Agenda packet, regular meeting, first session — Nevada City City Council, March 9, 2022

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 9 , 2022 5:30 P.M.

CLOSED SESSION—Pursuant to cited authority, the City Council will hold a closed session to discuss the following listed items. A report of any action taken will be presented during the regular meeting.

CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.

A. Public Employee Performance Evaluation (§54957) Title: City Manager WEDNESDAY March 9, 2022 6:30 P.M.

MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small town character and historical architecture while providing quality public services for our current and future residents, businesses and visitors.

Duane Strawser, Mayor
Erin Minett, Council Member Douglas Fleming, Vice Mayor Daniela Fernández, Council Member Gary Petersen, 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.

In order to minimize the spread of COVID-19 virus, Governor Newsom has issued Executive Orders that temporarily suspend requirements of the Brown Act. Please be advised that the Council Chambers are closed to the public and that some or all of the City of Nevada City, City Council Members may attend this meeting telephonically.

To watch City Council Meetings live you have the follow options:

1. Public Television Channel 17

2. City’s website: https://nevadacityca.gov/pview.aspx?id=20797&catid=563

3. Nevada City Public Meetings, YouTube Channel:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ If you wish to comment during Public Comment time or on any item on the agenda, you have the following options:

1. Please click the link below to join the webinar and use the “RAISE HAND” feature at the bottom of your screen:
https://us02web.zoom.us/j/89009138474
Webinar ID: 890 0913 8474

2. Telephone: Dial 1-669-900-9128

3. Email your comments to [email protected] Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above), but will be forwarded to all Council Members prior to the City Council Meeting, so they have time to read them before to the meeting time. When sending an email it is extremely helpful to include the following:
a. Full Name
b. Address (specific or general, ie: resident in unincorporated Nevada City) c. The item number that you are commenting on.

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

PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Strawser
_____ Vice-Mayor Fleming
_____ Councilmember Fernández
_____ Councilmember Minett
_____ Councilmember Petersen
MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Deputy City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.

Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

ADOPTION OF THE AGENDA (This is the time for agenda modifications)

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

PRESENTATIONS
Presentation of Proclamation to the Nevada Theatre for its Continued Work in its Interior Renovation and Support of Local Artisans
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item. At the time it is heard. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council or staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda

1. Action Minutes February 23, 2022 Regular Meeting
Recommended Action: Review and approve

2. Accounts Payable—February 2022
Recommended Action: Receive and file

3. Police Activity Report—February 2022
Recommended Action: Receive and file

4. Building Activity Report—February 2022
Recommended Action: Receive and file

5. Consideration of Adoption of Resolution No. 2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency
Recommended Action: Reconfirm resolution

6. Notification Requirements of Assembly Bill 481 Requiring Military Equipment Use Policy and Submittal of Draft Policy
Recommended Action: Receive and file
CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

PUBLIC HEARINGS:

Notice to the Public:

The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.

Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.

7. Public Hearing On Ordinance No. 2022-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapters 8, 10 and 38 of Title 8 of the City of Nevada City Municipal Code Relating to Fire Control, Vegetation Management, Debris Removal and Abatement, Open Burning and Fireworks Recommended Action: Hold public hearing, waive reading of the ordinance, ready by title only, introduce by title only and schedule for second reading and adoption for March 23, 2022

8. Public Hearing to Adopt Resolutions Approving the 2021/2022-2025/2026 Capital Improvement Program (CIP); Position Allocations for Fiscal Year 2021/2022 and Adopting a Master Compensation Schedule
Recommended Action: Adopt the following resolutions:

Resolution No. 2022-16: A Resolution of the City Council of the City of Nevada City Approving the 2021/2022-2025/2026 Capital Improvement Program Resolution No. 2022- 17: A Resolution of the City Council of the City of Nevada City Approving Position Allocations for Fiscal Year 2021-2022 Resolution No. 2022-18: A Resolution of the City Council of the City of Nevada City Adopting a Master Compensation Schedule

BUSINESS

9. Consideration of Amended Council Policies and Standards Recommended Action: Review and adopt by motion to be effective on adoption

10. Update on Nevada County Courthouse Discussions to Maintain the Courthouse at its Current Location for Historic Preservation and Economic Stability Recommended Action: Hear verbal report with possible direction to staff and Mayor Strawser representing the City on the Judicial Council committee reviewing options for siting of a new county courthouse

11. Consideration of Resolution No. 2022-19: A Resolution of the City Council of the City of Nevada City, California, Celebrating the Success of the 2022 Nevada City Mardi Gras Parade and Fair and Affirming Support for and Commitment to a Just, Equitable, Diverse and Inclusive Nevada City
Recommended Action: Adopt resolution

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
THE MEETING WILL ADJOURN AT 9:30 P.M. UNLESS A DECISION IS MADE BY MOTION OF A COUNCILLMEMBER TO EXTEND THE TIME.

AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-2496 x133.

Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Technician/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the March 9, 2022 Regular Meeting of the Nevada City City Council was posted March 4, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed March 4, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 9 , 2022 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT: Members of the public are entitled to comment on the closed session agenda before the Council proceeds into closed session.

A. Public Employee Performance Evaluation (§54957) Title: City Manager WEDNESDAY March 9, 2022 6:30 P.M.

To watch City Council Meetings live you have the follow options:

1. Public Television Channel 17

2. City’s website: https://nevadacityca.gov/pview.aspx?id=20797&catid=563

1. Please click the link below to join the webinar and use the “RAISE HAND” feature at the bottom of your screen:
https://us02web.zoom.us/j/89009138474
Webinar ID: 890 0913 8474

2. Telephone: Dial 1-669-900-9128

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

ADOPTION OF THE AGENDA (This is the time for agenda modifications)

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

1. Action Minutes February 23, 2022 Regular Meeting
Recommended Action: Review and approve

2. Accounts Payable—February 2022
Recommended Action: Receive and file

3. Police Activity Report—February 2022
Recommended Action: Receive and file

4. Building Activity Report—February 2022
Recommended Action: Receive and file

PUBLIC HEARINGS:

Notice to the Public:

Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.

BUSINESS

9. Consideration of Amended Council Policies and Standards Recommended Action: Review and adopt by motion to be effective on adoption

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
THE MEETING WILL ADJOURN AT 9:30 P.M. UNLESS A DECISION IS MADE BY MOTION OF A COUNCILLMEMBER TO EXTEND THE TIME.

Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

Signed March 4, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk

CITY OF NEVADA CITY

PROCLAMATION OF APPRECIATION

TO NEVADA THEATRE

FOR ITS CONTINUED WORK ON ITS

INTERIOR RENOVATION AND SUPPORT OF LOCAL ARTISANS
WHEREAS, the Nevada Theatre is the oldest, continuously operating theater on the west coast of the United States having opened in 1865; and
WHEREAS, in its over 155 years of history, it has provided the community and its visitors with live performances, music, film and art; and
WHEREAS, the Nevada Theatre is undergoing an interior renovation of restoration and preservation; and
WHEREAS, part of that project features an enchanting and inspiring mural created by local artist Sarah Colman and painted with the assistance of a team of local people including artists Miles Toland and Brianna French; and
WHEREAS, the opportunity to paint the mural occurred during the pandemic allowing the muralists time and access to the building while it was closed to the public; and WHEREAS, the mural spans the entire auditorium of the theatre and celebrates our community—its past, present and future; and
WHEREAS, the mural was painted for the public to enjoy; NOW, THEREFORE, THE CITY COUNCIL of the City of Nevada City does proclaim its appreciation to the Nevada Theatre for its continued dedication to the restoration and preservation of the history it represents and the support and featuring of local artists. It further proclaims its appreciation to artist Sarah Coleman for taking on this project and highlighting the community and for using local artists in the creation of this beautiful artwork.

DATED: February 23, 2022
_________________________________
Duane Strawser
Mayor
THEATRE VENUE ON THE WEST COAST OF THE UNITED STATES.
1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF FEBRUARY 23, 2021
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

CLOSED SESSION –
None
REGULAR MEETING – 6:32 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Strawser, Vice Mayor Fleming, Council Members Minett and Petersen, Fernández
ADOPTION OF THE AGENDA:

Action: Motion by Fernández, seconded by Petersen to adopt the agenda as presented. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández PRESENTATIONS:

Postphoned - Presentation of Proclamation to the Nevada Theatre for its Continued Work in its Interior Renovation and Support of Local Artisans
BUSINESS FROM THE FLOOR:

PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

CONSENT ITEMS:

1. Action Minutes January 12, 2022 Regular Meeting
Recommended Action: Review and approve
2 2. Action Minutes January 26, 2022 Regular Meeting
Recommended Action: Review and approve

3. Action Minutes February 9, 2022 Regular Meeting
Recommended Action: Review and approve

4. Fire Activity Report—January, 2022
Recommended Action: Receive and file

6. Consideration of Award of Contract with DMCE Concrete Inc. for Commercial Street Phase 2 Street Improvement Project in the Amount of $1,255,569 and Authorization for Mayor to Execute Contract
Recommended Action : Award contract and authorize Mayor to execute contract

7. Consideration of Resolution No. 2022-12: A Resolution of the City Council of the City of Nevada City to Approve for Filing Parcel Map 2022-01 (NCPM 2022-01) and Authorizing Mayor to Sign
(Property Split at 198 Gold Flat Road)
Recommended Action: Adopt resolution

8. Consideration of Resolution No. 2022-13: A Resolution of the City Council of the City of Nevada City to Extending for 60 Days Proclamation No. 2021-02 Declaring the Existence of a Local Emergency Due to the December 27, 2021 Snow Storm Recommended Action: Adopt resolution

9. Consideration of Request for Donation from North Columbia Schoolhouse Cultural Center for Steel Beams from Old Pine Street Bridge for Refurbishing of Stage and Amphitheater
Recommended Action: Approve donation

10. Second Reading and Adoption of Ordinance No. 2022-01: An Ordinance of the City Council of the City of Nevada City Amending Title 17 of the City of Nevada City Municipal Code Adding Chapter 17.82—Objective Design Standards for Streamlined and Ministerial Residential Developments
Recommended Action: Hold second reading and adopt ordinance 3 11. Consideration of Resolution No. 2022-14: A Resolution of the City of Nevada City Opposing Proposed Voter Initiative 21-0042A1
Recommended Action: Adopt resolution
Councilmember Petersen pulled item #6 for discussion
Councilmember Fernández pulled item #10 for discussion
Action: Motion by Fleming, seconded by Petersen to approve Consent Items 1 through 5, 7, 8, 9, 11 on the agenda as presented.
(Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández Action: Motion by Petersen, seconded by Fleming to approve Consent Items 6. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández Action: Motion by Fleming, seconded by Strawser to approve Consent Items 10. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

PUBLIC HEARINGS

BUSINESS

12. Presentation and Status Report from Waste Management and Input from Staff on Opening Contract Discussions with Waste Management for Updates Necessitated by Legislative Actions Recommended Action: Hear presentation from Shavati Karki-Pearl, Public Sector Manager for Waste Management; hear staff input on potential amendments to existing contract for refuse service with Waste Management and concur with staff’s recommendation to calendar opening of full contract negotiations no later than July 2023

13. Consideration of Resolution No. 2022-15: A Resolution of the City of Nevada City Approving and Implementing Updated Facility Rental Policies
Recommended Action: Adopt resolution
Action: Motion by Petersen, seconded by Fleming to approve Resolution and Implementation of the City of Nevada City Updated Facility Rental Policies
(Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

14. Informational Report on Tennis Court Lights at Pioneer Park Recommended Action: Receive and file
Councilmember Petersen recused himself as he lives within 500 feet of Tennis Court ADJOURNMENT: 8:49 PM
4 AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Duane Strawser, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 04
Subject: Building Activity Report –
February 2022
From: Amy Wolfson, City Planner
Date: March 4, 2022
Reviewed & Approved:

Recommended Action: Receive and file.

ISSUE STATEMENT AND DISCUSSION:

The attached Building Activity Report lists all permits processed by the Building Department for February2022.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ATTACHMENTS:
• Building Activity Report, February 2022
Date
Record
Number
Record
Type Description Address Status Short Notes
2/24/2022 220717 Express
Permit
DIGITAL. remove and replace 3 retrofit insert windows.This permit includes one inspection.
611 WEST BROAD STREET,
Nevada City CA 95959 Issued
Residential
Window Change
Out
2/23/2022 220710 Express
Permit
DIGITAL: Installation of 22KW Generac standby generator with 200 amp automatic transfer panel and load shed modules.Includes 2 inspections.
20 TURPENTINE DRIVE,
Nevada City CA 95959 Issued Residential Electrical
2/21/2022 220661 Express
Permit
Web: Roof Mounted Solar Array 9.36 kW with 26 modules and 1 batteryThis permit includes up to 2 inspections. Additional inspections to be paid at current rate. Final inspection required
325 AMERICAN HILL ROAD,
Nevada City CA 95959 Finaled Residential Solar Array
2/17/2022 220633 Express
Permit
Digital: Relocate existing gas line to a new meter approx. 15ft. with 1" gas pipe. This work is being done for PGE safety requirements.

Inspector to verify sewer backflow prevention device installed. This permit includes two inspections.
333 SOUTH PINE STREET,
Nevada City CA 95959 Issued
Residential
Plumbing - One
Inspection
2/17/2022 220639 Express
Permit
DIGITAL: REPLACE HEATING IN EXISTING RESIDENCE.This permit includes one inspection.
194 GROVE STREET, Nevada
City CA 95959
Finaled Residential
Mechanical
2/11/2022 220544 Express
Permit
Tear off and reroof existing apartment complex with 30 yr cool comp.

Also reside front facing portion with Hardi lapsiding/shingle. Change out windows on front. Windows to meet current efficiency standards.

This permit includes up to 3 inspections. Additional inspections to be paid at current rate. Final inspection required.
728 NEVADA STREET,
Nevada City CA 95959 Issued Residential Reroof
2/9/2022 220520 Express
Permit
Tear off and reroof detached garage with Class A Fire rated metal roof assemby using one layer of versashield with 24 gauge metal roofing.

This permit includes up to 2 inspections. Additional inspections to be paid at current rate. Final inspection required.
227 SACRAMENTO STREET,
Nevada City CA 95959 Finaled Residential Reroof
February 2022 Building Activity Report
2/9/2022 220511 Express
Permit
Web: Replace existing heating and cooling equipment. System located in/ side of houseThis permit includes 1 inspection. Additional inspections to be paid at current rate. Final inspection required 426 JORDAN STREET,
Nevada City CA 95959 Finaled Residential Mechanical
2/7/2022 220493
Full
Review
DIGITAL: Pello Lane Lot 9. Models A & E of master plan permit 203307.Plan A Residence, 1,272 sf. 3 bedroom, 2.5 bath. Covered porch, 138 sf.Plan E Detached Garage, 264 sf.Includes 17 inspections. 215 Pello Lane, Nevada City
CA 95959
Ready to
Issue
Residential New
Residence
2/7/2022 220491
Full
Review
DIGITAL: Pello Lane Lot 7 Model C & E of master plan permit 203307 Plan C Residence, 1362 sf. 3 bedroom, 2.5 bath. Covered porch, 143 sf.Plan E Detached garage, 264 sf.Includes 17 inspections. 225 Pello Lane, Nevada City
CA 95959
Ready to
Issue
Residential New
Residence
2/4/2022 220461 Express
Permit

DIGITAL - REPLACE HEATING AND COOLING IN LOWER FLOOR OF

RESIDENCEPERMIT INCLUDES ONE INSPECTION
427 BROAD STREET, Nevada
City CA 95959 Finaled Commercial Mechanical
2/2/2022 220433 Express
Permit

DIGITAL - REPLACE COOLING FOR UPPER FLOORPERMIT INCLUDES

ONE INSPECTION
225 PARK AVENUE, Nevada
City CA 95959
Issued Residential
Mechanical

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 05
Subject: Consideration of Reaffirming Resolution No.
2021-44: A Resolution of the City Council of the City of Nevada City Making the Legally Required Findings to
Continue to Authorize the Conduct of Remote
“Telephonic” Meetings During the State of Emergency
From: Sean Grayson, City Manager
Date: March 3, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Reaffirm resolution
ISSUE STATEMENT AND DISCUSSION:

This is the resolution previously adopted by council authorizing the continued use of remote “telephonic” council meetings. As advised by the city’s attorney, this resolution must be reaffirmed at each council meeting until such time as the requirement is rescinded.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Resolution No. 2021-44

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 06
Subject: Assembly Bill 481 - Military Equipment Use Policy From: Ted Stec - Interim Police Chief
Date: February, 25 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive and file
ISSUE STATEMENT AND DISCUSSION:

Assembly Bill 481 (“AB 481”) went into effect on January 1, 2022, and requires cities to adopt an ordinance establishing a military equipment use policy before using, purchasing, raising funds for, or acquiring military equipment. The Nevada City Police Department currently has some military equipment and in order to comply with the new law, the City must adopt a policy governing its use.

AB 481 requires special noticing of the proposed military equipment policy. At least 30 days before a public hearing where adoption of the policy will be discussed, the City must: (1) post the proposed policy and related documents on the police department’s website; and (2) submit the policy to the City Council itself.

The proposed policy was posted on the Nevada City Police Department’s website on February 17, 2022 and is attached to this agenda item for City Council review at the March 9, 2022 city council meeting. The public hearing can be scheduled 30 days after March 9, 2022 and if adopted by an urgency ordinance, the policy will become effective immediately to safeguard the public health, safety and welfare and in order to comply with the May 1, 2022 deadline imposed by the State.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None
ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Proposed Military Equipment Use Policy
Policy NEVADA CITY POLICE DEPARTMENT
706 Policy Manual
_____________________________________________________________________________________ (Draft 2/16/22)
Governing Body Specific Equipment Approval Policy
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of California Government Code defined military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Nevada City Police Department
California Government Code defined military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached • Tracked armored vehicles that provide ballistic protection to their occupants • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units • Weaponized aircraft, vessels, or vehicles of any kind • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms
• Any firearm or firearm accessory that is designed to launch explosive projectiles • Noise-flash diversionary devices and explosive breaching tools • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs)
• Kinetic energy weapons and munitions
Policy NEVADA CITY POLICE DEPARTMENT
706 Policy Manual
_____________________________________________________________________________________ • Any other equipment as determined by a governing body or a state agency to require additional oversight
706.2 POLICY
It is the policy of the Nevada City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member(s) of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the governing body for matters related to the requirements of this policy
b. Identifying department equipment that qualifies as military equipment in the current possession of the department, or the equipment the department intends to acquire, that requires approval by the governing body
c. Conducting an inventory of all military equipment at least annually d. Collaborating with any allied agency that may use military equipment within the jurisdiction of Nevada City Police Department (Government Code § 7071) e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment
f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the department will respond in a timely manner
706.4 MILITARY EQUIPMENT INVENTORY
12 gauge less-lethal beanbag munition for use in standard patrol shotguns 706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment Policy NEVADA CITY POLICE DEPARTMENT
706 Policy Manual
_____________________________________________________________________________________ policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a. Requesting military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g. Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this department shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are providing mutual aid to this department shall comply with their respective military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Policy NEVADA CITY POLICE DEPARTMENT
706 Policy Manual
_____________________________________________________________________________________ Within 30 days of submitting and publicly releasing the annual report, the department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

End

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 07
Subject: Public Hearing on Ordinance 2022-02: An Ordinance of the City Council of the City of Nevada City, State of California, Amending Chapters 8, 10 and 38 of Title 8 of the City of Nevada City Municipal Code, Relating to Fire Control; Vegetation Management, Debris Removal and Abatement;
Open Burning; and Fireworks.

From: Mark Buttron, Fire Chief
Sam Goodspeed, Division Chief
Date: March 2, 2022
Reviewed & Approved:

Recommended Action:

1. That the Council conduct a public hearing; and

2. Introduce by title only an ordinance amending Title 8 of the Nevada City Municipal Code, relating to;
 Fire Control Regulations;
 Vegetation Management;
 Debris Removal and Abatement;
 Open burning; and
 Fireworks

3. Continue to the meeting of March 23, 2022 for second reading and adoption.

ISSUE STATEMENT AND DISCUSSION:

Nevada City is in an area designated by the California Department of Forestry and Fire Protection (CalFire) as a Very High Fire Hazard Severity Zone (VHFHSZ). One of the ways the City seeks to reduce the risk of wildfire in the community is through the adoption and enforcement of ordinances that seek to reduce the presence of dead or flammable vegetation as a fuel load. The proposed amended ordinance is brought to
In 2020, the Nevada City entered into a 10-year Fire Protection Services Agreement with Grass Valley.

Under the Agreement, Grass Valley agreed to provide fire protection and emergency services to Nevada City. Nevada City retains responsibility for fire inspections under the Agreement. The cities share the services of the Division Chief, the Grass Valley Fire Chief supervises and directs the Division Chief, and the Division Chief is responsible for fire inspection and code enforcement services in Nevada City.Major purposes of the Agreement include maximizing use of existing resources and containing costs. The agreement contemplates the alignment of fire protection laws between the two cities to provide similar standards of enforcement.

The proposed ordinance would, in part, replace Nevada City’s fire protection regulations with corresponding language from the Grass Valley Municipal Code. The sections amended are Chapters 8, 10 and 38 of Title 8 (fire control regulations; vegetation management, debris removal and abatement; open burning and fireworks).

Adoption of the ordinance revisions requested in this action is one essential step toward addressing the threat of wildfire in Nevada City. The changes will go into effect just shortly prior to May 1, 2022 which is the established first date of required compliance.

On March 11, 2020 the City Council approved the creation of a Fire Safety Advisory Committee. It is anticipated that the committee will submit a comprehensive report and recommendations in the coming months. Among these recommendations will be additions to this ordinance that will enhance enforcement and compliance and/or provide alterations to address unique or specific Nevada City conditions. The committee’s report and recommendations will be brought for future consideration of the City Council.

Staff has reviewed the proposed ordinance under the California Environmental Quality Act and implementing regulations, known as the Guidelines. Staff recommends that the Council determine that the proposed ordinance is not a project subject to environmental review pursuant to Section 15378(b)(5) of the California Code of Regulations. The proposed ordinance would essentially reorganize existing law and is therefore an organizational activity that will not result in direct or indirect physical changes in the environment.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

Ordinance 2022-02
ORDINANCE NO. 2022-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING CHAPTERS 8, 10 AND 38 OF TITLE 8 OF THE CITY OF NEVADA CITY MUNICIPAL CODE, RELATING TO FIRE CONTROL; VEGETATION MANAGEMENT, DEBRIS REMOVAL AND ABATEMENT; OPEN BURNING; AND

FIREWORKS
WHEREAS, the City of Nevada City has entered into a Fire Protection Services Agreement with the City of Grass Valley; and
WHEREAS, under the Fire Protection Services Agreement Grass Valley provides fire administration, firefighter and rescue services, and EMS and emergency management services to Nevada City; and
WHEREAS, under the Fire Protection Services Agreement, Nevada City is solely responsible for fire inspections in Nevada City, as well as fire department responsibilities under the Nevada City Municipal Code and the California Fire Code as amended from time to time; and WHEREAS, in order to coordinate provision of the specified services by Grass Valley, it is prudent to amend additional pertinent Nevada City Municipal Code provisions so that they mirror those of the Grass Valley Municipal Code; and
WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Section 15378 (b)(5) of the California Code of Regulations;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. Chapter 10 of Title 8 of the Nevada City Municipal Code is hereby redesignated “Chapter 8.10 - FIRE CONTROL REGULATIONS” and amended to read as follows:

Chapter 8.10 – FIRE CONTROL REGULATIONS
Article I. – Fire Prevention Bureau

8.10.110 - Establishment and duties of bureau of fire prevention.

The California Fire Code shall be enforced by the bureau of fire prevention of the fire department of the City of Nevada City which is established in Chapter 2.24 of this Code and which shall be operated under the supervision of the chief of the fire department or an authorized representative.

8.10.120 - Appeals.

When the chief of the fire department or an authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the city council of the city or a board of appeals appointed thereby within thirty days from the date of the decision appealed.

Article II. - Miscellaneous Fire Control Regulations

8.10.200 - Vegetation management and yard debris removal.

It shall be the duty of the division chief of the fire department of the City of Nevada City or an authorized representative and/or the director of the community development department or an authorized representative to enforce the requirements of the "vegetation management and yard debris removal" section(s).

8.10.210 - Definitions.

1. Improved property: Any property with a building or structure.

2. Unimproved property: Any property without a building or structure.

3. Building or structure: Any structure used for support or shelter of any use or occupancy.

4. APN: Assessor's parcel number as assigned by the county of Nevada.

5. Surface fuels: Loose surface litter on the soil surface, normally consisting of fallen leaves or needles, twigs, bark, cones, and small branches that have not yet decayed enough to lose their identity; also grasses, low and medium shrubs, tree seedlings, heavier branches, and downed logs.

6. Aerial fuels: All live and dead vegetation above surface fuels, including tree branches, twigs and cones, snags, moss, and high brush. Examples include trees and large bushes.

7. Ladder fuels: Fuels that can carry a fire vertically between or within a fuel type.

8. Flammable vegetation: Includes, but not limited to, dead pine needles or leaves, dry grasses of over four inches in height, tree limbs, bushes, trees less than six inches diameter at breast height (DBH), manzanita, dense berry thickets or other dry invasive or noxious plants, that constitute a fire hazard and endanger people or property.

9. Combustible material: Heavy fuels, slash, refuse piles, dead trees, or tree limbs (either standing or downed), that constitute a fire hazard and endanger people and/or property.

10. Refuse piles: Accumulations of flammable vegetation, rubbish and/or scrap materials, including, but not limited to, wastepaper, wood, hay, straw, weeds, litter, or other flammable waste.

11. Heavy fuels: Materials of large diameter such as snag logs and large tree limbs that ignite and are consumed more slowly than flash fuels such as tree needles, leaves and grasses.

12. Approved warming device: A portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens.

13. Jurisdiction: Whenever the word "jurisdiction" is used in the California Fire Code it means the City of Nevada City, California.

14. Fire Division Chief: Whenever the words "chief of the bureau of fire prevention," “fire marshal,” or “chief of the fire department,” are used they shall be held to mean fire division chief.

8.10.220 - Abatement procedures.

To reduce fire hazards and nuisances associated with weeds, other flammable vegetation, refuse piles, and/or combustible materials upon or in front of private improved or unimproved property, the city council may conduct proceedings pursuant to Chapter 8.04 of this Code. Such proceedings 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.

8.10.230 - Duty to abate flammable vegetation and combustible material.

It shall be the duty of every owner, occupant, or person in control of any private land, whether improved or unimproved, within the City of Nevada City, to abate there from on such property, at his or her own expense, all weeds, flammable vegetation and other combustible materials that constitute a fire hazard. The obligation to abate all weeds, flammable vegetation and other combustible materials shall comply with the following, shall be completed by May 1 of each year, and shall be maintained through October 31 or the end of fire season as declared by the California Department of Forestry and Fire Protection (CAL FIRE) whichever comes first:

1. Improved or Unimproved Property Less Than or Equal to One Acre: The entire property shall be mowed/cleared so that "flammable vegetation" as defined in Section

8.10.210 is no higher than four inches above mineral soil, the roof of every building and/or structure shall be free of flammable vegetation. No portion of any tree shall be within ten feet of the outlet of a chimney, stovepipe and/or electrical power service drop. Any plant, tree, or shrub adjacent to or overhanging a building and/or structure shall be free of dead or dying wood. Trees shall be free of branches six feet up from the ground, if height of the tree does not allow the six feet of clearance, the division chief of the fire department of the City of Nevada City or an authorized representative will determine appropriate clearance.

2. Improved and/or Unimproved Property Greater Than One Acre: A fifteen-foot clearance zone, measured from the property line, shall be provided if the property abuts an “improved property” as defined in Section 8.10.210. A thirty-foot clearance zone, as measured from the edge of the sidewalk nearest to the property line or from the street line if there is no sidewalk, shall be provided when property abuts any public or private rightsof-way, or fire apparatus access road. For the purposes of this Section 8.10.230(2), a clearance zone means “flammable vegetation” as defined in Section 8.10.210, is no higher than four inches above mineral soil and the roof of every building and/or structure shall be free of "flammable vegetation" as defined in Section 8.10.210. No portion of any tree shall be within ten feet of the outlet of a chimney, stovepipe, and/or electrical power service drop. Any plant, tree, or shrub adjacent to or overhanging a building and/or structure shall be free of dead or dying wood. Trees shall be free of branches six feet up from the ground, if height of the tree does not allow the six feet of clearance, the division chief of the fire department of the City of Nevada City or an authorized representative will determine appropriate clearance.

8.10.240 - Emergency vehicle access.

No property owner may allow any portion of any vegetation on his or her property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. Vegetation must be trimmed back a minimum distance of three-feet from the edge of street line for properties less than or equal to one acre and thirty-feet from the edge of the street line for properties greater than one acre. Vegetation must also be trimmed to a minimum height of thirteen feet six inches above street pavement. The division chief of the fire department of the City of Nevada City or an authorized representative may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance when the fire chief determines the vegetation would otherwise interfere with street or emergency vehicle access. If the property owner fails to maintain these clearance requirements, the city may abate this nuisance without further notice and at the property owner's expense.

This subsection shall not apply to cultivated groundcover such as green grass, ivy, succulents, or similar plants used as groundcovers, provided they do not constitute a fire hazard.

8.10.250 - City abatement of hazardous vegetation or yard debris condition(s)—Lien.

Hazardous vegetation or yard debris shall be abated under Chapter 8.04 of this Code, and costs of abatement may be recovered under Chapter 8.04 of this Code.

Article III. - Prohibitions

8.10.300 - Open burning.

It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Nevada City.

This prohibition is not intended to prohibit fires in approved warming devices or devices used for cooking such as barbeques that are located on property that the individual using such device has legal authority to occupy.

8.10.310 - Authorized burning.

1. Training Burns. Fire department training burns may be permitted with the prior written approval of the division chief of the fire department of the City of Nevada City and Northern Sierra Air Quality Management District.

2. Special Permits. The chief of the fire department may issue special permits to authorize burning for the health and safety of the public.

3. Special Permits. The division chief of the fire department of the City of Nevada City may issue special permits to authorize burning for the health and safety of the public.

4. Burning may be permitted in improved designated areas, including, but not limited to, city-provided fire pits or barbeques in parks and other public areas.

8.10.320 - Fire protection requirements.

To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:

1. During use/operation an area within ten feet of the device shall be free and clear of flammable vegetation, combustible materials and/or refuse piles, as defined in Section

8.10.210.

2. Responsible person, eighteen years of age or older, in attendance with shovel until fire is dead out.

3. Water hose connected to an operational water supply shall present at use/operation site.

4. Operation site shall be within two hundred fifty feet of an operational fire hydrant.

5. Operation site shall be within one hundred fifty feet of a California Fire Code compliant fire access road.

8.10.330 - Exception—Special permit ceremonial operations.

Special permit ceremonial operations only: If an operational water supply is not present the division chief of the fire department of the City of Nevada City or an authorized representative will determine an appropriate alternative method of fire protection.

Article IV. - Fireworks

8.10.400 - Purpose and findings.

The City has determined that fireworks present a significant hazard to the environment and safety of its citizens and has determined that it is in the City's best interest to prohibit the sale, use, and discharge of fireworks, including "safe and sane fireworks". The purpose of this chapter is to establish a prohibition on the sale, use, and discharge of fireworks in Nevada City.

8.10.410 - Definitions.

As used herein, the words and phrases "fireworks" and "safe and sane fireworks" shall have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.

8.10.420 - Prohibitions.

The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City of Nevada City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this chapter.

8.10.430 - Exceptions.

Nothing in this Chapter shall be construed as prohibiting the sale, use, or discharge of any of the following; torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes of illumination; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.

Public displays of fireworks may be conducted by permit granted pursuant to Title 19 of the California Code of Regulations.

Article V. - Violations—Penalty

8.10.500 - Penalty.

Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable under Chapter 1.12 of this Code. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.

SECTION 3. Chapter 8 of Title 8 of the Nevada City Municipal Code is hereby repealed.

SECTION 4. Chapter 38 of Title 8 of the Nevada City Municipal Code is hereby repealed.

SECTION 5. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.

SECTION 6. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendicies thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.

SECTION 7. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.

SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.

SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.

Introduced at a regular meeting of the City Council on the 9th day of March, 2022, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT

ABSTAINED
Passed and approved at the regular meeting of the City Council on the ____ day of ____, 2022, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
_____________________ __________________________
Niel Locke, City Clerk Duane Strawser, Mayor
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 08
Subject: Public Hearing to Adopt Resolutions Approving the 2021/2022-2025/2056 Capital Improvement Program (CIP);
Position Allocations for Fiscal Year 2021/2022 and Adopting a Master Compensation Schedule
From: Joan Phillipe
Date: March 2, 2022
Reviewed & Approved:

Recommended Action: Adopt:
• Resolution No. 2022-16: A Resolution of the City Council of the City of Nevada City Approving the 2021/2022-2025/2026 Capital Improvement Program • Resolution No. 2022-17: A Resolution of the City Council of the City of Nevada City Approving Position Allocations for Fiscal Year 2021-2022 • Resolution No. 2022-18: A Resolution of the City Council of the City of Nevada City Adopting a Master Compensation Schedule
ISSUE STATEMENT AND DISCUSSION:

Council adopted the 2021-2022 Fiscal Year Budget on January 26, 2022. At the time, staff indicated there were a few additional resolutions that would come forth for approval as part of the evolving budget process.

In future years, all of these actions will be completed at one time. Three resolutions are presented for adoption at this meeting.

The first resolution approves a five-year Capital Improvement Program (2021/2022-2025/2026).

Government Code Section 66002 requires that the Capital Improvement Plan (CIP) be adopted by, and shall be annually updated by a resolution of the government body of the local agency adopted at a noticed public hearing. It is designed to be a financial planning tool that identifies the capital needs of the community over the next five-year period. The attached CIP was reviewed by the Planning Commission at its regular meeting on February 17, 2022 at a duly noticed public hearing. The commission found the CIP to be consistent with the City’s General Plan as required by Government Code Section 65403c. Many of the Potential funding sources for each of the capital improvements have been identified in the plan. Projects that are lacking finance backing are identified and future research will need to be conducted to identify if there are state or federal grant opportunities to aid the City with these unfunded improvements.

The second resolution identifies positions allocated in the budget and identifies which departments are funding them. This portion of the budget clearly sets forth the number of employees the city has as well as the departments to which they are assigned. It is also the authorization for hiring during the fiscal year.

The last resolution will adopt a Master Compensation Schedule. While there is periodic reference to a schedule in documents, one has not been found. The attached schedule was prepared using $14.00 per hour as the base rate to then create the schedule that provides for 5 percent between steps and 2.5 percent between ranges. This schedule will be used in budget preparation for the 2022-2023 Fiscal Year budget. Each employee position and current range will be evaluated and adjusted to the range most closely fitting the new schedule.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Adoption of the resolutions conforms to either state law or sets policy going forward. There will be some slight fiscal impact to adjust existing ranges to the new schedule but that will occur with the 2022-2023 Fiscal Year budget.

ENVIRONMENTAL CONSIDERATIONS:

There are no environmental impacts on adopting any of the three resolutions. In regard to the Capital Improvement Program, it is not considered a project under the California Environmental Quality Act (CEQA) because the program is a government funding mechanism with no commitment to a specific project.

ATTACHMENTS:

Resolution No. 2022-16 w/ attachment: Capital Improvement Plan 2021-2026 Resolution No. 2022-17 w/ attachment: Position Allocations Resolution No. 2022-18 w/ attachment: Master Compensation Schedule

CITY OF NEVADA CITY
RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY ADOPTING THE NEVADA CITY 2021/2022 THROUGH 2025/2026

CAPITAL IMPROVEMENT PROGRAM (CIP)
WHEREAS, pursuant to Government Code Sections 66002(b) and 65090, City Council held a public hearing regarding the City of Nevada City 2021/2022 through 2025/2026 Capital Improvement Program (CIP) at its regular meeting of March 9, 2022; and WHEREAS, the City of Nevada City CIP is a five year program that outlines public improvements and estimated expenditures to construct improvements for the fiscal years spanning the 2021/2022 through 2025/2026 time period for City Council review and consideration; and WHEREAS, the Nevada City Planning Commission held a duly noticed public hearing at its February 17, 2022 regular meeting and determined that the CIP is in conformance with the City’s General Plan pursuant to California Government Code Section 65401; and WHEREAS, the Planning Commission determined that the General Plan Conformity Finding is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 because the CIP is a government funding mechanism with no commitment to a specific project; and NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City does hereby adopt the 2021/2022 through 2025/2026 Capital Improvement Program, attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 9th day March 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Duane Strawser
Mayor
ATTEST:
___________________________________
Niel Locke City Clerk
Resolution 2022- XX
Exhibit A: 2021/2022 through 2025/2026 CIP

CITY OF NEVADA CITY
RESOLUTION NO. 2022-17

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY APPROVING POSITION ALLOCATIONS FOF FISCAL YEAR 2021-2022 WHEREAS, the City Council of the City of Nevada City has, through the adoption of the 2021- 2022 Fiscal Year Budget, allocated positions in the various city operating departments; and WHEREAS, allocation of positions will be set forth in future years as part of the budget adoption process;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that the number and type of positions allocated to the various city departments is as set forth in the attached “City of Nevada City Position Allocations for the Year Ending June 30, 2022” which is hereby made a part of this resolution by reference as though fully set forth herein.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 9th day March 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Duane Strawser
Mayor
ATTEST:
___________________________________
Niel Locke City Clerk

CITY OF NEVADA CITY
RESOLUTION NO. 2022-18

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY

ADOPTING A MASTER COMPENSATION SCHEDULE
WHEREAS, the City of Nevada City employees are compensated based on a five-step hourly rate plan; and
WHEREAS, there has not been a master compensation schedule used to assign ranges to positions; and
WHEREAS, the lack of a master schedule has resulted at times in inequitable assignment of compensation when an employee is promoted to a new position; and WHEREAS, a master schedule has been prepared to be used for all city positions; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City the Master Compensation Schedule attached hereto and made a part hereof by reference as though fully set forth herein is adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 9th day March 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Duane Strawser
Mayor
ATTEST:
___________________________________
Niel Locke City Clerk
Salary Ranges
Step Step Step Step Step Step Step Step Step Step Step Step Step Step Step Step Step Step

A B C D E F A B C D E F A B C D E F
1 14.00 14.70 15.44 16.21 17.02 17.87 2,426.67 2,548.00 2,675.40 2,809.17 2,949.63 3,097.11 29,120.00 30,576.00 32,104.80 33,710.04 35,395.54 37,165.32 2 14.35 15.07 15.82 16.61 17.44 18.31 2,487.33 2,611.70 2,742.29 2,879.40 3,023.37 3,174.54 29,848.00 31,340.40 32,907.42 34,552.79 36,280.43 38,094.45 3 14.71 15.45 16.22 17.03 17.88 18.77 2,549.73 2,677.22 2,811.08 2,951.64 3,099.22 3,254.18 30,596.80 32,126.64 33,732.97 35,419.62 37,190.60 39,050.13 4 15.80 16.59 17.42 18.29 19.20 20.17 2,738.67 2,875.60 3,019.38 3,170.35 3,328.87 3,495.31 32,864.00 34,507.20 36,232.56 38,044.19 39,946.40 41,943.72 5 15.46 16.23 17.04 17.90 18.79 19.73 2,679.73 2,813.72 2,954.41 3,102.13 3,257.23 3,420.09 32,156.80 33,764.64 35,452.87 37,225.52 39,086.79 41,041.13 6 15.85 16.64 17.47 18.35 19.27 20.23 2,747.33 2,884.70 3,028.94 3,180.38 3,339.40 3,506.37 32,968.00 34,616.40 36,347.22 38,164.58 40,072.81 42,076.45 7 16.25 17.06 17.92 18.81 19.75 20.74 2,816.67 2,957.50 3,105.38 3,260.64 3,423.68 3,594.86 33,800.00 35,490.00 37,264.50 39,127.73 41,084.11 43,138.32 8 16.66 17.49 18.37 19.29 20.25 21.26 2,887.73 3,032.12 3,183.73 3,342.91 3,510.06 3,685.56 34,652.80 36,385.44 38,204.71 40,114.95 42,120.69 44,226.73 9 17.08 17.93 18.83 19.77 20.76 21.79 2,959.93 3,107.92 3,263.32 3,426.49 3,597.81 3,777.70 35,519.12 37,295.08 39,159.83 41,117.82 43,173.71 45,332.40 10 17.50 18.38 19.30 20.26 21.28 22.34 3,033.92 3,185.62 3,344.90 3,512.15 3,687.75 3,872.14 36,407.10 38,227.45 40,138.83 42,145.77 44,253.06 46,465.71 11 17.94 18.84 19.78 20.77 21.81 22.90 3,109.77 3,265.26 3,428.52 3,599.95 3,779.95 3,968.95 37,317.28 39,183.14 41,142.30 43,199.41 45,359.38 47,627.35 12 18.39 19.31 20.27 21.29 22.35 23.47 3,187.52 3,346.89 3,514.24 3,689.95 3,874.45 4,068.17 38,250.21 40,162.72 42,170.85 44,279.40 46,493.37 48,818.03 13 18.85 19.79 20.78 21.82 22.91 24.06 3,267.21 3,430.57 3,602.09 3,782.20 3,971.31 4,169.87 39,206.46 41,166.79 43,225.12 45,386.38 47,655.70 50,038.49 14 19.32 20.29 21.30 22.37 23.48 24.66 3,348.89 3,516.33 3,692.15 3,876.75 4,070.59 4,274.12 40,186.62 42,195.96 44,305.75 46,521.04 48,847.09 51,289.45 15 19.80 20.79 21.83 22.93 24.07 25.27 3,432.61 3,604.24 3,784.45 3,973.67 4,172.36 4,380.97 41,191.29 43,250.85 45,413.40 47,684.07 50,068.27 52,571.68 16 20.30 21.31 22.38 23.50 24.67 25.91 3,518.42 3,694.34 3,879.06 4,073.01 4,276.66 4,490.50 42,221.07 44,332.13 46,548.73 48,876.17 51,319.98 53,885.98 17 20.81 21.85 22.94 24.09 25.29 26.55 3,606.38 3,786.70 3,976.04 4,174.84 4,383.58 4,602.76 43,276.60 45,440.43 47,712.45 50,098.07 52,602.98 55,233.13 18 21.33 22.39 23.51 24.69 25.92 27.22 3,696.54 3,881.37 4,075.44 4,279.21 4,493.17 4,717.83 44,358.51 46,576.44 48,905.26 51,350.52 53,918.05 56,613.95 19 21.86 22.95 24.10 25.30 26.57 27.90 3,788.96 3,978.40 4,177.32 4,386.19 4,605.50 4,835.78 45,467.48 47,740.85 50,127.89 52,634.29 55,266.00 58,029.30 20 22.41 23.53 24.70 25.94 27.23 28.60 3,883.68 4,077.86 4,281.76 4,495.85 4,720.64 4,956.67 46,604.16 48,934.37 51,381.09 53,950.14 56,647.65 59,480.03 21 22.97 24.11 25.32 26.59 27.92 29.31 3,980.77 4,179.81 4,388.80 4,608.24 4,838.65 5,080.59 47,769.27 50,157.73 52,665.62 55,298.90 58,063.84 60,967.04 22 23.54 24.72 25.95 27.25 28.61 30.04 4,080.29 4,284.31 4,498.52 4,723.45 4,959.62 5,207.60 48,963.50 51,411.67 53,982.26 56,681.37 59,515.44 62,491.21 23 24.13 25.34 26.60 27.93 29.33 30.79 4,182.30 4,391.41 4,610.98 4,841.53 5,083.61 5,337.79 50,187.59 52,696.97 55,331.81 58,098.41 61,003.33 64,053.49 24 24.73 25.97 27.27 28.63 30.06 31.56 4,286.86 4,501.20 4,726.26 4,962.57 5,210.70 5,471.24 51,442.28 54,014.39 56,715.11 59,550.87 62,528.41 65,654.83 25 25.35 26.62 27.95 29.35 30.81 32.35 4,394.03 4,613.73 4,844.42 5,086.64 5,340.97 5,608.02 52,728.33 55,364.75 58,132.99 61,039.64 64,091.62 67,296.20 26 25.98 27.28 28.65 30.08 31.58 33.16 4,503.88 4,729.07 4,965.53 5,213.80 5,474.49 5,748.22 54,046.54 56,748.87 59,586.31 62,565.63 65,693.91 68,978.60 27 26.63 27.97 29.36 30.83 32.37 33.99 4,616.48 4,847.30 5,089.66 5,344.15 5,611.35 5,891.92 55,397.71 58,167.59 61,075.97 64,129.77 67,336.26 70,703.07 28 27.30 28.66 30.10 31.60 33.18 34.84 4,731.89 4,968.48 5,216.91 5,477.75 5,751.64 6,039.22 56,782.65 59,621.78 62,602.87 65,733.01 69,019.66 72,470.65 29 27.98 29.38 30.85 32.39 34.01 35.71 4,850.18 5,092.69 5,347.33 5,614.69 5,895.43 6,190.20 58,202.21 61,112.32 64,167.94 67,376.34 70,745.15 74,282.41 30 28.68 30.12 31.62 33.20 34.86 36.61 4,971.44 5,220.01 5,481.01 5,755.06 6,042.82 6,344.96 59,657.27 62,640.13 65,772.14 69,060.75 72,513.78 76,139.47 31 29.40 30.87 32.41 34.03 35.73 37.52 5,095.73 5,350.51 5,618.04 5,898.94 6,193.89 6,503.58 61,148.70 64,206.14 67,416.44 70,787.27 74,326.63 78,042.96 32 30.13 31.64 33.22 34.88 36.63 38.46 5,223.12 5,484.27 5,758.49 6,046.41 6,348.73 6,666.17 62,677.42 65,811.29 69,101.85 72,556.95 76,184.79 79,994.03 33 30.89 32.43 34.05 35.76 37.54 39.42 5,353.70 5,621.38 5,902.45 6,197.57 6,507.45 6,832.82 64,244.35 67,456.57 70,829.40 74,370.87 78,089.41 81,993.88 34 31.66 33.24 34.90 36.65 38.48 40.41 5,487.54 5,761.92 6,050.01 6,352.51 6,670.14 7,003.64 65,850.46 69,142.99 72,600.14 76,230.14 80,041.65 84,043.73 35 32.45 34.07 35.78 37.57 39.44 41.42 5,624.73 5,905.96 6,201.26 6,511.32 6,836.89 7,178.74 67,496.72 70,871.56 74,415.14 78,135.90 82,042.69 86,144.82 Hourly Monthly Annual
Position Unit Range
36 33.26 34.92 36.67 38.50 40.43 42.45 5,765.35 6,053.61 6,356.29 6,674.11 7,007.81 7,358.20 69,184.14 72,643.35 76,275.52 80,089.29 84,093.76 88,298.45 37 34.09 35.80 37.59 39.47 41.44 43.51 5,909.48 6,204.95 6,515.20 6,840.96 7,183.01 7,542.16 70,913.75 74,459.43 78,182.41 82,091.53 86,196.10 90,505.91 38 34.95 36.69 38.53 40.45 42.48 44.60 6,057.22 6,360.08 6,678.08 7,011.98 7,362.58 7,730.71 72,686.59 76,320.92 80,136.97 84,143.81 88,351.00 92,768.55 39 35.82 37.61 39.49 41.47 43.54 45.72 6,208.65 6,519.08 6,845.03 7,187.28 7,546.65 7,923.98 74,503.75 78,228.94 82,140.39 86,247.41 90,559.78 95,087.77 40 36.71 38.55 40.48 42.50 44.63 46.86 6,363.86 6,682.06 7,016.16 7,366.97 7,735.31 8,122.08 76,366.35 80,184.67 84,193.90 88,403.59 92,823.77 97,464.96 41 37.63 39.51 41.49 43.56 45.74 48.03 6,522.96 6,849.11 7,191.56 7,551.14 7,928.70 8,325.13 78,275.51 82,189.28 86,298.75 90,613.68 95,144.37 99,901.59 42 38.57 40.50 42.53 44.65 46.89 49.23 6,686.03 7,020.33 7,371.35 7,739.92 8,126.91 8,533.26 80,232.39 84,244.01 88,456.22 92,879.03 97,522.98 102,399.13 43 39.54 41.51 43.59 45.77 48.06 50.46 6,853.18 7,195.84 7,555.64 7,933.42 8,330.09 8,746.59 82,238.20 86,350.11 90,667.62 95,201.00 99,961.05 104,959.10 44 40.53 42.55 44.68 46.91 49.26 51.72 7,024.51 7,375.74 7,744.53 8,131.75 8,538.34 8,965.26 84,294.16 88,508.87 92,934.31 97,581.03 102,460.08 107,583.08 45 41.54 43.62 45.80 48.09 50.49 53.02 7,200.13 7,560.13 7,938.14 8,335.05 8,751.80 9,189.39 86,401.51 90,721.59 95,257.67 100,020.55 105,021.58 110,272.66 46 42.58 44.71 46.94 49.29 51.75 54.34 7,380.13 7,749.14 8,136.59 8,543.42 8,970.59 9,419.12 88,561.55 92,989.63 97,639.11 102,521.07 107,647.12 113,029.48 47 43.64 45.82 48.12 50.52 53.05 55.70 7,564.63 7,942.86 8,340.01 8,757.01 9,194.86 9,654.60 90,775.59 95,314.37 100,080.09 105,084.09 110,338.30 115,855.21 48 44.73 46.97 49.32 51.78 54.37 57.09 7,753.75 8,141.44 8,548.51 8,975.93 9,424.73 9,895.97 93,044.98 97,697.23 102,582.09 107,711.20 113,096.75 118,751.59 49 45.85 48.14 50.55 53.08 55.73 58.52 7,947.59 8,344.97 8,762.22 9,200.33 9,660.35 10,143.37 95,371.10 100,139.66 105,146.64 110,403.98 115,924.17 121,720.38 50 47.00 49.35 51.82 54.41 57.13 59.98 8,146.28 8,553.60 8,981.28 9,430.34 9,901.86 10,396.95 97,755.38 102,643.15 107,775.31 113,164.07 118,822.28 124,763.39 51 48.17 50.58 53.11 55.77 58.55 61.48 8,349.94 8,767.44 9,205.81 9,666.10 10,149.40 10,656.87 100,199.27 105,209.23 110,469.69 115,993.18 121,792.84 127,882.48 52 49.38 51.85 54.44 57.16 60.02 63.02 8,558.69 8,986.62 9,435.95 9,907.75 10,403.14 10,923.29 102,704.25 107,839.46 113,231.43 118,893.01 124,837.66 131,079.54 53 50.61 53.14 55.80 58.59 61.52 64.59 8,772.65 9,211.29 9,671.85 10,155.44 10,663.22 11,196.38 105,271.85 110,535.45 116,062.22 121,865.33 127,958.60 134,356.53 54 51.88 54.47 57.19 60.05 63.06 66.21 8,991.97 9,441.57 9,913.65 10,409.33 10,929.80 11,476.29 107,903.65 113,298.83 118,963.78 124,911.96 131,157.56 137,715.44 55 53.17 55.83 58.62 61.56 64.63 67.86 9,216.77 9,677.61 10,161.49 10,669.56 11,203.04 11,763.19 110,601.24 116,131.30 121,937.87 128,034.76 134,436.50 141,158.33 56 54.50 57.23 60.09 63.09 66.25 69.56 9,447.19 9,919.55 10,415.53 10,936.30 11,483.12 12,057.27 113,366.27 119,034.59 124,986.32 131,235.63 137,797.41 144,687.28 57 55.87 58.66 61.59 64.67 67.90 71.30 9,683.37 10,167.54 10,675.91 11,209.71 11,770.20 12,358.71 116,200.43 122,010.45 128,110.97 134,516.52 141,242.35 148,304.47 58 57.26 60.13 63.13 66.29 69.60 73.08 9,925.45 10,421.73 10,942.81 11,489.95 12,064.45 12,667.67 119,105.44 125,060.71 131,313.75 137,879.44 144,773.41 152,012.08 59 58.69 61.63 64.71 67.95 71.34 74.91 10,173.59 10,682.27 11,216.38 11,777.20 12,366.06 12,984.37 122,083.08 128,187.23 134,596.59 141,326.42 148,392.74 155,812.38 60 60.16 63.17 66.33 69.64 73.13 76.78 10,427.93 10,949.33 11,496.79 12,071.63 12,675.21 13,308.97 125,135.15 131,391.91 137,961.51 144,859.58 152,102.56 159,707.69 61 61.67 64.75 67.99 71.39 74.95 78.70 10,688.63 11,223.06 11,784.21 12,373.42 12,992.09 13,641.70 128,263.53 134,676.71 141,410.54 148,481.07 155,905.13 163,700.38 62 63.21 66.37 69.69 73.17 76.83 80.67 10,955.84 11,503.64 12,078.82 12,682.76 13,316.90 13,982.74 131,470.12 138,043.63 144,945.81 152,193.10 159,802.75 167,792.89 63 64.79 68.03 71.43 75.00 78.75 82.69 11,229.74 11,791.23 12,380.79 12,999.83 13,649.82 14,332.31 134,756.87 141,494.72 148,569.45 155,997.93 163,797.82 171,987.71 64 66.41 69.73 73.21 76.87 80.72 84.75 11,510.48 12,086.01 12,690.31 13,324.82 13,991.06 14,690.62 138,125.80 145,032.09 152,283.69 159,897.87 167,892.77 176,287.41 65 68.07 71.47 75.04 78.80 82.74 86.87 11,798.25 12,388.16 13,007.57 13,657.94 14,340.84 15,057.88 141,578.94 148,657.89 156,090.78 163,895.32 172,090.09 180,694.59 66 69.77 73.26 76.92 80.77 84.80 89.04 12,093.20 12,697.86 13,332.75 13,999.39 14,699.36 15,434.33 145,118.41 152,374.34 159,993.05 167,992.70 176,392.34 185,211.96 67 71.51 75.09 78.84 82.78 86.92 91.27 12,395.53 13,015.31 13,666.07 14,349.38 15,066.85 15,820.19 148,746.37 156,183.69 163,992.88 172,192.52 180,802.15 189,842.26 68 73.30 76.97 80.81 84.85 89.10 93.55 12,705.42 13,340.69 14,007.73 14,708.11 15,443.52 16,215.69 152,465.03 160,088.29 168,092.70 176,497.34 185,322.20 194,588.31 69 75.13 78.89 82.83 86.98 91.32 95.89 13,023.06 13,674.21 14,357.92 15,075.81 15,829.60 16,621.08 156,276.66 164,090.49 172,295.02 180,909.77 189,955.26 199,453.02 70 77.01 80.86 84.90 89.15 93.61 98.29 13,348.63 14,016.06 14,716.87 15,452.71 16,225.34 17,036.61 160,183.58 168,192.76 176,602.39 185,432.51 194,704.14 204,439.35 City Manager: Contracted Annual Salary 155,000.00

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 09
Subject: Consideration of Amended Council Policies and
Standards
From: Sean Grayson, City Manager
Date: March 2, 2022
Reviewed & Approved:

Recommended Action: Review and adopt by motion to be effective on adoption ISSUE STATEMENT AND DISCUSSION:

Council adopted policies and standards by which to operate in 2017. Over the last few months staff has reviewed and revised to bring them current to today’s standards and legal requirements. These policies and standards set the requirements and protocols for the council including council values and responsibilities and the Brown Act as well as:
• mayor and vice-mayor selection process;
• various administrative matters;
• council relationship with staff;
• procedures for appointments to boards/commissions and committees; • meeting processes;
• agenda contents;
• procedures for the conduct of public meetings;
• closed sessions; and
• decorum.

Additionally, Rosenberg’s Rules of Order are established as the parliamentary process the city will use for conduct of its meetings.

FINANCIAL AND/OR POLICY IMPLICATIONS:

No financial implications. Sets and confirms policies for ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

City Council Standards and Procedures

CITY OF NEVADA CITY

CITY COUNCIL STANDARDS AND

PROCEDURES
2 | Page

COUNCIL STANDARDS AND PROCEDURES

TABLE OF CONTENTS
SECTION 1: GENERAL

1.1 Purpose

1.2 Values

1.3 Overview of Council Responsibilities

1.4 Overview of City Manager Responsibilities

1.5 Review

1.6 Ralph M. Brown Act
SECTION 2: MAYOR AND VICE MAYOR SELECTION PROCESS

2.1 Reorganization

2.2 Appointment of Vacancy
SECTION 3: ADMINISTRATIVE MATTERS

3.1 Attendance

3.2 Regional Boards

3.3 Distribution of Information

3.4 Reimbursement

3.5 Ethics, Sexual Harassment and Anti-Bullying Training

3.6 City Mission and City Seal

3.7 Use of Social Media and Email
SECTION 4: COUNCIL RELATIONSHIP WITH STAFF

4.1 City Manager

4.2 Agenda Item Questions

4.3 Interaction of City Council with Staff

4.4 Individual Council Member’s Requests
SECTION 5: PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES

5.1 Definitions

5.2 Recruitment Process

5.3 Requirement for Appointment

5.4 Council Notification

5.5 Incumbents

5.6 Application

5.7 Appointment Procedure for Planning Commission Members

5.8 Appointment Procedure for Board and Committee Members Appointed by the Full Council

5.9 Attendance

5.10 Standards and Procedures and Conflicts of Interest

5.11 Conflicts with Federal, State or Local Law
3 | Page
SECTION 6: MEETINGS

6.1 Open to Public

6.2 Broadcasting of City Council Meetings

6.3 Regular Meetings

6.4 Cancelling Meetings

6.5 Special Meetings

6.6 Closed Sessions

6.7 Quorum

6.8 Minutes

6.9 Adjourned Meetings
SECTION 7: AGENDA CONTENTS

7.1 Mayor’s Responsibility

7.2 Description of Matters

7.3 Availability to the Public

7.4 Limitation to Act Only on Items on the Agenda

7.5 “Timing” of Agenda

7.6 Change in Order of Business

7.7 Agenda Request Policy
SECTION 8: PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

8.1 Role of Mayor

8.2 Rules of Order

8.3 Public Comment

8.4 Motions

8.5 Reconsideration

8.6 Discussion

8.7 Council Member Respect

8.8 Announcements.

SECTION 9: CLOSED SESSIONS

9.1 Purpose

9.2 Rule of Confidentiality

9.3 Breach of Rule of Confidentiality

9.4 Agenda

9.5 Permissible Topics

9.6 Rules of Decorum

9.7 Public Disclosure After Final Action
SECTION 10: DECORUM

10.1 Council Members

10.2 City Employees

10.3 Public

10.4 Noise in the Chambers

10.5 Removal

10.6 Dangerous Instruments

10.7 Prosecution
4 | Page
SECTION 11: ENFORCEMENT OF DECORUM
SECTION 12: VIOLATIONS OF PROCEDURES
APPENDIX A: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21st CENTURY)
5 | Page

CITY OF NEVADA CITY

CITY COUNCIL STANDARDS AND PROCEDURES
SECTION 1. GENERAL

1.1 Purpose. The purpose of these Standards and Procedures is to promote communication, understanding, fairness, and trust among the members of the City Council and staff concerning their roles, responsibilities, and expectations for management of the business of the City of Nevada City.

1.2 Values. Respect for each Council Member’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be practiced at all times. All Council Members shall respect each other’s right to disagree. All Council Members shall practice a high degree of decorum and courtesy. When addressing the public in any way, all Council Members shall make certain their opinions are expressed solely as their own, and do not in any way necessarily reflect the opinions of any other Council Member or the City.

1.3 Overview of Council responsibilities. The City of Nevada City is a General Law city of the State of California operating under the Council/Manager form of government and the City Manager’s duties shall define how the City Council and City Manager interact and perform their respective duties and responsibilities. The City Council has the following duties and responsibilities:
(a) Appointment of the City Manager and City Attorney. The City Council shall appoint the City Manager and the City Attorney. There should be an annual review for the City Manager and the City Attorney.
(b) Establishment of boards and appointment of members. The Council may appoint establish Boards, Commissions, and Committees, and by majority vote make appointments of members of all Boards, Commissions, and Committees. (c) Legislative decisions. The Council is the legislative body; its members are the community’s decision makers. Power is centralized in the elected City Council collectively and not in individual members of the Council. The City Council approves the budget and determines the public services. It focuses on the community’s goals, major projects and such long term considerations as community growth, financing and strategic planning. The City Council hires a professional City Manager to carry out administrative responsibilities and supervises the City Manager’s performance.

1.4 Overview of City Manager responsibilities. The City Manager is hired to serve the City Council and the community and to bring the benefits of education, training and experience in administering the City’s projects, programs, and public services on behalf of the City Council. The City Manager has the following among his or her duties:
6 | Page
(a) Preparation of a Recommended Budget.
(b) Recruitment, Hiring, and Supervision of Personnel, Contractors, and Consultants. (c) Implementation of the Council’s policies and programs and public services in an effective and efficient manner, providing professional advice on policy matters, intergovernmental affairs, economic development and environmental issues.

The City Manager follows the direction of the entire City Council and not individual members of the Council or the public, and serves at the sole discretion of the Council. (See Nevada City Municipal Code Chapter 2.08.)

1.5 Review. The City Council shall conduct a review of this document biennially, or whenever a new Council Member has been seated or Council deems necessary, to assist Council Members in being more productive in management of the business of the City. A new Council will consider the document within three months of its first regular meeting.

1.6 Ralph M. Brown Act. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with the Ralph M. Brown Act.

SECTION 2. MAYOR AND VICE MAYOR SELECTION PROCESS

2.1 Reorganization. In July of each year, the office of the Mayor and Vice Mayor (also known as Mayor Pro Tem)shall rotate based on the policy set forth in Nevada City Resolution Nos. 2007- 34 and 2012-23, as follows:
(a) The Mayor shall be the senior member who has not previously served in that capacity and the term of office shall be one year, without succession, beginning at the first regularly scheduled City Council meeting each July or the first meeting following certification of a City Council election.
(b) The Mayor Pro Tem shall be the next senior member who has not previously served as Mayor and the term of office shall run concurrent with that of the Mayor as described above.
(c) When two or more members have equal seniority and have not yet served as Mayor or Mayor Pro Tem, the order of succession shall be determined by the number of votes each member received at the time of their election. (d) The Mayor Pro Tem shall automatically succeed the Mayor each year, excepting that the Mayor Pro Tem may decline such succession. If the Mayor Pro Tem declines the position of Mayor, such office shall be extended to the next senior member in order, or by majority vote of the Council if all other members have served at least on year as Mayor.
7 | Page
(e) Once all seated members have served as Mayor, succession shall be based on a majority vote of the Council, recognizing that the term of office for each position shall be one year.

Members of the City Council who first took their seats on the Council more than twenty-three (23) months prior to the meeting at which the Mayor is being selected are eligible for Mayorship.

2.2 Appointment of Vacancy. In the event of a vacancy on the City Council, the Council may fill the vacancy either by appointment or special election as set forth in Government Code section 36512.

SECTION 3. ADMINISTRATIVE MATTERS

3.1 Attendance. City Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the City Manager or the Deputy City Clerk, and, if possible, the Mayor as a courtesy, if they will be absent from a meeting.

Failure to attend regular City Council meetings for sixty (60) consecutive days from the last regular meeting can result in your seat becoming vacant and filled accordingly. (Gov’t Code § 36513.)

3.2 Regional Boards. The role of the Council on regional boards will vary depending on the nature of the appointment. Representing the interests of Nevada City is appropriate on some boards; this is generally the case when other local governments have their own representation.

The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact the City of Nevada City. If an issue should arise, that is specific to Nevada City and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with a majority of the Council’s position.

Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council during properly posted Council meetings.

Council Members shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Council Member is unable to attend, he/she should notify his/her alternate as far in advance of the meeting as possible so as to allow the alternate to attend.

3.3 Distribution of Information. It is essential that every member of the City Council have the same information from which to form decisions and actions. Any information distributed to one Council Member shall also be distributed to all Council Members.

3.4 Reimbursement. Every effort shall be made to limit the need to reimburse Council Members for expenses. City Council Members may be reimbursed for personal expenses for travel to and lodging at conferences or meetings related to their role as a Council Member in 8 | Page
accordance with the current Travel and Meeting Reimbursement Policy adopted by the City Council. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. (See Nevada City Resolution 2014-12 and attached Travel and Meeting Reimbursement Policy.)
Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting. Reimbursement is conditioned on the submission of this report to the legislative body.

3.5 Ethics, Sexual Harassment and Anti-Bullying Training. Any member of the City Council and commissions, or advisory committees formed by the City Council, shall receive at least two hours of ethics training in general ethics principles and ethics laws (as mandated by AB 1234), two hours of sexual harassment prevention training (as mandated by AB 1825) and two hours of abusive conduct prevention training (as mandated by AB 2053) all relevant to his/her public service every two years. New members must receive this training within their first year of service and file a certificate of completion with the Deputy City Clerk. Members shall attend training sessions that are offered locally in the immediate vicinity of Nevada County or by completing online a state-approved public service ethics education program.

An individual who serves on multiple legislative bodies need only receive two hours of each of these trainings every two years to satisfy this requirement for all applicable public service positions. The City will use and recognize training coursesthat have been reviewed and approved by the Fair Political Practices Commission and the California Secretary of State.

The Deputy City Clerk is required to keep ethics training records for five years to document and prove that these continuing education requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.

3.6 City Mission and City Seal. The Mission of the City of Nevada City is a strategic document that reflects the values of our residents. The City Seal is an important symbol of the City of Nevada City. No change to the City Mission and/or City Seal shall be made without Council approval.

Pursuant to Government Code 40811, the City Clerk is the custodian of the City Seal. Individual councilmembers should not issue correspondence on City Letterhead or use the City Seal without authorization from the City Council or City Manager.

3.7 Use of Social Media and Email. See City of Nevada City’s general social media and email policies.

SECTION 4. COUNCIL RELATIONSHIP WITH STAFF

4.1 City Manager. City Council Members are always free to go to the City Manager to discuss City business. Issues concerning the performance of a Department or any employee must be directed to the City Manager. Direction to City employees, other than the City Manager or City Attorney, is the prerogative of the City Manager. In passing along critical information, the City Manager will be responsible for contacting all Council Members. The City Manager may delegate this responsibility to Department Heads. (See Nevada City Municipal Code Chapter 2.08.030.) 9 | Page

4.2 Agenda Item Questions. If a Council Member has a question on a subject, the Council Member is encouraged to contact the City Manager prior to any meeting at which the subject may be discussed. This does not restrict Council Members from asking questions during a Council meeting.

4.3 Interaction of City Council with Staff. The Council shall treat staff with respect and shall not abuse staff, nor embarrass staff in public. The City Council Members are to work through the City Manager on all issues, concerns and questions. This is to allow the senior professional staff, with the proper education, training, experience and knowledge of issues, laws and City Council’s policies to coordinate a full and complete response and reduce error or misunderstanding by staff members not necessarily knowledgeable on all issues. This can provide a better overall response, allow any new issues to properly be considered and avoid unintended redirection of staff efforts. Council Members may ask Department Heads for information. This informal system of direct communication is not to be abused. City Council Members shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy.

4.4 Individual Council Member’s Requests. Council Members shall make their reasonable requests for information to the City Manager. The amount of total staff time to be allotted to any reasonable request shall be determined by the City Manager at his/her discretion.

SECTION 5. PROCEDURES FOR APPOINTMENTS TO BOARDS/COMMISSIONS/COMMITTEES

5.1 Definitions.
(a) Task Force: A temporary grouping of individuals and resources for the accomplishment of a specific objective.
(b) Committee: A group of people officially delegated to perform a function, such as investigating, considering reporting, or acting on a matter. (c) Ad Hoc: Committees established for a specific purpose. Formed for or concerned with one specific purpose (e.g. ad hoc parking committee); for the particular end or case at hand without consideration of wider application; formed or used for specific or immediate problems or needs; often improvised or impromptu; contrived purely for the purpose in hand rather than carefully planned in advance. (d) Commission: A group of people officially authorized to perform certain duties or functions with certain powers or authority granted; the act of granting certain powers or the authority to carry out a particular task or duty; the rank and powers so conferred.

5.2 Recruitment Process.
(a) On or before December 31st of each year, the Deputy City Clerk shall prepare and post a list of all Council-appointed board, commission and committee terms that expire during the next calendar year in compliance with the state law (Government Code Sections 54970 et. seq.).
10 | Page
(b) The Deputy City Clerk shall annually advertise on the City’s website for applicants wishing to be considered for appointment to boards, commissions and committees. (c) All persons seeking appointment to a City board, commission or committee shall complete and submit an application form to the Deputy City Clerk as set forth in Section

5.6. Applications shall be kept on file for two years in the Deputy City Clerk’s office and vacancies may be considered from applications on file, as well as new applications. (d) Appointments made by the Council, except to the planning commission (see 5.7), are official only after the Council has submitted a completed application and appointment form to the Deputy City Clerk, the Deputy City Clerk has determined that the individual is eligible to serve and the Deputy City Clerk has provided proper notification to the appointed board, commission or committee member, and chair of the board, commission or committee. The Council may announce an appointment at a City Council meeting; however, such an announcement is not required for the appointment to become effective.
(e) If an unscheduled board or commission vacancy occurs during the term of the appointing Council Member and the Council Member so requests, the following steps should be taken to publicize vacancies on boards, commissions and committees:

1. Public announcement of the vacancy at a Council meeting.

2. A recruitment period of at least ten (10) days.

3. A vacancy notice posted at City Hall, Redbud Library, and on the City’s website for at least 20 days.

4. Announcements in the local media, such as press releases, online news outlets and free weekly sales papers.

5. Distribution to appropriate professional and community organizations and all groups that have requested notification.

5.3 Requirement for Appointment.
(a) All persons appointed to City boards, commissions and committees shall be residents of the City of Nevada City at the time of their appointment and shall remain so throughout their term of appointment. Should any person so appointed move from the City during their term of office, such office shall be forfeited. The Council shall, upon forfeiture, make a new appointment to fill the unexpired term.
(b) All persons appointed to City boards, commissions and committees should complete and submit an application form to the Deputy City Clerk as set forth in Section 5.6. (c) Except as provided by state or local statute, the appointee shall not be a current City employee or currently appointed to another City board, committee or commission.

5.4 Council Notification. By September 1 of each year, the Deputy City Clerk will notify the Council of expiring terms for members of those City boards, commissions, and committees appointed by the full Council.

Commented [RLW1]: NOTES: appointments made by
Council, except planning commission.
11 | Page

5.5 Incumbents.
(a) At the end of the first term, the incumbent board, commission or committee member may, at the discretion of the Council or appointing Council Member, be reappointed for an additional term without the need to apply or interview for re-appointment. In lieu of an application, the board, commission or committee member shall submit to the Deputy City Clerk a letter of interest in re-appointment 30 days prior to the expiration of the member’s first term.
(b) Any incumbent interested in re-appointment who has served two or more terms must apply for re-appointment as set forth in Section 5.6.

5.6 Application. Except as set forth in Section 5.5, all persons considered for appointment or re-appointment shall complete an application form. This application form must be received by the Deputy City Clerk by the required deadline.

5.7 Appointment Procedure for Planning Commission Members. This portion of the policy sets forth the procedure for appointments of Planning Commission Members consistent with Chapter 2.36 of the Nevada City Municipal Code.
(a) The Commission shall consist of five (5) members and each member of the City Council shall have the right to appoint one (1) Planning Commissioner. Planning Commissioners must be residents of Nevada City.
(b) Planning Commissioners serve at the will and pleasure of the City Council and shall take an oath of office at a regular City Council meeting before assuming office. (c) The normal term of each Planning Commissioner shall begin upon appointment and end no more than ninety (90) days after the appointing Council Member leaves office. In the event that a new Council Member takes, office earlier than ninety (90) days after the appointing Council Member leaves office, the new Council Member may appoint a new Planning Commissioner before the end of the ninety (90) day period above mentioned (said appointment shall be pursuant to Section 2.36.020 of the Nevada City Municipal Code). In the event that a new Council Member has not been seated within ninety (90) days of the appointing Council Member leaving office, the City Council may appoint a person to act as a temporary Planning Commissioner until a new Council Member is seated and appoints a Planning Commissioner.
(d) Any planning commissioner may be removed by a majority vote of the total voting members of the Council.
(e) In the event that a Planning Commissioner resigns, is removed or otherwise ceases to act as a Planning Commissioner, that vacancy shall be filled by the Council Member who originally appointed that Planning Commissioner.
12 | Page

5.8 Appointment Procedure for Board and Committee Members Appointed by the Full Council. This portion of the policy sets forth the procedure for appointments made by the full Council for boards and committees appointed by the full Council. (a) The council or a duly established ad hoc committee shall conduct interviews of all nominated candidates prior to appointment.
(b) If an unscheduled board or committee vacancy occurs prior to the expiration of the member’s term, the vacancy shall be noticed in compliance with the state law (Government Code Sections 54970- 54974).
(c) All persons appointed by the full Council to boards and committees serve at the pleasure of the Council and shall serve for the term indicated or until a successor has been appointed.
(d) Members of boards and committees appointed by the full Council shall be interviewed at a duly noticed open Council meeting and shall be selected by motion and majority vote of the Council.

5.9 Attendance.
(a) Board, commission and committee members are expected to regularly attend and participate on their respective boards, committees and commissions. (b) A board, commission or committee member whose attendance is less than seventy five (75%) of the required meetings over a period of a year may be subject to removal by the Council Member who appointed the person or the full Council if appointed by the Council. (c) The Council may grant an approved leave of absence for a board, commission or committee member for such reasons as the Council determines appropriate. During the approved leave of absence, the Council Member who appointed the person, or full Council, depending on how the person was appointed, may appoint a temporary person to fill the position.

5.10 Standards and Procedures and Conflicts of Interest. (a) Board, committee and commission members shall be expected to adhere to the Council Standards and Procedures.
(b) Board, committee and commission members shall comply with all state and local laws with respect to ethics and conflicts of interests to the extent that such laws apply to their position, including state and local requirements to timely file Statements of Economic Disclosure if the member is designated as a filer by state law or by the City’s Conflict of Interest Code. Boards, committees and commissions are generally subject to the Brown Act except for certain narrow circumstances outlined in Government Code 54952(b). The City Attorney should be consulted whenever there is a question on the transparency rules applicable to a particular board, committee or commission. 13 | Page
(c) Members of City boards, commissions or committees may not use their board, commission or committee position title for political endorsements.

5.11 Conflicts with Federal, State or Local Law. In case of a conflict between this section of the Standards and Procedure policy with federal, state or local law, such federal, state or local law shall be the controlling factor.

SECTION 6. MEETINGS

6.1 Open to Public. All meetings of the City Council whether regular, special, or study sessions, shall be open to the public, unless a closed session is held as authorized by law. All meetings shall be noticed as required to allow action to be taken by the Council.

6.2 Broadcasting of City Council Meetings. All regular Council meetings shall be scheduled in the Council Chambers to allow for web streaming and simulcast on the Public Education Government Access Channel, unless alternative arrangements to hold meetings in another location are made in compliance with the Brown Act

6.3 Regular Meetings. The City Council shall convene its regular City Council meetings at 6:30 p.m. on the second and fourth Wednesday of each month. The City Council may, as the Council deems necessary, cancel regular meetings provided that the City Council shall hold a regular meeting at least once each month pursuant to Government Code Section 56803. The regular 6:30 p.m. starting time of a council meeting can be varied by the City Manager with the concurrence of the Mayor.

6.4 Cancelling Meetings. Any meeting of the City Council may be cancelled in advance by majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed their unavailability to attend a meeting. The City Council may, as the Council deems necessary, cancel no more than four (2) Regular Meetings per calendar year (outside of the months of November and December which only have one meeting per month annually), by majority vote, provided, however, that the City Council shall hold a Regular Meeting at least once each month pursuant to Government Code Section 36805.

6.5 Special Meetings. A special meeting may be called at any time by a majority of the City Council or the City Manager in accordance with the Brown Act. Written notice of any such meeting must specify the purpose of the meeting. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.

The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to resolve City business. These meetings will be coordinated by the City Manager. Study sessions are scheduled to provide Council Members the opportunity to better understand a particular item. While Council may legally take action at any noticed meeting, generally no formal action is taken at study sessions. If action is to be taken at a study session, then the agenda will state that action may be taken. 14 | Page

6.6 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Manager and/or the City Attorney), to consider or hear any matter, which is authorized by law. The City Manager or any three Council Members may call closed session meetings at any time.

6.7 Quorum. Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If fewer than, three Council Members appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Council Member in the absence of the Mayor and Vice Mayor, or in the absence of all Council Members, the City Manager or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.

Business of the City Council may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non-urgency ordinances must receive three affirmative votes for approval.

6.8 Minutes. The Deputy City Clerk shall prepare action minutes of all public meetings of the City Council. Copies shall be distributed to each Council Member as part of the regular meeting agenda packet.

6.9 Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law.

SECTION 7. AGENDA CONTENTS

7.1 Mayor’s Responsibility. The Mayor is responsible for running a timely and orderly meeting. If the Mayor is unavailable to run a Council meeting, the Vice Mayor shall run the meeting. If the Mayor and the Vice Mayor are both unavailable to run a Council meeting, the Mayor shall designate another councilmember to run the meeting. If the Mayor is unavailable to make this designation, the Vice Mayor shall do so.

7.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration. As stated in Section 4.2, if a Council Member has a question on a subject, the Council Member should contact the City Manager prior to any meeting at which the subject may be discussed.

7.3 Availability to the Public. The agenda for any regular, special, or study session meeting, shall be made available to the public as required by law.

7.4 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
(a) Upon a majority determination that an “emergency situation” (as defined by State Law) exists; or
15 | Page
(b) Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that there is a need to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.

7.5 "Timing" of Agenda. Staff and/or the Mayor may "time" the agenda as a way for the Council to maintain a sense of how much time can be committed to any one item without going past an established ending time for the meeting.

7.6 Change in Order of Business. The City Manager, Mayor, or the majority of the Council, may decide to take matters listed on the agenda out of the prescribed order. Council Members shall be given the opportunity to ask questions about Consent Items for clarification without having them removed.

7.7 Agenda Request Policy. Requests for placement of items on the agenda by the public can be requested to the City Council during Public Comments for Items not on the Agenda. Any member of the Council may request that an item be placed on a future agenda by indicating their desire to do so under that portion of the City Council agenda designated, “Council Member Requested Items, Committee Reports and Future Agenda Items” Additionally, the City Manager may place items on the agenda. For requested items by the public and/or the City Council the majority of Council must agree on the addition of that item to a future agenda.

SECTION 8. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

8.1 Role of Mayor.
(a) The Mayor shall be responsible for maintaining the order and decorum of meetings.

It shall be the duty and responsibility of the Mayor to ensure that the rules of operation and decorum contained herein are observed. The Mayor shall maintain control of communication between Council Members and among Council, staff and public. The Mayor shall intervene when a Council Member, staff or other meeting participant is being verbally or otherwise attacked by a member of the public.
(b) Communication with Council Members:

1. Council Members shall request the floor from the Mayor before speaking.

2. When one member of the Council has the floor and is speaking, other Council Members shall not interrupt or otherwise disturb the speaker. (c) Communication with members of the public addressing the Council on agendized items

1. The Mayor shall open the floor for public comment as appropriate. 16 | Page

2. Council Members may question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak.

3. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Council Members and among Council Members and members of the public.

4. Members of the public shall direct their questions and comments to the Council.

8.2 Rules of Order. The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:
(a) A motion is not required prior to a general discussion on an agenda item. A pre-motion discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that takes into account what appears to be the majority position. (b) All motions require a second.
(c) A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
(d) A motion to amend may still be used.

The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority of the City Council Members present.

8.3 Public Comment.
(b) The limit for speakers will be up to 3 minutes, depending on the number of speakers.

Speakers are not allowed to delegate their time to another speaker without permission from the Mayor. The Mayor may limit the time to be spent on an item and may continue the item, with the approval of the majority of the Council, to a future meeting at his/her discretion. (c) Upon addressing the Council, each speaker is requested, but not required, to first state his/her name, whom they represent and/or city of residence. (d) After the speaker has completed their remarks, the Mayor may direct the City Manager or City Attorney to briefly address the issues brought forth by the speaker. Council Members shall be respectful of the speakers and shall not enter into a debate with any member of the public nor discuss amongst themselves.
(e) All Council Members shall listen to all public discussion as part of the Council’s community responsibility. Individual Council Members should remain open-minded to informational comments made by the public.
17 | Page
(f) The Mayor has the right to ask a member of the public to step down if over the allotted time or if the speaker’s comments are not within the city’s jurisdiction.

8.4 Motions. It will be the practice of the City Council for the Mayor to provide Council Members an opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, the Mayor or any Council Member may make a motion. Before the motion can be considered or discussed, it must be seconded. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Council Member recognized by the Mayor. Customarily, the Mayor will take the floor after all other Council Members have been given the opportunity to speak.

If a motion clearly contains divisible parts, any Council Member may request the Mayor or moving party divide the motion into separate motions to provide Council Members an opportunity for more specific consideration.

Tie Votes: Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when fewer than all members of the Council, who may legally participate in the matter are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

8.5 Reconsideration.
(a) Request for reconsideration.

1. Request by a member of the public.

Notwithstanding Rosenberg’s Rules of Order, a request for reconsideration may be made by a member of the public to the City Council at the next regular meeting of the City Council or at any intervening special meeting of the City Council.

2. Request by a member of the City Council.

Only a member of the City Council who voted on the prevailing side may request reconsideration. The request may be made at the same meeting or at the next regular meeting of the City Council or at any intervening special meeting of the City Council.

3. The member of the public or City Council Member making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments.
(b) Motion to reconsider any Council action.

1. Reconsideration at the same meeting.
18 | Page
A motion to reconsider an action taken by the City Council may be made at the same meeting at which the action was taken (including an adjourned or continued meeting). A motion to reconsider an action taken by the City Council may be made only by a Council Member who voted on the prevailing side, but may be seconded by any Council Member and is debatable. The motion must be approved by a majority of the entire City Council.

2. Reconsideration at a subsequent meeting.

If an intent to request a motion for reconsideration is communicated to the City Council prior to the deadline for posting the City Council meeting agenda, then the request for reconsideration may be agendized if support for said action exists in accordance with the Council Standards Section 10.8. Otherwise, no City Council discussion or action on a possible reconsideration may occur unless the item is appropriately added to the agenda pursuant to Government Code section 54954.2(b), which addresses adding items that are not listed on a posted agenda (urgency agenda item). At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion.
(c) Effect of approval of motion.

Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with the Government Code, the City Municipal Code and the Council Standards and Procedures. The Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.

8.6 Discussion.
(a) The discussion and deliberations at meetings of the City Council are to secure the mature judgment of Council Members on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate. 19 | Page
To the extent possible, Council Members should disclose any ex parte communication prior to discussion on an item. Ex parte communications are those made in private between an interested party and an official in a decision-making process.

Discussion and deliberation are regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.
(b) Obtaining the floor for discussion.

After the Council has commented on an issue, and a motion has been stated to the Council and seconded, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor. A member who has been recognized should make their comments clear, brief and concise. (c) Speaking more than once.

To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Council Member has already spoken, other Council Members wishing to speak shall then be recognized. No Council Member shall be allowed to speak a second time until after all other Council Members have had an opportunity to speak.
(d) Relevancy of discussion.

All discussion must be relevant to the issue before the City Council. A Council Member is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Council Members shall avoid repetition and strive to move the discussion along.

A motion, its nature, or consequences, may be attacked vigorously. It is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor to instantly rule out of order any Council Member who engages in personal attacks. It is the motion, not its proposer that is subject to debate.

Arguments, for or against a measure, should be stated as concisely as possible. It is the responsibility of each Council Member to maintain an open mind on all issues during discussion and deliberation.

It is not necessary for all City Council Members to speak or give their viewpoints if another Council Member has already addressed their concerns. Although issues with potential to be litigated or otherwise appealed should have comments by each Council Member on the record. (e) Mayor’s duties during discussion.

The Mayor has the responsibility of controlling and expediting the discussion. A Council Member who has been recognized to speak on a question has a right to the undivided attention of the Council.
20 | Page
It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

8.7 Council Member Respect. At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority.

8.8 Announcements. Council reports at the end of Council meetings shall be limited to announcing Mayor/Council related activities in which Council Members are involved, City and City-sponsored activities and items which directly affect the City. Community groups may announce their activities during Public Comments at the beginning of Council meetings. Council Members should refrain from making personal comments, stating personal activities, or items that do not impact their role as a Council Member.

SECTION 9. CLOSED SESSIONS

9.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Nevada City financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded.

Prior to convening the closed session meeting, the Mayor shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.

Council Members are to keep all information obtained during closed session in complete confidence. All written materials provided to councilmembers during closed session shall be returned to the City Manager at the conclusion of each closed session.

If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Council Member, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

9.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations.

Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose.

Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions. 21 | Page

9.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.

9.4 Agenda. The City Council agenda will contain a brief general description of the items to be discussed at the closed session, as required by law.

9.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M.

Brown Act. The City Attorney, or his/her designee, will advise in advance on topics that may be discussed in a closed session.

9.6 Rules of Decorum.
(a) The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Council Members to disagree. Council Members shall strive to make each other feel comfortable and safe to express their points of view. All Council Members have the right to insist upon strict adherence to this rule.
(b) Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Council Members.
(c) The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner

9.7 Public Disclosure After Final Action.
(a) The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council shall publicly report any final action taken in closed session, and the vote, including abstentions, at a publicly noticed meeting as follows:
* Real Estate negotiations: After the agreement is final and accepted by the other party; * Litigation: After approval to defend or appeal a lawsuit or to initiate a lawsuit; * Settlement: After final settlement of litigation or claims; * Employees: Action taken to appoint or dismiss a Council-appointed employee; * Labor relations: After the Memorandum of Understanding is final and has been accepted by both parties.
(b) The report may be oral or written. The report will state only the action taken and the vote. Unless authorized by the majority of the City Council, the report will not state the debate or discussion that occurred. Except for the action taken and the vote, all closed session discussions will remain confidential.
22 | Page
SECTION 10. DECORUM

10.1 Council Members. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Council Members shall accord the utmost courtesy to each other, City employees, and the public appearing before the City Council.

10.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Council Members and members of the public.

10.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Standards and Procedures shall apply to all City Council Meetings.

10.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. All cell phones and other electronic devices shall be muted while in the chambers. Refusal is grounds for removal.

10.5 Removal. Any member of the public making personal, impertinent, and/or slanderous or profane remarks, or who becomes boisterous or belligerent while addressing the City Council, staff or general public, or while attending the City Council meeting and refuses to come to order at the direction of the Mayor/Presiding Officer, shall be removed from the Council Chambers and may be barred from further attendance before the Council during that meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Mayor/Presiding Officer. The Mayor/Presiding Officer may order that such offenders be removed from the room.

10.6 Dangerous Instruments. No person may enter the chambers of a legislative body as defined in Section 54852 of the Government Code of the State of California or any place were such legislative body is in session, with any firearm, weapon, or explosive device of any nature.

The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons.

10.7 Prosecution. Aggravated cases shall be prosecuted on appropriate complaint to the City Prosecutor.

SECTION 11. ENFORCEMENT OF DECORUM
In extreme cases, such as when a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals as provided for in this Policy, the Mayor/Presiding Officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held 23 | Page
pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

SECTION 12. VIOLATIONS OF PROCEDURES
Nothing in these Standards and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.

This document shall remain in effect until modified by the City Council.

ADOPTED AT A REGULAR CITY COUNCIL MEETING ON MARCH 9, 2022

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 10
Subject: Update on Nevada County Courthouse Discussions to Maintain the Courthouse at its Current Location for Historic Preservation and Economic Stability
From: Sean Grayson, City Manager
Date: March 2, 2022
Reviewed & Approved:

Recommended Action: Hear verbal report with possible direction to staff and Mayor Strawser representing the City on the Judicial Council committee reviewing options for siting of a new county courthouse
This will be a verbal report from Mayor Strawser and staff.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 9, 2022 Agenda Item No. 11
Subject: Consideration of Resolution No. 2022-19: A
Resolution of the City Council of the City of Nevada City, California Celebrating the Success of the 2022 Nevada City Mardi Gras Parade and Fair and Affirming Support for and Commitment to a Safe, Just, Equitable, Diverse, and Inclusive Nevada City.

From: Councilmembers Fernandez and Petersen
via Sean Grayson, City Manager
Date: March 4, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt resolution
ISSUE STATEMENT AND DISCUSSION:

On February 27, 2022 the Mardi Gras Parade and Street Fair returned to the downtown Nevada City on after a hiatus caused by the COVID-19 pandemic. The attendance and atmosphere at the parade and street fair was tremendous. Unfortunately there were bigoted actions noted at the parade and fair that were inconsistent with the City’s established vision for inclusivity and denouncement of harmful hate speech.

On June 27, 2018 the Nevada City Council adopted Resolution No. 2018-47 that proclaimed in part:
• We wish it to be known that our city declares itself to be a hate-free zone. • We are a community that embraces a diversity in which we treat one another with human dignity and respect. This is a core value of our city.
• We proclaim that we remain committed to diversity and to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person without regard to race, color, sex, religion, ancestry, national origin, immigration status, marital status, age, disability, sexual orientation, gender identity, or familial status, and we declare that we denounce hate speech, hate crimes, harassment, racial bias, anti-Semitism, Islamophobia, anti-immigrant activity, and harmful bias and discrimination in all forms.

On January 12, 2022 the Nevada City Council adopted Resolution No. 2022-01 that adopted the mission and vision of the Ad Hoc, Justice, Equity, Diversity, and Inclusion Committee (Committee) established by Nevada County related to justice, equity, diversity, and inclusion:

The proposed resolution (attached) presented for consideration celebrates the success of the 2022 Mardi Gras Parade and Fair and affirms the previous actions of the City Council in support of a safe, just, equitable, diverse, and inclusive Nevada City.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Some future policy decisions may be influenced by the adoption of the resolution. There are no foreseen financial implications.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Resolution No. 2022-19

CITY OF NEVADA CITY
RESOLUTION NO. 2022-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, CELEBRATING THE SUCCESS OF THE 2022 NEVADA CITY MARDI

GRAS PARADE AND FAIR AND AFFIRMING SUPPORT FOR AND COMMITMENT

TO A SAFE, JUST, EQUITABLE, DIVERSE, AND INCLUSIVE NEVADA CITY WHEREAS, the Mardi Gras Parade and Street Fair returned to the downtown Nevada City on Sunday February 27th after a hiatus caused by the COVID-19 pandemic; and.

WHEREAS, the attendance at the parade and street fair was tremendous and the atmosphere served as fitting way for Nevada City to announce that it is open for business and reclaiming its place as a vibrant, uniquely beautiful small town that balances art and culture, historical preservation and progress; and
WHEREAS, there were bigoted actions noted at the parade and fair that were inconsistent with the City’s established vision for inclusivity and denouncement of harmful hate speech; and WHEREAS, on June 27, 2018 the Nevada City Council adopted Resolution No. 2018-47 that proclaimed in part:
• We wish it to be known that our city declares itself to be a hate-free zone. • We are a community that embraces a diversity in which we treat one another with human dignity and respect. This is a core value of our city. • We proclaim that we remain committed to diversity and to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person without regard to race, color, sex, religion, ancestry, national origin, immigration status, marital status, age, disability, sexual orientation, gender identity, or familial status, and we declare that we denounce hate speech, hate crimes, harassment, racial bias, anti-Semitism, Islamophobia, anti-immigrant activity, and harmful bias and discrimination in all forms.

WHEREAS, the Nevada City Council has participated fully in the Ad Hoc, Justice, Equity, Diversity, and Inclusion Committee (Committee) established by Nevada County; and WHEREAS, on January 12, 2022 the Nevada City Council adopted Resolution No. 2022- 01 that adopted the Committee’s community-wide vision and mission related to justice, equity, diversity, and inclusion:

Vision: We envision a vibrant, equitable Nevada County. A place where all residents thrive, visitors feel welcome, and we care for one another despite our differences. There is equal and fair access to resources, opportunities are abundant, and everyone does their part to embrace collective responsibility and take actions that uphold racial and social equity.

Mission: We inspire and lead our cities, town, and county to take actions to dismantle systemic racism in our communities and make way for a more vibrant and equitable Nevada County. We accomplish this by:
• Engaging with and listening to those most impacted by racial inequity • Defining the critical issues
• Educating ourselves
• Creating public awareness
• Designing policies and programs to address these issues; and WHEREAS, the Nevada City Council has adopted this Vision and Mission as guiding principles for the City when developing policies and making decisions so that all residents and visitors, civic entities, local businesses, nonprofits, and community groups experience the benefit of these principles; and
WHEREAS, supports open discourse that includes differences in and diversity among political, policy, and emotional perspectives; and
WHEREAS, Nevada City Council desires to embrace these values as it looks forward to future events and activities that are safe, inclusive and aligned with the community’s values; and WHEREAS, the Nevada City Council, by this resolution encourages the Nevada County Ad Hoc, Justice, Equity, Diversity, and Inclusion Committee including representation from the City of Grass Valley, the Town of Truckee and the County of Nevada also to affirm its support for and commitment to communities that are just, equitable, diverse, inclusive and include events that share and display these values.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nevada City that it celebrates the success of the 2022 Mardi Gras Parade and Street Fair and affirms its support for and commitment to a safe, just, equitable, diverse, and inclusive Nevada City.

PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council on the 9th day of March 2022 by the following vote.

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Duane Strawser, Mayor
ATTEST:
_____________________________
Niel Locke, City Clerk
3/4/22, 5:36 PM Gmail - Unagendized Public Comment: Public access to Council https://mail.google.com/mail/u/0/?ik=732f8acaa7&view=pt&search=all&permthid=thread-f%3A1726336180522945051%7Cmsg-f%3A1726336180522… 1/1 Nevada City <[email protected]>
Unagendized Public Comment: Public access to Council
1 message
Miriam Morris <[email protected]> Thu, Mar 3, 2022 at 6:54 PM To: [email protected]
Happy March Council Members,
I feel like we are turning a corner, don’t you? Hopefully, toward a great and empowered future.

I watched the very good training the Planning Commission had on Friday with Scott Porter helping them understand the legal points of their position. One part particularly struck me when Mr. Porter admonished the commissioners “Don’t play with your phones!”
The council has in many instances allowed people to email or text during the meetings, weighing in on topics under consideration. This has always seemed very unfair because public comment has very defined limitations. When people have special access, that creates inequity. The council should know, too, that all those texts and emails are part of the record and even though they are on personal devices can be requested by the public.

I think all outside communications during meetings should be prohibited, except for emergencies. The council is supposed to read written public comment, listen to public comments during the public comment period and then deliberate without more comment trickling in through their devices.

I am really surprised the city’s lawyer has not talked with council about this.

Transparency is of vital importance. BTW, it would be great if written public comment was available for the public on the city’s website.

Thank you,
Miriam Morris
Nevada City
3/9/22, 2:22 PM Gmail - Public Comment for Item Business Item 11 https://mail.google.com/mail/u/0/?ik=732f8acaa7&view=pt&search=all&permthid=thread-f%3A1726858977371804883%7Cmsg-f%3A1726858977371… 1/1 Nevada City <[email protected]>
Public Comment for Item Business Item 11
1 message
Alison Lehman <[email protected]> Wed, Mar 9, 2022 at 1:23 PM To: "[email protected]" <[email protected]> Cc: Sean Grayson <[email protected]>
Hello,
On behalf of the Equity & Inclusion Leadership Alliance (EILA) please see our letter of support for Reso No 2022-19. We respectfully request you to read it into the record during your March 9 meeting.

Thanks,
Alison
Alison Lehman, County Executive Officer
Nevada County
Phone: 530.265.1290
Cell: 530.575.7977
www.mynevadacounty.com
EILA Letter to Nevada City F.pdf
116K
March 8, 2022
Dear City Council Member of Nevada City,
Equity & Inclusion Leadership Alliance (EILA) supports Nevada City’s Resolution celebrating the success of the 2022 Nevada City Mardi Gras Parade and supports and applauds the City’s commitment to a safe, just, equitable, diverse, and inclusive Nevada City.

EILA represents local leaders and community members committed to reducing racism, racial bias, and inequity in Nevada County. Our commitment to this goal goes beyond the current positions we hold.

We support Nevada City’s commitment to:
• Declare the city to be a hate-free zone.
• Embrace diversity in which we treat one another with human dignity and respect. • Remain committed to diversity and to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person without regard to race, color, sex, religion, ancestry, national origin, immigration status, marital status, age, disability, sexual orientation, gender identity, or familial status, and we declare that we denounce hate speech, hate crimes, harassment, racial bias, anti-Semitism, Islamophobia, antiimmigrant activity, and harmful bias and discrimination in all forms.

Thank you for your leadership and for upholding a vision of a vibrant, equitable Nevada City.

Sincerely,
Michelle Amador - Musician/Nevada County Arts Council Board Member Debra Ellis, BIPOC Coalition
Donn K. Harris, CFO, Color Me Human
Alex Gammelgard, Police Chief, City of Grass Valley
Daryl Grigsby, Board Chair, Color Me Human
Scott W Lay – Nevada County Superintendent of Schools
Alison Lehman, County Executive Officer, County of Nevada Brett W. McFadden, Superintendent, Nevada Joint Union High School District Shannan Moon, Sheriff, County of Nevada
Tracy Pepper, Founder/Executive Director, Color Me Human 3/9/22, 2:25 PM Gmail - Public Comment for Item Business Item 11 https://mail.google.com/mail/u/0/?ik=732f8acaa7&view=pt&search=all&permthid=thread-f%3A1726859662341204936%7Cmsg-f%3A1726859662341… 1/2 Nevada City <[email protected]>
Public Comment for Item Business Item 11
1 message
Jeffrey Thorsby <[email protected]> Wed, Mar 9, 2022 at 1:34 PM To: "[email protected]" <[email protected]> Cc: Heidi Hall <[email protected]>
Hello,
On behalf of Supervisor Heidi Hall and the Nevada County Justice, Equity, Diversity, and Inclusion (JEDI) Ad Hoc Subcommittee, please see the attached letter of support for Reso No 2022-19. We respectfully request you to read it into the record during your March 9 meeting.

Thank you so much,
Best Regards,
Jeffrey Thorsby
Senior Management Analyst
Nevada County Board of Supervisors
950 Maidu Ave, Ste. 200
Nevada City, CA 95959
Office: 530-265-7247
Mobile: 530-913-0794
E-mail: [email protected]
3/9/22, 2:25 PM Gmail - Public Comment for Item Business Item 11 https://mail.google.com/mail/u/0/?ik=732f8acaa7&view=pt&search=all&permthid=thread-f%3A1726859662341204936%7Cmsg-f%3A1726859662341… 2/2 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

Public Comment_County of Nevada_JEDI Ad Hoc Statement of Support.doc 42K

PUBLIC COMMENT

FOR IMMEDIATE RELEASE
Julie Patterson Hunter, 3/09/2022
Clerk of the Board
Eric Rood Administrative Center
950 Maidu Avenue, Suite 200
Nevada City, CA 95959-8617
(530) 265-1480
(530) 265-9836 Fax
RE: Statement of Support for Nevada City Resolution supporting Equity & Inclusion The Nevada County Justice, Equity, Diversity, and Inclusion (JEDI) Ad Hoc supports and affirms Nevada City’s Resolution celebrating the success of the 2022 Nevada City Mardi Gras Parade and affirming support for the commitment to a safe, just, equitable, diverse, and inclusive Nevada City.

The JEDI Ad Hoc consists of elected officials from Nevada County, Town of Truckee, Nevada City, and Grass Valley and are committed make way for a more vibrant and equitable Nevada County.

The proposed Resolution is in alignment with the Equity and Inclusion Value statement recently adopted by government agencies which states the following:
“We strive to be a community where all residents thrive, visitors feel welcome and we care for one another despite our differences. There is equal and fair access to resources, opportunities are abundant, and everyone does their part to embrace collective responsibility and take actions that uphold racial and social equity.” # # # # # # # # Word Count: 149
3/11/22, 10:11 AM Gmail - Public Comment. Please Read.
https://mail.google.com/mail/u/0/?ik=732f8acaa7&view=pt&search=all&permthid=thread-f%3A1726506282617971467%7Cmsg-f%3A1726506282617… 1/1 Nevada City <[email protected]>
Public Comment. Please Read.
1 message
Robert Stone <[email protected]> Sat, Mar 5, 2022 at 3:58 PM To: [email protected]
City council members,
As a member of the Nevada City/Grass Valley community I would like to express, in the clearest of terms, my outrage at the presence of white nationalist extremists at the recent Mardi Gras gathering. We bring up the idea of "freedom of speech" often in this community, and I would urge us all to reflect on how our speech may infringe on the freedom of others to feel safe and included in the community that our labor supports economically. The revenue generated from fees and taxes paid by the wage workers and small business owners in Nevada City come primarily from the accommodation industry, and the presence of violent extremists directly impacts the perception of this community to the wider public that may consider spending their time and money here. I bring up the economic side of this issue only because the language of dollars and cents seems to be the sole form of interpretable communication between those with power to make decisions that affect change and those of us that are impacted by those decisions. In actuality the economic aspect should be secondary to the social degradation and erosion of respect caused by allowing hate groups to flash symbols of white supremacy at what is supposed to be a gathering of all genders, races, religions and political alignments.

There is a troubling pattern in Nevada County of right wing radicals using violence and intimidation to harass public servants, shape public school curriculums and create a generally hostile environment for anyone that doesn't fit into their narrow definition of what should be acceptable in society. Sadly, those with the power to enact state-sanctioned force, and of whom I wish I could say were all long-term members of this community, the police, are more likely to spend our tax money persecuting the unhoused, low income and mentally unstable among us rather than to take decisive action in subduing fascistic, hate-filled rhetoric in our public spaces. I urge and demand that every action within your power be taken to establish a firm, effective and lasting policy against hate speech, political violence and coercion over every square inch of land that you've been entrusted with jurisdiction over. I, and many others that will not be submitting a public comment, do not appreciate empty platitudes without substantive action, and we will remember who supports us and who doesn't when we cast our votes. I do not feel safe here. Take steps to change that.

Whole-heartedly and sincerely,
a member of the voting public

Nevada City City CouncilMarch 9, 2022

Nevada City City Council
March 9, 2022