Agenda packet, regular meeting, first session — Nevada City City Council, May 11, 2022

Regular Meeting
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY May 11, 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. Conference with Real Property Negotiators (§54956.8) Property: 15786 Airport Road, Nevada City (APN: 004-060-059) Negotiator: City Manager Sean Grayson
Negotiating Parties: City of Rialto; WRLS Consulting
Under Negotiations: Initial Proposal for Telecommunications Facility WEDNESDAY May 11, 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. 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 please dial *9 to “RAISE HAND”

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
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Java John’s
Proclamation: A Proclamation Honoring the Grand Opening and Ribbon Cutting of Leni’s Beauty Apothecary
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 April 27, 2022 Regular Meeting
Recommended Action: Review and approve

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

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

4. Building Activity Report—April 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. Consideration of the Special Event Street Closure Request for Pride Flag and Dance Events
Recommended Action: Review, approve, and authorize the street closure requests per the submitted applications

7. Consideration of the Purchase of Chlorine Tabs from Aqua Source in an Amount Not-To-Exceed $5,566.14
Recommended Action: Approve the purchase authorization
CONSENT ITEMS FORWARD: Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

BUSINESS

8. Consideration of a Request from Magic Lantern Corporation DBA Nevada City Film Festival for Use of Pioneer Park Bandstand and Adjacent Field for the “Movies Under the Pines” Outdoor Film Exhibition June 10 & 24, July 8 & 22, and August 12 & 26, 2022 and In-Kind Sponsorship of Event by Waiver of Fees
Recommended Action: Approve use of Pioneer Park Band Stand and Authorize In-Kind Sponsorship of the event by waiving use fees in the amount of $1,080.

9. Consideration of Adopting Resolution No. 2022-30: A Resolution of the City Council of the City of Nevada City Establishing a New Social Media Policy by Superseding and Replacing Resolution 2018-32
Recommended Action: Adopt the resolution and direct the implementation of the new policy.

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.

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.

Certification of Posting of Agenda
I, Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk for the City of Nevada City, declares that the foregoing agenda for the May 11, 2022 Regular Meeting of the Nevada City City Council was posted May 6, 2022 at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed May 6, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk Regular Meeting
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY May 11, 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.

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

1. Public Television Channel 17

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 please dial *9 to “RAISE HAND”

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 April 27, 2022 Regular Meeting
Recommended Action: Review and approve

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

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

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

BUSINESS

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.

Signed May 6, 2022 at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Administrative Services Manager/Deputy City Clerk Honoring the Grand Opening and Ribbon Cutting of Java John’s

PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Java John’s is open for business at 306 Broad Street; and WHEREAS, Java John’s, under its new ownership, continues the 28 yeartradition of a coffee shop presence at the location in the historic downtown; and
WHEREAS, Java John’s is Nevada City’s longest running coffeehouse having been persisted through three owner transitions, a neighborhood fire, and a pandemic; and WHEREAS, Elizabeth Raiche isthe owner/proprietor of Java John’s having moved back to the area in 2018; and
WHEREAS, Elizabeth has made Java John’s “Everyone’s Coffeehouse” in pursuit of her dream of, “no longer having bad managers and working for a corporate entities”; and WHEREAS, a grand opening and ribbon cutting ceremony will be held at Java John’s on June 19, 2022 at 4pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Java John’s; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Java John’s and urges those who visit, live, work, and play in Nevada City to Eat Local by patronizing Java John’s and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on June 19, 2022.

Dated this 11th day of May 2022
______________________________________
Duane Strawser
Mayor

Honoring the Grand Opening and Ribbon Cutting of Leni’s Beauty Apothecary

PROCLAMATION
WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Leni’s Beauty Apothecary is open for business at 308 ½ Broad Street; and WHEREAS, Leni’s Beauty Apothecary, while new as a business, continues the more than 150 year history of a shop presence at the location in the historic downtown; and WHEREAS, Leni Russ is the owner/proprietor and namesake of Leni’s Beauty Apothecary having opened her own business after 26 years of serving Nevada City’s beauty needs; and WHEREAS, Leni has stated that having a, “beauty apothecary means providing healing hair care services and using clean and safe products always!”; and
WHEREAS, a grand opening and ribbon cutting ceremony will be held at Leni’s Beauty Apothecary on June 19, 2022 at 4pm; and
WHEREAS, the grand opening and ribbon cutting ceremony will be an opportunity for the City, community, visitors, and other businesses to visit and enjoy Leni’s Beauty Apothecary; and WHEREAS, the City Council and the City of Nevada City wish to recognize and applaud businesses as investors in our community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby honor the opening of Leni’s Beauty Apothecary and urges those who visit, live, work, and play in Nevada City to Spend Local by patronizing Leni’s Beauty Apothecary and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on June 19, 2022.

Dated this 11th day of May 2022
______________________________________
Duane Strawser
Mayor

1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF APRIL 27, 2022
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 – 6:31 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 Minett, seconded by Fernández to adopt the agenda as presented. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández PRESENTATIONS: None
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 March 9, 2022 Regular Meeting
Recommended Action: Review and approve

2. Action Minutes April 13, 2022 Regular Meeting
Recommended Action: Review and approve

3. Fire Activity Report—March 2022
Recommended Action: Receive and file
2 4. 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

5. Consideration of Adoption of Resolution No. 2022-26: A Resolution of the City Council of the City of Nevada City Approving Compensation Ranges for Authorized Positions Recommended Action: Adopt the resolution

6. Consideration of Adoption of Resolution No. 2022-27: A Resolution of the City Council of the City of Nevada City Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act Of 2017.

Recommended Action: Adopt the Resolution which approves the list of projects appoints the City Manager to execute all documents, and authorizes the the City Engineer to execute and submit all technical items for the funds.

7. Consideration of Adoption of Resolution No. 2022-28: A Resolution of the City Council of the City of Nevada City Authorizing the Grant Application, Acceptance, and Execution for the Well Irrigation and Treated Water Use Reduction Project Recommended Action: Adopt the resolution

8. Request Approval to Purchase Submersible Mixer Pumps from Pac Machine Company in the amount of $17,858.72 for Nevada City Wastewater Plant Aeration Basins.

Recommended Action: Approve purchase of submersible mixer pumps Action: Motion by Fernández, seconded by Minett to approve Consent Items 1-8. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández PUBLIC HEARINGS - None

BUSINESS

9. Discussion to Consider an Extension of Permitting for Temporary Outdoor Dining, Temporary Tents, and Process for a Possible Permanent Ordinance Pertaining to Outdoor Dining in the City Right-of-Way
Recommended Action: Discuss and determine whether to extend the permitting for continued outdoor dining and whether to direct staff to initiate a permanent ordinance pertaining to outdoor dining in the City right-of-way.

Action: Motion by Fleming, seconded by Minett to approve Extend Temporary outdoor dining until September. Direct Staff to initiate permanent ordinance. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández 3 10. Request Approval to Purchase a Police Vehicle from the City of Grass Valley and Authorize Expenditures for Vehicle Engine Replacement
Recommended Action: Approve the purchase and authorize the expenditures Action: Motion by Petersen, seconded by Fernàndez to approve purchase of Police vehicle. (Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández

11. Consideration of Adoption of Resolution No. 2022-29: Resolution of Intent of the City of Nevada City To Annex Properties on Old Downieville Road and on State Highway 49 Recommended Action: Adopt the Resolution approving an Intent to Annex those properties shown on Resolution Exhibit A
Action: Motion by Petersen, seconded by Fernàndez to Adopt the Resolution approving an Intent to Annex those properties shown on Resolution Exhibit A.
(Approved 5-0, - Roll call votes ayes; Minett, Strawser, Petersen, Fleming, Fernández CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:03 PM
AYES:

NOES:

ABSTAIN:

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

Date Record Number Record Type Description Address Status Short Notes 4/29/2022 22TMP-002254 Full Review Remodeling of existing active senior housing building to hotel rooms including mechanical, plumbing, and
400 RAILROAD AVENUE, Nevada City
CA 95959
4/27/2022 221584 Full Review DIGITAL: New commercial building, 1597sf, single story coffee shop/cafÃ© with additional 340sf patio with
pergola.Includes 9 inspections.
375 HOLLOW WAY, Nevada City CA
95959
In Review Commercial New
Commercial
4/26/2022 221566 Express Permit Install On Demand Hot Water Heater.This permit includes one inspection. Final inspection required.
107 COYOTE STREET, Nevada City CA
95959
Issued Residential Plumbing -
One Inspection
4/26/2022 221541 Express Permit Digital. HVAC changeout.This permit includes one inspection. Final inspection required.
340 BRIDGE WAY, Nevada City CA
95959
Issued Residential
Mechanical
4/26/2022 221560 Express Permit Digital. Residential HVAC Changeout using existing ductwork (not changes of ductwork) Installing (2)
Fujitsu Ducted Mini Split units. (1) 18K to serve
downstairs (1) 9K to serve master suite. All new
345 NILE STREET, Nevada City CA
95959
Issued Residential
Mechanical
4/25/2022 22TMP-002141 Express Permit gass line for new gas stove appliance 626 ZION STREET, Nevada City CA 4/25/2022 221532 Express Permit Digital. Furnace replacement and AC add on. Add 1 new return, new ductsnew 220v circuit to existing
electrical, new disconnect box and whip to
521 NURSERY STREET, Nevada City CA
95959
Issued Residential
Mechanical
4/22/2022 221504 Over the Counter
Permit
Replace residential electrical service.Includes 2
inspections.
811 OLD WASHINGTON ROAD,
Nevada City CA 95959
Issued Residential Electrical
4/21/2022 LEG22-0048 Building Legacy Permit ORIG BP# 65002982. Reroof permit 310 DRUMMOND STREET, Nevada City CA 95959
Closed Residential Reroof
4/21/2022 221494 Express Permit Digital. Replace existing heating and cooling equipment. System located in/ side of house. All new
heating and cooling components.This permit includes
112 GROVE STREET, Nevada City CA
95959
Issued Residential
Mechanical
4/20/2022 221474 Full Review Install inground endless swim therapy spa with heat approx 3500 gl or 120sfThis permit includes 2
inspections. Additional inspections to be paid at
120 PARKSIDE PLACE, Nevada City CA
95959
Issued Residential Pool/Spa
4/20/2022 221480 Express Permit Digital. We just need an inspection of the a power line that was repaired by City Public Works Employees, so
that PGE will re-connect the power to the Picnic Area
in Pioneer Park.This permit includes two inspections.
425 NIMROD STREET, Nevada City CA
95959
Finaled Commercial Electrical
4/13/2022 221406 Express Permit DIGITAL - Installing 6.12kW AC PV system on roof of house;17 360W panels;PERMIT INCLUDES 2
802 LINDLEY AVENUE, Nevada City CA
95959
Issued Residential Solar
Array
Building Activity Report for April 2022
4/13/2022 221391 Express Permit DIGITAL - Removal of existing composition roofing. installing new Class A Cool Composition roofing. No
ducts in attic. Adding Radiant Barrier sheeting over
114 BOULDER STREET, Nevada City CA
95959
Issued Residential Reroof
4/12/2022 221367 Express Permit Digital. Replace existing heating and cooling equipment. System located in/ side of house. All new
heating and cooling components.This permit includes
221 WOODPECKER LANE, Nevada City
CA 95959
Issued Residential
Mechanical
4/12/2022 221364 Express Permit Replace toilet, sink and shower fixtures - repair drywall - replace light fixtures - replace flooring throughout -
233 BROAD STREET, Nevada City CA
95959
Void Residential Electrical
4/12/2022 221385 Express Permit DIGITAL - Replace ductless mini-split. System located inside of house PERMIT INCLUDES 1 INSPECTION
627 SPRING STREET, Nevada City CA
95959
Issued Residential
Mechanical
4/12/2022 221370 Express Permit DIGITAL - (16) SunPower SPR-X22-360-E-AC 360w modules with integrated micro-inverters(1) SunPower
PVS6 monitoring system(1) Invisimount roof mount
racking system(1) 200A Main Electrical Panel
545 EAST BROAD STREET, Nevada City
CA 95959
Issued Residential Solar
Array
4/8/2022 221321 Over the Counter
Permit
Replace & upgrade interior electrical subpanel to 200
amps with 2 new plugs for future T.I. under separate
permit. Owner to provide proof of sewer backflow
232 COMMERCIAL STREET, Nevada
City CA 95959
Issued Commercial Electrical
4/7/2022 221299 Express Permit Replace meter main panel. Like for like. 200 amp.

Replace Zinsco sub panel and move to new main.This
permit includes 2 inspections. Final inspection
123 NIVENS LANE, Nevada City CA
95959
Issued Residential Electrical
4/6/2022 221275 Express Permit Digital. Replace existing heating and cooling equipment. System located in/ side of house. All new
heating and cooling components.This permit includes
330 ALEXANDER STREET, Nevada City
CA 95959
Finaled Residential
Mechanical
4/6/2022 221277 Express Permit Replace HVAC system and ductwork 233 BROAD STREET, Nevada City CA Received Commercial 4/6/2022 221294 Express Permit DIGITAL - Install 14 kW Generac generator, 5.04 kW Solar rooftop; 12 420W panels and back up battery.

Permit 171051 to be finaled before final inspection on
611 WEST BROAD STREET, Nevada
City CA 95959
Issued Residential Solar
Array
4/6/2022 221291 Express Permit Meter main electrical panel replacement. 100 amp (E) to 200 amp (N).This permit includes 2 inspections.

Final inspection required.
662 EAST BROAD STREET, Nevada City
CA 95959
Issued Residential Electrical
4/5/2022 221264 Full Review Convert (E) garage into ADU - accessory dwelling unit. 336 SF.This permit includes 8 inspections. Final
inspections required.Nevada City approved. School
fees apply.
624 NIVENS LANE, Nevada City CA
95959
Issued Residential Second
Dwelling
4/4/2022 221233 Express Permit Digital. Replace existing heating and cooling equipment. System located in/ side of house.All new
heating and cooling components. This permit includes
one inspection. Final Inspection required.
424 CROSS STREET, Nevada City CA
95959
Issued Residential
Mechanical
4/4/2022 221231 Express Permit Digital. Replace existing heating and cooling equipment. System located in/ side of house.All new
heating and cooling components. This permit includes
one inspection. Final Inspection required.
123 NIVENS LANE, Nevada City CA
95959
Issued Residential
Mechanical
4/4/2022 221232 Express Permit Digital. Replace existing heating and cooling equipment. System located in/ side of house.All new
heating and cooling components. This permit includes
one inspection. Final Inspection required.
13 TURPENTINE DRIVE, Nevada City
CA 95959
Issued Residential
Mechanical
4/4/2022 221215 Express Permit DIGITAL - (12) SunPower SPR-X22-360-E-AC 360w modules with integrated micro-inverters(1) SunPower
PVS6 monitoring system(1) Invisimount roof mount
racking systemThis permit includes 2 inspections.
341 CLAY STREET, Nevada City CA
95959
Issued Residential Solar
Array
4/1/2022 221207 Full Review Storm: Tree damaged roof: Rebuild gable wall and roof assembly on existing residence. This permit includes 6
inspections. Additional inspections to be paid at
current rate. Final inspection required.
424 NIMROD STREET, Nevada City CA
95959
Issued Residential Remodel
4/1/2022 221201 Express Permit DIGITAL - 1.9 kW roof mounted solar This permit includes two inspections.
416 BROAD STREET, Nevada City CA
95959
Issued Residential Solar
Array

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 11, 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: May 6, 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 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: May 11, 2022 Agenda Item No. 06
Subject: Consideration of the Special Event Street Closure Request for Pride Flag and Dance Events
From: Sean Grayson, City Manager
Date: March 4, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted applications
ISSUE STATEMENT AND DISCUSSION:

On April 22, 2022, the City received an application for a Pride Flag Raising Event on May 31, 2022 to be hosted by the Nevada City Chamber of Commerce and a companion Pride Street/Dance Fair on June 11, 2022 to be privately hosted with logistical support from the Chamber. The proposed event hours are 6:30pm to 7:30pm with setup beginning at 6:00pm and take down by 8:00pm for May 31, 2022 and 5:30pm to 8:30pm with setup beginning at 5:00pm and take down by 9:00pm for June 11, 2022.

The proposed street closure for the May 31, 2022 event includes:
- York Street between Broad Street and Commercial
The proposed street closure for June 11, 2022 follows the footprint of the Farmer’s Market and extension onto Commercial street and includes:
- Union Street between Broad Street and Main (and Robinson Plaza) - Commercial Street between Pine Street and Main
A summary of the specific event characteristics and recommended staff conditions are included in the application packet. Insurance information has not been provided but must be submitted prior to each event per the City’s application/contract.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The total fees to be collected if the application is approved are $225.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Street Closure/Special Event Application and staff conditions

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 11, 2022 Agenda Item No. 07
Subject: Consideration of the Purchase of Chlorine Tabs from Aqua Source in an Amount Not-To-Exceed $5,566.14
From: Dawn Zydonis, Parks & Recreation Manager
Date: May 6, 2022
Reviewed & Approved: STG
Recommended Action: Approve the purchase authorization
ISSUE STATEMENT AND DISCUSSION:

The City uses a variety of chemicals to maintain the health and swimability of the swimming pool. These chemicals are generally consumed within six months of purchase. The overall cost of pool chemicals has increased dramatically in the last 18 months. The City uses All Seasons Pools and Spas in Grass Valley as its vendor for pool chemicals based upon purchase price and the low delivery cost related to their proximity to Nevada City. The chlorine tabs are purchased from Aqua Source Commercial Pool Systems because the tabs from All Seasons are not compatible with the City pool chlorinating system. The City has ordered its first round of chlorine tabs for this pool season as identified in the invoice.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The purchase will be funded from the fiscal year 2021/22 budget Pool Chlorine and Chemical fund.

ENVIRONMENTAL CONSIDERATIONS:

None
LEGAL REVIEW:

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

ATTACHMENTS:

Invoice for Chlorine Tabs

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 11, 2022 Agenda Item No. 08
Subject: Consideration of a Request from Magic Lantern
Corporation DBA Nevada City Film Festival for Use of
Pioneer Park Bandstand and Adjacent Field for the
“Movies Under the Pines” Outdoor Film Exhibition June
10 & 24, July 8 & 22, and August 12 & 26, 2022 and InKind Sponsorship of Event by Waiver of Fees From: Sean Grayson, City Manager
Date: May 5, 2021
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve use of Pioneer Park Band Stand and Authorize In-Kind Sponsorship of the event by waiving use fees in the amount of $1,080 ISSUE STATEMENT AND DISCUSSION:

The Magic Lantern Corporation DBA Nevada City Film Festival has submitted an application for use of the Pioneer Park bandstand and adjacent filed on June 10 & 24, July 8 & 22, and August 12 & 26, 2022 for its annual film festival.

The last festival was in 2021 and the city council authorized in-kind sponsorship of the summer movie series by waiver of the fees charged for use of the facility as it had done for the previous four years.

Unfortunately all of the dates were not executed on in 2021 due to the pandemic. The applicant is again requesting a waiver of the fees as an in-kind sponsorship of the festival and based on past action and the projected fiscal benefit to the city. This includes the waiver of fees for three individual events with the festival paying the regular fees for the remaining three individual events. Staff recommends approval of the request.

Attached is a guide to the positive impact the festival is anticipated to have on the local economy that totals over $70,000. The amount of fee waiver is $1,080.

Staff reviewed the application and recommends approving the street closure based on the following conditions:
• 72 hour “No Parking” notices are to be placed on the parking spaces located in the closure area by the applicant
• A 14 foot fire lane must be maintained throughout the closure • No parking in red zones
• No blocking of fire hydrants
• Provide alcohol permit
FINANCIAL AND/OR POLICY IMPLICATIONS:

The certificate of insurance required by city and CIRA (California Intergovernmental Risk Authority) policy has not been received but will be submitted prior to the event(s). The fee waiver is $1,080 as an inkind sponsorship but with the potential positive impact on the local economy in excess of $70,000.

ENVIRONMENTAL CONSIDERATIONS:

N/A
ATTACHMENTS:

Application
Quick Guide to Local Economy
Press Release
Brochure
From:

Parks & Recreation
City of Nevada City
Venue
5302652496129
[email protected]
Bill To: Jesse Locks
[email protected]
Project: Nevada City Film Festival 2022
Type Public Event
Date TBD
Time TBD
Location Bandshell
NEVADA CITY FILM FESTIVAL 2022 CONTRACT
Version 1

CONTRACT
SECTION 1: CONTACT INFORMATION NON-PROFIT ORGANIZATION EVENT Non-profit Organization Name "Renter": Nevada City Film Festival Non-profit ID/EIN number: 20-5266274
Non-profit Mailing Address: 110 Union Street Alley #5
City: NEVADA CITY State: CA Zip Code: 95959
Contact Person (Pre-Event): Jesse Locks
Daytime Phone 9165487716 Alternate Phone 916-548-7716
Email address: [email protected]
Contact Person (Day of): Jesse Locks
Phone 916-548-7716 Email address: [email protected]
SECTION 2: CONTACT INFORMATION FOR THE PUBLIC
Is your event open to the public? Yes If no, skip to section 4.

JLI understand that events open to the public may have additional requirements, including but not limited to security, preevent meeting, etc.

JL I understand that events open to the public must provide a copy of the flyer/marketing materials and link to any website where information about the event is available.

The following information will be made available to the public.

Organization Name or Contact Person: Jesse Locks
Phone #: 916-548-7716
Website: www.nevadacityfilmfestival.com
SECTION 3: MAKE SECURITY DEPOSIT REFUND CHECK OUT TO:

Name: Jesse Locks
Mailing Address 110 Union Street Alley #5
City: NEVADA CITY State: CA Zip Code: 95959
SECTION 4: FACILITY AND DATE INFORMATION
The facilities and times listed below will indicate when you are in a facility. No use beyond the dates & times listed below will be allowed. If you would like to request to deliver equipment the day prior to your event or leave equipment at the facility to the day after your event, those dates and times must be included on your Contract, so you need to request a Multi-Day Contract. Those dates & times must also be included on your Proof of Insurance.

Facility: Bandshell
Date Requested: June 10, June 24, July 8, July 22, August 12, August 26, 2022 Set-up Start Time 5pm Event Start Time 8:00 pm (Gates) 8:45pm (movies) Event End Time 11pm Clean-up End Time 11:30pm
For amplified music events:

Start Time for 1/2 hour sound check: 7pm Start time for 1/2 hour of recorded music: 8pm SECTION 5: EVENT DETAILS
Type of Event: Film Screening
Description of Event: Please provide a summary to help us understand your event. Movies in the park.

1. #of people attending event: 250-400

2. Will Alcohol Be Served/BYOB? Yes Will Alcohol Be Sold? Yes JLI understand that if alcohol is served at my event, I will receive a City Alcohol Permit at no additional fee. I understand and acknowledge that if alcohol is being sold at my event, it is my responsibility to read and understand the information, requirements and processes included in the Facility Rental Policies.

3. Will you have amplified music? Yes If yes, what hours do you plan to have music? 8pm to the start of the filmWhat type of music? Folk, Rock, Alt Rock on Spotify
JL I have read and understand all requirements related to having an amplified music event at Pioneer Park, including, but not limited to the allowable decibel levels, time limits, etc.

4. Will you be charging admission to your event? Yes Cost: $10 What are the profits used for? to pay for the event - projector rental, film rental, insurance, concessions, marketing, staffing JL I understand that if I am charging a fee or collecting donations the "Renter" must be a non-profit organization.

5. Will there be vendors (food, sales, information, etc.) selling items at your event? No If yes, what type? We will be selling our own popcorn, etc.

JL I understand that all vendors must comply with Environmental Health and Business License requirements.

6. Will you have security guards at your event? No If yes, please provide day-of contact information for security. This will only be shared with Nevada City Police Department.

7. Will you have a bounce house at your event? NoIf yes, what company are you hiring? Venue JLI understand that if I am having a bounce house the City must have proof of insurance on file from the bounce house company prior to your event.

SECTION 6: INSURANCE REQUIREMENT
JLI understand that I am required to provide proof of insurance. A current and valid certificate of General Liability Insurance, in the amount of $1,000,000* and an endorsement (CG2026 or equivalent) naming the City of Nevada City, 317 Broad St. Nevada City, CA 95959 as additional insured will be provided by me at least 30 days prior to my rental date.
*If your event is at the Bandshell and you will have more than 400 attendees/participants, a $2,000,000 limit is required.

SECTION 7: WAIVER/RELEASE
JLI, the undersigned, have received and read the Rental Policies and Cleaning Checklist for use of the facility that I am renting. I agree that the Renter will abide by and enforce all of the rules and regulations contained therein and understand that any failure to comply with those rules and regulations or any other provisions of the Rental Contract may result in termination and cancellation of this Rental Contract and any further use of the facility by Renter. I understand that failure to comply with terms of the Contract and/or the rules and regulations as stated in the Rental Policies may result in termination and cancellation of the Rental Contract.

JLI, the undersigned, further agrees to indemnify and hold harmless the City of Nevada City, it’s Officers, Agents and Employees against any and all claims, demands, damages, costs, expenses of whatever nature including litigation costs and attorney fees arising out of, or resulting from the “Renter’s” use of the facilities of the City of Nevada City.

Parks & Recreation TBD
Jesse Locks Apr 7, 2022
JL I, the undersigned, further acknowledge that I will follow CDC and Nevada County Department of Public Health recommendations for enhanced health and safety measures related to COVID-19 and follow all posted instructions while using City facilities; including requirements for social distancing, wearing of face coverings, participant grouping, types of activities allowed, and potential limits on event size.

Jesse Locks
#3 10 Best Film Festivals
in the USA
“SUNDANCE
OF THE
SIERRA”
Since 2001, the Nevada City Film Festival has brought together an ever-expanding audience of movie lovers with emerging and top independent filmmakers to showcase award-winning international short and feature length films.

From Seoul, Korea to Champagne, IL; Lisbon, Portugal to Oaxaca, Mexico, filmmakers from around the world travel to the historic Gold Rush era town of Nevada City, CA to take part in this week-long celebration of art, music, technology, and independent filmmaking, which includes film screenings, industry panels and workshops, filmmaker Q&A’s, live music, virtual reality experiences, and many other special events.

WHO WE ARE

WHAT WE DO
Support Independent Filmmakers!
Change lives.

Have fun.

Blow minds.

Commitment to the Local Economy
Not including lodging, the average NCFF attendee locally spends $50 a day or $200 over the festival weekend, for a total contribution of over $500,000 to the local economy each year.

Commitment to Filmmaking
Now in its fourth year, the NCFF Filmmaker Residency and Producers Retreat aims to provide nourishment and inspiration to a diverse range of independent writers, directors and producers amidst the beauty and quiet of Nevada City and Grass Valley along with further enriching the area’s artistic offerings and its world-class creative community with the active presence of these filmmakers.

The residency focuses on bringing filmmakers from communities with historic ties to Nevada City, placing special emphasis on engaging Native and Asian American filmmakers, to participate in cross-cultural exchange with Nevada County residents. While here these filmmakers hold community screenings, work in our schools, and provide mentorship to local filmmakers.

Commitment to Youth & Media Arts Education
NCFF is committed to the next generation of film lovers and media consumers by offering the following free programs: International Children’s Film Program, Schools at the Festival Teacher Screenings, and Filmmakers in the Classroom.

Located in Nevada City, California, an area known for its sophisticated arts and culture, festival-goers will find an exceptional destination festival where they can meet other enthusiastic film lovers and be inspired by talented filmmakers and exciting new cinema.

EXPERIENCE
FUN FACTS!
80+ Films
Short and feature length films are screened during the festival. 50+ Eclectic Filmmakers
Attending from around the world (France, Cuba, New York, Los Angeles) Superior Movie Experiences
Downtown historic venues are transformed into state-of-the-art movie theatres.

Workshops & Panels
NCFF will double the number of workshops and panels during this year’s festival. These will include professionals working the industry leading discussions and classes in their respective expertise fields including editing, cinematography, producing, production design, hair and makeup, animation, and more.

Live Comedy
Sold-out Live Comedy Shows that feature notable comedians from Comedy Central, Chelsea Lately, Funny or Die, Curb Your Enthusiasm, The Office, NBC’s Go On, and more.

Movies Under the Pines
An outdoor cinema experience for the entire family, features 6 family-friendly films presented at Pioneer Park, Nevada City. Total attendance 1800 per year.

Onyx Downtown
The Onyx Theatre—home of the Nevada City Film Festival—brings their sophisticated state-of-the art picture and sound; impeccably curated films; and signature hospitality to The Onyx Downtown at the historic Nevada Theatre, in downtown Nevada City, every Sunday night (plus special weekend events) for an all-ages audience. Total attendance 6,000 per year.

Marc Maron, Tig Notaro, Nick Kroll, Brett Gelman,
Neil Hamburger, Maria Bamford, Eric Andre...
are just a few of the comedians we have
welcomed over the years!
Nevada County native, director Jason Sussberg set the record for the most-funded documentary on Kickstarter with his documentary Bill Nye The Science Guy. The film raised $859,425 from 16,850 backers. In 2018 Jason screened the film and brought Bill with him to particpiate in Q&A following two sold-out screenings. In 2019, Jason visited his Alma mater, Nevada Union High School to speak to students about filmmaking.

NAME DROP

DEMOGRAPHICS

AWARD-WINNING FILMS
FUN FACT!
76% of our demographic are under the age of 55.
60% are between the ages of 25–45, making the Nevada City Film Festival the ONLY major event in Nevada County geared towards a Millennial demographic. 70% of the audience travel 30+ miles to attend the festival, with the majority of people coming from the Sacramento Valley region, Yuba City and Marysville, Bay Area and Los Angeles.
85% of audience is college-educated.

In 2019, NCFF, Nevada County Arts Council, & Nisenan Tribe were awarded a grant from the California Arts Council to produce a short film written, directed and produced by the tribe.

Over 50% of films accepted to NCFF are directed or produced by a woman.

Our last three Comedy Festivals were headlined by women comedians. From the beginning we have been committed to diversity in filmmaking.

In 2016, Nevada County native, director Jonathan Dayton, along with his codirecting partner and wife Valerie Farris returned to Nevada County to screen a special 10-year anniversary showing of their award-winning film Little Miss Sunshine and return to his alma mater Lyman Gilmore Junior High School to speak to students about filmmaking.

NCFF is known for picking those award-winning films before they make it to the Oscars. In 2021, short documentary film “Queen of Basketball” directed by Ben Proudfoot, won Best of the Fest and Best Short Documentary at NCFF, and went on to win an academy award.

FUN FACTS!

BENEFITS TO YOU
We literally can’t do it without you!
Literally. The art of film festing is expensive and technology isn’t cheap. From state-of-the-art projectors and sound, to computer programs and equipment used for interactive apps, live streaming, and VR, it all adds up, and fast. And we haven’t even mentioned the cost of our world-class hospitality for visiting filmmakers, industry leaders, and national press.

Ticket sales only account for a third of our annual budget. We offset the remainder with sponsorships, private donations and small grants,which is why your involvement is essential to the vitality and growth of one of the top film festivals in the U.S.*
*In 2020, NCFF was named #3 in USA Today Best Film Festivals in the U.S.

Connect with a large and loyal audience of involved, influential and innovative tastemakers in the arts and film industries.

Build a relationship with potential consumers and the Nevada County community in a respected, dynamic and authentic environment.

Drive online and in-store traffic, product sampling and word of mouth.

Engage potential and current customers and let them help spread the word about your product and services.

Amplify your PR, marketing efforts and positive brand associations.

Support one of the largest events in Nevada County targeted towards a 35–55 year old demographic.

FUN FACT!
Over 50% of films accepted to NCFF are
directed by filmmakers from another
country.

SPONSORSHIP LEVELS

PLATINUM
Each year the Nevada City Film festival is made possible through the generous contributions of our sponsors. Sponsorships help underwrite local filmmaker submissions, theatre and venue rental; offset film rental costs from foreign sources; and bring guest filmmakers to our screenings and forums. Sponsorships provide wonderful festival benefits for employees or clients with film and party passes, while marketing your organization as a supporter of the arts and linking your business with Nevada City’s fastest growing event.

Offer discount tickets for
students and seniors
Offer discount tickets for
students and seniors
Offset film rental fees of
$250–$500 for
5–10 feature length films
Offset film rental fees of
$250–$500 for
3–6 feature length films

YOU HELP US
GOLD

YOU HELP US
SILVER

YOU HELP US
Offset submission fees
for local filmmakers
Rent state-of-the-art
projection, lighting
and sound
*projectors can run
$600–$1,000 a day
Bring 05 visiting
filmmakers to Nevada
County
Bring 10 visiting
filmmakers to Nevada
County
Bring 03 visiting
filmmakers to Nevada
County

PLATINUM
$5,000
GOLD
$2,500
SILVER
$1,500

FESTIVAL

FRIENDS
$500
Official Host of Opening Night,
Virtual Reality Pavilion, After Party,
Film Program, or Spotlight Director
Official Presenter of the 22th Annual
Nevada City Film Festival
2 Months of Underwriting
of Onyx Downtown
Logo and link on our website
Your Banner in the Theatre/Stage
During Event
Sponsor Movies Under the Pines
Branding in all NCFF Press Materials
Logo in Festival Trailer
Logo on Printed Ticket
Logo in program guide
Filmmaker Gift Bags
Sampling at NCFF
Social Media Blasts
Featured in NCFF blasts for a full year
VIP Badges
Public Recognition on Opening Night
(15) (07) (05) (03)
value
$1,500
value
$700
value
$500
value
$300
(06) (04) (02)

YOU GET
nevadacityfilmfestival.com
LET’S TALK!
Jesse Locks, Executive Director
[email protected]
(916) 548-7716

FOR IMMEDIATE RELEASE
CONTACT: Jesse Locks, [email protected], (916) 548-7716

KNOW & GO
WHAT: Nevada City Film Festival presents Movies Under the Pines WHEN: Fridays, June
WHERE: Pioneer Park Bandshell, 421 Nimrod St, Nevada City, Gates 7:30, Films Sunset
TICKETS: $8/GA, $30/Family of 4
INFO: www.nevadacityfilmfestival.com
Nevada City Film Festival’s popular Movies Under the Pines returns this summer with six nights of family-friendly films - Fridays, June 10 & 24, July 8 & 22, and August 12 & 26 - at the Pioneer Park Bandshell in Nevada City. “NCFF selects films that both kids and parents will enjoy,” says Jesse Locks, Executive Director. “The new screen will be the largest outdoor screen in Nevada County and will ensure that there isn’t a bad seat in the park to enjoy a movie.” This year’s films will include Sand Lot, How to Train Your Dragon, Ferris Bueller’s Day Off, and more. NCFF will also kick off their 22nd annual festival with a special outdoor screening on August 26.

Beer, wine, popcorn, and soft drinks are available for purchase. Outside food and non-alcoholic drinks allowed. Outside alcoholic beverages prohibited. Blankets and low back chairs are suggested.

Come early to picnic with your family. Gates 7:30pm, film starts at sunset. $8/GA, $30/Family of 4. Popcorn, drinks, beer & wine available for purchase. Blankets and low back chairs are suggested. Tickets available at the gate or online at www.nevadacityfilmfestival.com/mutp
Quick Guide to the Impact of
The Movies Under the Pines on the Local Economy
Lodging
N/A
Food
The Nevada City Film Festival purchases all concessions from local retailers including SPD, Natural Selection, and Serendipity Wines (formerly Mountain People’s Wines) for a total of $1500/each summer.

Venues
City of Nevada City has sponsored this event since 2014 and waived the venue rental. Our insurance is purchased locally.

Collateral
All fliers, posters, and banners are printed locally. (Economic Impact $1000) Advertising
NCFF spends over $3,000 a year to advertise MUTP in The Union, NC Gold, KVMR, and KNCO. That’s a lot of mentions of Nevada City! We have consistently been included in articles in Sacramento Mag, NBC Bay Area, Sacramento Bee, etc.

Contractor Fees
NCFF pays local contractors $4500 to help with the set-up, sound, projection, etc., of MUTP.

ATTENDEE SPENDING
MUTP averages 1200-2000 attendees annual.

The average attendee spends $35 to attend a screening this includes gas, food and beverages (not including concessions). For a grand total of $42,000 - $70,000 of annual spending.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 11, 2022 Agenda Item No. 09
Subject: Consideration of Adopting Resolution No. 2022-30:

A Resolution of the City Council of the City of Nevada City Establishing a New Social Media Policy by Superseding and Replacing Resolution 2018-32
From: Sean Grayson, City Manager
Date: May 6, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution and direct the implementation of the new policy ISSUE STATEMENT AND DISCUSSION:

On September 27, 2017, the City Council adopted an administrative policy for social media use that was intended to ensure the proper use of the City's social media technologies by City employees and City Council. Over the past five (5) years, social media has expanded significantly, as has the City's use and the complexity of available web-based technologies. To ensure the continued proper use of the City of Nevada City Official social media sites by the City Council and City employees, an amended policy is necessary.

Social media sites such as Facebook, Twitter, YouTube, Instagram, and others have created channels for any individual or any organization, including municipal government, to share information, network, socialize, and report on events as they happen. Through social media channels, government agencies have efficient, cost-effective methods to reach citizens directly and encourage instantaneous feedback. While the use of social media provides government agencies various avenues to communicate with citizens, it may also present risk to the City. In consultation with the City Attorney's Office and in an effort to minimize the risks of using social media, an updated policy governing the uses of social media sites has been prepared. This action will amend the previously adopted social media policy to include this new policy related to the use of social media.

The City Council adopted a updated Social Media policy on May 23, 2018 through the adoption of Resolution 2018-32, however social media and technology has drastically evolved since that time. The updated policy is necessary to address issues such as assigning designated City employees that are preapproved to use the City's official social media accounts, records retention of social media posts, what is permitted to be posted, and other factors. The use of technology and social media poses particular challenges for the public sector and raises liability concerns, as well as legal issues concerning state and federal laws, such as the Public Records Act and the Brown Act. Cities must also be mindful that any forays into social media - whether as an official voice of the City, voice for elected officials, or as personally used by Staff - could create concerns by the City. In some instances, the City could face legal challenges if incorrect, false, or non-public information is posted on a site used officially by the City or personally by employees or elected officials. In other settings, the City may face public records requests that could include content posted to Social media sites upon City and/or personal computers, depending upon who and where the content was posted. If approved, this new policy will pertain to all social media and networking activities conducted upon behalf of the City of Nevada City.

The proposed new Social Media Policy was prepared in consultation with the City Attorney's Office, with a review of other organizations' policies, as well as input from City staff.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Nevada City Social Media Policy (New)
Resolution No. 2022-30
City of Nevada City

SOCIAL MEDIA POLICY
Purpose
This document defines the social networking and social media policy for City of Nevada City (the “City” or “Agency”). To address the fast-changing landscape of the Internet and the way residents communicate and obtain information online, City departments may consider using social media tools to reach a broader audience.

The City of Nevada City encourages the use of social media to further the goals of the City and the missions of its departments, where appropriate. The City has an overriding interest and expectation in deciding what is “spoken” on its behalf on social media sites.

This policy establishes guidelines for the use of social media by City employees and officials on official City social media accounts.

For purposes of this policy, “social media” is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media include Facebook, Twitter, YouTube, and Instagram. For purposes of this policy, “comments” include information, articles, pictures, videos or any other form of communicative content posted on a City of Nevada City social media site.

Oversight and Enforcement
Employees representing the Agency through social media outlets or participating in social media features on agency websites must maintain a high level of ethical conduct and professional decorum. Failure to do so is grounds for revoking the privilege to participate in agency social media sites, blogs, or other social media features.

Information must be presented following professional standards for good grammar, spelling, brevity, clarity and accuracy, and avoid jargon, obscure terminology, excessive emojis or hashtags, or acronyms. Agency employees recognize that the content and messages they post on social media websites are public and may be cited as official Agency statements. Social media should not be used to circumvent other agency communication policies, including news media policy requirements. Agency employees may not publish information on Agency social media sites that includes:
• Confidential information
• Copyright violations
• Profanity, racist, sexist, or derogatory content or comments • Partisan political views
• Commercial endorsements or SPAM
General Policy

1. The establishment and use by any City department of City social media sites are subject to approval by the City Manager or his/her designees. All City of Nevada City social media sites shall be administered by the City Manager unless delegated in writing to another City employee.

2. The City Manager will assign an employee to monitor content on City social media sites to ensure adherence to both the City’s Social Media Policy and the interest and goals of the City of Nevada City.

3. City social media sites should make clear that they are maintained by the City of Nevada City and that they follow the City’s Social Media Policy.

4. Wherever possible, City social media sites should link back to the official City of Nevada City website for forms, documents, online services, and other information necessary to conduct business with the City of Nevada City.

5. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. Any content removed based on these guidelines must be retained by the City for a reasonable period of time, including the time, date and identity of the poster, when available.

6. These guidelines must be displayed to users or made available by hyperlink.

7. The City will approach the use of social media tools as consistently as possible, enterprise wide.

8. The City of Nevada City’s website at https://www.nevadacityca.gov/ will remain the City’s primary and predominant internet presence.

9. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies.

10.City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.

11.Comments on topics or issues not within the jurisdictional purview of the City of Nevada City may be removed.

12.Employees representing the City government via City social media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.

13.This Social Media Policy may be revised at any time.

Comment Policy
The City of Nevada City’s social media sites serve as a limited public forum and all content published is subject to monitoring. By posting or commenting on the City of Nevada City’s social media sites, users agree to the terms of use of the City of Nevada City’s social media comment policy as provided herein.

1. As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.

2. The intended purpose behind establishing City of Nevada City social media sites is to disseminate information from the City, about the City, to its citizens.

3. The City of Nevada City social media sites are intended to be “family friendly,” and, as such, the City asks that users please keep their comments clean by following the rules set forth in this policy. Please note that the City utilizes the automatic content filtering features available on various social media sites. Such features/settings may automatically hide a comment from view if profanity is used in the post.

4. Comments containing any of the following inappropriate forms of content shall not be permitted on City of Nevada City social media sites and are subject to removal and/or restriction by the City:
a. Comments not related to the original topic, including random or unintelligible comments;
b. Profane, obscene, or pornographic content and/or language; c. Content which violates the right to privacy, including but not limited to, content that contains personal identifying information or sensitive personal information;
d. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual preference, or national origin;
e. Defamatory or personal attacks;
f. Threats to any person or organization;
g. Comments in support of, or in opposition to, any political campaigns or ballot measures;
h. Solicitation of commerce, including but not limited to advertising of any business or product for sale;
i. Conduct in violation of any federal, state or local law; j. Encouragement of illegal activity or comments intended to incite violence; k. Information that may tend to compromise the safety or security of the public or public systems; or
l. Content that violates a legal ownership interest, such as a copyright, of any party;
m. Harassment or content which constitutes and/or facilitates harassment; n. Repetitive and/or duplicative content;
o. Comments which may reasonably interfere with, inhibit, or compromise law enforcement investigations, police tactics, police responses to incidents and/or the safety of police staff and officers; p. Posts or comments that contain external links.

5. The City does not allow information intended to compromise the safety or security of the public or public systems. Users may participate at their own risk, taking personal responsibility for their comments, username, and any information provided.

6. A comment posted by a member of the public on any City of Nevada City social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Nevada City, nor do such comments necessarily reflect the opinions or policies of the City of Nevada City.

7. The City of Nevada City reserves the right to deny access to City of Nevada City social media sites for any individual, who violates the City of Nevada City’s Social Media Policy, at any time and without prior notice.

8. Departments shall monitor their social media sites for comments requesting responses from the City and for comments in violation of this policy.

9. Only the City Manager or his/her designees shall respond to comments or messages on official City social media pages. All comments from City social media pages should be posted from the City account, never from a personal account.

10.When a City of Nevada City employee responds to a comment in his/her capacity as a City of Nevada City employee, the employee’s name and title should be made available, and the employee shall not share personal information about himself or herself, or other City employees.

11.All comments posted to any City of Nevada City Facebook site are bound by Facebook’s Statement of Rights and Responsibilities, located at http://www.facebook.com/terms.php, and the City of Nevada City reserves the right to report any violation of Facebook’s Statement of Rights and Responsibilities to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.

12.Comments posted to the City of Nevada City social media sites will be monitored and inappropriate content as defined herein above may be removed as soon as practically possible and without prior notice.

13.By posting or commenting on the City of Nevada City social media sites, users agree to the City’s terms of use. Users participate by their own choice, taking personal responsibility for their comments, username, and any information provided therein.

14.If users need to contact the Nevada City Police Department, please call the Department’s front desk at (530) 265-4700, or, if it is an emergency, call 911 and ask for assistance. While comments posted on the City’s social media sites are monitored, posting comments is neither recommended nor an acceptable way to contact the Nevada City Police Department for assistance or immediate service.

Public Records Law
The City of Nevada City’s social media sites are subject to applicable public records laws. Any content maintained in a social media format related to agency business, including communication posted by the Agency and communication received from citizens, is a public record. The City will respond completely and accurately to any public records request for social media content.

Records Retention
• Social media sites contain communications sent to or received by the Agency and its employees, and such communications are therefore public records.

Records retention requirements apply regardless of the form of the record (for example, digital text, photos, audio, and video). The Deputy City Clerk maintaining a site shall preserve records pursuant to the relevant records retention schedule for the required retention period in a format that preserves the integrity of the original record and is easily accessible. Furthermore, retention of social media records shall fulfill the following requirements:
• Social media records are captured in a continuous, automated fashion throughout the day to minimize a potential loss of data due to deletion and/or changes on the social networking site.
• Social media records are maintained in an authentic format (i.e. ideally the native technical format provided by the social network, such as XML or JSON) along with complete metadata.
• Social media records are archived in a system that preserves the context of communications, including conversation threads and rich media, to ensure completeness and availability of relevant information when records are accessed. • Social media records are indexed based on specific criteria such as date, content type, and keywords to ensure that records can be quickly located and produced in an appropriate format for distribution (e.g. PDF).
• Each employee who administers one or more social networking sites on behalf of the City has self-service, read-only access to search and produce relevant social media records to fulfill public information and legal discovery requests as needed.

Internal Policy

PERSONAL USE BY CITY EMPLOYEES

1. All City employees may have personal Social Media sites.

2. City employees shall not share work related information and/or information related to City business on personal Social Media sites and shall avoid mixing their professional information with their personal information or opinions.

3. City employees shall not use their City e-mail account or password in conjunction with a personal Social Media site, nor shall a City employee be compelled as a condition of employment to disclose to the City their username and password for personal Social Media sites. Nothing herein precludes the City, as an employer, from requiring or requesting a City employee to disclose a username, password, or other method for the purpose of accessing an employer-issued electronic device and/or any employer-issued Social Media or e-mail account.

4. City employees, unless specifically authorized by the City to do so, are not authorized to speak on behalf of the City and shall not post comments or opinions without also clarifying that the information being presented is on their personal behalf and it does not represent the position of the City.

5. The following guidance is for City employees who decide to have a personal Social Media site or who comment on posts about official City business:
• State your name and, if relevant, role, when discussing City business;
• Use a disclaimer such as: “The postings on this site are my own and don’t reflect or represent the opinions of the City for which I work.”

6. City employees who are authorized to speak on behalf of the City shall identify themselves by (1) Full Name; (2) Title; (3) Department; and (4) Contact Information, when posting or exchanging information of Social Media forums, and shall address only issues within the scope of their specific authorization.

PROFESSIONAL USE BY CITY EMPLOYEES

1. Designated City Employees that comment on the City’s Social Media sites in their personal and/or professional capacity are bound by the Comment Policy of the City of Nevada City’s Social Media Policy, stated herein.

2. All official City-related communication through Social Media outlets shall remain professional in nature and be conducted in accordance with the City’s communications policy, practices, and expectations.

3. Employees must not use official City Social Media sites to conduct private commercial transactions or to engage in private business activities.

4. City employees should be mindful that inappropriate usage of official City Social Media sites, can be grounds for disciplinary action. If Social Media sites are used for official City business, the entire City site, regardless of any personal views, is subject to best practices guidelines, and standards.

5. Only individuals authorized by the City may publish content to an official City Social Media sites. Employees representing the City through social media outlets or participating in social media features on City websites must maintain a high level of ethical conduct and professional decorum.

Failure to do so is grounds for revoking the privilege to participate in City Social Media sites, blogs, or other social media features.

6. Information must be presented following professional standards for good grammar, spelling, brevity, clarity and accuracy, and avoid jargon, excessive hashtags and emojis, obscure terminology, or acronyms.

7. City employees recognize that the content and messages they post on social media websites are public and may be erroneously cited as official City statements. Social media should not be used to circumvent other City communication policies, including news media policy requirements.

8. Employees representing the City government via City Social Media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.

SOCIAL MEDIA USE BY CITY’S PUBLIC OFFICIALS

1. Public officials that comment on the City’s social media sites and/or on private non-city social media sites in their personal and/or official capacity are bound by the Comment Policy of the City of Nevada City’s Social Media Policy and to each and every policy applicable to City employees, stated herein.

2. While elected officials and City Council-appointed board, committee and commission members may maintain and use personal web pages and websites, blogs, and social networking sites, their status as elected/appointed officials requires that the content of any postings on those sites not be in violation of existing City by-laws, policies, directives, rules, or regulations.

3. The City’s image as a professional organization is critical to maintaining the respect of its constituents. Although the City recognizes that elected/appointed officials may choose to express themselves by posting personal information upon social media platforms or by making comments on sites hosted by other persons, groups, or organizations, this right of expression should not interfere with the operation of the City. That is, although the City acknowledges its officials have the First Amendment right to free speech, the right is not absolute when involving matters of official City business, issues, or concerns.

4. If a public official conducts any City business or communication as an elected or appointed official from a personal account, or an account created for a City board/committee/commission that is not administered by a City employee, the City-related communications may be considered a public record subject to the California Public Records Act, found at Government Code sections 6250 et seq. When presented with a Public Records Act request, the official must produce responsive public records maintained on the official’s personal servers and devices; and/or, after a reasonable search, affirm that the official is not in possession of any such responsive public records on personal devices or personal servers.

5. Officials should exercise caution with respect to comments they post, particularly those concerning the City and the business of the City.

6. All officials are expected and required to conduct themselves in a manner consistent with the City’s policies and standards of conduct.

7. Officials must not reveal any confidential or privileged information about the City, its constituents, or its contractors. Officials must be particularly careful to protect against the inadvertent disclosure of confidential information.

8. Officials should be honest and accurate when posting information or news, and should quickly correct any mistakes, misstatements and/or factual errors in content upon discovery. Officials should not post or share information known to be false or unconfirmed rumors about the City, its employees, constituents, officials, suppliers, vendors, contractors, or any other entities or individuals.

9. Officials should never represent themselves as a spokesperson for the City Administration, any City department, the City Council, or a City board or committee, unless the official has been designated to serve as a spokesperson.

10.Because the posting of content, including simply “liking” or reacting to a post from another official, regarding City-related matters by a public official could inadvertently result in the violation of the Open Meetings Law, officials should consult the Open Meetings Law Guide provided to them by the City Clerk’s Office and/or contact the City Attorney’s Office for guidance before posting about meetings, conferences, sub-committee meetings, or the work of the public body, or any commission, board, or committee.

11.Officials are expressly prohibited from using social media to engage in any activity or conduct that violates federal, state, or local law (e.g., to circumvent election or campaign requirements, software or data piracy, child pornography, etc.)

12.Officials are prohibited from using social media to engage in any activity that constitutes a conflict of interest.

13.Officials must be mindful that members of the public who may appear before boards, commissions, or committees come from all walks of life.

Public comments, in any forum, that contain racial slurs, express bigotry toward a group based on race, religion, national origin, sexual orientation, gender, gender identity or any other legally protected classification may be considered conduct unbecoming.

14.Appointed and elected board/committee members are strongly encouraged to consider the potential impact of social media statements prior to posting. The City strives to be professional in its operations and processes. Posts that express favoritism and/or bias for or against any individual or group of individuals (e.g., based upon race, gender, national origin, sexual orientation, political affiliation, etc.), reflect poorly on the public official, as well as the City and its residents. Further, comments suggesting such treatment can expose the City to liability and legal costs.

15.Elected and appointed officials should be cautious in using official Cityprovided head shot photographs on personal social media sites. Elected and appointed officials choosing to use official City-provided head shots on personal social media sites should tailor communications on those sites accordingly.

16.A public official that violates the City’s policies and/or by such conduct invites claims or suits or other liability unto the City may be subject to censure; and the City may pursue all remedies available under the law.

REGISTERING A NEW PAGE
All City social media sites shall be (1) approved by the City Manager; (2) published using approved Social Media platform and tools; and (3) administered by the City Manager or his/her designee.

DEREGISTERING AN EXISTING PAGE
If a social media page is no longer of use, (1) notify the City Manager, (2) ensure records have been archived according to agency guidelines, and (3) unpublish and delete page.

ACKNOWLEDGEMENT OF RECEIPT OF SOCIAL MEDIA POLICY
This statement acknowledges that I have received, read and understand the Agency’s guidelines for using Social Media. I acknowledge, and fully understand the terms of this policy and agree to abide by them.
__________________________________________
Print Name
__________________________________________
Signature Date
RESOLUTION 2022-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY

ESTABLISHING A NEW SOCIAL MEDIA POLICY BY SUPERSEDING AND REPLACING RESOLUTION 2018-32
WHEREAS, the City Council of the City of Nevada City originally approved a Social Media Policy on September 27, 2017; and
WHEREAS, the City Council of the City of Nevada City adopted Resolution 2018-32 approving an update to the Social Media Policy on May 23, 2018; and WHEREAS, the City Council of the City of Nevada City deems it both necessary and appropriate to establish a new Social Media Policy; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Nevada City that a new Social Media Policy (Exhibit A) is established by superseding Resolution 2018-32.

PASSED AND ADOPTED at a regularly scheduled meeting of the Nevada City City Council held on this 11th day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Duane Strawser, Mayor
ATTEST:
__________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: May 11, 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: May 6, 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.

Nevada City City CouncilMay 11, 2022

Nevada City City Council
May 11, 2022