REGULAR CITY COUNCIL MEETING
WEDNESDAY, AUGUST 14, 2019
Regular Meeting - 6:30 PM
City Hall – Beryl P. Robinson, Jr. Conference Room 317 Broad Street, Nevada City, CA 95959
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.
Reinete Senum, Mayor Duane Strawser, Council Member Erin Minett, Vice Mayor David Parker, Council Member Valerie Moberg, Council Member
The City Council welcomes you to its meetings which are scheduled at 6:30 PM on the 2nd and 4th Wednesdays of each month. Your interest is encouraged and appreciated. This meeting is recorded on DVD and is televised on local public television Channel 17. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting. Please turn off all cell phones or similar devices. Action may be taken on any agenda item. Agenda notices are available at City Hall. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Hall at 317 Broad Street, Nevada City, CA during normal business hours.
ANY MEMBER OF THE PUBLIC DESIRING TO ADDRESS THE COUNCIL ON ANY ITEM ON THIS AGENDA: After receiving recognition from the Mayor, give your name and address, and then your comments or questions. Please direct your remarks to the Councilmembers. In order that all interested parties have an opportunity to speak, please limit your comments to the specific item under discussion. All citizens will be afforded an opportunity to speak, consistent with their Constitutional rights. Time limits shall be at the Mayor's discretion. IF YOU CHALLENGE the Council's decision on any matter in court, you will be limited to raising only those issues you or someone else raised at the meeting or Public Hearing described on this agenda, or in written correspondence delivered to the City Council at, or prior to, the meeting or Public Hearing.
CLOSED SESSION: None
Under Government Code Section 54950 members of the public are entitled to comment on the closed session agenda before the Council goes into closed session.
REGULAR MEETING – 6:30 PM - Call to Order
Roll Call: Mayor Senum, Vice Mayor Minett, Moberg, Parker & Strawser
PLEDGE OF ALLEGIANCE
PROCLAMATIONS:
PRESENTATIONS:
BUSINESS FROM THE FLOOR
1. PUBLIC COMMENT Under Government Code Section 54954.3, members of the public are entitled to address the City Council concerning any item within the Nevada City Council’s subject matter jurisdiction. Comments on items NOT ON THE AGENDA are welcome at this time. Normally, public comments are limited to no more than three minutes each. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.
2. COUNCIL MEMBERS REQUESTED ITEMS AND COMMITTEE REPORTS:
3. CONSENT ITEMS: All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, members of the Council, City staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action.
A. Subject: Notice of Completion for National Hotel and Main Street Sidewalks in Nevada City Recommendation: Pass Resolution 2019-XX, a Resolution for the City of Nevada City authorizing the Mayor to sign a Notice of Completion for the National Hotel and Main Street sidewalks in Nevada City and authorize the City Clerk to file said Notice of Completion with the Nevada County Recorder’s Office.
B. Subject: Award of Contract for Boulder Street Sidewalk and Railing in Nevada City Recommendation: Pass Resolution 2019-XX, a Resolution of the City of Nevada City to award a contract to DMCE Concrete & Engineering Contractors in the amount of $264,935 plus $30,000 contingencies for Boulder Street Sidewalk and Railing and authorize the Mayor to sign.
C. Subject: Agreement with Dan Cortinovis PE Consulting Civil Engineer for Wastewater Treatment Plant Permit Compliance Recommendation: Pass Resolution 2019-XX, A Resolution of the City Council of the City of Nevada City to Authorize a Professional Services Agreement with Dan Cortinovis PE Consulting Civil Engineer in an amount of $9,600 to assist with compliance with the City’s waste discharge permit with California Regional Water Quality Control Board and authorize the City Manager to sign.
D. Subject: Award Contract Amendment for Professional Engineering Services for Nevada Street Bridge over Deer Creek Recommendation: Pass Resolution 2019-XX, a Resolution of the City of Nevada City Awarding a Contract Amendment for a fixed price, not to exceed amount of $55,134.98 for Professional Engineering Services for Nevada Street Bridge over Deer Creek based on hourly labor, and other rates set forth in Consultant’s cost proposal, to Dokken Engineering of Folsom, CA and the authorize City Engineer to sign.
E. Subject: Approval of the Subrecipient Agreement with Nevada County Transportation Commission for Transportation Planning Recommendation: Pass Resolution 2019-XX, a Resolution approving the Subrecipient Agreement with the Nevada County Transportation Commission for transportation planning and Authorize the Mayor to sign.
F. Subject: Authorization for the City Engineer to Execute on Behalf of the City of Nevada City Right of Way Certifications for Federally Funded Projects with Caltrans Oversight Recommendation: Pass Resolution 2019-XX, a Resolution of the City Council of the City of Nevada authorizing the City Engineer to execute right-of-way certifications on behalf of the City of Nevada City for federal funded transportation projects with State of California, Department of Transportation oversight.
G. Subject: A Resolution Calling for a General Municipal Election on March 3, 2020 Recommendation: Pass Resolution 2019-XX, a Resolution of the City of Nevada City Calling for a General Municipal Election on March 3, 2020.
4. APPROVAL OF ACTION MINUTES:
A. City Council Meeting – July 23, 2019
5. DEPARTMENT REQUESTED ACTION ITEMS AND UPDATE REPORTS:
A. Subject: Old Airport Park Visioning Proposal Recommendation: Pass Resolution 2019-XX, a Resolution of the City of Nevada City to award a contract to JK Architecture Engineering to develop a conceptual plan for the Old Airport Property and authorize the City Manager to sign.
B. Subject: Nevada City Film Festival Special Sign Request at Robinson Plaza Recommendation: Review and approve the submitted sign request at Robinson Plaza advertising the Nevada City Film Festival.
C. Subject: A Resolution of the League of California Cities Calling on the California Public Utilities Commission to Amend Rule 20A to Add Projects in Very High Fire Hazard Severity Zones to the List of Eligibility Criteria and to Increase Funding Allocations for Rule 20A Projects Recommendation: 1. Pass Resolution 2019-XX, a Resolution of the League of California Cities Calling on the California Public Utilities Commission to Amend Rule 20A to add Projects in Very High Fire Hazard Severity Zones to the List of Eligibility Criteria and to Increase Funding Allocations for Rule 20A Projects and authorize the Mayor to sign for submission to the California League of Cities.
2. Authorize the Mayor to sign the attached letter of support and submit to the California League of Cities.
D. Subject: Request for Partnership Between Sierra Streams Institute and the City of Nevada City Recommendation: Consider the request for partnership from Sierra Streams Institute for City funding support for a Grant Writer to prepare an application to the North American Partnership for Environmental Community Action’s (NAPECA) grant for up to $125,000.
6. PUBLIC HEARINGS:
A. Subject: An Ordinance of the City of Nevada City Amending Chapter 9.22 of Title 9 and Chapter 17.142 of Title 17 of the Nevada City Municipal Code Relating to Cannabis Businesses that Use or Produce Hazardous Materials Recommendation: Hold a Public Hearing and introduce by title only, and waive full reading of the Ordinance, for first reading of an Ordinance amending chapter 9.22 of title 9 and chapter 17.142 of Title 17 of the Nevada City Municipal Code relating to cannabis businesses that use or produce hazardous materials.
7. OLD BUSINESS:
A. Subject: An Ordinance of the City of Nevada City Amending Subsection B of Section 8.04.030 of Chapter 8.04 and Section 8.10.050 of Chapter 8.10 of the Nevada City Municipal Code Clarifying Authority of Fire Chief in Abatement Procedures for Fire Hazard Nuisances and Enforcement Thereof Recommendation: Review and consider, waive reading of Ordinance, read title only and introduce for second reading and final adoption of the Ordinance.
8. NEW BUSINESS:
9. CORRESPONDENCE:
A. Subject: Correspondence regarding unenforced smoking area pilot project
10. ANNOUNCEMENTS:
11. CITY MANAGER’S REPORT:
12. ADJOURNMENT
Certification of Posting of Agenda I, Loree’ McCay, Administrative Services Manager/Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the August 14th, 2019 Regular Meeting of the Nevada City City Council was posted August 9th, 2019 at the entrance of City Hall. The agenda is also posted on the City’s website www.nevadacityca.gov.
Signed August 9th, 2019, at Nevada City, California
______Loree’ McCay, Administrative Services Manager
______
CITY OF NEVADA CITY City Council Long Range Calendar
August 14, 2019 Regular Council Meeting August 16, 2019 Strategic Planning Retreat (8:00 AM to 2:30 PM) August 28, 2019 Regular Council Meeting September 2, 2019 Holiday September 11, 2019 Regular Council Meeting September 25, 2019 Regular Council Meeting October 9, 2019 Regular Council Meeting October 14, 2019 Holiday October 23, 2019 Regular Council Meeting November 11, 2019 Holiday November 13, 2019 Regular Council Meeting November 28/29, 2019 Holiday December 10, 2019 Regular Council Meeting (Tuesday instead of Wednesday)
NOTE: This list is for planning purposes; items may shift depending on timing and capacity of a meeting.
NOTICE: As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council and to enforce the rules of the Council. REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Notice of Completion for National Hotel and Main Street Sidewalks in Nevada City
RECOMMENDATION: Pass Resolution 2019-XX, a Resolution for the City of Nevada City authorizing the Mayor to sign a Notice of Completion for the National Hotel and Main Street sidewalks in Nevada City and authorize the City Clerk to file said Notice of Completion with the Nevada County Recorder’s Office.
CONTACT: Bryan McAlister, City Engineer
BACKGROUND / DISCUSSION: The City Engineer and Public Works staff identified sidewalk repair at National Hotel and Main Street as a priority for Measure “S” improvements. The project consists of sidewalk replacement and drainage facilities. City staff solicited bids for Sidewalk Repair at National Hotel and Main Street from local contractors. Central Valley Engineering and Asphalt Inc. was awarded the contract by City Council on April 10, 2019 and the project was completed in August 2019.
FISCAL IMPACT: The project is funded by Nevada City Measure “S” funds for street improvements.
ATTACHMENT: Resolution 2019-XX, a Resolution for the City of Nevada City Authorizing the Mayor to sign a Notice of Completion for the National Hotel and Main Street Sidewalks in Nevada City Exhibit ‘A’, Notice of Completion RESOLUTION NO. 2019-XX
RESOLUTION FOR THE CITY OF NEVADA CITY AUTHORIZING THE MAYOR TO SIGN A NOTICE OF COMPLETION FOR NATIONAL HOTEL AND MAIN STREET SIDEWALKS IN NEVADA CITY
IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that the Mayor is authorized to sign a “Notice of Completion”, a copy of which is attached hereto and labeled “Exhibit A” which completes the construction of National Hotel and Main Street sidewalks in Nevada City.
IT IS FURTHER RESOLVED, that the City Clerk is authorized to file said “Notice of Completion”, Exhibit A (attached) with the Nevada County Recorder’s Office.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on August 14, 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______Reinette Senum, Mayor
ATTEST:
______Niel Locke, City Clerk
EXHIBIT A RECORDING REQUESTED BY and WHEN RECORDING MAIL TO:
DEPUTY CITY CLERK CITY OF NEVADA CITY 317 Broad Street Nevada City, CA 95959
SPACE ABOVE THIS LINE FOR DEPUTY CITY CLERK'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT:
1. That the undersigned is OWNER or agent of the OWNER of the interest of estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is: City of Nevada City
3. The FULL ADDRESS of the OWNER is: 317 Broad St, Nevada City, CA 95959
4. The nature of the INTEREST or Estate of the undersigned is: FEE
5. A work of improvement on the property hereinafter described was COMPLETED: August 3, 2019
6. The work of improvement completed is described as follows: National Hotel and Main Street sidewalks in the City of Nevada City. 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Central Valley Engineering and Asphalt Inc. 8. The location of said project work is: National Hotel and Main Street sidewalks.
9. The property of which said work of improvement was completed is in the City of Nevada City, County of Nevada, State of California and is described as follows: National Hotel and Main Streets.
City of Nevada City Owner
by: ______Reinette Senum, Mayor
"I certify under penalty of perjury that the foregoing is true and correct."
______(Date and Place) (Signature) REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Award of Contract for Boulder Street Sidewalk and Railing in Nevada City
RECOMMENDATION: Pass Resolution 2019-XX, a Resolution of the City of Nevada City to award a contract to DMCE Concrete & Engineering Contractors in the amount of $264,935 plus $30,000 contingencies for Boulder Street Sidewalk and Railing and authorize the Mayor to sign.
CONTACT: Bryan K. McAlister, City Engineer
BACKGROUND/DISCUSSION: The City Engineer and Public Works staff identified areas where Sidewalk and Railing is needed for street rehabilitation at Boulder Street. The street project consists of sidewalk and retaining wall replacement and installation of new railing at Boulder Street.
City staff procured bids for Boulder Street Sidewalk and Railing as advertised on July 3rd, 2019. Four qualified bids were received, as follows:
• Weiss Landscaping Inc, Nevada City, CA $ 305,095 • DMCE Concrete, Grass Valley, CA $ 264,935 • Central Valley Engineering & Asphalt, Roseville CA $ 508,390 • Swierstok Enterprise Inc., Orangevale, CA $ 480,000
DMCE Concrete & Engineering Contractors was selected as the lowest responsive and responsible bidder.
FISCAL CONSIDERATIONS: The project will be funded by Measure “S” funds for street rehabilitation.
ATTACHMENT: Resolution 2019-XX, a Resolution of the City Council of the City of Nevada City to Award a Contract to DMCE Concrete & Engineering Contractors for Boulder Street Sidewalk and Railing in Nevada City and Authorize Mayor to Sign Contract for Boulder Street Sidewalk and Railing RESOLUTION NO. 2019- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY TO AWARD A CONTRACT TO DMCE CONCRETE & ENGINEERING CONTRACTORS FOR BOULDER STREET SIDEWALK AND RAILING IN NEVADA CITY AND AUTHORIZE MAYOR TO SIGN
WHEREAS, The City of Nevada City has a voter approved sales tax for Measure “S” Paving and Reconstruction of Various Streets; and
WHEREAS, the sidewalk and retaining wall replacement at Boulder Street with the associated railing has been identified as a priority for Measure “S” street improvements; and
WHEREAS, funding for the Boulder Street sidewalk and railing is provided through Measure “S” in fiscal year 2019/2020; and
WHEREAS, consistent with the Municipal Code requirements, City staff advertised and received bids for the Boulder Street Sidewalk and Railing Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City to award a contract to DMCE Concrete & Engineering Contractors in the amount of $264,935 plus $30,000 in contingencies for Boulder Street sidewalk and railing and authorize the Mayor to sign.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 14th day of August, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
BOULDER STREET SIDEWALK AND RAILING
City of Nevada City, 95959 Nevada County, California
______
Bryan K. McAlister William J. Falconi PE C58570 PE 25842 PLS 9199 PLS 4911
NOTICE TO CONTRACTOR'S
Boulder Street Sidewalk and Railing
Sealed proposals for Boulder Street Sidewalk and Railing will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on July 30th, 2019, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad St, Nevada City, California.
Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked “Boulder Street Sidewalk and Railing".
The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours.
A non-mandatory pre-bid meeting at the project site is scheduled for 3:00 PM on July 18, 2019
********************************************************************************************
The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.
DATED: July 3, 2019 CITY OF NEVADA CITY
______
Bryan McAlister
City Engineer
AGREEMENT
THIS AGREEMENT is made this ______day of ______, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ______, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the Boulder Street Sidewalk and Railing in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:
1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.
2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of
______($______) Dollars, payable in the manner hereinafter set forth.
3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.
4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within Forty Five (45) working days after Contractor receives said Notice to Proceed.
5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.
6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.
7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments. The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.
8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.
Executed in duplicate this day of , .
ATTEST: CITY OF NEVADA CITY
By: (Mayor)
By: (Contractor)
By: (Authorized Officer)
GENERAL CONDITIONS
1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.
2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.
3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.
4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.
5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.
6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.
7. Performance Bond
No Performance bond shall be required for this project.
8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.
A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer.
9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.
10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:
General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.
11. Prevailing Wages Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:
State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites: http://www.dir.ca.gov/OPRL/2017-2/PWD/index.htm and http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm
Federal Prevailing Wage Determinations in effect on bid date General Decision # CA170009 CA9 http://www.wdol.gov/wdol/scafiles/davisbacon/ca.html
Electronic Certified Payroll Records All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d)
Project Specifications
PROJECT LIMITS
Project is located at Boulder Street in Nevada City, CA. Project limits are as shown on the improvement plans.
PROJECT DESCRIPTION
The project is to replace the sidewalk along a portion of Boulder Street, add railing and replace a retaining wall. Contractor to furnish all labor, equipment and materials necessary for the project. Disposal of demolished materials, debris or excess material shall be provided by the contractor at their expense. Traffic control and sidewalk closure temporary fencing shall be provided by the contractor at their expense.
COVER SHEET 317 BROAD STREET NEVADA CITY, CALIFORNIA 95959 (530) 265-2496 CITY OF NEVADA
1"=120'
1 OF 2 ¤ IMPROVEMENT PLAN 317 BROAD STREET NEVADA CITY, CALIFORNIA 95959 (530) 265-2496 CITY OF NEVADA
2 OF 2 ¤ REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Agreement with Dan Cortinovis PE Consulting Civil Engineer for Wastewater Treatment Plant Permit Compliance
RECOMMENDATION: Pass Resolution 2019-XX, A Resolution of the City Council of the City of Nevada City to Authorize a Professional Services Agreement with Dan Cortinovis PE Consulting Civil Engineer in an amount of $9,600 to assist with compliance with the City’s waste discharge permit with California Regional Water Quality Control Board and authorize the City Manager to sign.
CONTACT: Bryan McAlister, City Engineer
BACKGROUND / DISCUSSION: The City of Nevada City has a waste discharge permit (Order R5-2017-0060) for the wastewater treatment plant for compliance with California Regional Water Quality Control Board and U.S. Environmental Protection Agency requirements. The provisions and requirements of the permit include monitoring, reporting and effluent limitations for discharge of treated wastewater to Little Deer Creek.
Dan Cortinovas is a qualified consulting engineer specializing in wastewater treatment who will review available data, reports and documentation, and assess operations and maintenance of the City’s wastewater treatment and control facilities. The purpose of this analysis is to assist City staff in implementing a structured approach to optimizing the treatment processes in order to enhance compliance with the effluent permit limitations.
ENVIRONMENTAL CONSIDERATIONS: The Regional Water Quality Board waste discharge permits have resulted in significant improvements to our state’s water quality.
FISCAL IMPACT: The City’s Fiscal Year 2019/20 Wastewater Fund budget includes funding for outside consulting services.
ATTACHMENT: Resolution 2019-XX, a Resolution of the City Council of the City of Nevada City to Authorize a Professional Services Agreement with Dan Cortinovis for Wastewater Consulting Services and Authorize the City Manager to Sign Agreement for Consulting Services with Dan Cortinovas
RESOLUTION NO. 2019- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH DAN CORTINOVIS FOR WASTEWATER CONSULTING SERVICES AND AUTHORIZE THE CITY MANAGER TO SIGN
WHEREAS, the City of Nevada City has a waste discharge permit (Order R5- 2017-0060) for the wastewater treatment plant with California Regional Water Quality Control Board; and
WHEREAS, the provisions and requirements of the waste discharge permit includes monitoring, reporting and effluent limitations for discharge of treated wastewater to Little Deer Creek; and
WHEREAS, Dan Cortinovas is a qualified consulting engineer specializing in wastewater treatment who will assist City staff in implementing a structured approach to optimizing the treatment processes in order to enhance compliance with the effluent permit limitations; and
WHEREAS, the City’s Fiscal Year 2019/20 Wastewater Fund budget includes funding for outside consulting services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City to Authorize a Professional Services Agreement with Dan Cortinovis PE Consulting Civil Engineer in an amount of $9,600 to assist with compliance with the City’s waste discharge permit with California Regional Water Quality Control Board and authorize the City Manager to sign.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 14th day of August, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this ____ day of ______2019 by and between the City of Nevada City (“City”) and Dan Cortinovis PE Consulting Civil Engineer (“Consultant”). The City and Consultant may be referred to individually by their respective designations or as a “Party” and collectively as the “Parties”. RECITALS A. The City desires to retain Consultant to provide the Services set forth in detail in Exhibit A hereto, except as otherwise provided in this Agreement (the “Services”).
B. Consultant is duly licensed and sufficiently experienced to undertake and perform the Services in a skilled and workmanlike manner and desires to do so in accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:
Section 1. Scope of Work.
Consultant shall furnish and perform those Services described in detail in Exhibit A hereto and incorporated herein by this reference to the satisfaction of the City. Consultant shall not perform any work exceeding the scope of the Services described in Exhibit A, as limited by this Section, without prior written authorization from the City.
Section 2. Time of Completion.
Consultant’s schedule for performance of the Service is as set forth in Exhibit A, hereto which is incorporated herein by this reference or within one hundred and twenty (120) working days whichever is less. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement. Consultant shall commence performance of the services promptly upon receipt of written notice from the City to proceed.
Section 3. Compensation
A. The compensation to Consultant for performance of the Services is set forth in Exhibit A hereto which attached hereto and by this reference incorporated herein. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement or its exhibits, Consultant shall invoice City monthly for the Services performed during the preceding month. Such invoices shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business. As long as the Consultant performs the Services to the satisfaction of the City, the City shall pay the Consultant an all-inclusive compensation that shall not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change order issued pursuant to Section 15 of this Agreement. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City’s staff.
B. The Consultant’s compensation for the Services shall be full compensation for all indirect and direct personnel, materials, supplies, equipment and services incurred by the consultant and used in carrying out or completing the Services. Payments shall be in accordance with the schedule established in Exhibit A or elsewhere in this Agreement or its exhibits. As each payment is due, a statement describing the Service for which payment is requested shall be submitted to the City by the Consultant for review and approval by the City. At City’s request, Consultant shall separately identify the charges for Services on Consultant’s invoices that are performed for the city.
C. The City shall have the right to receive, upon request, documentation substantiating charges billed to the city pursuant to this Agreement. The City shall have the right to perform an audit of Consultant’s relevant records pertaining to the charges.
Section 4. Professional Ability: Standard of Quality.
City has relied upon the professional training and ability of Consultant to perform the Services described in Exhibit A as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all Services under this Agreement. All services performed by Consultant under this Agreement shall be in a skillful, workmanlike manner in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
Section 5. Indemnification.
Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, agents and employees from and against any and all claims, demands, damages, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and/or its agents in the performance of the Services. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City or its agents, servants or independent contractors other than Consultant who are directly responsible to the City, or arising from the active negligence of the City officers, agents or employees.
Section 6. Insurance.
Without limiting Consultant’s indemnification obligations provided for above, Consultant shall take out before beginning performance of the Services and maintain at all times during the life of this Agreement the following policies of insurance with insurers possessing a Best rating of not less than A:VII. Consultant shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the Consultant has also been obtained by the subcontractor.
A. Workers’ Compensation Coverage. If and to the extent required by California Law, Consultant shall obtain statutory workers’ compensation insurance and employer’s liability insurance to cover its employees. In the alternative, Consultants, may rely on self-insurance program to meet its legal requirements as long as the program of self-insurance complies with the provisions of the California Labor Code. Consultant shall also require all subcontractors, if such are authorized by the City, to similarly provide Workers’ Compensation insurance as required by the labor code of the State of California for all the subcontractor’s employees. All Workers’ Compensation policies shall be endorsed with the provision that the insurance shall not be suspended, voided, or cancelled until (30) days prior written notice has been provided to City by the insurer by certified mail, return receipts requested.
The Workers’ Compensation insurance required above shall also contain a provision whereby the insurance company agrees to waive all rights of subrogation against the City, of Hercules and their elected or appointed officials, officers, agents, and employees for losses paid under the terms of this policy which arise from the Services performed by the insured for the City.
B. General Liability Coverage. General liability insurance, including personal injury and property damage insurance for all activities of the Consultant and its subcontractors, if such are authorized by the City, arising out of or in connection with this Agreement. The insurance shall be written on a comprehensive general liability form and include a broad form comprehensive general liability endorsement. In the alternative, the City will accept, in satiation of these requirements, commercial general liability coverage which is equivalent to the comprehensive general liability form and broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1 million combined single limit personal injury and property damage for each occurrence. The City reserves the right to accept other forms and limits of insurance coverage that the City, in its sole directions, determines will adequately cover the insurable risk. The insurance shall be occurrence based insurance. Insurance written on claims made basis shall not be acceptable absent written authorization from the City.
C. Automobile Liability Coverage. Automobile liability insurance covering bodily injury and property damage for all vehicle-related activities of the Consultant arising out of or in connection with this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than $1 million combined single limit for each occurrence.
D. Policy Endorsements. Each general liability insurance policy shall be endorsed with the following specific language:
1. The City and its elected or appointed officials, employees and agents are included as insureds or additional insureds with regard to damages and defenses of claims arising from activities performed by or on behalf of the Named Insured. 2. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insureds limit of liability. 3. The insurance provided herein shall be primary insurance as respects the City and its elected or appointed officers, officials, employees and agents. Any other insurance maintained by the City and its elected or appointed officers, officials, employees or agents shall be in excess of the insurance and shall not contribute with it. 4. The insurance provided by this policy shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days written notice has been provided to the City by certified mail, return receipt requested. 5. Any failure to comply with the reporting requirements of the policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents.
E. Insurance Certificates and Endorsements. Prior to commencing the Services under the Agreement, Consultant shall submit to the City documentation evidencing the required insurance signed by an authorized agent of the companies named. This documents must be on forms which are acceptable to the City and shall include all required endorsements and verify that coverage is actually in effect. This Agreement shall not be effective until the required forms and endorsement are submitted and approved by the City. Failure to provide the forms within the time period specified by the City may result in the award of this Agreement to another Consultant should the City, at its sole discretion, decide to do so. Current certification of insurance shall be kept on file with the City at all times during the term of the Agreement.
F. Deductible and Self-Insured Retention. Any deductible or self-insured retentions must be declared to and approved by City.
G. Termination of Insurance. If the City receives notification that Consultant’s insurance will be suspended, voided, cancelled or reduced in coverage or in limits, and if the Consultant does not provided for either the reinstatement of that insurance or for the furnishing of alternate insurance containing all of the terms and provisions specified above prior to the termination of that insurance, City may either terminate this Agreement for that breach..
Section 7. Subcontracts.
Consultants may not subcontract any portion of the Services without written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to the City and third parties for all acts or omissions of the subcontractor to which the Services or any portion thereof are subcontracted.
Nothing in the Agreement shall create any contractual relationship between City and subcontractor, nor shall in create any obligation on the part of the City to pay or cause the payment of any monies due to any such subcontractor except as otherwise required by law.
Section 8. Assignment.
Consultants shall not assign any right or obligation under this Agreement without the City’s prior written consent. Ant attempted assignment of any right or obligation under this Agreement without the City’s written consent shall be void.
Section 9. Entire Agreement.
The Agreement represents the entire understanding of the City and Consultants as to those matters contained herein. No prior oral or written understanding shall be of force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties.
Section 10. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction over any litigation arising from the Agreement shall be in the Superior Court of California with venue in Contra Costa County, California.
Section 11. Suspension of Service. Upon written request by Consultants, City may suspend, in writing, all or any portion of the Services if unforeseen circumstances beyond the control of the City and Consultant make normal progress of the Services impossible, impractical or infeasible. Upon written City approval to suspend performance of the Services, the time for completion of the Services shall be extended by the number of days performance of the Services is suspended. Section 12. Termination of Services. City may at time, at its sole discretion, terminate all or any portion of the Services and the Agreement upon forty-five (45) days written notice to Consultant. Upon receipt of notice of termination, Consultant shall stop performance of the Services at the stage directed by the City. Consultant shall be entitled to payment within thirty (30) days for Services performed up to the date of receipts of the written notice of termination plus any legitimate reimbursable expenses paid or incurred prior to the date of receipt of written notice of termination. Consultant shall not be entitled to payment for any Services performed or expenses incurred after the receipt of the notice of termination unless such payment is authorized in advanced by the City in writing. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of the Agreement or under the terms of any written modification of the Agreement, or should Consultant violate any of the terms and conditions of the Agreement as in may be modified in writing from time-to time, City may terminate the Agreement by providing Consultant with forty five (45) days written notice of such termination. The Consultant shall be compensated for all Services performed prior to the date of receipt of the notice of termination plus nay legitimate reimbursable expenses paid or incurred to the date of receipt of written notice of termination. However, the City may deduct from the compensation which may be owned to Consultant the amount of damage sustained or estimated by City resulting from Consultant’s breach of this Agreement. Consultant’s obligations pursuant to Sections 5 and 6 of this Agreement shall survive termination, and continue in effect for as long as necessary to fulfill the purpose of Sections 5 and 6. Section 13. Independent Contractor. Consultant shall in all respects be an independent contractor and not an agent or employee of the City. Consultant has and shall retain the right to exercise full control and supervision of the means and methods of performing Services. Consultant shall receive no premium or enhanced pay for Services normally understood as overtime; nor shall Consultant receive holiday pay, sick leave, administration leave or pay for any other time not actually expended in the performance of the Services. It is intended by the parties that Consultant shall not be eligible for benefits and shall receive no compensation from the City, except as expressly set forth in this Agreement. Consultant shall submit complete w-9 upon execution of this Agreement and prior to the payment of any compensation hereunder. Section 14. Ownership of Documents. Within thirty (30) days after Consultant substantially completes performance of the Service, or within thirty (30) days after the termination of this Agreement the Consultant shall deliver to the City all files, records, material and documents to relate to the Services or Consultant’s performance thereof including without limitation, all finished and unfinished reports, plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents in the course of performing the Services hereinafter “Work Product.” It is expressly understood and agreed that all Work Product is the property of the City and not the property of the Consultant and shall become the sole property of the City upon payment to Consultant for such Services. The City shall have the exclusive right to use all Work Product in its sole discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense. Provide all work Product to City or any party the City may designate upon written request. Consultant may keep file copies of all Work Product for City. Use of any Work Product by the City for projects that are not the subject of this Agreement or for the purposes beyond the scope of the Services shall be at the City’s sole risk without legal liability or expense to Consultant. For the purposes of this Agreement, Work Product does not include work files, computer hardware or software or other property owned or used by Consultant to perform the Services. Section 15. Changes and/or Extra Work. Only the City Manager or the City Planner may authorize extra and/or changed Services, modification of the time of completion of the Services, or additional compensation for the tasks to be performed by Consultant. Consultant expressly recognizes that other City personnel are without authorization to order extra and/or changed Services or obligate the City to the payment of additional compensation. The failure of Consultant to secure the City Manager’s or City Planner’s written authorization for such extra and/or changed Services shall constitute a waiver of any and all right to adjustment in the contract price due to such unauthorized Services, the Consultant thereafter shall not be entitled to any compensation whatsoever for the performance of such Services. In the event Consultant and City agree that the extra and/or changed Services are required, or that additional compensation shall be awarded to Consultant doe performance of the Services under this Agreement, a supplemental agreement providing for such compensation shall be prepared and shall be executed by the Consultant and the City Manager or other duly authorized City official. Section 16. Compliance with Federal, State and Local Laws. Consultant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations affecting the Services, including without limitation the City’s nepotism and cronyism policy (see Exhibit B)and laws requiring licensing and prohibiting discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. City shall not be responsible or liable for Consultant’s failure to comply with applicable laws, statutes, ordinances, rules or regulations. Section 17. Retention of Records. Consultant and any subconsultants authorized by the terms of this Agreement shall keep and maintain full and complete documentation and accounting records, employees’ time sheets, and correspondence pertaining to Services and Consultant shall make such documents available for review and/or audit by City and City’ representatives at all reasonable times during performance of the Services and for at least four (4) years after completion of the Services and/or termination of the Agreement. Section 18. Alternative Dispute Resolution A. Before resorting to mediation, arbitration or other legal process, the primary contacts of the parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to written notice. Within 15 days after provision of that written notice by the party desiring to meet and confer, the primary contacts for each party shall meet in person and attempt to amicably resolve their dispute. Each primary contact, or the person acting in their absence with full authority to resolve the dispute, shall attend the meeting and shall be prepared to devote an entire day thereto. If any dispute remains unresolved at the end of the meeting. Any party to this Agreement shall have the right to invoke the mediation process provided for in the subparagraph B below.
B. Subject to the provisions of subparagraph A, and dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation, before a mutually acceptable, neutral retired judge or justice at the Sacramento office of the Judicial Arbitration and Mediation Services (“JAMS”). If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or Justice at San Francisco office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by meditation, the parties agree to each bring the neutral mediation a list of at least five neutral arbitrators, including their resumes, who are available for an arbitration hearing within 30 days after the mediation has been confirmed.
C. If mediation is unsuccessful, before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties agree to submit for selection an arbitrator to the mediator, whose decision shall be binding on the parties. In that case, the mediator shall select a neutral arbitrator from the then active list of retired judges or justices at the Sacramento Office of the JAMS. The arbitration shall be conducted pursuant to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. In such case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement.
D. This section 18 shall survive the termination or expiration of this Agreement. Section 19. Severability.
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by an arbitrator or by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual written consent of the parties.
Section 20. Entire Agreement; Amendment.
This Agreement, including all exhibits hereto, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. This Agreement may be amended or extended from time to time only by written agreement of the parties hereto.
Section 21. Time of the Essence.
The Consultant will perform its Services with due and reasonable diligence consistent with sound professional practices.
Section 22. Written Notification.
Except as otherwise specified in this Agreement, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by first class mail, postage prepaid and addressed as follows. Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this Section. If to City: City of Nevada City c/o City Manager 317 Broad St. Nevada City, CA 95959
If to Consultant: Dan Cortinovis, PE Consulting Civil Engineer 1757 Alpenglow Lane Lincoln, CA 95648
Section 23. Execution.
This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. The exhibits should be initialed.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written.
CITY CONSULTANT
Signature: ______Signature:______
Printed Name:______Printed name:______
Title: ______Title:______
Date: October: ____, 2018 Date: October ____, 2019
APPROVED AS TO FORM:
______Harold E. DeGraw, City Attorney Bryan McAlister
From: Dan Cortinovis
July 28, 2019
To: Bryan McAlister From: Dan Cortinovis
Bryan,
Per our discussion and my review of the documents and spreadsheets provided by City staff, this is my Proposal to provide Permit Compliance assistance for the Nevada City Wastewater Treatment Plant. The purpose of this project is to assist City staff in implementing a structured aporoach to optimizing the treatment processes in order to enhance compliance with the effluent permit limitations.
The total cost for this initial evaluation will not exceed $9,600, based on 60 hours at $160 per hour. I do not bill extra for expenses such as vehicle mileage and office expenses.
I will be available to start on the project when I receive a contract or purchase order, and will complete the final recommendations within 90 days.
The Scope of Work will be as follows. Attached to a separate email is a summary of my experience.
Please confirm that you received this.
Task 1 - Meet on site periodically with City staff to review operating data and discuss process optimization.
Task 2 - Assist City staff in implementing a structured approach to process optimization, using data, test results, observations, and calculations.
Task 3 - Evaluate the possible causes of effuent violations over the past year and assist City staff in developing proactive procedures to avoid future violations.
Task 4 - Assess the possible causes of effluent Suspended Solids violations, including slow activated sludge settling, high clarifier sludge blankets, excess system solids, and high influent flows or loadings.
Task 5 - Improve the accuracy of the the Master Plant Speeadsheet calculations for Mean Cell Residence Time so that sludge wasting rates can be adjusted to maintain a target MCRT, which will provide enough active microrganisms to achieve BOD and ammonia removal without overloading the clarifiers with solids.
Task 6 - Conduct a microscopic examination of the activated sludge floc and make observations of settleability testing to determine if filamentous microorganisms may be contributing to slow settling in the clarifiers.
Task 7 - Evaluate the performance of the aeration system to help determine if repairs or improvements are needed to assure that the oxygen demand can be satisfied.
1
Task 8 - Investigate the possible causes of effluent Coliform violations, including solids washouts from the clarifiers overloading the filters, inadequate disinfection dosage, and chlorine contact performance.
Task 9 - Look at the situations in which Trihalomethane violations have occurred to determine if they can be minimized by operating techniques for the activated sludge, filtration, and disinfection systems.
Task 10 - Compile the results of these evaluations into a draft report for review by City staff.
Task 11 - After receiving City comments on the draft report, submit a final report with a summary of ongoing recommendations.
Task 12 - Provide additional services as requested by City staff.
I am looking forward to working with you on this interesting and worthwhile project.
Dan Cortinovis, PE Consulting Civil Engineer 1757 Alpenglow Lane Lincoln, CA 95648 Mobile 925-262-7345 Email [email protected]
On Jul 19, 2019, at 2:53 PM, Bryan McAlister
Kevin is working on compiling this information. We should have to you next week. Thanks,
Bryan McAlister, PE, PLS City Engineer City of Nevada City (530) 265-2496 x126 cell (530) 559-1326
From: Dan Cortinovis [mailto:[email protected]] Sent: Wednesday, July 17, 2019 4:55 PM To: Bryan McAlister
Hi Bryan,
Thanks for sending the Notice of Violations and other data. So that I can develop a useful proposal to provide an evaluation and assistance, please send the monthly plant process spreadsheets for the past year. These will be helpful in identifying the causes of violations.
The monthly spreadsheets should show practical information used in a structured approach to process control, such as flow totals, instrument readings, lab results, and calculations for each day, including:
2 Dan Cortinovis P.E., Consulting Civil Engineer 1757 Alpenglow Lane, Lincoln, California 95648 Mobile 925-262-7345, Email [email protected]
Water and Wastewater Treatment - Collection - Distribution Projects Design - Construction - Startup - Training - Manuals - Evaluations
Licenses Experience
Professional Civil Engineer, CA, 1982 Consulting Engineer, Independent, since 1985 Grade V Wastewater Operator, CA, 1974 Resident Engineer, Harris Associates, 1984-85 Principal Engineer, Brown & Caldwell, 1978-84 Education Wastewater Superintendent, EBMUD, 1975-78 Asst Chief Operator, City of Madera, 1972-75 M.S. Civil Eng, San Jose State Univ, 1982 Plant Operator, City of Merced, 1971-72 B.A. Chemistry, Cal State East Bay, 1978 Water/Wastewater Specialist, USAF, 1967-71 A.S. Natural Science, Merced College, 1974 Author of three books on wastewater operations
Project Examples
Antioch, CA - Startup, Training Pacifica, CA - Startup, Troubleshooting Auburn, CA - Startup, Operations Manual Portland, OR - Process Evaluations Benicia, CA - Process Troubleshooting Pittsburg, CA - Industrial Training, Videos Bremerton, WA - Process Evaluations Prudhoe Bay, AK - Operations Training Central Valley, UT - Operations Manual Redwood City, CA – Evaluations, Training Coalinga, CA - Operations Manual Reno-Sparks, NV - Process Training Video Davis, CA - Manual, Design Review Richmond, CA - Operations Manual Update Dublin, CA - Manuals, Value Engineering Ridgecrest, CA - Wastewater Capacity Study Fairfield, CA - Water Plant Operation Plans Rodeo, CA, Unocal - Wastewater Training Fortuna, CA - Wastewater Staffing Study Roseville, CA - Testing and Startup Plans Galt, CA - Operations Manual, Startup Rossmoor, CA - Collection System Manual Gilroy, CA - Process Evaluation Sacramento, CA – Testing, Startup, Manuals Half Moon Bay, CA - Operations Manuals San Jose, CA - On-Line Operations Manual Hoover Dam, AZ - Process Evaluation San Leandro, CA - Operations Manual, Video Kingsburg, CA - Process Troubleshooting San Mateo, CA – Startup, Operations Manuals Livermore, CA - Process, Energy Audit Scotts Valley, CA - Construction, Startup Lodi, CA - Process Troubleshooting Seattle, WA - Process, Value Engineering Madera, CA - Startup, Lab Certification Stockton, CA - Startup, Training, Manuals Manteca, CA - Troubleshooting, Capacity Sunnyvale, CA - Tertiary Treatment Startup Martinez, CA – Startup, Manuals, Videos Tiburon, CA - Process, Startup, Manuals Millbrae, CA - Process, Operations Manual Union City, CA - Startup, Training, Manuals Modesto, CA - Capacity, Operations Manual Vacaville, CA - Construction, Startup, Manuals Monterey, CA -Video, Operations Manual Woodland, CA - Value Engineering, Manual Nevada City, CA - Staffing Evaluation Yucaipa, CA - Coliform Compliance Study Oakland, CA - Startup, Supervision Yosemite, CA - Wastewater Process Training Dan Cortinovis, P.E., Project Experience
Table of Contents
Wastewater Treatment and Collection
Page 3 Management and Supervision
Page 3 Design Assistance
Page 3 Value Engineering
Page 4 Construction Coordination
Page 4 Testing and Startup
Page 4 Process Evaluations
Page 6 Staffing Studies
Page 6 Plant Operations Manuals
Page 6 Collection System Manuals
Page 7 Training Programs
Page 9 Training Videos
Page 9 Confidential Case Consulting for Attorneys
Page 9 Industrial Wastewater Evaluation and Training
Page 10 Author of Books Published by Ridgeline Press
Water Treatment and Distribution
Page 10 Operations Manuals
Page 10 Systems Evaluations
Page 2 of 10
Dan Cortinovis, P.E., Project Experience
Wastewater Treatment Management and Supervision
1967-1971 Castle AFB, California, Staff Sergeant, Water and Wastewater
1972-1974 City of Madera WWTP, California, Assistant Chief Operator
1976-1978 East Bay MUD, Oakland, California, Operations Superintendent
1978-1984 Brown and Caldwell, Principal Engineer, Project Manager
1984-1985 Harris & Associates, Principal Engineer, Resident Engineer
Wastewater Treatment Design Assistance
1984 Renton, Washington Breakpoint Chlorination Feasibility, Brown Caldwell
1991-1995 Sacramento Regional, Construction Sequence Plans, Brown Caldwell
1993 Monterey, California, Preliminary Wastewater Reclamation Evaluation
1995 City of Davis Wastewater, Construction Sequence Plan, West Yost
2000 Dublin San Ramon, California, Construction Sequence, Brown Caldwell
2002 Sacramento Regional, Influent Screens Upgrades Preliminary, CDM
2002 City of Vacaville, California, Expansion Control Strategies, West Yost
2009 City of Vacaville, California, Filtration Pilot Study Field Work, HDR
2009 City of Vacaville, California, Biosolids Aeration Pilot Study, HDR
2009-2012 City of Vacaville, California, Denitrification and Filtration Design Review
2011-2012 City of Atwater, Develop Specifications, Evaluate Submittals, West Yost
2012-2014 City of Davis, Develop Criteria for Design-Bid Projects, West Yost
Wastewater Treatment Value Engineering
1988 Seattle West Point, Washington, Expansion Project, CH2MHill
1999 Dublin San Ramon Services District, California, Upgrades, CDM
2013 City of Woodland, California, Denitrification Project, Brown Caldwell
Page 3 of 10
Dan Cortinovis, P.E., Project Experience
Wastewater Treatment Construction Coordination
1984-1985 City of Scotts Valley, California, Resident Engineer, Harris Associates
2012-2014 City of Vacaville, California, Denitrification and Filtration Coordination
Wastewater Treatment Testing and Startup
1972 City of Madera, California, New Plant Startup, Operator
1973 City of Madera, Lab Certification, Assistant Chief Operator
1978-1979 Central Contra Costa Sanitary District, California, Brown Caldwell
1978-1980 City of Stockton, California, Tertiary Treatment, Brown Caldwell
1979-1984 Sacramento Regional, Project Manager, Brown Caldwell
1980-1982 Dublin San Ramon Services District, California, Brown Caldwell
1980 Selma Kingsburg Fowler County Sanitation District, Brown Caldwell
1980 Delta Diablo Sanitation District, California, Upgrades, Brown Caldwell
1980 City of Sunnyvale, California, Tertiary Treatment, Brown Caldwell
1981 City of Pacifica, California, Secondary Improvements, Brown Caldwell
1986, 2009 City of San Mateo, California, Aeration, Digestion, Solids Processing
1989-2014 City of Vacaville, California, Nitrification, Denitrification, Filtration
1993 East Bay MUD, Reclamation Plant Startup Planning, Roebbelen
2005-2007 Sacramento Regional, Lower Northwest Interceptor, MHW Engineers
2006-2007 East Bay MUD, Anaerobic Digestion Improvements, Brown Caldwell
2013-2014 Sanitary District No. 5, Tiburon, California, Main Plant Rehabilitation
Wastewater Treatment Process Evaluations
1984 City of Shelton, Washington, Process Operations, Brown Caldwell
1985 City of Ridgecrest, California, Capacity Evaluation, Harris Associates
1986 City of Scotts Valley, California, Aeration System, Harris Associates
Page 4 of 10
Dan Cortinovis, P.E., Project Experience
1986 City of Bremerton, Washington, Process Operations and Performance
1987 City of Portland, Oregon, Process Operations and Performance
1987 City of Oakdale, California, Industrial Loadings Study, Harris Associates
1988-1991 Union Sanitary District, California, Process Assistance, Troubleshooting
1989-1990 City of Vacaville, California, Troubleshooting and Startup Assistance
1990 City of Benicia, California, Process Operations and Performance
1990 City of Gilroy, California, Process Operations and Performance
1990, 2007 Sanitary District No. 5, Tiburon, California, Process Troubleshooting
1992 Sonoma Valley County Sanitation, Sonoma, Operations
1992 Russian River County Sanitation, Guerneville, California, Operations
1993, 2002 City of Lodi, California, Biological Treatment Process Troubleshooting
1993 South Bayside System Authority, Redwood City, California, Operations
1993 Hoover Dam, Arizona, United States Bureau of Reclamation, Operations
1993 City of Barstow, California, Preliminary Capacity Study
1993 Union Sanitary District, California, Disinfection Permit Compliance
1994-1995 Sacramento Regional, West Sacramento Plant, Connection Study
1995-2004 Union Sanitary District, California, Annual Operation Audits
1995 City of Vacaville, California, Disinfection Evaluation, West Yost
1995 Delta Diablo Sanitation District, Antioch, California, Disinfection
1996 Novato Sanitary District, California, Process Operations
1997 City of Gustine, California, Process Operations
1997 Union Sanitary District, California, Process Stress Testing, CDM
1997 Las Gallinas Valley Sanitary, San Rafael, California, Odor Control
1998 Sonoma County Water Agency, Santa Rosa, California, Operations
1999 City of Livermore, California, Process Operation, Energy Efficiency
2000 City of Manteca, California, Process Operation and Troubleshooting
Page 5 of 10
Dan Cortinovis, P.E., Project Experience
2001 City of Lathrop, California, Process Operations
2002 City of Modesto, California, Capacity Evaluation, DJH Engineering
2003 City of Modesto, California, Treatment Optimization Studies
2004-2014 City of Vacaville, California, Ongoing Operations Technical Assistance
2007 Oro Loma Sanitary District, San Lorenzo, California, Process Operations
2013-2014 City of Modesto, California, Cannery Waste Evaluation with West Yost
Wastewater Treatment Plant Staffing Studies
1995 City of Fortuna, California, with Whitley Burchett Associates
2002 City of Woodland, California, with West Yost Associates
2007 City of Hollister, California, with Harris and Associates
2012 City of Davis, California, with West Yost Associates
2014 City of Nevada City, California, as Independent Consultant
Wastewater Treatment Plant Operations Manuals
1980 Selma Kingsburg Fowler County Sanitation District, California
1980 Central Valley Water Reclamation Facility, Salt Lake City, Utah
1980, 1986 City of Stockton, California, Wastewater Treatment Plant
1986, 2009 City of San Mateo, California, Wastewater Treatment Plant
1988 Rancho Murieta Community Services District, California
1990-1996 City of San Leandro, California, Wastewater Treatment Plant
1990 Placer Energy Center, California Conservation Corps, California
1990 Santa Fe Railway, Barstow, Hobart, and San Bernardino, California
1991 City of Coalinga, California, Wastewater Treatment Plant
1992 City of Millbrae, California, Wastewater Treatment Plant
1992, 2004 City of Galt, California, Wastewater Treatment Plant
Page 6 of 10
Dan Cortinovis, P.E., Project Experience
1994 Monterey Regional Water Pollution Control Agency, California
1995-1998 Union Sanitary District, Union City and Fremont, California
1995 Sacramento Regional, California, Gravity Belt Thickener
1996-2011 Central Contra Costa Sanitary District, Martinez, California
1998-2000 City of Davis, California, Wastewater Treatment Plant
1998-2008 City of Modesto, California, Wastewater Treatment Plant
2000-2013 Sewer Authority Mid-Coastside, Half Moon Bay, California
2001, 2009 West County Wastewater District, Richmond, California
2002-2014 City of Vacaville, California, Wastewater Treatment Plant
2003 City of San Jose, California, Wastewater Treatment Plant
2003 City of Yountville, California, Wastewater Treatment Plant
2005-2009 City of Woodland, California, Wastewater Treatment Plant
2006 East Bay MUD, California, Solids Processing Upgrades
2007, 2013 City of Richmond, California, Wastewater Treatment Plant
2012-2014 Sanitary District No. 5 of Marin County, Tiburon, California
Wastewater Collection Systems Manuals
1986, 2009 City of San Mateo, California, Wastewater Lift Stations
1990-1996 City of San Leandro, California, Wastewater Lift Stations
1990 Community of Rossmoor, Walnut Creek, California, Collection System
1991 Dublin San Ramon Services District, California, Collection System
1991 Golden Gate Fields, Richmond, California, Collection System
2002 Pinecrest Lake Permittees Association, California, Spill Prevention
2005-2007 Sacramento Regional, Lower Northwest Interceptor, MHW Engineers
2008-2009 City of Vacaville, California, Wastewater Lift Stations
2000, 2013 Sewer Authority Mid-Coastside, California, Wastewater Lift Stations
Page 7 of 10
Dan Cortinovis, P.E., Project Experience
Wastewater Treatment Training Programs
1980 Chabot College, Dublin, California, Wastewater Operations Course
1984 Placer County Sewer Maintenance District No. 1, Auburn, California
1986 San Francisco, California, Water Quality Control Institute
1987 City of Turlock, California, Wastewater Operations
1988 Angel Island State Park, California State Parks Department
1988 San Francisco, California, Stationary Engineers, Certification Prep
1988 Utah Valley Community College, Wastewater Operations
1989 Arasmith Consulting, Tacoma, Washington, Wastewater Operations
1990 Yosemite National Park, El Portal, California, Wastewater Operations
1991 British Petroleum, Prudhoe Bay, Alaska, Wastewater Operations
1993 East Bay MUD, Oakland, California, Process and Operations
1994 Truckee Meadows, Sparks, Nevada, Wastewater Operations
1994 Operator Certification Inc, Prescott, Arizona, Wastewater Operations
1996 South Lake Tahoe, California, Wastewater Operations
1996 City of Camarillo, California, Harris Associates, Wastewater Operations
1998 South Bayside Systems Authority, Certification Preparation
1988 City of Stockton, California, Operator Training Program
1999 City of Davis, California, Wastewater Operations
2001 Sewer Authority Mid Coastside, Half Moon Bay, California, Process
2002 Napa Sanitation District, California, Wastewater Operations
2002-2014 City of Vacaville, California, Plant Operating Procedures
Page 8 of 10
Dan Cortinovis, P.E., Project Experience
Wastewater Treatment Training Videos
1991 Monterey Regional, California, System Overview
1994 Truckee Meadows, Sparks, Nevada, Wastewater Operations
1996-2011 Central Contra Costa Sanitary District, California, Operations
2000 City of Modesto, California, Wastewater Treatment Training
2001-2004 Dublin San Ramon Services, California, Process, Equipment Training
2004 Union Sanitary District, California, Solids Dewatering System
2006 City of Vacaville, California, Cogeneration Operation
Confidential Case Consulting for Attorneys
1986 Anaerobic Digestion of Food Processing Wastes
1992 Secondary Treatment and Solids Handling Capacity Issues
2000 Compliance Enforcement for Nitrification and Disinfection
2010 Investigation of Secondary Treatment Process Operation
2014 Tertiary Treatment Units for Work Sites Wastewater
Industrial Wastewater Evaluation and Training
1988 National Semiconductor, Santa Clara, California
1988 IBM Almaden Research Center, Almaden, California
1990 Unocal Oil Refinery, Rodeo, California
1990-1994 USS-Posco Steel Mill, Pittsburg, California
1991 Lawrence Livermore Laboratory, Livermore, California
1997 Tosco Oil Refinery, Santa Maria, California
2012 Unilever Corporation, Henderson, Nevada, with West Yost
Page 9 of 10
Dan Cortinovis, P.E., Project Experience
Author of Books Published by Ridgeline Press
1984 Controlling Wastewater Treatment Processes, text book
1985 Pass Your Wastewater Operator Exams, study guide
1988 Wastewater Math Made Easy, work book
Water Treatment and Distribution Operations Manuals
1988 Rancho Murieta Community Services District, California
1998-1999 Camp Pendleton Marine Corps Base, Wells, Booster Stations
1991-1992 Dublin San Ramon Services District, California, Booster Stations
2006-2014 City of Vacaville, California, Water Plant, Wells, Booster Stations
2013-2014 City of Vacaville, California, On-Site Chlorine Generation
Water Treatment and Distribution Systems Evaluations
1980 Operation Surveys of Thirty Facilities for Arizona Health Department
1993 Heritage Ranch Community Services District, California
1997 Stallion Springs Community Services District, California
2002 East Bay MUD, Walnut Creek, California, Upgrades Training Plan
2010 City of Fairfield, North Bay Water Treatment Plant Plan of Operation
2012 City of Fairfield, Waterman Water Treatment Plant Plan of Operation
Page 10 of 10
REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Award Contract Amendment for Professional Engineering Services for Nevada Street Bridge over Deer Creek
RECOMMENDATION: Pass Resolution 2019-XX, a Resolution of the City of Nevada City Awarding a Contract Amendment for a fixed price, not to exceed amount of $55,134.98 for Professional Engineering Services for Nevada Street Bridge over Deer Creek based on hourly labor, and other rates set forth in Consultant’s cost proposal, to Dokken Engineering of Folsom, CA and the authorize City Engineer to sign.
CONTACT: Bryan K. McAlister, City Engineer
BACKGROUND/DISCUSSION: The City is proposing to replace the existing bridge on Nevada Street over Deer Creek. The project is located at the south end of Nevada Street, near Broad Street in Nevada City, CA. The bridge has been programmed for replacement as a result of routine bridge inspections conducted by Caltrans which identified numerous deficiencies. Furthermore, the Federal Highway Administration (FHWA) conducted a National Bridge Inspection and identified that the bridge has unknown foundations and is considered scour critical. The proposed project site includes bridge approaches, and approximately 300 linear feet of Nevada Street, and portions of adjacent privately owned and publicly owned parcels.
The existing Bridge is an approximately 34-ft wide, 61-ft long, two-span steel girder bridge constructed in 1938. The bridge was evaluated by Caltrans as functionally obsolete in the most recent Bridge Inspection Report dated September, 2014. The existing bridge has two lanes with sidewalk on both sides. The bridge is located within Nevada City Downtown Historic District which is listed on the National Register of Historic Places. A bridge was originally constructed at this location in the 1860’s and later reconstructed in 1938. The City plans to reconstruct the bridge using natural rock walls (and/or rock facing) and aesthetic railings to closely match the original 1860’s bridge but with structural elements that meet current bridge standards. The proposed bridge will be an approximately 42-ft wide, 68-ft span with a 30-degree skew angle. The proposed skew will be used to improve roadway approaches.
The project will require utility relocations of sewer, water, electric and telephone. Undergrounding will be utilized for all existing overhead lines. Street improvements will be necessary at both approaches and will include grading, paving, drainage, sidewalk and parking lot striping.
Project objectives include replacing the existing bridge to meet regional flood control objectives, improve roadway safety and structural load capacity and provide a bridge and roadway facility that meets current design standards.
City staff procured proposals for Professional Engineering Services to prepare and provide the City with all required studies, plans and specifications for Bridge Replacement in accordance with the Highway Bridge Program and Caltrans standards and requirements for Federal and State funded projects. Dokken Engineering was selected as the most qualified consultant capable of performing the tasks required based on the evaluation criteria set forth in the RFP.
To-date, the City and its consultants have completed a topographic survey, environmental permitting, utility relocation plans, geotechnical investigations and preliminary design. Final bridge design is 95% complete and is expected to be finalized by November, 2019, at which time the City will submit a request for authorization or construction to Caltrans Local Assistance.
City Council formally awarded the initial contract work to Dokken Engineering for bridge design in 2016 including amendments 1 and 2. This current amendment, Contract Amendment 3, requests a contract increase to cover additional design elements that were not included in the original contract. The additional design elements include tieback retaining walls, new bridge railing standards, regarding the parking lot to match, new PG&E vault grades and sidewalk and railing to conform to adjacent property at the northwest corner of the bridge.
FISCAL CONSIDERATIONS: The project will be funded by Federal Highway Bridge funds with an 11.4% match from Measure “S” funds.
ATTACHMENTS: Resolution 2019-XX, a Resolution of the City of Nevada City Awarding a Contract Amendment to Dokken Engineering for Professional Engineering Services for Nevada Street Bridge Over Deer Creek in Nevada City Contract Amendment No. 3 with Dokken Engineering RESOLUTION 2019-XX
A RESOLUTION OF THE CITY OF NEVADA CITY AWARDING A CONTRACT AMENDMENT TO DOKKEN ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES FOR NEVADA STREET BRIDGE OVER DEER CREEK IN NEVADA CITY
WHEREAS, the City is in the process of replacing the 1938 bridge programmed for replacement as a result of routine bridge inspections conducted by Caltrans which identified numerous deficiencies; and
WHEREAS, Nevada City Council awarded a contract for Bridge Design to Dokken Engineering of Folsom, CA for Phase 1 on June 8, 2016 and for Phases 2 and 3 on September 28, 2016; and
WHEREAS, additional design elements, as further described in the Addendum 3 scope of work, have been identified as being necessary for completion of design; and
WHEREAS, funding for Bridge Design has been procured through the Federal Highway Bridge Replacement program (88.6% Federal participation) and Nevada City Measure “S” (11.4% local matching funds); and
BE IT RESOLVED, the City Council of the City of Nevada City awards a contract amendment for a fixed price, not to exceed amount of $55,134.98 for professional engineering services for Nevada Street Bridge over Deer Creek based on hourly labor, and other rates set forth in consultant’s cost proposal, to Dokken engineering of Folsom, CA and the City Engineer to sign.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 14th day of August, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
Professional Engineering Services for the Nevada Street over Deer Creek Bridge Replacement
EXHIBIT A – AMENDMENT NO. 3 SCOPE OF SERVICES Revised July 5, 2019
The following supplemental scope of work is intended to provide additional engineering and design necessary to obtain ready to advertise plans, specifications and estimates for the Nevada Street Bridge Replacement at Deer Creek. Dokken Engineering has tried to accommodate the additional complexity of the design within the existing budgets, but we remain short the necessary budgets to address the design complexities of this site. We now estimate the number of plan sheets necessary to address the extensive details with this site to be 60 sheets.
TASK 7 BRIDGE DESIGN Task 7.4 Tie Back Retaining Walls Tie-Back Retaining Walls - Due to existing utilities in Nevada Street and the creek, Retaining Wall Nos. 2 and 3 must be designed as a tie-back retaining wall system. This wall type requires additional structural design and details above that required when a Caltrans standard plan retaining wall can be used. Additional effort for NV-5 for geotechnical determination of the tie-back length is also required. This wall was originally intended to be an extension of the abutment or a Caltrans Type 1 Retaining Wall. The details all show accommodating the existing Manzanita Creek Tunnel outfall. Task 7.5 Bridge Railings Dokken will design a bridge railing replacement for the Broad Street Bridge. The existing Type SA concrete barrier will be replaced with a new Type 732 SW (Modified) concrete barrier. The new modified railing will include a granite rock facing on the sidewalk face of the barrier and weathering steel for the handrail extensions above the concrete. Dokken will research available railings for the Deer Creek Bridge to protect the traffic, pedestrians and structural truss members. Since this design project began in late 2016, the Federal Highway Administration has issued new requirements for barriers (MASH Standards). Dokken will detail the application of an appropriate MASH TL-2 rated barrier for the Deer Creek Bridge.
TASK 8 ROADWAY DESIGN Task 8.3 Additional Parking Lot Design Parking Lot – The completed parking lot design must be revised to match new grades set by replacement of the major PG&E gas vault in the parking lot. PG&E replaced the gas vault in the spring/early summer of 2019 after design of the bridge project. Irrigation to Planter Areas – Additional site visit to coordinate irrigation sleeve installations between planter boxes in the parking lot. This is to avoid impacting the pavement later on, when planting is installed. Added details to plans and quantities for irrigation sleeve(pipes). This task assumes irrigation sprinklers, valves and controllers will be provided with planting at a later time. Task 8.4 Grading & Sidewalk design at NW Corner of Bridge Dokken will design sidewalk, railing and stairs at the northwest corner of the bridge to restore access to the Century 21 Real Estate office. Improvements include an elevated sidewalk, stairs and railing. The improvements will be designed to keep drainage from the bridge and roadway away from the stairs leading to the office.
Professional Engineering Services for the Nevada Street over Deer Creek Bridge Replacement
Construction Details – 1 Sheet Task 8.5 Street and Bridge Lighting Design Dokken will design street lighting at the bridge and adjacent intersection. The lighting will be designed to provide an appropriate level of illumination and with electric fixtures that resemble the City’s historic gas lamp look. Street and Bridge Lighting – 1 Sheet
TASK 9 UTILITY COORDINATION Task 9.4 Wet Utility Design and Quantities Dokken assisted the City with utility coordination exhibits and coordination with Caltrans local assistance. Dokken will add 6 sheets to the plan set to address utilities. These will include: Utility Layout Sheet – 1 sheet Sanitary Sewer Plan, Profile and Details – 3 Sheets Waterline Plan Profile and Details – 2 Sheets
END OF SCOPE OF WORK
EXHIBIT B - COST ESTIMATED BY HOURS AND TASKS Nevada City Amendment No. 3 - Nevada Street Bridge over Deer Creek Revised July 8, 2019 DOKKEN ENGINEERING TOTALS TASK Ma tth e w G r i gg s , PE P r o j ec t Ma n a g er Ma r t i n Maec h l e , P E B r i d g e D s n C h eck F o r tun a t E n i qu e z , P P r o j ec t E n g i eer Jo e O std i k , P E S t r ee Li g ht i ng Ass o c i a t e E n g eer Ass i st a nt E n g eer Se n i o r C ADD E n g i ee r T ec hn c an
$217.92 $200.94 $130.18 $172.63 $124.52 $79.24 $149.99 $70.75 G RA N D T OTA L - HOURS G RA N D T OTA L - I R E C OSTS G RA N D T OTA L - C OSTS TASK 7 - BRIDGE DESIGN 4 19 96 16 14 149 $8,000.00 $28,554.87 7.4 Tie Back Retaining Walls 2 16 56 8 8 90 $8,000.00 $20,774.98 7.5 Bridge Railings 2 3 40 8 6 59 $7,779.89 TASK 8 - ROADWAY DESIGN 6 12 24 58 52 152 $18,355.90 8.3 Additional Parking Lot Design 2 4 40 32 78 $8,473.26 8.4 Grading and Sidewalk Design at NW Corner of Bridge 2 4 10 20 36 $3,786.65 8.5 Street and Bridge Lighting 2 4 24 8 38 $6,095.99 TASK 9 - UTILITY COORDINATION 2 8 16 60 86 $8,224.21 9.4 Wet Utility Design and Quantities 2 8 16 60 86 $8,224.21 - - - TOTAL HOURS 12 19 116 24 74 128 14 - 387 TOTAL COST $2,614.99 $3,817.78 $15,101.31 $4,143.24 $9,214.74 $10,143.01 $2,099.92 $8,000.00 $55,134.98 REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City CA 95959 www.nevadacityca.gov August 14, 2019 ______
TITLE: Approval of the Subrecipient Agreement with Nevada County Transportation Commission for Transportation Planning RECOMMENDATION: Pass Resolution 2019-XX, a Resolution approving the Subrecipient Agreement with the Nevada County Transportation Commission for transportation planning and Authorize the Mayor to sign. CONTACT: Bryan McAlister, City Engineer
BACKGROUND/DISCUSSION: Nevada City and the Nevada County Transportation Commission (NCTC) are each empowered by law to conduct, participate in and provide regional transportation planning activities and desire to cooperate in the exercise of those powers. NCTC has been awarded Rural Planning Assistance (RPA) and State Transportation Improvement Program (STIP) Planning Programming and Monitoring (PPM) funds administered through the California Department of Transportation (“Caltrans”), to implement and support regional transportation planning activities. The City of Nevada City (Subrecipient) is eligible to apply for and receive state and federal financial assistance and to participate with NCTC, local and state agencies, the general public, and the private sector in planning efforts to identify and plan policies, strategies, programs and actions that maximize and implement the regional transportation infrastructure.
Staff is recommending the Council adopt a Resolution acknowledging its approval of the Subrecipient Agreement with NCTC for transportation planning.
ENVIRONMENTAL CONSIDERATIONS: Not applicable.
FISCAL IMPACT: Not applicable.
ATTACHMENT: Resolution 2019-XX, a Resolution Approving the Subrecipient Agreement with the Nevada County Transportation Commission for Transportation Planning and Authorize the Mayor to sign NCTC-Subrecipient Agreement for Transportation Planning
RESOLUTION NO. 2019-XX
RESOLUTION APPROVING THE SUBRECIPIENT AGREEMENT WITH NEVADA COUNTY TRANSPORTATION COMMISSION FOR TRANSPORTATION PLANNING AND AUTHORIZE THE MAYOR TO SIGN
WHEREAS, the City of Nevada City and the Nevada County Transportation Commission (NCTC) are each empowered by law to conduct, participate in and provide regional transportation planning activities and desire to cooperate in the exercise of those powers; and
WHEREAS, since 1994 the Nevada County Transportation Commission (NCTC) has had a “Memorandum of Understanding (MOU) Regarding Regional Transportation Planning” in place with its member agencies, the Cities of Grass Valley and Nevada City, the Town of Truckee, and Nevada County. The MOU provides that NCTC will adopt an annual work program after submitting the proposed work program to each party to the MOU for its review and comment. Each party acknowledges its approval of the projects contained in the proposed annual work program by adoption of a resolution.
WHEREAS, during 2015, Caltrans Division of Audits and Investigations conducted a “pre-award audit” of NCTC’s management practices. Notwithstanding the MOU that is in place, the Caltrans auditor recommended that NCTC enter into contractual agreements with local agencies that perform work identified in the annual work program. In response to the Caltrans auditor’s recommendation, NCTC’s legal counsel has prepared the attached Subrecipient Agreement between the NCTC and the City of Nevada City.
BE IT RESOLVED by the City Council of the City of Nevada City hereby acknowledges its approval of the Subrecipient Agreement with the Nevada County Transportation Commission for Transportation Planning and authorizes the Mayor to sign.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City held on the 14th day of August, 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City CA 95959 www.nevadacityca.gov August 14, 2019 ______
TITLE: Authorization for the City Engineer to Execute on Behalf of the City of Nevada City Right of Way Certifications for Federally Funded Projects with Caltrans Oversight RECOMMENDATION: Pass Resolution 2019-XX, a Resolution of the City Council of the City of Nevada authorizing the City Engineer to execute right-of-way certifications on behalf of the City of Nevada City for federal funded transportation projects with State of California, Department of Transportation oversight. CONTACT: Bryan McAlister, City Engineer
BACKGROUND/DISCUSSION: The City of Nevada City routinely applies for grants for federally funded transportation projects. The State of California Department of Transportation (CALTRANS) and the federal government have established procedures for certifying that rights-of-way have been acquired according to the regulations for federally funded projects. This procedure requires that the person signing the letters certifying rights-of-way on behalf of local agencies shall be properly authorized to do so by resolution of the local agency legislative body.
Staff is recommending that the Council authorize the City Engineer to execute on behalf of the City, all right-of-way certifications for federally funded projects.
ENVIRONMENTAL CONSIDERATIONS: Not applicable.
FISCAL IMPACT: Not applicable.
ATTACHMENT: Resolution 2019-XX, a Resolution of the City Council of the City of Nevada City Authorizing the City Engineer to Execute Right-of-Way Certifications on Behalf of the City of Nevada City for Federally Funded Transportation Projects with Stat of California, Department of Transportation Oversight.
RESOLUTION NO. 2019- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS ON BEHALF OF THE CITY OF NEVADA CITY FOR FEDERALLY FUNDED TRANSPORTATION PROJECTS WITH STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION OVERSIGHT
WHEREAS, the City of Nevada City routinely applies for grants for federally funded transportation projects; and
WHEREAS, the State of California Department of Transportation and the federal government have established procedures for certifying that rights-of-way have been acquired according to the regulations for federally funded projects; and
WHEREAS, the State of California, Department of Transportation has established that the person signing the letters certifying rights-of-way on behalf of local agencies shall be properly authorized to do so by resolution of the local agency legislative body.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Nevada City does hereby authorize the City Engineer to execute on behalf of the City of Nevada City all right-of-way certifications required by the State of California, Department of Transportation and the federal government pertaining to certifying that rights-of-way have been acquired according to the regulations for federally funded projects.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 14th day of August, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: A Resolution Calling for a General Municipal Election on March 3, 2020
RECOMMENDATION: Pass Resolution 2019-XX, a Resolution of the City of Nevada City Calling for a General Municipal Election on March 3, 2020.
CONTACT: Loree’ McCay, Administrative Services Manager, Deputy City Clerk
BACKGROUND / DISCUSSION: An election will be held within the City of Nevada City on Tuesday, March 3rd, 2020 for the purpose of electing three (3) members to the City Council and a City Clerk. The City requests the governing body of the County of Nevada, as prescribed by Election Code Section 10402 and 10403 to consolidate the regularly scheduled district election with any other elections to be held on March 3rd, 2020.
FISCAL IMPACT: The City agrees to reimburse the County of Nevada for the City’s prorated share of the costs of the election which is approximately $2,500.
ATTACHMENT: Resolution 2019-XX, a Resolution of the City of Nevada City Calling for a General District Election on March 3, 2020 RESOLUTION 2019-XX
RESOLUTION OF THE CITY OF NEVADA CITY CALLING GENERAL MUNICIPAL ELECTION ON MARCH 3, 2020
WHEREAS, an election will be held within the City of Nevada City on Tuesday, March 3rd, 2020 for the purpose of electing three (3) members to the City Council and a City Clerk; and
WHEREAS, whenever two or more elections are called to be held on the same day, in the same territory or in part of the same territory, such elections should be consolidated.
BE IT RESOLVED, that the City of Nevada City requests the governing body of the County of Nevada, as prescribed by Elections Code Section 10402 and 10403 to consolidate the regularly scheduled municipal election with any other elections to be held on March 3rd, 2020; and
BE IT FURTHER RESOLVED, the candidate is to pay for the publication of the candidate’s statement, pursuant to Election’s Code Section 10509. The limitation on the number of words that a candidate may use in his/her Candidate’s Statement is 200 words; and
BE IT FURTHER RESOLVED, the City of Nevada City agrees to reimburse the County of Nevada for the City’s prorated share of the costs of the election.
PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 14th day of August, 2019 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk [Type here]
CITY OF NEVADA CITY ACTION MINUTES REGULAR CITY COUNCIL MEETING OF JULY 23, 2019
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 Loree’ McCay, Deputy City Clerk at (530) 265-2496, ext 134.
- City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.
CLOSED SESSION – None.
REGULAR MEETING – 6:30 PM - Call to Order
Roll Call: Present: Vice Mayor Minett, Council Members Parker, Moberg and Strawser Mayor Senum arrived at 8:45 PM
PLEDGE OF ALLEGIANCE
PROCLAMATIONS:
PRESENTATIONS:
BUSINESS FROM THE FLOOR
1. PUBLIC COMMENT (Per Government Code Section 54954.3) Please refer to the meeting video on the City’s website at www.nevadacityca.gov.
2. COUNCIL MEMBERS REQUESTED ITEMS AND COMMITTEE REPORTS:
3. CONSENT ITEMS:
A. Subject: Fire Activity Report – June 2019 Recommendation: Receive and file.
B. Subject: Proposed City Manager Cost of Living Adjustment Recommendation: Pass a Motion authorizing a 2.5% cost of living adjustment for City Manager, Catrina Olson to be effective pay period June 1, 2019.
Action: Motion by Moberg, seconded by Parker to approve the consent items as presented. (Approved 4 – 0, Absent 1)
4. APPROVAL OF ACTION MINUTES:
A. Subject: City Council Meeting – July 10, 2019 Action: Motion by Parker, seconded by Strawser to approve the minutes of July 10, 2019 as presented. (Approved 4 – 0, Absent 1) 1 [Type here]
5. DEPARTMENT REQUESTED ACTION ITEMS AND UPDATE REPORTS:
6. PUBLIC HEARINGS:
7. OLD BUSINESS:
A. Subject: Elixart Benches Recommendation: 1. Find the project categorically exemption pursuant to CEQA Guideline §15301.
2. Based on planning commission recommendation, approve placement of the benches on the City sidewalk outside Elixart, at the New York Hotel building, as conditioned. Action: Motion by Strawser, seconded by Moberg to find the project categorically exempt pursuant to CEQA Guideline §15301 and approve the placement of the benches on the City sidewalk outside Elixart at then York Hotel building based on planning commission’s recommendation. (Approved 4 – 0, Absent 1)
B. Subject: An Ordinance of the City of Nevada City Amending Subsection B of Section 8.04.030 of Chapter 8.04 and Section 8.10.050 of Chapter 8.10 of the Nevada City Municipal Code Clarifying Authority of Fire Chief in Abatement Procedures for Fire Hazard Nuisances and Enforcement Thereof Recommendation: Review and consider, waive reading of Ordinance, read title only and introduce for first reading. Action: Motion by Strawser, seconded by Moberg to waive reading of the Ordinance, read title only and introduce for a first reading and Ordinance of the City of Nevada City Amending Subsection B of Section 8.04.030 of Chapter 8.04 and Section 8.10.050 of Chapter 8.10 of the Nevada City Municipal Code Clarifying Authority of Fire Chief in Abatement Procedures for Fire Hazard Nuisances and Enforcement Thereof. (Approved 4 – 0, Absent 1)
C. Subject: Reconsideration of Revised Parking Meter Rates Established in Resolution 2019-23 Adopted June 12, 2019 Recommendation: Review memorandum submitted by the Chamber Board of Directors (BoD) and proposed compromise to the parking meter plan submitted by Mayor Senum and Vice Mayor Minett. Provide staff direction, if desired, to prepare an amended resolution to include the compromise parking meter rate plan and bring back to City Council for adoption. Action: Council member Strawser and Moberg volunteered to be sit on the committee. Motion by Strawser and seconded by Parker to suspend Resolution 2019-23, Revised Parking Meter Rates until the September 25, 2019 City Council meeting. City Council directed staff to create a committee to evaluate and come up with solutions for parking and parking rates in Nevada City and bring back recommendations to Council for consideration. (Approved 3 – 1, Absent 1)
Council recessed for 5 minutes from 8:29 PM to 8:34 PM.
2 [Type here]
D. Subject: Annexation of Approximately 41 Acres in Four Groups of Properties Identified as Priority Annexation Areas in the City Sphere of Influence Recommendation: Pass Resolution 2019-XX, a Resolution of Intent to annex areas within the Nevada City Sphere of Influence identified for near-term annexation, into the City in advance of or concurrent with consideration and processing of any project thereon. Action: City Council continued this item to the second meeting in August so that staff could send a letter and contact all property owners within the annexation area for input relating to properties being annexed, as to opposing or supporting the annexation.
Mayor Senum joined the meeting at 8:45 PM.
E. Subject: Fiscal Year (FY) 2018-2019 Year End Budget Amendments Recommendation: Pass Resolution 2019-38 adopting amendments to the Nevada City FY 2018-2019 Budget. Action: Motion by Strawser, seconded by Parker to pass Resolution 2019-38, a Resolution adopted amendments to the Nevada City FY 2018-2019 budget. (Approved 5 – 0)
8. NEW BUSINESS:
A. Subject: Digital Dalang’s Indonesian Puppet Theatre Recommendation: Review and authorize the Digital Dalang’s Indonesian Puppet Theatre street closure request per application. Action: Motion by Strawser, seconded by Parker to authorize the street closure request, per application, for the Digital Dalang’s Indonesian Puppet Theatre subject to being sure that all affected merchants and residents are notified of the closure and that waiving the fee didn’t violate any Fair Political Practices Commission regulations (Mayor Senum being the applicant recused herself from the discussion and vote). (Approved 4 – 0, Recusal 1)
9. CORRESPONDENCE:
10. ANNOUNCEMENTS:
11. CITY MANAGER’S REPORT: The City Manager provided a written report that was attached to the agenda packet.
12. ADJOURNMENT: - 9:47 PM
______Reinette Senum, Mayor
ATTEST:
______Niel Locke, City Clerk
3 REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Old Airport Park Visioning Proposal
RECOMMENDATION: Pass Resolution 2019-XX, a Resolution of the City of Nevada City to award a contract to JK Architecture Engineering to develop a conceptual plan for the Old Airport Property and authorize the City Manager to sign.
CONTACT: Dawn Zydonis, Parks & Recreation Manager Amy Wolfson, City Planner
BACKGROUND / DISCUSSION: At the March 13, 2019 City Council meeting, the Council was presented with a list of recommended priorities that should be included in a Master Plan for the Old Airport Property. City Council directed staff to look into a feasibility study for solar and draft a request for proposal (RFP) to engage the services of a consultant to assist in providing a design and drawings of an Old Airport Master Plan based from the priority list presented.
City staff met with Andrew Todd and Chris Vicencio from JK Architecture Engineering to find out if they might be able to assist the City in creating a conceptual plan for the Old Airport property. Their proposal (attached) includes 3 Phases: 1. A meeting with staff to focus on process, intentions and goals. 2. A meeting with stakeholders to further develop the project and fine tune the direction. This would most likely be an item on a City Council Meeting Agenda. 3. Provide concept site plan and a 3-D rendered image concept of what the space could look like once the property is developed.
The sample drawings that were presented to staff of the type of work that could be created by JK Architecture were helpful in seeing the product that would be provided to the City. The drawings and 3-D rendering will be valuable to the City in finalizing our vision and goals for use of the Old Airport Property. This is a reasonable and generous cost proposal and the final product will be something that the City can use to move forward with the creation of a Master Plan, get the community interested and excited about development of the property and increase chances for funding opportunities.
ENVIRONMENTAL CONSIDERATIONS: Environmental documents would need to be prepared to confirm that the Conceptual Plan is possible.
FISCAL IMPACT: The quote for the proposed phases is $5,000. This would come from the Planning Department and/or Recreation Department budgets.
ATTACHMENTS: Resolution 2019-XXof the City Council of the City of Nevada City to Award a Contract to JK Architecture Engineering to Develop a Conceptual Plan for the Old Airport Property and Authorize the City Manager to Sign Proposal for Architectural Services Priority List from the March 13, 2019 City Council Meeting RESOLUTION NO. 2019- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY TO AWARD A CONTRACT TO JK ARCHITECTURE ENIGINEERING TO DEVELOP A CONCEPTUAL PLAN FOR THE OLD AIRPORT PROPERTY AND AUTHORIZE THE CITY MANAGER TO SIGN
WHEREAS, the Nevada City Council has expressed interest in development of a master plan that includes concepts for the vision of the City owned Old Airport Property; and
WHEREAS, the City staff have held two community workshops, held an Old Airport site visit and provided a survey to gather recommended development ideas; and
WHEREAS, at the March 13, 2019 a list of recommended priorities was presented to City Council with the direction to move forward with development of a master plan; and
WHEREAS, funding to create a conceptual design for the Old Airport property will come from the Planning and Parks and Recreation Department outside services budgets.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City to award a contract to JK Architecture Engineering for $5,000 to develop a conceptual plan for the Old Airport Property and authorize the City Manager to sign.
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Nevada City on the 14th day of August, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
July 29, 2019
Ms. Amy Wolfson, City Planner City of Nevada City 317 Broad Street Nevada City, CA 95959
RE: Proposal for Architectural Services – Nevada City Park Visioning
Dear Ms. Wolfson,
Thank you for meeting with myself and Andrew Todd regarding the transformation of the old airport property into a community park. As Nevada City residents, we appreciate any opportunity to become involved in the local community. JK Architecture Engineering (JKAE) is well qualified to consult on this project and would offer a viable solution to your needs and goals.
We envision the following phases of service to Imagine, Design and Create your vision to reality. All services will be in accordance with this Proposal and the attached Standard Terms & Conditions. JKAE proposes to provide the following services based on our understanding of the project:
PHASE 1: IMAGINE This phase will include an initial design visioning and brainstorming meeting with staff to focus on process, intentions and goals.
PHASE 2: DESIGN During this phase, we will conduct a second meeting with stakeholders where we would further develop the project and fine tune the direction from the first meeting.
PHASE 3: CREATE JKAE will provide Nevada City with two renderings: 1. Rendered and annotated concept site plan illustrating and summarizing the design efforts from our meetings 2. 3-D rendered image concept showing the heart of the proposed park
The design package would capture the overall vision and goals for the park and could be used by the City to help garner local interest and funding.
ADDITIONAL SERVICES AS REQUESTED Should you require additional services beyond the scope of work listed above, JKAE will be compensated on a Time and Materials (T&M) basis for these services.
ASSUMPTIONS 1. Any work not specifically addressed in the phases listed herein is not included. 2. One copy of each design is included in our fee. 3. Additional printing and plotting costs will be billed accordingly as reimbursable at cost plus 15%.
AUBURN | TAHOE CITY | RENO | SAN JOSE IMAGINE | DESIGN | CREATE 11661 Blocker Drive, Suite 220, Auburn, CA 95603 530.888.0998 www.jkaedesign.com
FEE | SCHEDULE In consideration of the above referenced services, JKAE shall be paid on a Fixed Fee basis for Phases 1-3, per the following:
Total Fixed Fee* $5,000.00 Project Timeline Two months from approval of contract
*Donated Principal and Associate time of approximately $3500.00 has been deducted from the overall fee.
BILLING PROCEDURES Billing will occur monthly for work and expenditures from the previous month. Invoices will be sent out within the first two weeks of each month and are due and payable in full upon receipt. Accepted payment options are check or credit card. If payment is made by credit card, a 4% processing fee will be added to the invoice total. Invoices become late at thirty (30) days from the date of invoice. Late charges accrue at a rate of 1.5% per month beginning from the 30th day after the date of invoice. Payments received will be applied to any finance charges first before being applied to any outstanding invoices.
ACCEPTANCE If you find this proposal satisfactory, please sign and initial each page where indicated and return a PDF copy to us via email. Upon receipt of signed proposal and retainer, we will immediately schedule the work.
This Proposal will perform as the contract between us for the architectural services as described above. Your signature below indicates approval of this Proposal, including our Standard Terms & Conditions and Rate Schedule (attached).
We are excited and appreciate the opportunity to be of service.
Sincerely, Accepted by: City of Nevada City
______Chris Vicencio, Partner, C26985 Signature Date JK Architecture Engineering ______Print Name/Title
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2019 TERMS AND CONDITIONS
Jordan Knighton Architects, Inc. (dba JK Architecture Engineering) is hereby known as “CONSULTANT” below and City of Nevada City is hereby known as “CLIENT”
1. RATE SCHEDULE. The rates charged for services are based on the current CONSULTANT’S rate schedule, which is modified periodically.
2. REIMBURSABLE EXPENSES. Reimbursable expenses are expenditures made by the CONSULTANT, its employees or consultants in the interest of or relating to the Project, including, but not limited to: Transportation, subsistence, and lodging; Long distance telephone charges, messenger or overnight mail services, fax charges, field office expenses, and approval fees; Copy charges, postage and document preparation fees; Computer plots and blue lines; and when authorized in advance by CLIENT, overtime charges, and expenses for preparation of perspectives, renderings, or models.
3. INVOICING PROCEDURE. CLIENT will be invoiced at regular monthly billing intervals for work performed in the previous month. Payment of an invoice in full must be received by CONSULTANT within thirty (30) days of the date of such invoice.
4. EFFECT OF NOTICE. The work performed shall be deemed approved and accepted by CLIENT unless CONSULTANT receives a written objection from CLIENT within fifteen (15) days of invoice date specifically stating in detail the work disputed by CLIENT and the invoice amount in dispute. CLIENT shall timely pay all undisputed amounts.
5. INTEREST; SUSPENSION OF WORK. Failure of CLIENT to submit full payment of an invoice so that it is received by CONSULTANT within fifteen (15) days after the date thereof subjects the amount overdue to a delinquent account interest rate of one and half percent (1.5%) per month, compounded monthly. Failure of CLIENT to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT’S discretion.
6. ADVANCE PAYMENT: WITHHOLDING OF WORK PRODUCT. CONSULTANT reserves the right to require payment in advance for work estimated to be done during a given billing interval. CONSULTANT reserves the right to withhold any services and work product pending payment in full of CLIENT’S outstanding indebtedness or advance payment of CONSULTANT. The decision to withhold services and work product or require advance payment is solely within CONSULTANT’S discretion and shall not result in any liability to CLIENT for any reason.
7. ADDITIONAL SERVICES AND PRODUCTS. Services and products which are not expressly included in the description set forth above in the PROPOSAL as determined by CONSULTANT are not covered by this agreement. Adjustments to this agreement for additional services or products shall be requested in writing signed by CLIENT. A verbal authorization by the CLIENT is an acceptable acknowledgement of additional services. A Change Order will then be issued describing the additional service or product. All work performed by the Change Order will be charged at the current rate schedule. The Change Order must be signed by the CLIENT prior to commencement of work, unless other arrangements are made between the CONSULTANT and the CLIENT. All Change Orders are subjected to all Terms and Conditions as set forth in the original agreement. Any verbal authorization in the field or under emergency circumstances shall be reduced to writing (electronic or written communications) within 24 hours and thereafter a formal change order shall be prepared and executed by the parties.
8. CHANGED CIRCUMSTANCES. CONSULTANT shall notify CLIENT of a change in circumstances which materially affects CONSULTANT’S ability to perform or materially increases costs, and the estimated fee shall be renegotiated. If an amended agreement cannot be reached, then CONSULTANT may terminate this agreement and may be paid pursuant to paragraph 13 herein.
9. DEFAULT. This agreement may be terminated by either party upon ten (10) days written notice, should the other party fail substantially to perform in accordance with this Agreement through no fault of the party initiating the termination. CONSULTANT may, at its discretion, terminate the agreement for failure to timely pay pursuant to section 5 above. A suspension of CONSULTANT’S work for more than sixty (60) days may be considered in default of CLIENT’S obligations hereunder.
10. DELAYS. In the event of construction or other delays, not caused by CONSULTANT, the time for completion shall be adjusted appropriately and CONSULTANT shall be equitably compensated for any additional fees and costs incurred by the reason of the delay.
11. TERMINATION ADJUSTMENT: PAYMENT. If this Agreement is terminated through no fault of the CONSULTANT, CONSULTANT shall be paid for services performed to the termination notice date, including Reimbursable Expenses due, plus a Termination Adjustment equaling fifteen percent (15%) of the estimated fee remaining to be earned at the time of termination to account for the CONSULTANT’S rescheduling adjustment, reassigning of personnel, and related costs incurred due to termination.
12. LIMITATION OF LIABILITY. CLIENT AGREES TO LIMIT THE LIABILITY OF CONSULTANT TO CLIENT AND, BY WAY OF INDEMNITY AND DEFENSE, LIMIT THE LIABILITY TO CONSULTANT TO ALL CONTRACTORS, SUBCONTRACTORS AND CLIENT’S AGENTS, EMPLOYEES AND CONSULTANTS, AND TO ALL OTHER THIRD PARTIES, FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES, OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER RESULTING FROM ANY ALLEGED BREACH OF THIS AGREEMENT OR ALLEGED NEGLIGENT PROFESSIONAL ACTS, ERROR, OR OMISSIONS OF CONSULTANT AND ITS AGENTS, EMPLOYEES AND CONSULTANTS, SO THAT THE TOTAL AGGREGATE LIABILITY OF CONSULTANT SHALL NOT EXCEED $5,000 OR CONSULTANT’S TOTAL FEE FOR SERVICES RENDERED ON THE PROJECT, WHICHEVER IS GREATER.
13. INDEMNIFICATION. To the fullest extent permitted by law, CLIENT, without regard to a finding of negligence, breach or fault by CLIENT, shall defend, indemnify and hold JKA, and its officers, employees and agents harmless from and against any and all damages, losses, claims, demands, liabilities and judgments (“Claims”), including reasonable expert and attorneys’ fees and expenses, arising out of, resulting from, or occurring in connection with (a) and materials, reports, information and/or services provided by CLIENT or its agents and employees, (b) the performance or failure in performance of the work by CLIENT or its contractors, agents and employees, (c) CLIENT’S legal or contractual obligations for the project, and/or (d) any errors or omissions in the work or services of CLIENT or its contractors, agents and employees except if such Claims directly arise as a result a finding by a Court or Arbitrator of active negligence, sole negligence or willful misconduct of JKAE.
14. CONSTRUCTION OBSERVATION SERVICES. CONSULTANT’S construction observation services, if any, shall be limited in observation of construction operations to provide CLIENT with an understanding of the general nature, progress and quality of the work based upon applicable standards of practice. Unless otherwise agreed in writing, or unless consistent with the standard of care, CONSULTANT shall not be responsible for continuous or exhaustive inspection work. In no event shall CONSULTANT be responsible for the means and methods of construction or for the safety procedures employed by the contractor.
15. CERTIFICATION SERVICES. CONSULTANT shall sign certifications only if CONSULTANT approves the form of such certification prior to the commencement of services, and provided such certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied.
16. SITE ACCESS. CLIENT shall secure the permission necessary to allow CONSULTANT’S personnel and equipment access to the project site at no cost to CONSULTANT. Chris Vicencio – CA26985 / NV7836 CLIENT INITIALS: ______
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17. WORK NOT PERFORMED BY CONSULTANT. CONSULTANT is not responsible for the completion or quality of work which is dependent upon or performed by the CLIENT or third parties not under the direct control of CONSULTANT, nor is CONSULTANT responsible for their acts or omissions or for any damages resulting there from.
18. CHANGE OR MODIFICATION. Neither CLIENT nor any other person is authorized to change or modify CONSULTANT’S work without CONSULTANT’S written authorization. CLIENT releases CONSULTANT from liability and agrees to defend, indemnify and hold harmless CONSULTANT from any and all liability or damages arising, in whole or in part, from such unauthorized changes or modifications.
19. APPLICABLE LAW. This agreement shall be interpreted and enforced according to the laws of the State of California.
20. ASSIGNMENT: SUBCONTRACTING. Neither CLIENT nor CONSULTANT shall assign its interest in this agreement without the written consent of the other: CONSULTANT may subcontract any portion of the work to be performed without such consent.
21. OWNERSHIP OF DOCUMENTS. All plans, tracings, survey notes and other documents as instruments of service are and shall remain the property of CONSULTANT. Use of CONSULTANT’S work product(s) on other projects without CONSULTANT’S prior written consent is prohibited: however if used, shall be at CLIENT’S sole risk.
22. FORCE MAJEURE. Any delay or default in the performance of any obligation of CONSULTANT under this Agreement resulting from any cause(s) beyond CONSULTANT’S reasonable control shall not be deemed a breach of this agreement. The occurrence of any such event shall suspend the obligations of CONSULTANT as long as performance is delayed or prevented thereby, and the fees due hereunder equitably shall be adjusted.
23. ATTORNEY’S FEES. In the event of an action in Arbitration or Court by CLIENT or CONSULTANT concerning overpayment or to recover unpaid architect fees, prevailing party shall be entitled to its reasonable attorney fees and court costs.
24. MERGER: WAIVER: SURVIVAL. These Terms and Conditions together with the signed contract constitutes the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, and/or agreement, written or oral. One or more waivers of any term, condition or other provision of this agreement by either party shall be not constructed as a waiver of all subsequent breaches of the same or any other provisions. Any provision which is legally deemed void or unenforceable shall not void this entire agreement and all remaining provisions shall survive and be enforceable.
25. BILLING AND PAYMENT TERMS. a) Collection Costs. If the CLIENT fails to make payments when due and the CONSULTANT incurs any costs in order to collect overdue sums from the CLIENT, the CLIENT agrees that all such collection costs incurred shall immediately become due and payable to the CONSULTANT. Collection costs shall include, without limitation, legal fees, collection agency fees, and expenses, court costs, collection bonds and reasonable CONSULTANT costs at standard billing rates for the CONSULTANT time spent in efforts to collect. This obligation of the CLIENT to pay the CONSULTANT’S collection costs shall survive the term of this Work Authorization or any earlier termination by either party. b) Discounts. Payment of invoices shall not be subject to any discount by the CLIENT, unless agreed to in writing by the CONSULTANT. Payment to the CONSULTANT for services rendered and expenses incurred shall be due and payable regardless of any subsequent suspension or termination of this Work Authorization by either party. c) Disputed Invoices. If the CLIENT objects to any portion of an invoice, the CLIENT shall so notify the CONSULTANT in writing within seven (7) calendar days of receipt of the invoice. The CLIENT shall identify in writing the specific cause of the disagreement and the amount in dispute, and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Work Authorization. Any dispute over invoiced amount due that cannot be resolved within ten (10) calendar days after presentation of invoice by direct negotiation between the parties shall be resolved within thirty (30) days in accordance with the Dispute Resolution provision in this Work Authorization. Interest as stated above shall be paid by the CLIENT on all disputed amounts that are subsequently resolved in the CONSULTANT’S favor and shall be calculated on the unpaid balance from the due date of the invoice.
26. PERSONAL LIABILITY. In no event will the officers, directors, shareholders, owners, members, partners or employees of the CONSULTANT, or CONSULTANT’S Consultants be personally liable for any obligation under this Agreement, for any alleged breach of this Agreement, for any direct, indirect, incidental or consequential losses or damages of any kind or nature whatsoever. The Owner agrees that its sole and exclusive remedy for any and all obligations and claims will be against the Entity and not against any individual officer, director, shareholder, owner, member, partner or employee. Owner and CONSULTANT expressly waive any applicable statute or regulation to the contrary.
27. CHANGE ORDERS. CONSULTANT will not be liable for any change orders or charges or which result from contractor change orders for increased construction costs. CONSULTANT and CLIENT acknowledge that some design errors and omissions that result in changes to design during construction are normal and occur on all construction projects, and as such, CLIENT and/or contractor will be solely responsible for their cost. CLIENT is strongly encouraged to perform a constructability review of CONSULTANT’S design drawings prior to the initiation of construction in order to minimize the possibility of design changes during construction.
28. JOB SITE SAFETY. CONSULTANT will be responsible for the activities of its Employees while performing services for CLIENT. However, nothing in this section will be construed as relieving CLIENT or any construction contractor of any duties that they may have under law with respect to the safety of workers and other persons, including, but not limited to, duties to maintain safe working conditions, observe governmental regulations governing workplace safety, and keep in effect worker's compensation and any other forms of insurance.
29. CERTIFICATE OF MERIT. CLIENT will make no claim (whether directly or in the form of a third party claim) against CONSULTANT unless CLIENT has first provided CONSULTANT with a written certification executed by an independent architect, specifying each and every act or omission of negligence that the certifier contends constitutes a violation of the standard of care expected of an architect performing services under similar circumstances. CLIENT will provide such certificate to CONSULTANT no less than thirty days before presenting any claim against CONSULTANT
30. THIRD-PARTY BENEFICIARIES. CLIENT and CONSULTANT agree that services performed by CONSULTANT under this Agreement are solely for the benefit of CLIENT, and are not intended by either CLIENT or CONSULTANT to benefit any other person or entity including, but not limited to, the project contractor and/or any of its subcontractors. Any such benefit is purely incidental and such other person will not be deemed a third-party beneficiary of this contract.
31. CLIENT SERVICES AND INFORMATION. The CONSULTANT will be entitled to rely on the accuracy and completeness of services and information furnished by the CLIENT and CLIENT’S consultants. The CONSULTANT will provide prompt written notice to the CLIENT if the CONSULTANT at any time becomes aware of any errors, omissions or inconsistencies in such services or information provided by the CLIENT.
32. ENTIRE AGREEMENT. This Work Authorization (including all other attachments) constitutes the entire agreement of CONSULTANT and CLIENT with respect to its subject matter. There are no private, unwritten understandings or agreements that vary, supplement or detract from the terms of this Work Authorization. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Work Authorization.
33. PERIOD OF LIMITATION OF ACTIONS. As between CLIENT and CONSULTANT, for any claim by CLIENT against CONSULTANT for breach of contract, negligence, or any other cause of action, the time to commence a claim or law suit shall commence from the earlier of (1) the date CLIENT learns of the right to the cause of action or (2) no later than the date of substantial completion of the Project. Thereafter, CLIENT shall have two years to commence arbitration (if the parties agree) or a law suit against CONSULTANT.
Chris Vicencio – CA26985 / NV7836 CLIENT INITIALS: ______
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2019 Hourly Rate Schedule
Partner $235.00 Principal [Architectural or Engineering] $215.00 Associate Principal [Architectural or Engineering] $190.00 Project Manager – Architect $180.00 Senior Architectural Designer $180.00 Structural Engineer – SE $175.00 Senior Architect $165.00 Senior Structural Engineer – PE $160.00 Senior Civil Engineer – PE $160.00 Project Engineer $150.00 Project Architect $150.00 Senior BIM Designer $135.00 Assistant Engineer $130.00 Project Leader | Job Captain $125.00 DSA Closeout Specialist $125.00 Business Manager $115.00 CADD/BIM/Designer $105.00 Marketing $105.00 Office Manager $100.00 Studio Assistant $ 70.00
Reimbursable Expenses cost plus 15% Mileage $0.58 per mile
Rates subject to change annually
Chris Vicencio – CA26985 / NV7836 CLIENT INITIALS: ______
P a g e 5 | 5 Old Airport Master Plan Priority List – as presented to City Council March 13, 2019 Desirable Amenities and Improvements • New &/or improved multi-use trails (bike & hike - no equestrian or motorized vehicles) • Open Space/Keep the forested area • Parking • Interpretive/cultural signs & exhibits • Ornamental landscaping/botanical gardens/Felix Gillet Grove • Emergency ingress/egress • Vegetative Buffers/privacy for neighboring properties (particularly for solar infrastructure) • Solar Infrastructure - needs further study/discussion/information prior to developing a conceptual design in order to determine locational needs of such a facility, dual use opportunities, and ratio of low-profile and raised systems • Public Works space (3-5 acres) • Nisenan Gathering Space - need to clearly define this in terms of size, surfacing, space formality Development/Improvements to Exclude • Formal athletic fields for specific sports • High intensity lighting • Uses that have the potential to generate high-volume traffic • Equestrian or motorized trails • Gathering Building Development/Improvements - Discussion Needed • Picnic tables • Bathrooms • Multi-use field • Gathering Space
Miscellaneous Suggested Items • Community/Cultural Center • Observation deck for astronomy • Dog area • Air soft/paintball • Disc golf • Housing • Amphitheatre • Pond(s) • Firewood Program - with Gold Country Community Services Non-Development Master Plan Elements • Fire Safety • Land Management • Safety: neighbors, emergency exits; traffic • Noise pollution • Road Maintenance • Lease agreements REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Nevada City Film Festival Special Sign Request at Robinson Plaza
RECOMMENDATION: Review and approve the submitted sign request at Robinson Plaza advertising the Nevada City Film Festival.
CONTACT: Catrina Olson, City Manager Dawn Zydonis, Parks and Recreation Manager
BACKGROUND / DISCUSSION: On July 12, 2019 Jesse Locks, Festival Director for the Nevada City Film Festival (NCFF) contacted Catrina Olson, City Manager to inquire as to what the process was to put up a sign in Robinson Plaza to advertise the Nevada City Film Festival. Jesse Locks spoke with the Chamber of Commerce and representatives of the Farmers Market regarding placing the signage, who both were fine with the signage being placed at the Robinson Plaza but suggested she make the request to the City. The City does not currently have a process in place.
Staff recommended she submit a formal request in writing that could be brought forward to Council for approval. August 5, 2019 a formal request was received to allow the Film Festival to put up a special sign in Robinson Plaza that advertises the August 2019 Nevada City Film Festival.
The Nevada City Film Festival (NCFF) was recently recognized by Moviemaker Magazine as one of the top “50 Film Festivals Worth the Entry Fee”.
Every summer, the Nevada City Film Festival makes art into a party, bringing award- winning shorts and feature films from around the world to the historic venues of Nevada City, CA. A four-day celebration of art, music, and independent filmmaking, NCFF includes screenings, workshops, special performances, parties, and a live comedy show.
The request is to assemble a 3-paneled sign measuring 6 feet high x 4 feet wide similar to the sign that was created for the Belonging project (pictured in the attachment). The sign would include the NCFF program guide along with additional information on the festival. The sign would go up upon approval and remain through the festival August 23rd – 30th, taken down August 31st.
Staff is seeking City Council approval for the attached request.
FISCAL IMPACT: None.
ATTACHMENT: Nevada City Film Festival Sign Request at Robinson Plaza Special Sign Request for Robinson Plaza Nevada City Film Festival – August 2019
Dear Catrina,
The Nevada City Film Festival would like to assemble a 3-paneled sign in Robinson Plaza measuring 6 feet high x 4 feet wide, similar to the sign that was created for the Belonging project (see below). This sign would include the Nevada City Film Festival program guide along with additional information on the festival. The sign would go up mid August and remain through the festival August 23-30 and be taken down Saturday, August 31.
Please let me know if you have any questions or need any additional information.
Thank you,
Jesse Locks Festival Director Nevada City Film Festival (916) 548-7716 REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: A Resolution of the League of California Cities Calling on the California Public Utilities Commission to Amend Rule 20A to Add Projects in Very High Fire Hazard Severity Zones to the List of Eligibility Criteria and to Increase Funding Allocations for Rule 20A Projects RECOMMENDATION: 1. Pass Resolution 2019-XX, a Resolution of the League of California Cities Calling on the California Public Utilities Commission to Amend Rule 20A to add Projects in Very High Fire Hazard Severity Zones to the List of Eligibility Criteria and to Increase Funding Allocations for Rule 20A Projects and authorize the Mayor to sign for submission to the California League of Cities.
2. Authorize the Mayor to sign the attached letter of support and submit to the California League of Cities. CONTACT: Catrina Olson, City Manager
BACKGROUND/DISCUSSION: On July 18, 2019 Catrina Olson, City Manager received an email from the City Manager’s Office of City of Rancho Palos Verdes. The email was sent to cities that have been impacted by wildfires or have significant populations in fire-prone areas in an effort to gain support for a proposed resolution that the City plans to submit to the League of California Cities for consideration at the annual conference in October.
Across the state, some of the most destructive and deadly wildfires were sparked by power equipment. When it comes to undergrounding overhead utilities, fire safety is not taken into account when considering using ratepayer funds to pay for these projects under California’s Electric Tariff Rule 20 program. The program was largely intended to address visual blight when it was implemented in 1967. Under Rule 20A, utilities must allocate ratepayer funds to undergrounding conversion projects chosen by local governments that have a public benefit and meet one or more of the following criteria:
Eliminate an unusually heavy concentration of overhead lines; Involve a street or road with a high volume of public traffic; Benefit a civic or public recreation area or area of unusual scenic interest; and, Be listed as an arterial street or major collector as defined in the Governor’s Office of Planning and Research (OPR) Guidelines.
The City of Rancho Palos Verdes proposed Resolution calls on the California Public Utilities Commission (CPUC) to amend Rule 20A to add projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. The Resolution also calls on the CPUC to increase funding allocations for Rule 20A projects to make more of them
possible. It is worth noting that the state does have a program that factors in fire safety for funding undergrounding projects, Rule 20D, however, this is limited to San Diego Gas & Electric Company projects in certain areas.
The League of California Cities requires concurrence from at least five other cities for a conference Resolution to be considered at the annual conference. This request asks the City to lend its support.
Staff has reviewed the Resolution, letter of support and background information, believe this to be a positive effort, and are seeking City Council interest in approving supporting the City of Rancho Palos Verdes Resolution submission to the League of Cities.
ENVIRONMENTAL CONSIDERATIONS: Not applicable.
FISCAL IMPACT: Not applicable.
ATTACHMENT: Resolution 2019-XX, a Resolution of the League of California Cities Calling on the California Public Utilities Commission to Amend Rule 20A to Add Projects in Very High Fire Hazard Severity Zones to the List of Eligibility Criteria to Increase Funding Allocations for Rule 20A Projects Background information from the City of Rancho Palos Verdes Letter of Support
RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES CALLING ON THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO AMEND RULE 20A TO ADD PROJECTS IN VERY HIGH FIRE HAZARD SEVERITY ZONES TO THE LIST OF ELIGIBILITY CRITERIA AND TO INCREASE FUNDING ALLOCATIONS FOR RULE 20A PROJECTS
WHEREAS, the California Public Utilities Commission regulates the undergrounding conversion of overhead utilities under Electric Tariff Rule 20 and;
WHEREAS, conversion projects deemed to have a public benefit are eligible to be funded by ratepayers under Rule 20A; and
WHEREAS, the criteria under Rule 20A largely restricts eligible projects to those along streets with high volumes of public traffic; and
WHEREAS, the cost of undergrounding projects that do not meet Rule 20A criteria is left mostly or entirely to property owners under other parts of Rule 20; and
WHEREAS, California is experiencing fire seasons of worsening severity; and
WHEREAS, undergrounding overhead utilities that can spark brush fires is an important tool in preventing them and offers a public benefit; and
WHEREAS, brush fires are not restricted to starting near streets with high volumes of public traffic; and
WHEREAS, expanding Rule 20A criteria to include Very High Fire Hazard Severity Zones would facilitate undergrounding projects that would help prevent fires; and
WHEREAS, expanding Rule 20A criteria as described above and increasing funding allocations for Rule 20A projects would lead to more undergrounding in Very High Fire Hazard Severity Zones; and now therefore let it be,
NOW, THEREFORE, BE IT RESOLVED that by adoption of this resolution on October 18, 2019, the General Assembly of the League of California Cities, assembled in Long Beach, calls on the California Public Utilities Commission to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility and to increase funding allocations for Rule 20A projects.
AYES:
NOES:
ABSTAIN:
ABSENT:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
Jan Arbuckle, President League of California Cities 1400 K St., Ste. 400 Sacramento, CA 95814
Dear President Arbuckle:
The City of Nevada City supports the City of Rancho Palos Verdes’ effort to bring a resolution for consideration by the General Assembly at the League’s 2019 Annual Conference in Long Beach.
Undergrounding power lines is an important tool in preventing destructive wildfires that have devastated communities across our state. But California’s Rule 20A program, which allows local governments to pay for these costly projects with ratepayer funds, does not factor in fire safety for eligibility. Unless projects meet the program’s limited eligibility criteria, they are left to be funded by property owners who are proactive, willing and able to foot the bill. We believe Rule 20A offers an important opportunity for fire prevention and that the California Public Utilities Commission (CPUC) should expand this program so more communities can utilize it.
The resolution calls on the CPUC to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the resolution also calls on the CPUC to increase funding allocations for Rule 20A projects.
The City of Nevada City would also like to add that the local agency be given the power to use private firms to do design, inspect and construct Rule 20A projects in local jurisdiction rather than be required to use the designated local utility. In addition, the City of Nevada City wants the CPUC to allow local jurisdictions to transfer excess funds between agencies to better serve projects in high fire hazard severity zones.
The resolution is also in line with one of the League’s 2019 Strategic Goals of improving disaster preparedness, recovery and climate resiliency.
For these reasons, we concur that the resolution should go before the General Assembly.
Sincerely,
Reinette Senum Mayor City of Nevada City Background
Source: City of Rancho Palos Verdes
Rancho Palos Verdes is the most populated California city to have 90 percent or more of residents living in a Cal Fire-designated Very High Fire Hazard Severity Zone. Over the years, the Palos Verdes Peninsula has seen numerous brush fires that were determined to be caused by electrical utility equipment.
Across the state, some of the most destructive and deadly wildfires were sparked by power equipment. But when it comes to undergrounding overhead utilities, fire safety is not taken into account when considering using ratepayer funds to pay for these projects under California’s Electric Tariff Rule 20 program. The program was largely intended to address visual blight when it was implemented in 1967. Under Rule 20A, utilities must allocate ratepayer funds to undergrounding conversion projects chosen by local governments that have a public benefit and meet one or more of the following criteria:
• Eliminate an unusually heavy concentration of overhead lines; • Involve a street or road with a high volume of public traffic; • Benefit a civic or public recreation area or area of unusual scenic interest; and, • Be listed as an arterial street or major collector as defined in the Governor’s Office of Planning and Research (OPR) Guidelines.
As we know, brush fires are not restricted to erupting in these limited areas. California’s fire season has worsened in severity in recent years, claiming dozens of lives and destroying tens of thousands of structures in 2018 alone.
Excluding fire safety from Rule 20A eligibility criteria puts the task of undergrounding power lines in Very High Fire Hazard Severity Zones squarely on property owners who are proactive, willing and able to foot the bill.
The proposed resolution calls on the California Public Utilities Commission to amend Rule 20A to include projects in Very High Fire Hazard Severity Zones to the list of criteria for eligibility. To facilitate more undergrounding projects in these high-risk zones, the proposed resolution also calls on the CPUC to increase funding allocations for Rule 20A projects.
If adopted, utilities will be incentivized to prioritize undergrounding projects that could potentially save millions of dollars and many lives.
REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: Request for Partnership Between Sierra Streams Institute and the City of Nevada City
RECOMMENDATION: Consider the request for partnership from Sierra Streams Institute for City funding support for a Grant Writer to prepare an application to the North American Partnership for Environmental Community Action’s (NAPECA) grant for up to $125,000.
CONTACT: Catrina Olson, City Manager
BACKGROUND / DISCUSSION: Sierra Streams would like to partner with the City of Nevada City in hiring a grant writer to apply for the North American Partnership for Environmental Community Action's (NAPECA), "Helping Your Community Adapt to Extreme Events” grant for up to $125,000. Proposals are due by September 6th, 2019 for projects to start November 2019. The professional grant writer could cost up to $5,000. Sierra Streams would be responsible for half of the grant writing fees, $2,500, and overseeing the grant application.
Sierra Streams would be the lead on the project with a focus on training and hiring person(s) that are from the economically disadvantaged population of Nevada County for the Restoration Rangers program The program would continue work undertaken by the Goat Fund Me Nevada City Prescriptive Grazing. Focus would be on the continued mitigation and additional restoration of the city-owned properties such as Hirschman Pond, Pioneer Park, and Deer Creek.
The NAPECA grant process will support projects that: 1. Focus on enhancing your community’s ability to prepare, respond and adapt to extreme events. The community work may be able to benefit from CEC’s work on extreme events or contribute community expertise and best practices in preparedness, response and resilience to enhance the CEC work on this topic across North America; 2. Include a complete implementation plan that identifies actors, actions, beneficiaries , goals, measurable objectives and results; 3. Achieve tangible and measurable positive environmental results whether such results benefit species, ecosystems, sustainable development or community preparedness/resilience. Results must occur within the timeframe of NAPECA support; 4. May be replicable and/or scalable in other communities or regions; 5. Create formal or informal partnerships or collaborations among relevant stakeholders, such as the different levels of government , local or indigenous communities, academia, non-governmental organizations, and private sector within the North American region 6. Leverage other resources to achieve greater impact, replicability and sustainability of the project and its results; and 7. Are presented on time and through the established process.
Project types can include, but are not limited to, capacity building, pilot projects, transfer of innovative technologies, conducting outreach or education, sharing best practices, communication and preparedness/response process improvements, training environmental and community leaders, engaging youth on environmental activities, reducing risks to the environment.
Grant LINK: http://www.cec.org/our-work/napeca
FISCAL IMPACT: The $2,500 (maximum) funding would come from the Parks & Recreation open space budget for 2019/2020 with the possibility of use of donation funds from the “Goat Fund Me” project.
ATTACHMENT: None REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City CA 95959 AUGUST 14, 2019 www.nevadacityca.gov ______
TITLE: An Ordinance of the City of Nevada City Amending Chapter 9.22 of Title 9 and Chapter 17.142 of Title 17 of the Nevada City Municipal Code Relating to Cannabis Businesses that Use or Produce Hazardous Materials
RECOMMENDATION: Hold a Public Hearing and introduce by title only, and waive full reading of the Ordinance, for first reading of an Ordinance amending chapter 9.22 of title 9 and chapter 17.142 of Title 17 of the Nevada City Municipal Code relating to cannabis businesses that use or produce hazardous materials.
CONTACT: Chad Ellis, Police Lieutenant Amy Wolfson, City Planner
BACKGROUND / DISCUSSION: At the January 9, 2019 City Council Meeting staff presented a staff report outlining concern regarding those cannabis business operators that utilize solvents or otherwise produce hazardous material as part of their business operations. As currently adopted, the existing Ordinance regulating Cannabis business does not have any additional provisions for those businesses that use or produce hazardous material. The hazardous nature of such material should be considered when evaluating these businesses and their impacts on nearby sensitive uses (such as schools and residences) and their potential impact on the City sewer system
At that meeting, Council directed staff to hold a public workshop to discuss the hazards associated with these materials/substances in order to better evaluate the needs of the City. On March 28, 2019, staff organized a panel discussion workshop with representatives of the County Environmental Health Department, the Building Department, the City Fire Chief and from Emergency Fire Systems, the City’s consultant tasked with review of Cannabis business improvement plans. Staff also requested information from the State Department of Public Health, Manufactured Cannabis Safety Branch. With input from the public workshop, staff drafted an Ordinance for the regulation of Cannabis Businesses and that use or produce hazardous material.
PROPOSED ORDINANCE: The proposed Ordinance is intended to provide requirements that would minimize adverse impacts associated with these business types. The Ordinance amendment would add a section of the code applicable to those businesses that use or produce hazardous materials as defined by the State and in large enough quantities that additional conditions are warranted for public safety. It also imposes a proximity limit of 600-feet for schools. It should be noted that staff is currently reviewing a Cannabis Manufacturing Business Application proposing to use a volatile solvent in its business operations that is in a proposed facility located approximately 300-feet from an existing school. Staff recommends that this business application be allowed to continue through the process at the proposed location, but include the testing and conditions as required by the draft Ordinance.
Staff is also taking advantage of the Ordinance amendment with some “clean-up” language whereby “medical” terminology has remained after the “Adult-Use” amendment went into effect and in an instance whereby a seemingly unnecessary aspect of the renewal process is proposed to be removed from the Ordinance language.
PLANNING COMMISSION RECOMMENDATION: At their meeting held on July 18, 2019, the Nevada City Planning Commission heard the matter and recommended that the City Council adopt the Ordinance amendment with some minor edits, but no substantive changes. These edits have been made in the draft Ordinance attached to this report. The Planning Commission went on to indicate that the requirements do not appear to be over burdensome
FISCAL IMPACT: None.
ATTACHMENTS: Resolution 2019-XX, a Resolution of the City Council of the City of Nevada City, State of California, Recommending Approval of an NOE pursuant to CEQA Guidelines §15061 (b)(3)- includes exhibit Draft Ordinance No. 2019-XX, an Ordinance of the City of Nevada City Amending Chapter 9.22 of Title 9 and Chapter 17.142 of Title 17 of the Nevada City Municipal Code Relating to Cannabis Businesses that Use or Produce Hazardous Materials
RESOLUTION 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, RECOMMENDING APPROVAL OF A NOTICE OF EXEMPTION
(AN ORDINANCE OF THE CITY OF NEVADA CITY AMENDING CHAPTER 9.22 OF TITLE 9 AND CHAPTER 17.142 OF TITLE 17 OF THE NEVADA CITY MUNICIPAL CODE RELATING TO CANNABIS BUSINESSES THAT USE OR PRODUCE HAZARDOUS MATERIALS)
WHEREAS, City staff and the Planning Commission have reviewed the Ordinance amending chapter 9.22 of title 9 and chapter 17.142 of Title 17 of the Nevada City Municipal Code relating to cannabis businesses that use or produce hazardous materials (“Project”) and determined that it is exempt from review under the California Environmental Quality Act pursuant to Title 14, Chapter 3, California Code of Regulations: CEQA Guidelines Section 15061 (b)(3) – Activity is not subject to CEQA because there is no possibility the Ordinance will have a significant effect on the environment; and the activities permitted under the Ordinance are consistent with and implement the goals and policies of the Nevada City General Plan
WHEREAS, a Notice of Exemption has been prepared for the Project, attached as Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City as follows:
Section 1. With review and recommendation of Staff and the Planning Commission, the City Council of the City of Nevada City finds that the Project is exempt from review under the California Environmental Quality Act.
Section 2. A Notice of Exemption is recommended for approval for the Project.
Section 3. Upon approval of the Project by the City Council, the City Clerk may file the Notice of Exemption with the County Clerk of Nevada County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Nevada City at a public meeting held on the 28th of August, 2019.
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk Exhibit A Resolution No. 2019-XX
NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City of Nevada City 1400 Tenth Street 317 Broad Street Sacramento, CA 95814 Nevada City, CA 95959
Nevada County Clerk/Recorder’s Office Environmental Filings Eric W. Rood Administrative Center 950 Maidu Avenue, Nevada City CA 95959
Project Title: AN ORDINANCE OF THE CITY OF NEVADA CITY AMENDING CHAPTER 9.22 OF TITLE 9 AND CHAPTER 17.142 OF TITLE 17 OF THE NEVADA CITY MUNICIPAL CODE RELATING TO CANNABIS BUSINESSES THAT USE OR PRODUCE HAZARDOUS MATERIALS
Project Address: 317 Broad Street, Nevada City, California 95959
Project Location – City: City of Nevada City Project Location – County: Nevada
Project Description: An Ordinance amending chapter 9.22 of title 9 and chapter 17.142 of Title 17 of the Nevada City Municipal Code relating to cannabis businesses that use or produce hazardous materials
Name of Public Agency Approving Project: City of Nevada City
Name of Person or Agency Carrying Out Project: City of Nevada City
Exempt Status: (Check One) Ministerial (Section 21080(b)(1); 15268); Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269(b)(c)); X “Common Sense” Exception (Section 15061(b)(3)) Categorical Exemption. Type and section numbers: 15183, 15301, 15303 Statutory Exemptions. State code number:
Reasons why project is exempt: Adoption of the Ordinance Amendment may be considered exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3) because the proposed Ordinance will allow for the permitting and regulation of cannabis businesses that use or produce hazardous materials in order to minimize adverse impacts to public safety and welfare.
Lead Agency Contact Person: Amy Wolfson, City Planner Number: 530-265-2496x130
Signature & Title: Date:
Signed by Lead Agency Signed by Applicant Date received for filing: ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY OF NEVADA CITY AMENDING CHAPTER 9.22 OF TITLE 9 AND CHAPTER 17 AND CHAPTER 17.142 OF TITLE 17 OF THE NEVADA CITY MUNICIPAL CODE RELATING TO CANNABIS BUSINESSES THAT USE OR PRODUCE HAZARDOUS MATERIALS
WHEREAS, the City Council passed and adopted Ordinance No. 2018-10 on December 12, 2018, comprehensively re-enacting Chapter 9.22 to allow adult use cannabis businesses in addition to the medical-only businesses previously allowed; and
WHEREAS, some areas of the Ordinance still mistakenly refer to “medical” businesses after the medical-only restriction on cannabis businesses has been removed and needs to be cleaned up.
WHEREAS, additional regulations on businesses that produce or use hazardous material are necessary to protect public safety and welfare
NOW THEREFORE, The City Council of the City of Nevada City does ordain as follows: …
SECTION I Chapter 9.22 of Title 9 of the Nevada City Municipal Code is hereby amended as follows:
9.22.050 - Application for Cannabis Business Permit: Renewal Applications; and Effect of Revocation or Suspension of State License. …
E. Renewal Applications.
4. An application for renewal of a cannabis business permit shall be rejected if any of the following exists:
a. The application is filed less than sixty (60) days before its expiration.
b. The cannabis business permit is suspended or revoked at the time of the application.
c.. The cannabis business has failed to conform to the requirements of this Chapter, or of any regulations adopted pursuant to this Chapter as existing at the time the original permit was issued, including separation of the location from sensitive uses.
d. The permittee fails or is unable to renew its State of California license.
e If the City or state has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this Chapter, or the City's Municipal Code as existing at the time the original permit was issued, including separation of the location from sensitive uses, or of the state rules and regulations, and the City or state has determined that the violation is grounds for termination or revocation of the cannabis business permit.
SECTION II Chapter 9.22 of Title 9 of the Nevada City Municipal Code is hereby amended as follows:
9.22.125 – Additional Requirements for Cannabis Manufacturing Businesses that utilize or produce hazardous materials, including those defined by the State as volatile solvents and ethanol.
A. Definitions:
1. Hazardous Material: Public Resources Code Section 40141as it now exists or may subsequently be amended; namely, a waste or combination of wastes which, because of its quantity, concentration, toxicity, or physical, chemical or infectious characteristics, may do either of the following: (1) cause or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; (2) pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” includes extremely hazardous waste and acutely hazardous waste, and any other waste as may hereafter from time to time be designated as hazardous by the Environmental Protection Agency (“EPA”) or other agency of the United States government, or by the California legislature or any agency of the state of California empowered by law to classify or designate waste as hazardous, extremely hazardous or acutely hazardous with the exceptions as outlined in subsection B.1.
B. In addition to the provisions requirements outlined in Chapter 9.22.120, applicable to all cannabis manufacturing businesses, the following provisions are required for those manufacturing businesses that either use or produce hazardous materials defined as hazardous by and in the quantities specified below.
1. The following Quantities of hazardous waste are exempt from these provisions: Any use handling in aggregate less than five hundred pounds, fifty-five gallons or two hundred cubic feet in gaseous state at standard temperature and pressure a year, whichever is the lesser of a hazardous material. The exemption of this subsection shall not apply to the using or handling of carcinogens except to the extent that such carcinogens are handled or used solely for personal purposes, nor shall it apply to the using or handling of viral, bacterial or other biological agents, including genetically altered organisms, which may pose health risks
2. Applicant shall comply with all applicable Building and Fire requirements to the satisfaction of the Building Official and the Chief of the Nevada City Fire Department, including, but not limited to, testing requirements and installation of a NFPA recognized and compliant automatic fire suppression sprinkler system appropriate to the use as required in Section 8.30.010 of the Nevada City Municipal Code, the California Fire Code or the Chief of the Nevada City Fire Department. Prior to City’s issuance of permanent certificate of occupancy, applicant shall conduct a wind tunnel test by a qualified third party to show compliance with safety requirements and shall comply with all applicable Building and Fire requirements to the satisfaction of the Building Official and the Chief of the Nevada City Fire Department, including, but not limited to, testing requirements and installation of a NFPA recognized and compliant automatic fire suppression sprinkler system appropriate to the use as required in Section 8.30.010 of the Nevada City Municipal Code, the California Fire Code or the Chief of the Nevada City Fire Department.
3. Prior to issuance of permits, the applicant shall obtain approval from the Northern Sierra Air Quality Management District (NSAQMD) and comply with NSAQMD requirements, if NSAQMD approval is required.
4. Prior to consideration at a public meeting, the application shall include a wastewater discharge protocol and prior to issuance of a Cannabis business permit the applicant shall obtain approval from the City Engineer and comply with the conditions of a wastewater discharge permit, if a permit is required.
5. Prior to City’s issuance of permanent certificate of occupancy, the applicant shall notify and comply with Nevada County Environmental Health requirements, if any.
6. Prior to consideration at a public meeting, the application shall include employee training manuals/protocols for any specialized equipment that involves use of a hazardous material or that produces hazardous waste.
7. Prior to consideration at a public meeting, the application shall include an equipment maintenance schedule for any specialized equipment that involves use of a hazardous material or that produces hazardous waste.
8. Prior to consideration at a public meeting the application shall include a Hazardous Materials Inventory Statement (HMIS)
SECTION III: Chapter 17.142 of Title 17 of the Nevada City Municipal Code is hereby amended as follows:
17.142.040 – Location of Cannabis Businesses – Other than Dispensaries.
A. Cannabis businesses, other than dispensaries, including cannabis cultivation, manufacturing, distribution, transporting, and testing laboratory businesses shall be permitted in the Light Industrial (L1) zones only. Where it can be established that infrastructure improvement expenditures to comply with the special requirements for other cannabis businesses to secure the initial permit were in excess of Twenty-Five Thousand Dollars ($25,000.00), the requirements of Chapter 9.22, or of any regulations adopted pursuant to Chapter 9.22, as they existed for the original permit, including separation of the location from sensitive uses, shall continue in the same force and effect for subsequent permits for the same use at the same location unless the location is found to be a nuisance which cannot reasonably and feasibly be cured to maintain the public health, safety, and welfare of the residents of the City.
B. Cannabis cultivation businesses may not be located within six hundred (600) feet of a school that is in existence at the time the initial cannabis cultivation permit is issued as required by California Health and Safety Code Section 11362.768."
C. Cannabis businesses that utilize hazardous materials or produce hazardous waste above quantities outlined in section 9.22.125(B) may not be located within six hundred (600) feet of a school that is in existence at the time the initial medical cannabis business permit is issued.
SECTION IV:
This Ordinance shall become effective 30 days after its final adoption and a copy of this ordinance shall be published in The Union, a newspaper of general circulation, within fifteen (15) days of the date of its passage.
PASSED AND ADOPTED this 28th day of August 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
REPORT TO CITY COUNCIL City of Nevada City 317 Broad Street Nevada City, CA 95959 August 14, 2019 www.nevadacityca.gov ______
TITLE: An Ordinance of the City of Nevada City Amending Subsection B of Section 8.04.030 of Chapter 8.04 and Section 8.10.050 of Chapter 8.10 of the Nevada City Municipal Code Clarifying Authority of Fire Chief in Abatement Procedures for Fire Hazard Nuisances and Enforcement Thereof
RECOMMENDATION: Review and consider, waive reading of Ordinance, read title only and introduce for second reading and final adoption of the Ordinance.
CONTACT: Mark Buttron, Fire Chief Sam Goodspeed, Division Chief
BACKGROUND / DISCUSSION: As noted earlier this year in the staff reports accompanying adoption of Ordinance 2019-03, recent fires have highlighted the vulnerability of the community to wildfire and the need for a progressive, proactive vegetation management program to mitigate, to the extent possible, exposure to damaging fire upon improved and unimproved parcels in the City. Such a program was adopted by adding new Chapter 8.10. Chapter 8.10 establishing vegetation management, debris removal and abatement regulations including enforcement provisions..
However, in preparing notices and orders to abate fire hazards complained of and verified by the Fire Department, it was noted that the language in Chapter 8.04 on Nuisances on abatement procedures (Section 8.04.030), appeals (Section 8.04.035.B), procedures for conduct of hearing appeals and enforcement of order (Section 8.04.C and D), and enforcement authority (Section 8.04.040), specifies the Chief of Police as the City official with the duty and authority to notice and enforce nuisance violations other than dangerous buildings. In the case of fire hazards, the Fire Chief is better trained, experienced and qualified to make violation determinations and abatement orders and determine compliance. It is desirable and prudent to amend Section 8.10.050 on abatement procedures for reducing fire hazards and nuisances to make it clear that the fire chief has the same authority with regard to fire hazards as the chief of police has for other nuisances to remove any question as to his authority to act.
Incidentally, in reviewing Chapter 8.04 Nuisances, I noted that Subsection B of Section 8.04.030 erroneously referred to “Section 8.04.035(B)” when it should have referenced “Section 8.04.035.B. This can be corrected in the same amendment.
Staff recommends that Council consider a standard ordinance, adopted after first and second readings, which will take effect 30 days after adoption.
ENVIRONMENTAL CONSIDERATIONS: Will reduce fire-prone fuels within the City of Nevada City.
FISCAL IMPACT: Not applicable.
ATTACHMENTS: Proposed Ordinance Amendment to Subsection B of Section 8.04.030 of Chapter 8.04 and Section 8.10.050 of Chapter 8.10 of the Nevada City Municipal Code Clarifying Authority of Fire Chief in Abatement Procedures for Fire Hazard Nuisances and Enforcement Thereof
ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY OF NEVADA CITY AMENDING SUBSECTION B OF SECTION 8.04.030 OF CHAPTER 8.04 AND SECTION 8.10.050 OF CHAPTER 8.10 OF THE NEVADA CITY MUNICIPAL CODE CLARIFYING AUTHORITY OF FIRE CHIEF IN ABATEMENT PROCEDURES FOR FIRE HAZARD NUISANCES AND ENFORCEMENT THEREOF
WHEREAS, fire protection and control have become ongoing and increasing concerns of the public in view of the disastrous fire in recent years making vegetation control vital in preventing and limiting the effects of wildfires; and
WHEREAS, the City of Nevada City has entered into an agreement with the adjacent City of Grass Valley for shared management and administrative services making it even more desirable and convenient coordinate the fire control regulations in the two jurisdictions; and
WHEREAS, the City of Nevada City on March 27, 2019 adopted Ordinance No. 2019-03 to add vegetation management, debris removal and abatement regulations in Chapter 8.10 that were similar to those applicable in Grass Valley for uniformity and safety of tis citizens. However, it appears that in providing for appeals and enforcement by referring to existing nuisance abatement procedures in Chapter 8.04 it may not have been clear that the Fire Chief had the duties and powers for abatement of fire hazards and enforcement that were given the chief of police for other nuisances under the language of Chapter 8.04. This amendment is necessary to clarify those power and duties related to abatement procedures for fire hazards and enforcement thereof.
THEREFORE, BE IT ORDAINED by the City Council of the City of Nevada City as follows:
SECTION I:
The Code Section reference in Subsection B of Section 8.04.030 is corrected from “Section 8.04.035(B)” to “Section 8.04.035.B”.
SECTION II:
Section 8.10.050 of Chapter 8.10 of the Nevada City Municipal Code is hereby amended to read as follows:
“8.10.050 Abatement Procedures In order to reduce fire hazards and nuisances associated with weeds, other flammable vegetation, refuse piles, and/or combustible materials upon or in front of private property, improved or unimproved, all of the abatement, appeal and enforcement procedures available for nuisances, pursuant to Chapter 8.04 of this Code shall be applicable to fire hazards as determined by the fire chief of the city, or his authorized representative, who shall have the same duties, power and authority for abatement of fire hazard nuisances as that accorded in Chapter 8.04 to the chief of police for other nuisances, including without limitation abatement procedures (Section 8.04.030), appeals (Section 8.04.035.B), procedures for conduct of hearing appeals and enforcement of order (Subsections C and D of Section 8.04.035), and enforcement authority (Section 8.04.040). Such procedures may include requiring abatement of fire hazards throughout the city, entering upon private property and performing abatement where the private property owner does not abate. The cost of such abatement will be assessed upon the nuisance property under Chapter 8.04 of this code and such costs will constitute a lien upon the land until paid and will be collected upon the next tax roll upon which real property taxes are collected if not paid sooner.”
SECTION III:
STATUTORY CONSTRUCTION & SEVERABILITY: It is the intent of the City Council of the City of Nevada City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Nevada City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION IV:
CEQA EXEMPTION: The City Council finds and declares that this Ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the general rule exemption set forth in subsections (b) (3) of the CEQA Guidelines.
SECTION V:
This Ordinance shall become effective thirty (30) days after the adoption date thereof and within fifteen (15) days of the passage of this Ordinance, the City Clerk shall publish this Ordinance in The Union, a newspaper of general circulation.
PASSED AND ADOPTED this ___ day of ______, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______Reinette Senum, Mayor ATTEST:
______Niel Locke, City Clerk
Catrina Olson
From: Miriam Morris
Please include my letter in "correspondence" attached to the agenda packet so the public can see it.
Thank you.
Dear Councilmembers, City Manager, and Police Chief of Nevada City,
I was excited to see in Nevada City’s July newsletter that the “Zero Tolerance” smoking enforcement plan was initiated. I am now not so excited because the reality seems to be that the smoking enforcement pilot project is something that exists on paper only. I never see the new Community Service Officers on the streets talking to smokers. I never see the Community Service Officers at all. Meanwhile, smokers are telling those who ask that the police tell them it is okay to smoke on the bench by the Chamber of Commerce. Both a Three Forks employee and a Post Office employee think this is true and smoke there currently. Just today, a postal employee told me the bench was a city designated smoking area. This past Sunday morning, there was a whole group in Calanan Park smoking cannabis. A family briefly lingered nearby and quickly left due to the smoke. Even the Jehovah Witnesses moved to the other side of the park. Why does no one call the police? Let’s look at that. I imagine the family didn’t want to get involved and it’s easier just to leave the park. The Witnesses don’t ever call police because Jehovah is the authority and will mete out justice. I talked with the smokers about finding somewhere else to smoke and got verbally abused. Why do I not call the police? Because I do not think the police feel smoking, whatever the substance, worthy of their time. Truthfully, with the exception of one officer who now works the night shift, I do not feel any support from the police department and haven’t since the time Chief Wickham left. This is a problem, don't you think?
It is interesting to me that people turn a blind eye to the toxic waste thrown onto the City’s streets and trails. We are an environmentally aware community that supposedly encourages healthy living. The toxic residue from smoking is something we can do something about, but because the perpetrators are 90% selfish, unconscious people, they need something more than friendly reminders to get them to stop littering. Think about it. If you had hundreds of people pouring shot‐glassfuls of pesticides into the gutters, wouldn’t you do something immediately? This is what is happening. Cigarette butts are highly toxic. If you had people spraying insecticides into others’ faces in public, wouldn’t you stop them? Of course. But because smoking is seen as something akin to drinking a cup of coffee, or a personal liberty, people accept it. It’s not benign. It’s not just a nuisance. It’s poison. That to me is worthy of police intervention. If no one is going to take action, maybe the city should post Prop. 65 cancer warnings throughout town.
Sincerely,
Miriam Morris
Nevada City, CA
1 CITY MANAGER’S UPDATE AUGUST 9, 2019
The City of Nevada City is working hard on a variety of projects and activities to serve the community. This correspondence provides the City Council and citizens with a periodic update on citywide activities and events.
~ Catrina Olson, City Manager
KUDOS
The 1984 Golden ‘Pan’ Awards Mayor Senum opened the “can of worms” on this one. The 1984 Nevada Union Gold ‘Pan’ awards had two very familiar Nevada City names. Congratulations to Reinette Senum (Mayor) being name the senior year female CLASS CLOWN! Don’t forget Sam Goodspeed most likely to “be a playgirl hunk” Has much changed in 35 years???
Children’s Festival Good job Vice Mayor Minett for your volunteer efforts at the 2019 Children’s Festival.
National Hotel and Main Street Sidewalks Thanks to the diligent efforts of City Engineer, Bryan McAlister, Consulting Engineer, Bill Falconi and the Department of Public Works crew, the sidewalks are done. They look AWESOME. Your hard work paid off.
National Night Out Congratulations to all of the men in blue (Police and Fire) for a successful National Night Out. 600 hot dogs and nothing left. Thank you to Mayor Senum, Vice Mayor Minett and Council Member Moberg for your attendance and support.
Proposition 68 Grant Thanks to the very diligent efforts of Parks & Recreation Manager, Dawn Zydonis, City Engineer, Bryan McAlister, and City Planner, Amy Wolfson the grant application was completed and submitted on August 5, 2019. KEEP YOUR FINGERS CROSSED FOR $3 million in grant funding for Pioneer Park.
COMPLETED AND ONGOING CITY PROJECTS
Fire mitigation and vegetation clean-up Heavy work is being done at the Old Airport. Division Chief Goodspeed and the Washington Ridge crew have made it ½ around the perimeter of the property 50 ft. – 150 ft. in.
Fire Department Activity The Fire Department is currently working with the Nevada County Defensible Space inspectors identifying properties in the County that surround the City that require abatement. The Fire Department is continuing to inspect and send out abatement for fire mitigation. The Fire Department noted they are getting “decent” response/compliance to the abatement letters.
“Goat Fund Me” The goats are at Hirschman’s Pond eating away. Next stop Drummond and Spring Streets.
Dam Inspection The water treatment plant dam was inspected and passed with flying (water) colors.
Unenforced Smoking Areas Pilot Project Signs and receptacles are in…the unenforced smoking area pilot project is in full swing. Contact the City Manager with feedback on the program.
The Old Airport Master Plan Welcome to JK Architecture and Engineering. At the August 14, 2019 meeting City Council will be authorizing the City Manager to sign a contract for this firm.
Cannabis Type 7 Permit/Volatile Manufacturing Ordinance Update City Council will be reviewing Planning Commission recommended regulation updates to the Cannabis Business Ordinance that relate to volatile manufacturing at the August 14, 2019 meeting.
Final adoption of the updated Vegetation Management Ordinance – August 14, 2019
Sugarloaf CEQA The Sugarloaf Trail initial study received comment and will be headed to the Planning Commission at their August 15, 2019 meeting.
Cottage Dwelling Ordinance Workshop Planning Commission continued this item at the last meeting. It will be discussed at the August 15, 2019 meeting.
Expansion of the City’s Telecom Ordinance Planning Commission will be reviewing the draft Citywide Telecom Ordinance at the August 15, 2019 meeting.
Annexation The City Council discussed a proposed annexation (map) at the City Council meeting on July 23, 2019. Staff was directed to send letters to all property owners that would be included in that annexation. Those letters have gone out and City Planner, Amy Wolfson is receiving input regarding the annexation. Input to go back to City Council for review.
Municipal Code Update Currently Consulting City Attorney, Hal DeGraw is working on an update to the City’s Municipal Code.
Commercial Street One-Way Pilot Project August 5, 2019 the One-Way Pilot Project began. Watch for the one-way and be safe. Reporting back to Council about the project in 2 – 3 months.
UPCOMING CITY PROJECTS
Sign Committee Council Members, Valerie Moberg and Duane Strawser met with City Manager, Catrina Olson, to discuss “sprucing” up and adding new signage in Nevada City. A prior sign committee has completed much of the initial work on “look, feel and placement”. Look for things to come.
Water Treatment Plant Idaho Ditch Diversion Project – August 2019
Old Downieville Waterline Replacement – August 2019
Handrails on Boulder Street – Coming summer 2019 Staff will be including parts of sidewalks in the Zion Street area.
Painting at the Railroad Museum – Coming summer 2019
Picnic Area Bathroom Remodel – Coming November 2019
Water/Wastewater Underground Utility Replacement at Commercial Street - Fall 2019
Community Development Block Grant (CDBG) Curb Cuts for American Disabilities Act (ADA) – Fall 2019
Nevada Street Bridge Rehabilitation – Spring 2020
ADMINISTRATION
Audit Time It’s Finance and Administrations favorite time of year. Audit work is well under way in coordination with R.J. Ricciardi, Inc. – the City’s new audit firm.
Website Refresh City Manager, Catrina Olson, Administrative Services Manager, Loree’ McCay, and Parks and Recreation Manager, Dawn Zydonis, will be working with MunicipalCMS, LLC. on an update and “refresh” to the Nevada City website.
Wastewater Grant Funding Chief Plant Operator, Kevin Timms and City Engineer, Bryan McAlister attended a grant training workshop. Good information came back to the City on how the City can use the “State Revolving Fund” to fund capital improvement needs at the plant.
Homelessness Training Chief Ellis attended a homelessness training in San Diego paid for by grant funding secured through the Hospitality House Wednesday through Friday this week. More to come…
Code Compliance The search is underway for a Nevada City Code Compliance Officer.
COMING SOON….
Parking Meter Committee – August 2019 The City and Chamber of Commerce are teaming up to create a 10 person committee to work on parking meter/rate solutions. Update to be provided after the August 19, 2019 Chamber of Commerce Board meeting.
Housing Element Update – September 2019 The California Department of Housing and Community Development has provided initial comments to the City on its’ draft Housing Element. The City Planner, Amy Wolfson and Consulting Planner, Gary Price have responded and resubmitted. The Housing Element update will be going to Council soon for final submission.
Pre-Treatment Discharge Ordinance for Wastewater – September 2019 The City will be looking to setting regulations for discharge related to business/industry that have significant impacts on the Wastewater Treatment Plant. This will help create processing efficiencies for the City’s plant facility. The City has sent letters to heavy commercial dischargers to begin the discussion about mitigating impacts on the Wastewater Treatment Plant.
Nevada County Office of Emergency Services (OES) NC OES and local law enforcement are looking at the possibility of adding “high/low” notification sirens to police emergency vehicles for fire notification. Stay tuned this may be something the City would also like to do with the safety vehicles (Nevada City Police Department vehicles).
Bureau of Land Management (BLM) The City has been notified that BLM will be doing fuel reduction on the land surrounding the Water Treatment Plant with grant funding they have received.
Alpha Building There could be a possible project for the Alpha Building coming soon. City staff has had an initial meeting that provided possible project ideas.
DON’T FORGET AND MISCELLANEOUS INFO
The Bi-Monthly City Newsletter – September The newsletter will be going out with the September 2019 wastewater/water billing – get any information for the newsletter to Parks & Recreation Manager, Dawn Zydonis by the last week in August.
The Firesafe Council The Firesafe Council received a $150k grant from PG&E for community chipping.