fleet electrification regulations.
The study will guide Nevada County in its endeavor to meet the regulations by evaluating and identifying a detailed plan to successfully convert the county vehicle fleet to electric vehicles within the timeline specified by CARB. The infrastructure needs for power delivery and charging, maintenance needs, and capital replacement considerations will be incorporated into the overall plan. Where electrification of certain vehicle fleet mix (e.g. heavy duty trucks) may not be possible due to market readiness, other zero-carbon alternatives will be explored and evaluated for fleet replacement and infrastructure improvements needs.
Previous Work:
• Small Transit Agency Rollout Plan (April 2023)
• RFP (Feb 2023)
• Contract Executed (Mar 23)
Work Activities:
• Prepare and distribute a Request for Proposals to qualified consultants (NCTC) (RPA Formula)
• Establish Project Selection Committee and Project Advisory Committee (NCTC) (RPA Formula)
• Review and rank proposals, conduct oral interviews, and finalize consultant ranking (NCTC) (RPA Formula)
• Select consultant and execute contract (NCTC) (RPA Formula) • Finalize the work program and refine scope of work (NCTC) (RPA Formula) • Project meetings and coordination (NCTC/Consultant) (RPA Formula, RPA Grant) • Project Advisory Committee activities (NCTC/Consultant) (RPA Formula, RPA Grant) • Project support and administration of grant (NCTC) (RPA Formula) • Prepare quarterly reports and invoices (NCTC) (RPA Formula) • Develop electric vehicle conversion plan for lightweight, medium, and heavy-duty vehicle fleet (Consultant) (RPA Grant)
• Develop electric vehicle conversion plan for the public transit fleet (Consultant) (RPA Grant) • Recommend electric vehicle charging stations plan, including location and type of charges and electric infrastructure improvement plan (Consultant) (RPA Grant) • Develop electric vehicle transition plan by fleet type (Consultant) (RPA Grant) • Develop required Small Transit Rollout Plan for Nevada County Transit (Consultant) (RPA Grant)
• Develop funding plan to identify possible funding source to leverage incentives and rebate programs (Consultant) (RPA Grant)
• Prepare Administrative Draft (NCTC/Consultant) (RPA Formula, RPA Grant) • Prepare Draft Report (NCTC/Consultant) (RPA Formula, RPA Grant) • Prepare Final Report (NCTC/Consultant) (RPA Formula, RPA Grant) NCTC 2024/25 Overall Work Program – DRAFT March 2024 26 WORK ELEMENT 2 – REGIONAL TRANSPORTATION PLANNING (continued) Project 2.4.6 – Zero Emission Vehicle Transition Plan for County of Nevada (continued) Products:
• Administrative Draft Report (May 2024)
• Draft Report (July 2024)
• Final Report (September 2024)
Budget 2.4.6
Revenues:
LTF $1,183.53
RPA Grant Carryover $223,919.91
RPA Formula Carryover $23,827.79
Total $248,931.23
Expenditures:
Staff $25,011.32
Consulting $223,919.91
Total $248,931.23
Totals may not equal addition of amounts in columns due to rounding NCTC 2024/25 Overall Work Program – DRAFT March 2024 27 WORK ELEMENT 3 - CALTRANS ACTIVITIES WITH NCTC FOR FY 2023/24
ACTIVITY DESCRIPTION PRODUCTS
System Planning Completion of system planning
products used by Caltrans and its
transportation partners
Caltrans District 3 System
Planning documents consistent
with the Caltrans District 3
System Planning Five-Year Work
Plan.
Advance Planning Completion of pre-programming
studies (e.g., Project Initiation
Documents) so as to be ready to
program resources for capital
projects
Project Initiation Documents
(PID), as indicated in the TwoYear PID Work Plan.
Regional Planning Participate in and assist with
various regional planning projects
and studies
Participation in the following
projects and studies:
• Rural Counties Task Force Rural
Induced Demand Study
• SR 49 CSMP Update
• Assisting with SR 49 TCEP, SCCP,
RAISE, Rural Surface
Transportation Program Grant
Applications
• Oversight of Planning Studies/
Conceptual Projects pertaining to the
State Highway System
Local Development Review
Program
Review of local development
proposals potentially impacting
the State Highway System
Assistance to lead agencies to
ensure the identification and
mitigation of local development
impacts to the State Highway
System that is consistent with the
State’s smart mobility goals.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 28 Glossary of Terms and Acronyms
Active Transportation Plan: Identifies a network of pedestrian and bicycle facilities and projects to support pedestrian and bicycle safety for people of all ages and abilities. Specifically, the Active Transportation Plan aims to:
• Identify barriers and innovative solutions to encourage walking and bicycling as viable travel modes • Effectively build on recently completed and current active transportation planning efforts • Develop walking/bicycling networks supportive of existing and future land uses and projects • Develop a clearly defined implementation strategy with specific, creative, yet practical and financially feasible projects matched to specific funding opportunities Active Transportation Program (ATP): Created in 2013 by the passage of SB 99 and AB 101, the Active Transportation Program consolidates existing federal and state transportation programs into a single program with a focus to make California a national leader in active transportation. The purpose of the Active Transportation Program is to encourage increased use of active modes of transportation by achieving the following goals:
• Increase the proportion of trips accomplished by biking and walking, • Increase safety and mobility for non-motorized users, • Advance the active transportation efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals, pursuant to SB 375 (of 2008) and SB 341 (of 2009), • Enhance public health and ensure that disadvantaged communities fully share in the benefits of the program, and
• Provide a broad spectrum of projects to benefit many types of active transportation users.
Airport Land Use Commission (ALUC): The fundamental purpose of ALUCs is to promote land use compatibility around airports. As expressed in state statutes, this purpose is “… to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.” The statutes give ALUCs two principal powers by which to accomplish this objective:
1. ALUCs must prepare and adopt an airport land use plan; and
2. ALUCs must review the plans, regulations, and other actions of local agencies and airport operators for consistency with that plan.
Airport Land Use Compatibility Plan (ALUCP): A document referred to by ALUCs and individuals seeking to review standards for land use planning in the vicinity of an airport. The ALUCP defines compatible land uses for noise, safety, airspace protection, and overflight within the Airport Influence Area (AIA).
Allocation: A distribution of funds by formula or agreement. With regard to Transportation Development Act funds, allocation is the discretionary action by the RTPA which designates funds for a specific claimant for a specific purpose.
Apportionment: Distribution of funds by a formula. Apportionment under the Transportation Development Act is the determination by the RTPA of each area’s share of anticipated LTF for the ensuing fiscal year.
California Environmental Quality Act (CEQA): A statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.
Capital Improvement Program (CIP) or Capital Improvement Plan: A short-range plan, which identifies capital projects and equipment purchases, provides a planning schedule and identifies options, for financing the plan.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 29 Congestion Mitigation and Air Quality (CMAQ): A federal funding program that is available in western Nevada County for transportation projects that demonstrate emission reductions to help attain federal air quality standards. Western Nevada County was classified in 2004 as “non-attainment” for 8-hour ozone standards.
Project categories eligible for CMAQ funding include:
• Alternative fuels and vehicles
• Congestion reduction and traffic flow improvements
• Transit improvements
• Bicycle and pedestrian facilities
• Public education and outreach
• Diesel engine retrofits
• Car pooling and van pooling
Projects are submitted by local jurisdictions for consideration and are ranked based on air quality benefits and project readiness. NCTC then reviews the ranking and chooses projects to be funded.
Corridor System Management Plan (CSMP): Foundational documents supporting a partnership-based, integrated management of all travel modes (cars, trucks, transit, bicycles, and pedestrians) and infrastructure (highways, roads, rail tracks, information systems and bike routes) so that mobility along a corridor is provided in the most efficient and effective manner possible.
Federal Highway Administration (FHWA): An agency within the U.S. Department of Transportation that supports state and local governments in the design, construction, and maintenance of the Nation's highway system (Federal Aid Highway Program) and various federally and tribal owned lands (Federal Lands).
Federal Transit Administration (FTA): A federal agency that provides financial and technical assistance to local public transit systems, including buses, subways, light rail, commuter rail, trolleys and ferries.
Findings of Apportionment: Prior to March 1 of each year, Nevada County Transportation Commission (NCTC), pursuant to the California Code of Regulations Section 6644, transmits “Findings of Apportionment” for all prospective claimants. The apportionments are determined from the Nevada County Auditor-Controller's estimate of Local Transportation Funding (LTF) for the ensuing fiscal year, less those funds allocated for Transportation Development Act (TDA) administration, transportation planning and programming, pedestrian/ bicycle projects, and community transit services. The remaining funds are then apportioned according to the population of each applicant's jurisdiction in relation to the total population of the County.
Fixing America’s Surface Transportation (FAST) Act: A federal law enacted in 2015 to provide long-term funding for surface transportation infrastructure planning and investment. The FAST Act authorizes $305 billion over fiscal years 2016 through 2020 for highway, highway and motor vehicle safety, public transportation, motor carrier safety, hazardous materials safety, rail, and research, technology, and statistics programs.
FTA Section 5310: This program set forth in United States Code (U.S.C.) Title 49 Section 5310 provides formula funding to states for the purpose of assisting private nonprofit groups in meeting the transportation needs of older adults and people with disabilities when the transportation service provided is unavailable, insufficient, or inappropriate to meeting these needs.
FTA Section 5311: This program set forth in United States Code (U.S.C.) Title 49 Section 5311 provides grants for Rural Areas providing capital, planning, and operating assistance to states to support public transportation in rural areas with populations of less than 50,000 where many residents often rely on public transit to reach their destinations.
Interregional Transportation Improvement Program (ITIP): The ITIP is a five-year program of projects funded through the State Transportation Improvement Program (STIP) that obtains funding primarily through the per-gallon State tax on gasoline. The ITIP is prepared by the California Department of Transportation (Caltrans) and is submitted to the California Transportation Commission (CTC) for approval.
Level of Service (LOS): A qualitative measure used to relate the quality of traffic service. LOS is used to analyze highways by categorizing traffic flow and assigning quality levels of traffic based on performance measures like speed, density, etc. North American highway LOS standards use letters A through F, with A being the best and F being the worst, similar to academic grading.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 30 Local Transportation Fund (LTF): The LTF is derived from a 1/4-cent general sales tax collected statewide.
The State Board of Equalization, based on the sales tax collected in each county, returns the sales tax revenues to each county’s LTF. The LTF was created in 1971when legislation was passed to provide funding to counties for transit and non-transit related purposes.
Memorandum of Understanding (MOU): An agreement between two (or more) parties. It expresses a convergence of will between the parties, indicating an intended common line of action. Many government agencies use MOUs to define a relationship between agencies.
Metropolitan Planning Organization (MPO): MPOs are the regional planning entities in urbanized areas, usually an area with a population of 50,000 or more. There are 18 MPOs in California, accounting for approximately 98% of the state’s population.
Nevada County Airport Land Use Commission (NCALUC): The Nevada County Transportation Commission was designated by the Nevada County Board of Supervisors and the city selection committee as the ALUC for the Nevada County Airport in May 2010. The NCTC Executive Director serves as the NCALUC Executive Director with support from the NCTC staff.
Nevada County Airport Land Use Compatibility Plan (NCALUCP): The basic function of this plan is to promote compatibility between the airport and surrounding land uses. The plan serves as a tool for use by the NCALUC in fulfilling its duty to review airport and adjacent land use development proposals. Additionally, the plan sets compatibility criteria applicable to local agencies and their preparation or amendment of land use plans and ordinances and to land owners in their design of new developments.
North State Super Region (NSSR): Regional transportation planning agencies from 16 counties in Northern California came together on October 20, 2010, to sign a memorandum of agreement. This agreement created an alliance between the agencies to work together and support each other on issues related to transportation and to have a unified voice representing the North State.
Northern Sierra Air Quality Management District (NSAQMD): The Northern Sierra Air Quality Management District was formed in 1986 by the merging of the Air Pollution Control Districts of Nevada, Plumas and Sierra Counties. The District is required by state law to achieve and maintain the federal and state Ambient Air Quality Standards, which are air quality standards set at levels that will protect public health. The District is composed of three primary entities, each with a specific purpose: District staff, Governing Board of Directors, and Hearing Board.
Overall Work Program (OWP): NCTC annually adopts a budget through the preparation of an Overall Work Program. This work program describes the planning projects and activities or work elements that are to be funded, and the type of funds that will pay for the expenditures.
Planning, Programming, and Monitoring (PPM): PPM is funding allocated by the California Transportation Commission (CTC) through the State Transportation Improvement Program (STIP). Designated uses of PPM include:
• Regional transportation planning – includes development and preparation of the regional transportation plan;
• Project planning – includes the development of project study reports or major investment studies conducted by regional agencies or by local agencies, in cooperation with regional agencies; • Program development – includes the preparation of regional transportation improvement programs (RTIPs) and studies supporting them; and
• Monitoring the implementation of STIP projects – includes project delivery, timely use of funds, and compliance with state law and CTC guidelines.
Plans, Specifications, and Estimates (PS&E): In this stage of project development, the scope of the selected alternative is refined; design surveys and photogrammetric mapping is obtained; and reports including traffic data, hydrology and hydraulics, geotechnical design, pavement design, and materials and sound wall design reports are completed. Final right-of-way requirements are determined, and procurement is initiated. At the completion of the PS&E stage, a complete set of project plans have been developed that will allow a competent contractor to bid and build the project. These plans include a refined estimate of the construction costs and any required specifications on how the work is to proceed.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 31 Project Approval and Environmental Documentation (PA/ED): The PA/ED step of project development reinforces the philosophy of balancing transportation needs with community goals and values. Outputs of the PA/ED step are the project report and environmental document. The project report is an engineering document that evaluates the various alternatives for selection of a preferred alternative. The environmental document is a disclosure document that assesses the potential impacts of the project on the environment.
Project Initiation Document (PID): a report that documents the purpose, need, scope, cost, and schedule for a transportation project. The PID identifies and describes the viable alternatives to a transportation problem.
Project Study Report (PSR): A report of preliminary engineering efforts, including a detailed alternatives analysis, cost, schedule, and scope information for a transportation project. A PSR also includes estimated schedule and costs for environmental mitigation and permit compliance.
Public Transportation Modernization Improvement & Service Enhancement Account (PTMISEA):
PTMISEA was created by Proposition 1B, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Of the $19.925 billion available to Transportation, $3.6 billion dollars was allocated to PTMISEA to be available to transit operators over a ten-year period. PTMISEA funds may be used for transit rehabilitation, safety or modernization improvements, capital service enhancements or expansions, new capital projects, bus rapid transit improvements, or rolling stock (buses and rail cars) procurement, rehabilitation or replacement. Funds in this account are appropriated annually by the Legislature to the State Controller’s Office (SCO) for allocation in accordance with Public Utilities Code formula distributions: 50% allocated to Local Operators based on fare-box revenue and 50% to Regional Entities based on population.
Regional Improvement Program (RIP): The RIP is one of two funding programs in the State Transportation Improvement Program (STIP). The RIP receives 75% of the STIP funds and the second program, the Interregional Improvement Program receives 25% of STIP funds. RIP funds are allocated every two years by the California Transportation Commission (CTC) to projects submitted by Regional Transportation Planning Agencies (RTPAs) in their Regional Transportation Improvement Programs (RTIPs).
Regional Surface Transportation Program (RSTP): The RSTP was established by the State of California to utilize federal Surface Transportation Program funds for a wide variety of transportation projects. The State exchanges these federal funds for less restrictive state funds to maximize the ability of local agencies to use the funds for transportation purposes including planning, construction of improvements, maintenance and operation of public streets, and pedestrian and bicycle projects.
Regional Transportation Improvement Program (RTIP): NCTC submits regional transportation projects to the California Transportation Commission (CTC) for funding in a list called the RTIP. The RTIP is a five-year program that is updated every two years. Projects in the RTIP are funded from the Regional Improvement Program (RIP).
Regional Transportation Mitigation Fee (RTMF): The Western Nevada County Regional Transportation Mitigation Fee Program was established in 2001 through a partnership of Nevada County, City of Nevada City, City of Grass Valley, and the Nevada County Transportation Commission (NCTC). The RTMF Program was developed to collect impact fees from new development to help fund transportation improvement projects needed to accommodate growth in the region of western Nevada County.
Regional Transportation Plan (RTP): The Regional Transportation Plan has been developed to document transportation policy, actions, and funding recommendations that will meet the short- and long-term access and mobility needs of Nevada County residents over the next 20 years. This document is designed to guide the systematic development of a comprehensive multi-modal transportation system for Nevada County.
Regional Transportation Planning Agency (RTPA): County or multi-county entities charged by state law in meeting certain transportation planning requirements. As the RTPA for Nevada County, NCTC coordinates transportation planning for Grass Valley, Nevada City, Nevada County, and the Town of Truckee.
Request for Proposal (RFP): A document that solicits proposals, often made through a bidding process, by an agency or company interested in procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals.
NCTC 2024/25 Overall Work Program – DRAFT March 2024 32 Rural Counties Task Force (RCTF): There are 26 rural county Regional Transportation Planning Agencies (RTPAs) or Local Transportation Commissions represented on the Rural Counties Task Force (RCTF). The RCTF is an informal organization with no budget or staff that generally meets every other month. A member of the CTC, usually acts as liaison to the RCTF, and CTC and Caltrans staff typically attend these meetings to explain and discuss changing statewide transportation issues that may be of concern to the rural counties.
Rural Planning Assistance (RPA): Annually the 26 rural RTPAsreceive state transportation planning funding, known as RPA, on a reimbursement basis, after costs are incurred and paid for using local funds.
Social Services Transportation Advisory Council (SSTAC): Consists of representatives of potential transit users including the general public, seniors and/or disabled; social service providers for seniors, disabled, and persons of limited means; local consolidated transportation service agencies; and Truckee residents who represent the senior and Hispanic communities. The SSTAC meets at least once annually and has the following responsibilities:
• To maintain and improve transportation services to the residents of Nevada County, particularly the elderly and disabled.
• Review and recommend action to the NCTC relative to the identification of unmet transit needs and advise the Commission on transit issues, including coordination and consolidation of specialized transportation services.
• Provide a forum for members to share information and concerns about existing elderly and handicapped transportation resources.
State Highway Operations and Protection Program (SHOPP): The SHOPP is a four-year listing of projects prepared by Caltrans.
State Transit Assistance (STA): These funds are provided by the State for the development and support of public transportation needs. They are allocated by the State Controller’s Office to each county based on population and transit performance.
State Transportation Improvement Program (STIP): The STIP is a multi-year capital improvement program of transportation projects on and off the State Highway System, funded with revenues from the Transportation Investment Fund and other funding sources. STIP programming generally occurs every two years. The STIP has two funding programs, the Regional Improvement Program and the Interregional Improvement Program.
Technical Advisory Committee (TAC): The Technical Advisory Committee (TAC) is made up of representatives of local public works and planning departments, Caltrans District 3, public airport operators, the air pollution control district, public transit operators, and the NCTC consultant engineer on retainer. Members are assigned by staff of local jurisdictions and other participating organizations. Any decisions made or actions proposed by the TAC shall be subject to the review and approval of the NCTC.
TAC responsibilitiesinclude:
• Provide technical input, assistance, and recommendations to the Commission to ensure there is comprehensive coordination and cooperation in the transportation planning process for Nevada County. • Review and comment on comprehensive regional transportation plans for the area, which include the Regional Transportation Plan (RTP), the Regional Transportation Improvement Program (RTIP), and the Overall Work Program (OWP).
• Coordinate efforts and discussions to create and maintain circulation elements of the General Plan and specific plans of the member governments.
Transit Development Plan (TDP): Transit Development Plans study the County’s transit services. They help identify transit service needs, prioritize improvements and determine the resources required for implementing modified or new service. The plans also provide a foundation for requests for State and federal funding, NCTC 2024/25 Overall Work Program – DRAFT March 2024 33 ransit Services Commission (TSC): This commission oversees and advises as necessary the daily operations of the western Nevada County transit system. The TSC has the following responsibilities:
• Establish fares;
• Adopt the level of transit and paratransit services, including route structure and service areas; • Monitor public response;
• Approve proposed purchase of additional vehicles;
• Review and approve the annual budget for transit and paratransit operations.
Transportation Development Act (TDA): The Transportation Development Act was enacted in 1971 and provides two major sources of funding for public transportation: the Local Transportation Fund (LTF) and the State Transit Assistance fund (STA). The TDA funds a wide variety of transportation programs, including planning and programming activities, pedestrian and bicycle facilities, community transit services, and public transportation projects. One of NCTC’s major responsibilities is the administration of TDA funding in Nevada County.
Travel Demand Model (also Traffic Model): A computer model used to estimate travel behavior and travel demand for a specific future time frame, based on a number of assumptions. In general, travel analysis is performed to assist decision makers in making informed transportation planning decisions. The strength of modern travel demand forecasting is the ability to ask critical “what if” questions about proposed plans and policies.
Truckee North Tahoe Transportation Management Association (TNT/TMA): The Truckee North Tahoe Transportation Management Association is dedicated to fostering public-private partnerships and resources for the advocacy and promotion of innovative solutions to the unique transportation challenges of the Truckee-North Lake Tahoe Resort Triangle. The TNT/TMA is a planning stakeholder and partner with NCTC.
Truckee Tahoe Airport Land Use Commission (TTALUC): The Truckee Tahoe Airport is an "intercounty" airport situated in both Nevada County and Placer County; therefore, a special ALUC with representatives from both counties was formed. Six members are selected, one each, by Placer and Nevada Counties' Board of Supervisors, City Selection Committees, and Airport Managers of each county. A seventh member is chosen by the other six members to represent the general public. NCTC authorized its staff on May 19, 2010, to provide staff support to the TTALUC.
Truckee Tahoe Airport Land Use Compatibility Plan (TTALUCP): A document referred to by the TTALUC and individuals seeking to review standards for land use planning in the vicinity of the Truckee Tahoe Airport.
The plan defines compatible land uses for noise, safety, airspace protection, and overflight. The TTALUC performs consistency determinations for proposed projects in the area covered by the Compatibility Plan as needed.
Vehicle Miles Traveled (VMT): VMT is a metric of the total miles traveled by vehicles in a defined area over a defined period of time and is often used to estimate the environmental impacts of driving, such as Greenhouse Gases and air pollutant emissions. Factors that influence VMT include travel mode, number of trips, and distance traveled. California jurisdictions are transitioning from a Level of Service (LOS) metric to a Vehicle Miles Traveled (VMT) metric within the California Environmental Quality Act’s (CEQA) transportation analysis.
Table 1
DRAFT Amendment 2
FY 2024/25 FY 2023/24
LTF Administration 747,537.11 703,052.78 44,484.33
LTF Planning 179,261.89 125,019.00 54,242.89
LTF Contingency 197,764.02 49,159.84 148,604.18
Rural Planning Assistance (RPA) Formula 294,000.00 294,000.00 0.00 Rural Planning Assistance (RPA) Formula Carryover 23,827.79 23,827.79 0.00 Rural Planning Assistance (RPA) Grants 195,000.00 195,000.00 0.00 Rural Planning Assistance (RPA) G rants Carryover 303,961.67 278,961.67 25,000.00 Regional Transportation Mitigation Fees (RTMF) 7,500.00 7,500.00 0.00 RCTF Dues 8,000.00 0.00 8,000.00
STIP Planning Funds (PPM) 114,804.39 110,982.57 3,821.82 ALUC Fees 15,000.00 15,000.00 0.00
Regional Surface Transportation Program (RSTP) 110,737.18 80,720.28 30,016.90 LTF Carryover 166,201.67 189,736.24 -23,534.57
TOTAL 2,363,595.73 2,072,960.18 290,635.55
DRAFT Amendment 2
FY 2024/25 FY 2023/24
Salary 699,075.29 679,114.00 19,961.29
Benefits 232,472.99 227,845.57 4,627.42
Direct (Table 2) 1,016,941.57 902,193.57 114,748.00
Indirect (Table 3) 174,310.00 174,310.00 0.00
Contingency 240,795.88 89,497.04 151,298.84
TOTAL 2,363,595.73 2,072,960.18 290,635.55
Estimated Actual Difference
Fund Balance FY 2024/25 FY 2022/23
$32,201.94 $198,403.61 ($166,201.67)
Revenues
Expenditures Difference
Difference
Budget Summary FY2024/25 Draft OWP
NCTC 2024/25 Overall Work Program – DRAFT March 2024 B1
1.1 Intergovernmental Advocacy $52,000.00 $52,000.00 $0.00 LTF
1.1 Human Resources Consulting $5,000.00 $5,000.00 $0.00 LTF
1.2 Fiscal Auditor $57,500.00 $57,500.00 $0.00 LTF
1.2 Triennial Performance Audits $50,000.00 $0.00 $50,000.00 LTF
2.1 Traffic Counts $10,000.00 $10,000.00 $0.00 RPA, PPM, LTF
2.1 Transportation Engineering $40,000.00 $40,000.00 $0.00 RPA, PPM, LTF
2.1 Local Agencies Participation in Regional Planning $30,000.00 $30,000.00 $0.00 RPA, PPM, LTF
2.1.1 Regional Transportation Plan Update $67,684.90 $67,684.90 $0.00 RPA
2.3.3 Eastern Nevada County Transit Development Plan $74,995.00 $74,995.00 $0.00 LTF
2.4 Consultant Prepared ATP Applications $30,000.00 $0.00 $30,000.00 RSTP
2.4 Rural Counties Task Force $2,000.00 $2,000.00 $0.00 LTF
2.4 Statewide Local Streets and Roads Needs Assessment $800.00 $800.00 $0.00 LTF
2.4.1 Local Road Safety Plan $80,000.00 $80,000.00 $0.00 RSTP
2.4.2 Airport Land Use Commission Planning & Reviews $15,000.00 $15,000.00 $0.00 ALUC, LTF
2.4.3 Zion St. Mobility/School Access study $115,000.00 $115,000.00 $0.00 RPA Grant
2.4.4 RCTF Rural Induced Demand Study $130,041.76 $130,041.76 $0.00 RPA Grant
2.4.5 Rural Counties Task Force CARL Administration $25,000.00 $0.00 $25,000.00 RPA Grant
2.4.5 Rural Counties Task Force Travel $8,000.00 $0.00 $8,000.00 RCTF Dues
2.4.6 Zero Emission Vehicle Transition Plan for County of Nevada $223,919.91 $223,919.91 $0.00 RPA Grant TOTAL $1,016,941.57 $903,941.57 $113,000.00
Work Element
Table 2
Difference Source Amendment 2
23/24 DRAFT 24/25
Direct Costs Budget FY 2024/25 Draft OWP
NCTC 2024/25 Overall Work Program – DRAFT March 2024 B2 Draft Amendment 2
FY 24/25 FY 23/24
13.2 Nevada County Auditor/Controller $30,000 $30,000 $0 0.00%
13.1 Legal Counsel $15,000 $15,000 $0 0.00%
13.3 TNT/TMA Membership $4,125 $4,125 $0 0.00%
13.21 Website Update/Maintenance $11,500 $11,500 $0 0.00%
13.17 Nevada County ERC Membership $1,000 $1,000 $0 0.00% Insurance $22,250 $22,250 $0 0.00%
1.1 General Liability & Errors and Omissions $18,250 $18,250 $0 0.00%
1.3 Workers' Compensation $4,000 $4,000 $0 0.00%
Office Expenses $29,120 $29,120 $0 0.00%
2.1 Phones $900 $900 $0 0.00%
2.2 Equipment Rental $500 $500 $0 0.00%
2.3 Records Storage $2,000 $2,000 $0 0.00%
2.4 Equipment Maintenance Agreements $1,000 $1,000 $0 0.00%
2.5 Publications/Legal Notices $2,500 $2,500 $0 0.00%
2.6 Janitoral Services $1,500 $1,500 $0 0.00%
2.7 Payroll Service $1,800 $1,800 $0 0.00%
2.8 Supplies $2,500 $2,500 $0 0.00%
2.9 Printing & Reproduction $250 $250 $0 0.00%
2.10 Subscriptions $300 $300 $0 0.00%
2.11 Computer Software & Network Maintenance $11,250 $11,250 $0 0.00%
2.12 Postage $300 $300 $0 0.00%
2.13 Telework Reimbursement $4,320 $4,320 $0 0.00%
3 Equipment $4,800 $4,800 $0 0.00%
Copier/Printer $800 $800 $0 0.00%
Office Furniture $500 $500 $0 0.00%
Laptop /Computer $3,000 $3,000 $0 0.00%
Miscellaneous $500 $500 $0 0.00%
5 Training and Conferences $2,000 $2,000 $0 0.00%
6 Office Lease $28,000 $28,000 $0 0.00%
7 Utilities $3,000 $3,000 $0 0.00%
8 Travel - Meals & Lodging $10,000 $10,000 $0 0.00%
9 Travel - Mileage/Fares/Parking $10,000 $10,000 $0 0.00% 10 Professional & Service Organizations $3,515 $3,515 $0 0.00% TOTAL $174,310 $174,310 $0 0.00%
Table 3
Indirect Costs Budget FY 2024/25 Draft OWP
ACCT ITEM Variance Variance %
NCTC 2024/25 Overall Work Program – DRAFT March 2024 B3 RSTP Other
1.1 General Services 310,249.93 29,812.07 7,500.00 347,562.00
1.2 Fiscal Administration 437,287.18 437,287.18
2.1 Transportation Planning 262.96 28,197.36 39,737.04 71,772.53 139,969.89
2.1.1 Regional Transportation Plan Update 119,507.04 119,507.04
2.2 Transportation Improvement Program 7,231.77 38,648.05 45,879.82
2.3 Transit & Paratransit Programs 16,286.85 46,332.82 62,619.67
2.3.3 Eastern Nevada County Transit Development Plan 74,995.00 26,534.90 14,172.51 115,702.41
2.4 Coordination of Regional Planning 92,113.12 38,188.23 30,000.00 160,301.35
2.4.1 Local Road Safety Plan (LRSP) 80,737.18 80,737.18
2.4.2 Airport Land Use Commission Planning & Reviews 19,950.49 15,000.00 34,950.49
2.4.3 Zion St. Mobility/School Access study 113.47 120,000.00 120,113.47
2.4.4 RCTF Rural Induced Demand Study 50,000.00 80,041.76 35,602.54 165,644.30
2.4.5 Rural Counties Task Force & CARL Adminstration 10,593.82 25,000.00 8,000.00 43,593.82
2.4.6 Zero Emission Vehicle Transition Plan for Co of Nev 1,183.53 223,919.91 23,827.79 248,931.23 Contingency 197,764.02 43,031.86 240,795.88
Totals 926,799.00 363,965.69 195,000.00 303,961.67 294,000.00 23,827.79 15,000.00 7,500.00 114,804.39 110,737.18 8,000.00 2,363,595.73 Totals may not equal addition of amounts in columns due to rounding.
LTF
Carryover 24/25 LTF RPA Grants RPA Grant Carryover RPA Formula Table 4
Work Element TOTAL RPA Formula
Carryover ALUC Fees RTMF STIP Planning PPM
Revenues - FY 2024/25 Draft OWP
NCTC 2024/25 Overall Work Program – DRAFT March 2024 B4 Expenditures - FY 2024/25 Draft OWP
PY Staff Indirect Transportation
Engineering Consulting Total
1.1 General Services 1.65 244,762.41 45,799.60 57,000.00 (1) 347,562.00
1.2 Fiscal Administration 1.73 277,804.75 51,982.43 107,500.00 (2) 437,287.18
2.1 Transportation Planning 0.23 42,348.77 17,621.13 40,000.00 40,000.00 (3) 139,969.89
2.1.1 Regional Transportation Plan Update 0.28 51,822.14 67,684.90 119,507.04
2.2 Transportation Improvement Program 0.21 38,648.05 7,231.77 45,879.82
2.3 Transit & Paratransit Programs 0.23 46,332.82 16,286.85 62,619.67
2.3.3 Eastern Nevada County Transit Development Plan 0.20 40,707.41 74,995.00 115,702.41
2.4 Coordination of Regional Planning 0.45 92,113.12 35,388.23 30,000.00 2,800.00 (4) 160,301.35
2.4.1 Local Road Safety Plan (LRSP) 0.00 737.18 80,000.00 80,737.18
2.4.2 Airport Land Use Commission Planning & Reviews 0.11 19,950.49 15,000.00 34,950.49
2.4.3 Zion St. Mobility/School Access study 0.02 5,113.47 115,000.00 120,113.47
2.4.4 RCTF Rural Induced Demand Study 0.18 35,602.54 130,041.76 165,644.30
2.4.5 Rural Counties Task Force & CARL Adminstration 0.13 10,593.82 33,000.00 (5) 43,593.82
2.4.6 Zero Emission Vehicle Transition Plan for Co of Nev 0.13 25,011.32 223,919.91 248,931.23 Contingency 240,795.88 240,795.88
TOTAL 5.46 931,548.28 174,310.00 40,000.00 713,641.57 120,000.00 384,095.88 2,363,595.73 Notes:
(3) $10,000 Traffic Counts, Local Agency (WE 2.1): Nev. Co. $7,500; Truckee $7,500; Nevada City $7,500; Grass Valley $7,500. (4) $2,000 Rural Counties Task Force Dues, $800 Statewide Local Streets and Roads (5) $25,000 RCTF CALCOG Leadership Academy; $8,000 RCTF Travel Expense Indirect Costs are paid with local funds, no RPA or STIP planning funds are used.
Table 5
Work Elements Local Agency Other
(2) $57,500 Fiscal Audit Contract; $50,000 Triennial Performance Audit Totals may not equal addition of amounts in columns due to rounding. (1) $52,000 Intergovernmental Advocacy, $5,000 Human Resources Consulting NCTC 2024/25 Overall Work Program – DRAFT March 2024 B5 ACCT Table 6 Budget Detail FY 2024/25 Draft OWP ALLOCATION 1 Insurance 22,250.00
1.1 General Liability & Errors and Omissions 18,250.00
1.3 Workers' Compensation 4,000.00
2 Office Expenses 29,120.00
2.1 Phones 900.00
2.2 Equipment Rental 500.00
2.3 Records Storage 2,000.00
2.4 Equipment Maintenance Agreements 1,000.00
2.5 Publications/Legal Notices 2,500.00
2.6 Janitorial Services - carpets, blinds, interior painting, etc. 1,500.00
2.7 Payroll Service 1,800.00
2.8 Supplies 2,500.00
2.9 Printing & Reproduction 250.00
2.10 Subscriptions 300.00
2.11 Computer Software & Network Maintenance 11,250.00
2.12 Postage 300.00
2.13 Telework Reimbursement 4,320.00
3 Equipment 4,800.00
5 Training and Conferences 2,000.00
6 Office Lease 28,000.00
7 Utilities 3,000.00
8 Travel - Meals & Lodging 10,000.00
9 Travel - Mileage/ Fares/ Parking 10,000.00
10 Professional & Service Organizations 3,515.00
Subtotal Items 1-10 112,685.00
11 Contingency 240,795.88
12 Salaries, Wages, & Benefits 931,548.28
12.1 Executive Director 242,896.17
12.11 Deputy Executive Director 212,691.21
12.2 Administrative Services Officer 153,922.38
12.3 Transportation Planner 148,196.28
12.4 Administrative Assistant 104,904.66
12.8 Temporary Employee 68,937.57
13 Other Services 1,078,566.57
13.1 Legal Counsel 15,000.00
13.2 Nevada County Auditor/Controller 30,000.00
13.3 TNT/TMA Membership 4,125.00
13.4 Fiscal Audits (WE 1.2) 57,500.00
13.6 Triennial Performance Audits (WE 1.2) 50,000.00
13.7 Traffic Counts (WE 2.1) 10,000.00
13.8 Transportation Engineering (WE 2.1) 40,000.00
13.11a Local Agencies (WE 2.1) 30,000.00
13.11b Local Agency LRSP (WE 2.4.1) 80,000.00
13.16a Rural Counties Task Force Membership (WE 2.4) 2,000.00
13.16b Statewide Local Streets and Roads Needs Assessment (WE 2.4) 800.00
13.17 Nevada County ERC Membership 1,000.00
13.19 Eastern Nev. Co. Transit Development Plan (WE 2.3.3) 74,995.00
13.21 Website Update/Maintenance 11,500.00
13.23 Regional Transportation Plan Update (WE 2.1.1) 67,684.90
13.30 Airport Land Use Commission Project Reviews (WE 2.4.2) 15,000.00
13.48 Human Resources Consulting (WE 1.1) 5,000.00
13.57 RCTF Rural Induced Demand Study (WE 2.4.4) 130,041.76
13.58 Zero Emission Vehicle Transition Plan for County of Nevada (WE 2.4.6) 223,919.91
13.59 Intergovernmental Advocacy (WE 1.1) 52,000.00
Consultant Prepared ATP Applications (WE 2.4) 30,000.00
13.61 Zion St .Mobility/School Access study (WE 2.4.3) 115,000.00 RCTF CARL Administration (WE 2.4.5) 25,000.00
RCTF Travel (WE 2.4.5) 8,000.00
TOTAL Budget Items 1-13 2,363,595.73
Indirect Costs
Accounts 1 through 10 112,685.00
Legal 15,000.00
Nevada Co. Auditor/Controller 30,000.00
TNT/TMA 4,125.00
Nevada Co. ERC Membership 1,000.00
Website Update/Maintenance 11,500.00
Total Indirect Costs 174,310.00
Calculated Indirect Rate Indirect Cost / Salaries & Benefits 18.71% NCTC 2024/25 Overall Work Program – DRAFT March 2024 B6 101 Providence Mine Road, Suite 102, Nevada City, California 95959 (530) 265-3202 Fax (530) 265-3260 E-mail: [email protected] Web Site: www.nctc.ca.gov
File:1030.0
MEMORANDUM
TO: Bryan McAlister, City Engineer
FROM: Mike Woodman, Executive Director
SUBJECT: Proposed Projects for Nevada County Transportation Commission’s FY 2024/25 Overall Work Program
DATE: April 11, 2023
RECOMMENDATION: In accordance with the Memorandum of Understanding regarding regional transportation planning (attached), Nevada County Transportation Commission (NCTC) is requesting the Nevada City City Council review and approve the projects proposed for inclusion in the NCTC’s FY 2024/25 Overall Work Program (OWP).
BACKGROUND: Annually each Regional Transportation Planning Agency (RTPA) develops an OWP for formal adoption by its governing board. The OWP outlines the scope of work and budget for various transportation planning activities. The OWP is a requirement of NCTC’s Master Fund Transfer Agreement with the State of California and includes the following three components: Introduction, Work Elements (W.E.), and Budget. The purpose of this draft OWP for the FY 2024/25 is:
1. To show how the Federal Planning Factors will be integrated into the OWP Work Elements.
2. To outline continuing and new activities.
3. To present a summary of the expected revenues and expenditures for the fiscal year.
A final OWP will be presented for approval at the May 15, 2024 NCTC meeting.
FEDERAL PLANNING FACTORS FOR FY 2024/25
As shown in the chart on page I-5 in the Draft OWP, the Federal Planning Factors that have been integrated into NCTC’s FY 2024/25 OWP:
1. Support the economic vitality of the region, especially by enabling global competitiveness, productivity, and efficiency.
2. Increase the safety of the transportation system for motorized and non-motorized users.
3. Increase the security of the transportation system for motorized and non-motorized users.
4. Increase the accessibility and mobility of people and for freight.
MICHAEL WOODMAN, Executive Director
AARON HOYT, Deputy Executive Director
DANIELA FERNANDEZ – Nevada City City Council
SUSAN HOEK – Nevada County Board of Supervisors
TOM IVY – Grass Valley City Council
ED SCOFIELD – Nevada County Board of Supervisors, Chair JAY STRAUSS – Member-At-Large
DUANE STRAWSER – Member-At-Large
JAN ZABRISKIE – Town of Truckee
Grass Valley • Nevada City Nevada County • Truckee
Proposed Projects for NCTC FY 2024/25 Overall Work Program
5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns.
6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight.
7. Promote efficient system management and operation.
8. Emphasize the preservation of the existing transportation system.
9. Improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation.
10. Enhance travel and tourism.
OWP WORK ELEMENTS
NCTC's OWP integrates the Commission's organizational activities of Planning, Communication, and Coordination into two broad Work Elements: Communication and Coordination, and Regional Planning.
Each Work Element is further subdivided into projects that accomplish specific tasks or objectives.
The following ongoing activities have been integrated into the Draft FY 2024/25 OWP:
1. State Transportation Improvement Program Projects:
A. SR 49 Corridor Improvement Project from La Barr Meadows Road to McKnight Way:
NCTC will continue to coordinate with Caltrans District 3 in the preparation of the design, right-of-way, and construction phases. (WE 2.2).
2. Planning/Administration Projects:
A. Congestion Mitigation and Air Quality (CMAQ) Funding: Monitor project activities as shown on the multi-year project listing (WE 2.1).
B. Air Quality Conformity Process: Monitor changes in EPA requirements (WE 2.1).
C. Nevada County Regional Transportation Plan (RTP) Update: NCTC staff and the transportation consulting firm DKS will continue preparation of the final RTP update.
D. Eastern Nevada County Transit Development Plan: NCTC staff will continue preparation of the final report. (W.E. 2.3.3)
E. Nevada County Local Road Safety Plan Update: NCTC staff in coordination with Nevada County will procure a transportation consulting firm to prepare an update of the Nevada County Local Road Safety Plan. (W.E. 2.4.1)
F. Zion Street Mobility/School Access Study: NCTC staff in coordination with the City of Nevada City will work with the selected transportation consulting firm to analyze costeffective improvements in Zion Street Corridor related to improving safety and pedestrian and bicycle connectivity to school facilities. W.E. 2.4.3) G. Rural Counties Task Force Rural Induced Demand Study: NCTC staff in coordination with the transportation consulting firms of DKS Associates and GHD, Inc. will conduct outreach activities with state and regional agencies. (W.E. 2.4.4) Proposed Projects for NCTC FY 2024/25 Overall Work Program
H. Zero Emission Vehicle Transition Plan for County of Nevada: NCTC staff will continue to coordinate with Nevada County and the consultant firm Frontier Energy to complete the final report.
The following Work Elements are included in the work program each year as they are activities that the NCTC must conduct to fulfill its statutory responsibilities:
WORK ELEMENT 1 - ADMINISTRATION
Project 1.1 - General Services and Communication
Project 1.2 – Fiscal Administration
WORK ELEMENT 2 - REGIONAL TRANSPORTATION PLANNING
Project 2.1 - Transportation Planning
Project 2.2 - Transportation Improvement Programs
Project 2.3 - Transit and Paratransit Programs
If you have any questions, please feel free to call me at 530-265-3202. attachments
cc: Stephe Erlandson, Gabrielle Christakes
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 09
Subject: Consideration of the 2023 Consumer Confidence
Drinking Water Report.
From: Michael Faudoa, Chief Plant Operator
Date: March 25, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The City of Nevada City is committed to serving our customers through the transparent and accountable management of our water resources. In addition, the United States Environmental Protection Agency (EPA) and State Water Resources Control Board (Water Board) require water systems to deliver a Consumer Confidence Report (CCR), also known as an annual drinking water quality report, to their customers. These reports provide the Community with information about their local drinking water quality.
In order to comply with US Environmental Protection Agency requirements, the Consumer Confidence Drinking Water Reports must be made available to customers and provided to the state of California by July 1 of each year and must contain specified content. The 2023 edition of the CCR is included as an attachment. The 2023 CCR will be mailed to all water customers in the City by the end of May 2024 and included in the April/May City Newsletter. The 2023 CCR, and previous years CCRs, have been made available on the City website.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is aligned with the strategic initiative of WATER: Maintenance of cost efficient, reliable, resilient, and sustainable drinking and irrigation water sources and wastewater treatment capabilities. This action is 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:
Consumer Confidence Report Cover Letter
2023 Consumer Confidence Report
City of Nevada City
City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496
FOR IMMEDIATE RELEASE
Date: April 2, 2024
Contact: Bryan McAlister, Public Works Director / City Engineer Michael Faudoa, Chief Plant Operator
Phone: 530-265-2496
Email: [email protected]
[email protected]
Nevada City Drinking Water Consumer Confidence Report 2023
DEAR VALUED CUSTOMER
We are pleased to share the 2023 Drinking Water Consumer Confidence Report for the City of Nevada City.
This report contains important water quality testing results, background on our water resources, and health information for sensitive populations. As you will read, the City has successfully met strict water quality guidelines set by the California Division of Drinking Water (CDDW) and the United States Environmental Protection Agency (USEPA). The Water team continues its commitment to work hard each and every day to ensure the delivery of safe, clean and reliable drinking water. More than ever, tap water is vital to our community’s health and safety. Please rest assured that our water treatment processes, as they always have, will continue to protect you and your family by removing harmful organisms and viruses. Through the dedication and commitment of our essential workforce we continue to serve you safe and reliable drinking water. Our skilled and State Certified personnel ensure water treatment facilities are maintained and water quality is monitored, sampled, and tested regularly. All water served to you and your family is treated and tested rigorously to meet state and federal drinking water standards.
The Drinking Water Consumer Confidence Report is available on the City’s website at https://www.nevadacityca.gov/files/documents/ConsumerConfidenceReport20231338025446031224PM.pdf Information on the report was shared in the Nevada City Summer Newsletter at https://www.nevadacityca.gov/pview.aspx?id=20779
You are invited to attend or watch the Nevada City Council Meeting on April 24, 2024, during which a presentation will be provided on the report and there will be an opportunity for public input. The agenda for the meeting can be found here
https://www.nevadacityca.gov/agendalist.aspx?categoryid=9947 2015 SWS CCR Form Revised Jan 2016
2023 Consumer Confidence Report
Water System Name: Nevada City WTP 2910002 Report Date: 3/12/2024 We test the drinking water quality for many constituents as required by state and federal regulations. This report shows the results of our monitoring for the period of January 1 - December 31, 2023 and may include earlier monitoring data.
Este informe contiene información muy importante sobre su agua potable. Tradúzcalo ó hable con alguien que lo entienda bien.
Type of water source(s) in use: Surface Water
Name & general location of source(s): Deer Creek Watershed, Nevada Irrigation District DS Canal Drinking Water Source Assessment information:
The City of Nevada City water system is located in Nevada County CA, serving a population of 3,010, with approximately 1,252 service connections. Water for the system is provided by surface water in Deer Creek watershed, and by the Nevada Irrigation District’s DS Canal. General land uses in the watershed are residential dwellings, managed forests and undeveloped land. A surface water source assessment was competed for the Deer Creek watershed in 2021. This surface water source is considered to be vulnerable to storm drain discharge; historic mining, propane storage tanks, septic systems, use of pesticides and herbicides, fertilizers, managed forests, streets, roads, and water supply wells. A complete copy of NID’s complete assessment is available for review at Nevada City Hall, 317 Broad St., Nevada City CA 95959. You may also contact the State Water Resources Control Board, Division of Drinking Water, 1001 I Street, Sacramento, CA, 95814 to review either of the source water assessment reports.
Time and place of regularly scheduled board meetings for public participation: City Council meetings are held on the 2nd and 4th Wednesdays of each month,
starting at 6:30 PM
For more information, contact: Michael R Faudoa, Chief Plant Operator Phone: (530) 265-8668
TERMS USED IN THIS REPORT
Maximum Contaminant Level (MCL): The highest
level of a contaminant that is allowed in drinking
water. Primary MCLs are set as close to the PHGs (or
MCLGs) as is economically and technologically
feasible. Secondary MCLs are set to protect the odor,
taste, and appearance of drinking water.
Maximum Contaminant Level Goal (MCLG): The
level of a contaminant in drinking water below which
there is no known or expected risk to health. MCLGs
are set by the U.S. Environmental Protection Agency
(USEPA).
Public Health Goal (PHG): The level of a
contaminant in drinking water below which there is no
known or expected risk to health. PHGs are set by the
California Environmental Protection Agency.
Maximum Residual Disinfectant Level (MRDL):
The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a
disinfectant is necessary for control of microbial
contaminants.
Maximum Residual Disinfectant Level Goal
(MRDLG): The level of a drinking water disinfectant
Primary Drinking Water Standards (PDWS): MCLs and
MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.
Secondary Drinking Water Standards (SDWS): MCLs for
contaminants that affect taste, odor, or appearance of the drinking water. Contaminants with SDWSs do not affect the health at the MCL levels.
Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.
Regulatory Action Level (AL): The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
Variances and Exemptions: State Board permission to
exceed an MCL or not comply with a treatment technique
under certain conditions.
ND: not detectable at testing limit
ppm: parts per million or milligrams per liter (mg/L)
ppb: parts per billion or micrograms per liter (µg/L)
ppt: parts per trillion or nanograms per liter (ng/L)
Consumer Confidence Report Page 2 of 6
2015 SWS CCR Form Revised Jan 2016
below which there is no known or expected risk to
health. MRDLGs do not reflect the benefits of the use
of disinfectants to control microbial contaminants.
ppq: parts per quadrillion or picogram per liter (pg/L) pCi/L: picocuries per liter (a measure of radiation)
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.
Contaminants that may be present in source water include:
• Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
• Inorganic contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming. • Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
• Organic chemical contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive contaminants, that can be naturally-occurring or be the result of oil and gas production and mining activities.
In order to ensure that tap water is safe to drink, the USEPA and the State Water Resources Control Board (State Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems.
State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.
Tables 1, 2, 3, 4, 5, 7, and 8 list all of the drinking water contaminants that were detected during the most recent sampling for the constituent. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. The State Board allows us to monitor for certain contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of the data, though representative of the water quality, are more than one year old.
TABLE 1 – SAMPLING RESULTS SHOWING THE DETECTION OF COLIFORM BACTERIA Microbiological
Contaminants
(complete if bacteria detected)
Highest No.
of Detections
No. of months in
violation MCL MCLG Typical Source of Bacteria
Total Coliform Bacteria (In a mo.) 0 More than 1 sample in a month with a detection
0 Naturally present in the
environment
Fecal Coliform or E. coli (In the year) 0 A routine sample and a repeat sample detect
total coliform and either
sample also detects fecal
coliform or E. coli
0 Human and animal fecal waste
TABLE 2 – SAMPLING RESULTS SHOWING THE DETECTION OF LEAD AND COPPER Lead and Copper
(complete if lead or copper
detected in the last sample set)
Sample
Date
No. of
sample
s
collecte
d
90th
percentile
level
detected
No. sites
exceeding
AL
AL PHG Typical Source of Contaminant
Lead (ppb) 2023 10 0.093 0 15 0.2 Internal corrosion of household water plumbing systems;
discharges from industrial
manufacturers; erosion of natural
deposits
Copper (ppb) 2023 10 ND 0 1300 300 Internal corrosion of household plumbing systems; erosion of
natural deposits; leaching from
wood preservatives.
Consumer Confidence Report Page 3 of 6
2015 SWS CCR Form Revised Jan 2016
TABLE 3 – SAMPLING RESULTS FOR SODIUM AND HARDNESS
Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections MCL PHG(MCLG) Typical Source of Contaminant
Sodium (ppm) 11/13/2023 2.2 none none Salt present in the water and is generally naturally occurring.
Hardness (ppm) 11/13/2023 12 none none Sum of polyvalent cations present in the water, generally magnesium
and calcium, and are usually
naturally occurring.
*Any violation of an MCL or AL is asterisked. Additional information regarding the violation is provided later in this report.
TABLE 4 – DETECTION OF CONTAMINANTS WITH A PRIMARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections
MCL
[MRDL]
PHG
(MCLG)
[MRDLG]
Typical Source of Contaminant
Gross Alpha (pCi/L) 11/13/2023 1.9 1.9 15 0 Erosion of natural deposits.
Five Haloacetic Acids
(HAA5) (ppb)
11/13/2023 18.0 13.4-21.5 60 N/A Byproduct of drinking water chlorination.
Total Trihalomethanes
(TTHM) (ppb)
11/13/2023 24.4 13.0-27.0 80 N/A Byproduct of drinking water chlorination.
Chlorine (ppm) 11/13/2023 0.85 0.61-1.22 4 4 Drinking water disinfectant.
TABLE 5 – DETECTION OF CONTAMINANTS WITH A SECONDARY DRINKING WATER STANDARD Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections MCL PHG
(MCLG) Typical Source of Contaminant
Total Dissolved Solids
(ppm)
11/13/2023 32 1,000 None Runoff/leaching from natural
sources.
Sulfate as SO4 (ppm) 11/13/2023 1.7 - 500 None Runoff/leaching from natural sources.
Chloride (ppm) 11/13/2023 1.7 - 500 None Runoff/leaching from natural sources.
Aluminum (ppb) 11/13/2023 5.6 0-66.7 1000 600 Naturally present and residual from treatment process.
Specific Conductance
(umhos/cm)
11/13/2023 36 - 1,600 None Substances that form ions when in water.
Consumer Confidence Report Page 4 of 6
2015 SWS CCR Form Revised Jan 2016
TABLE 6 – DETECTION OF UNREGULATED CONTAMINANTS
Chemical or Constituent
(and reporting units)
Sample
Date
Level
Detected
Range of
Detections Notification Level Health Effects Language
Total Organic Carbon
(ppm)
11/13/2023
1.90 0-2.19
None
Total organic carbon (TOC) has
no health effects. However,
total organic carbon provides a
medium for the formation of
disinfection byproducts. These
byproducts include
trihalomethanes (THMs) and
haloacetic acids (HAAs).
Drinking water containing these
byproducts in excess of the
MCL may lead to adverse health
effects, liver or kidney problems,
or nervous system effects, and
may lead to an increased risk of
cancer
Barium (ppb)
11/13/2023
Non detect None
Some people who drink water
containing barium in excess of
the MCL over many years may
experience an increase in blood
pressure.
Total Alkalinity (ppm) 11/13/2023 14.7 8.9-23.5 None none *Any violation of an MCL, MRDL, or TT is asterisked. Additional information regarding the violation is provided later in this report.
Additional General Information on Drinking Water
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that the water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline (1-800-426-4791).
Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).
Lead-Specific Language for Community Water Systems: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Nevada City Water Treatment Plant is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. [Optional: If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants.] If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/lead.
Consumer Confidence Report Page 5 of 6
2015 SWS CCR Form Revised Jan 2016
Summary Information for Violation of a MCL, MRDL, AL, TT, or Monitoring and Reporting Requirement
VIOLATION OF A MCL, MRDL, AL, TT, OR MONITORING AND REPORTING REQUIREMENT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
0 0
For Systems Providing Surface Water as a Source of Drinking Water TABLE 8 - SAMPLING RESULTS SHOWING TREATMENT OF SURFACE WATER SOURCES Treatment Technique (a)
(Type of approved filtration technology used) Conventional Treatment-Filtration Turbidity Performance Standards (b)
(that must be met through the water treatment process)
Turbidity of the filtered water must:
1 – Be less than or equal to 0.3NTU in 95% of measurements in a month. 2 – Not exceed 1.0 NTU for more than eight consecutive hours. 3 – Not exceed 5.0 NTU at any time.
Lowest monthly percentage of samples that met Turbidity Performance Standard No. 1.
83%
Highest single turbidity measurement during the year 0.9 Number of violations of any surface water treatment
requirements
1 (a) A required process intended to reduce the level of a contaminant in drinking water. (b) Turbidity (measured in NTU) is a measurement of the cloudiness of water and is a good indicator of water quality and filtration performance.
Turbidity results which meet performance standards are considered to be in compliance with filtration requirements. * Any violation of a TT is marked with an asterisk. Additional information regarding the violation is provided below.
Consumer Confidence Report Page 6 of 6
2015 SWS CCR Form Revised Jan 2016
Summary Information for Violation of a Surface Water TT
VIOLATION OF A SURFACE WATER TT
TT Violation Explanation Duration Actions Taken to Correct the Violation
Health Effects
Language
1 Storm events affecting
the treatment facility,
late December 2022
throughout January
2023, the area
experienced several
storm events, heavy
rainfall and snow.
On January 10 and 11,
treated water turbidity
daily average was 0.31
and 0.46 NTU
respectively.
On January 16, the daily
average was 0.31 NTU.
On January 20 through
the 23rd the daily
average was >0.3 but <
1.0 NTU.
On January 23, staff
sampled three sites,
including the treatment
plant treated water for
coliform. The results
were all “absent”.
Turbidity has no
health effects.
However, high
levels of turbidity
can interfere with
disinfection and
provide a
medium for
microbial growth.
Turbidity may
indicate the
presence of
disease-causing
organisms.
These organisms
include bacteria,
viruses, and
parasites that
can cause
symptoms such
as nausea,
cramps, diarrhea,
and associated
headaches.
0 0
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: April 10, 2024 Agenda Item No. 10
Subject: Consideration of 1) Resolution 2024-08: A Resolution of the City Council of the City of Nevada City, State of California, Reciting the Fact of Election on March 5, 2024, Declaring the Result and Such Other Matters as Provided by Law; 2) Resolution 2024-09: A Resolution of the City Council of the City of Nevada City, State of California, Authorizing the City Manager to Execute Agreements with the California
Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax; 3) Resolution 2024-10: A Resolution of the City of Nevada City Authorizing Examination of Sales or Transactions and Use Taxes Records; and 4)
Designation Letter: Authorization to Review Confidential Sales and Use Tax and Transactions and Use Tax Information per Section 7056 of the Revenue and Taxation Code.
From: Sean Grayson, City Manager
Date: April 1, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt resolution 2024-08, resolution 2024-09, resolution 2024-10, approve the designation letter, and authorize the City Manager to sign any related documents.
ISSUE STATEMENT AND DISCUSSION:
On October 18, 2023, the City Council adopted Resolution 2023-47: A Resolution of the City of Nevada City Calling a General Municipal Election on March 5, 2024, for the Purpose of Electing Three Members to the City Council and Requesting the Services of the Registrar of Voters and Ordering the Consolidation of the Election. The
On October 18, 2024, the City Council adopted Resolution 2023-48: A Resolution of the City of Nevada City, California, Submitting a Special Transactions and Use Tax Measure to the Voters at the March 5, 2024, General Municipal Election and Taking Certain Related Actions. On October 18, 2023 the City Council conducted first reading of, and on November 8, 2023 the City Council adopted Ordinance 2023- 10: An Ordinance of the City of Nevada City, California Imposing a Special Transactions and Use Tax to Be Administered by the California Department of Tax and Fee Administration to Fund the City’s Wildfire Prevention and Mitigation Program; and Consideration of Adoption of the Nevada City Wildfire Prevention and Mitigation Plan as Developed by the Nevada City Fire Safety Advisory Committee.
On March 5, 2024, the election was held, and results began to be tabulated by the Nevada County RegistrarRecorder during the election canvass period. On March 27, 2024 the Registrar-Recorder announced that the election had been certified, with results attached. The three people elected to the City Council are Daniela Fernández, Doug Fleming, and Gary Petersen. In addition to identifying the candidates for elective office of the City who have been elected to the City Council, the certified results also indicate that the transactions and use tax, referred to as ballot Measure C was approved by Nevada City voters.
On March 13, 2024, the City received instructions from the California Department of Tax and Fee Administration (CDTFA). In order for (CDTFA) to proceed with implementation to administer and collect transactions and use taxes for the City, the City Council is required to authorize the execution of related documents. The documents include adoption of resolutions 2024-09 and 2024-10 to approve the collections of the transactions and use taxes to be administered through the (CDTFA) and related agreements and authorize the City Manager or designee as the official representative from the City.
The certified election results are required to be transmitted to the City Council, pursuant to the California Elections Code Section 10262(b). In turn, the City Council, as required by Elections Code Section 10263, must meet to declare the results of the election, the adoption of resolution 2024-08 serves this requirement.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The cost for CDTFA to establish and administer the tax is distributed amongst agencies with a tax during the same period. The maximum cost to the city is $175,000 should there be no distribution of cost. The actual amount, once determined, will be budgeted for in the fiscal year 2024/2025 budget.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2024-08
Resolution 2024-09
Resolution 2024-10
Nevada County Certified Election Results from March 5, 2024 Elections Ordinance 2023-10
Designation Letter
RESOLUTION 2022-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY DECLARING THE RESULTS OF THE MARCH 5, 2024 GENERAL MUNICIPAL
ELECTION
WHEREAS, on October 18, 2023, by the adoption of its Resolution No. 2023-47, the City Council ordered that a General Municipal Election (the “Election”) be held on March 5, 2024 for the purpose of electing three Members of the City Council for full (four-year) terms; and
WHEREAS, on that same date, by the adoption of its Resolution No. 2023-48, the City Council submitted Ordinance No. 2023-10, the “Nevada City Wildfire Risk Mitigation Special Transactions and Use Tax Ordinance of 2024” (the “Ordinance”), to the voters at the Election; and
WHEREAS, both of these resolutions requested that the Election be consolidated with other elections conducted by the Registrar of Voters on March 5, 2024; and WHEREAS, the Registrar of Voters conducted the Election on the duly appointed date; and
WHEREAS, the question of the approval of the Ordinance appeared on the ballot at the Election as Measure C;
WHEREAS, the Registrar of Voters has canvassed the returns of the Election and has provided the City with a certified statement of the results of that canvass; and WHEREAS, the City Council now desires to declare the results of the Election.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF NEVADA CITY, THAT
1. The results of the Election are as set forth in the statement of official canvass attached hereto as Exhibit “A” and incorporated herein by reference.
2. The following persons have been duly elected to full (four-year) terms as a Member of the City Council:
a. Daniela Fernández
b. Doug Fleming
c. Gary Petersen
3. Measure C, which required a two-thirds vote at the Election, was passed with sufficient votes, and, therefore, the Ordinance has been adopted.
PASSED AND ADOPTED at a regular meeting of the City Council of Nevada City held on the 10th day of April, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Daniella Fernández, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
Exhibit A
Certified Report of the Results of the Election
RESOLUTION NO. 2024-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA
CITY, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT
OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A
LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on November 8, 2024, the City Council approved Ordinance No. 2023-10 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and WHEREAS, the Department requires that the City Council authorize the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Nevada City that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Nevada City held on April 10, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
DATED:
Daniela Fernández, Mayor
ATTEST:
Niel Locke, City Clerk
Resolution 2024-09 Appendix A
1 AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Nevada City, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Attention: City Manager
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF NEVADA CITY CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Sean Grayson
(Typed Name)
City Manager
(Title)
(Rev. 6/23)
Resolution 2024-09 Appendix B
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Nevada City has adopted, and the voters of the City of Nevada City (hereafter called “City” or “District”) have approved by the required majority vote, the City of Nevada City Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7252, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 2023-10, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. (Rev. 6/23) 2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rev. 6/23) 3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the (Rev. 6/23) 4
Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
(Rev. 6/23) 5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Attention: City Manager
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 10, 2024. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 6/23) 6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and nonappealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and (Rev. 6/23) 7
developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.
CITY OF NEVADA CITY CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
Sean Grayson
(Typed Name)
City Manager
(Title)
RESOLUTION NO. 2024-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY
AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX
RECORDS
WHEREAS, pursuant to Ordinance Number 360, the City of Nevada City (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Numbers 2006-36, 2007-03, 2013-12, 2014-11, 2020- 92, and 2023-10 Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Nevada City deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes - collected by the Department for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager, Assistant City Manager, Deputy City Manager, Finance Supervisor, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.
Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) City Administration
(b) Revenue Management and Budgeting
(c) Community and Economic Development
(d) Business License Tax Administration
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.
Section 3. That Hinderliter, de Llamas & Associates (HdL) Companies is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter, de Llamas & Associates (HdL) Companies:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.
Section 4. That Hinderliter, de Llamas & Associates (HdL) Companies is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribtuion of sales or transactions and use taxes that was filed by Hinderliter, de Llamas & Associates (HdL) Companies on behalf of the City pursuant to the contract between the Hinderliter, de Llamas & Associates (HdL) Companies and City. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and the Hinderliter, de Llamas & Associates (HdL) Companies:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
Section 5. That this resolution supersedes all prior resolutions of the City Council of the City of Nevada City adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
Introduced, approved and adopted this 10th day of April 2024.
ATTEST: (s) ___________________________ (s) ____________________________ Niel Locke, City Clerk Daniela Fernández, Mayor
I, Niel Locke, City Clerk of the City of Nevada City, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of Nevada City, at a regular meeting of said Council held on the 10th day of April, 2024, by the following roll call vote:
Ayes:
Noes:
Absent:
_______________________________
Niel Locke, City Clerk
Nevada County
March 5, 2024 Presidential Primary
3/5/2024