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Agenda packet, regular meeting, second session

Nevada City City Council
April 26, 2023

Document
Agenda packet, regular meeting, second session
Meeting
April 26, 2023
Body
Nevada City City Council
Pages
6
Original file
3.1 MB
Text extracted from the city's file for reading and search. Open the original on www.nevadacityca.gov. That file is the official record.

Regular Meeting of
Nevada City Council
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY April 26, 2023 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.

Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:

The public is encouraged to participate in or observe this meeting by:

1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.

2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

3. Observe this meeting live from the local government cable channel 17 Public comments may be made:

1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.

2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 (push the asterisks button followed by the five button) to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.

3. In writing: 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:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.

In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

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 Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
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 minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)

PRESENTATIONS
In Memoriam: Beryl P. Robinson Jr.

Proclamation: Grand Opening and Ribbon Cutting of Espirituart Gallery Café Proclamation: 54th Annual Municipal Clerks Week April 30 - May 6, 2023 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 12, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Fire Activity Report – February 2023
Recommended Action: Receive and file the report

3. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report

4. Consideration of Resolution 2023-17: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2023-11 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023, to Appoint a Councilmember as the Alternate to the Pioneer Community Energy JPA Board
Recommended Action: Adopt the Resolution

5. Consideration of the Fire Safety Advisory Committee Recommendation for the Appointment of the Nancy Weber to Fill the Vacant Committee Member Position Through the Term Ending September 15, 2024
Recommended Action: Approve the appointment

6. Second Reading and Consideration of Ordinance No. 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

BUSINESS

7. Consideration of a Request from Magic Lantern Corporation DBA Nevada City Film Festival for Monetary Sponsorship in the Amount of $2500 for the Nevada City Film Festival and for Fee Waiver of $1130 for Use of the Pioneer Park Bandshell and Adjacent Field for the “Movies Under the Pines” Outdoor Film Exhibition on June 23, July 7, and July 28, 2023
Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship and fee waiver

8. Consideration of a Contract with Cal Poly Humboldt Sponsored Programs Foundation to Develop a Cannabis Equity Assessment and Program in an Amount Not-To-Exceed $30,000
Recommended Action: Approve the contract

9. Consideration of Resolution No. 2023-16: A Resolution of the City Council of the City of Nevada City, California Authorizing Submission of an Application for Funding Under the Local Housing Trust Fund Grant Program, Certifying Use of a Future Award of Local Housing Trust Funds (LHTF) in Accordance with Applicable State and Federal Statutes, Rules, Regulations, and Laws Regarding the LHTF Program, Compliance With any and all Contracts With the California Department of Housing and Community Development (HCD), Complying With Matching Requirements Under the LHTF Award, and Authorizing the Western Nevada County Regional Housing Trust Fund to act as Trustee in Connection with the Funds on Eligible Projects; and Authorize Appropriation of $10,000 of American Rescue Plan Act (ARPA) funds to be used as Matching Funds for the LHTF application
Recommended Action: Adopt the resolution and authorize the ARPA appropriations

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

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

Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk, for the City of Nevada City, declare that the foregoing agenda for the April 26, 2023, Regular Meeting of the Nevada City City Council was posted April 21, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed April 21, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, 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 April 26, 2023 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.

Doug Fleming, Mayor
Daniela Fernández, Vice Mayor Gary Petersen, Council Member Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:

The public is encouraged to participate in or observe this meeting by:

1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.

2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

3. Observe this meeting live from the local government cable channel 17 Public comments may be made:

1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.

2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet: https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 (push the asterisks button followed by the five button) to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.

3. In writing: 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:
• Full Name
• Address (specific or general, ie: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.

In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

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 Fleming
_____ Vice-Mayor Fernández
_____ Councilmember Petersen
_____ Councilmember Kline
_____ Councilmember Ceci
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 minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)

PRESENTATIONS
In Memoriam: Beryl P. Robinson Jr.

Proclamation: Grand Opening and Ribbon Cutting of Espirituart Gallery Café Proclamation: 54th Annual Municipal Clerks Week April 30 - May 6, 2023 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 12, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Fire Activity Report – February 2023
Recommended Action: Receive and file the report

3. Business Development Fee Waiver Program Activity Report February 2023 Recommended Action: Receive and file the report

4. Consideration of Resolution 2023-17: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2023-11 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023, to Appoint a Councilmember as the Alternate to the Pioneer Community Energy JPA Board
Recommended Action: Adopt the Resolution

5. Consideration of the Fire Safety Advisory Committee Recommendation for the Appointment of the Nancy Weber to Fill the Vacant Committee Member Position Through the Term Ending September 15, 2024
Recommended Action: Approve the appointment

6. Second Reading and Consideration of Ordinance No. 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

BUSINESS

7. Consideration of a Request from Magic Lantern Corporation DBA Nevada City Film Festival for Monetary Sponsorship in the Amount of $2500 for the Nevada City Film Festival and for Fee Waiver of $1130 for Use of the Pioneer Park Bandshell and Adjacent Field for the “Movies Under the Pines” Outdoor Film Exhibition on June 23, July 7, and July 28, 2023
Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship and fee waiver

8. Consideration of a Contract with Cal Poly Humboldt Sponsored Programs Foundation to Develop a Cannabis Equity Assessment and Program in an Amount Not-To-Exceed $30,000
Recommended Action: Approve the contract

9. Consideration of Resolution No. 2023-16: A Resolution of the City Council of the City of Nevada City, California Authorizing Submission of an Application for Funding Under the Local Housing Trust Fund Grant Program, Certifying Use of a Future Award of Local Housing Trust Funds (LHTF) in Accordance with Applicable State and Federal Statutes, Rules, Regulations, and Laws Regarding the LHTF Program, Compliance With any and all Contracts With the California Department of Housing and Community Development (HCD), Complying With Matching Requirements Under the LHTF Award, and Authorizing the Western Nevada County Regional Housing Trust Fund to act as Trustee in Connection with the Funds on Eligible Projects; and Authorize Appropriation of $10,000 of American Rescue Plan Act (ARPA) funds to be used as Matching Funds for the LHTF application
Recommended Action: Adopt the resolution and authorize the ARPA appropriations

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

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

Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk, for the City of Nevada City, declare that the foregoing agenda for the April 26, 2023, Regular Meeting of the Nevada City City Council was posted April 21, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed April 21, 2023, at Nevada City, California
____________________________________________________________ Gabrielle Christakes, Deputy City Clerk
In Memoriam Honoring the life of beryl p. robinson jr.

Beryl P. Robinson Jr., passed away peacefully at his home with his loving wife Betty and their family by his side on April 12, 2023, he was 87 years old.

Born in Mrs. Watson’s sanitarium in Nevada City September 13, 1935, Robinson was raised in Nevada City attending Nevada City High School on Zion Street. He left only to attend the University of California at Berkeley, where he received a bachelor’s in business administration in 1957.

Robinson returned home to run the family business, a Richfield gas station which was leveled during construction of the Golden Center freeway in the 1960s. He was elected to the City Council for a short stint before finding his career long calling when he was selected to be City Manager on June 21, 1965.

He was a diligent protector of the City’s history responsible for preserving many buildings and delivering the City’s Historical District Ordinance. The results of his efforts could fill several volumes. A small list of his legacy in action includes enticing the Grass Valley Group to locate in Nevada City, the construction of the Commercial Street parking lot, the building of the new South Pine Street Bridge, the building of the Narrow-Gauge Railroad Museum, the construction of the new Firehouse on Providence Mine Road, and the renovation of City Hall. His successes were attributed to his love of his hometown, his can do attitude and his tenacity.

He retired after 37 years of service as the City Manager in 2002 as the longest serving City Manager in California at that time. Robinson Plaza and this City Council Chambers are named for Beryl P. Robinson Jr. In a city whose history includes titans of service and industry across three centuries, Beryl Robinson sits atop them all as the consummate public servant and hometown hero.

The flags of Nevada City were ordered to half-staff from Robinson’s death until his memorial on Saturday April 29, 2023. Fittingly one of those flags flies in Robinson Plaza above the plaque placed there by the City Council of Nevada City in 1999 to honor Robinson’s incredible achievements. The plaque ends with the statement, “Beryl has brought a sense of commitment and purpose to his life matched by few and bettered by none”. With this In Memoriam the City Council of Nevada City once again honors the legacy of Beryl P. Robinson Jr..

Dated this 26th day of April 2023
____________________________ ____________________________ Doug Fleming, Mayor Daniela Fernández, Vice Mayor

____________________________
Gary Peterson, Councilmember
____________________________ ____________________________ Adam Kline, Councilmember Lou Ceci, Councilmember

PROCLAMATION
Honoring the Grand Opening and Ribbon Cutting of Espirituart Gallery Café WHEREAS, business initiation, development, growth and expansion are important threads that bind strong communities, and Espirituart Gallery Café is open for business at 426 Broad Street; and WHEREAS, Espirituart Gallery Café, is new as business but continues the long tradition of a café and art presence at the location in the historic downtown; and
WHEREAS, Paula Madec is owner of Espirituart Gallery Café; and WHEREAS, Paula notes that “My inspiration to create Espirituart Gallery Café was rooted in the desire to have a friendly, warm, and peaceful place where my inspirational art, as well as other artists' creations, could be exhibited for people to enjoy.” And, “I wanted place that enriched and fed people’s creativity by painting or looking at beautiful art while having delicious food and drinks. Visitors can uplift their energy and inner peace by making art an extraordinary tool for people to relax in their modern lives. Espirituart is a place to feed your body, soul, and mind”; and
WHEREAS, a grand opening and ribbon cutting ceremony will be held at Espirituart Gallery Café on Saturday April 29, 2023 at 2pm; 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 Espirituart Gallery Café; 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 Espirituart Gallery Café and urges those who visit, live, work, and play in Nevada City to Eat and Shop Local by patronizing Espirituart Gallery Café and all of our Nevada City businesses, or by attending the grand opening and ribbon cutting ceremony on April 29, 2023.

Dated this 26th day of April 2023
______________________________________
Doug Fleming
Mayor

PROCLAMATION
54th Annual Professional Municipal Clerks Week: April 30 - May 6, 2023 WHEREAS, The Office of the Professional Municipal Clerk, a time honored, and vital part of local government exists throughout the world; and
WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants; and
WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality; rendering equal service to all.

WHEREAS, the Professional Municipal Clerk serves as the information center on functions of local government and community; and
WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Nevada City hereby proclaim the week of April 30 through May 6, 2023, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Gabrielle Christakes and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Dated this 26th day of April 2023
______________________________________
Doug Fleming, Mayor
1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF APRIL 12, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

REGULAR MEETING – 6:30 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Fleming, Council Members Petersen, Kline, and Ceci

Absent: Vice Mayor Fernàndez
ADOPTION OF THE AGENDA:

Action: Motion by Ceci, seconded by Kline to adopt the Agenda for April 12, 2023 Meeting (Approved 4-0) Fleming, Petersen, Kline, and Ceci
PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

PRESENTATIONS
Presentation: Naming of the Police Department Newest Officer (K-9) Presentation: Grass Valley Nevada City Cultural District Redesignation and Proclamation for Arts, Culture & Creativity Month
Proclamation: City of Nevada City 167th Incorporation Day April 19, 2023 CONSENT ITEMS:

1. Action Minutes March 22, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable – March 2023
Recommended Action: Receive and file the report

3. Police Activity Report March 2023
Recommended Action: Receive and file the report

4. Building Activity Report March 2023
2 Recommended Action: Receive and file the report

5. Consideration of the Authorization to Purchase Two Storm Damage Replacement Vehicles, One Full-Size Chevy 1500 and One Chevy Colorado; and the Purchase of One New Chevy Tahoe Police Patrol Vehicles from Future Chevrolet of Sacramento in the Total Amount of $157,778.82
Recommended Action: Approve the purchase authorization

6. Consideration of a Purchase Order in an Amount Not-To-Exceed $32,000 for Tube Settlers at the Water Treatment Plant as a Part of Winter Storm Repairs Recommended Action: Approve the purchase order

7. Consideration of the Final Report on the 2017 Gold Country Coalition Brownfield Grant Recommended Action: Received and file the report.

8. Consideration of Resolution No. 2023-12: A Resolution of the City Council of the City of Nevada City to Extend for 60 Days Proclamation No. 2023-01 and Resolution No. 2023-03 Declaring the Existence of a Local Emergency Due to the December 27, 2022 Winter Storm Recommended Action: Adopt the resolution

9. Consideration of Resolution No. 2023-14: A Resolution of the City Council of the City of Nevada City to Rescind the Stage 3 (Water Shortage Warning) Drought Declaration and Implement Actions Set Forth for Stage 1 (Normal Water Conditions) in accordance with the March 2015 Drought Action Plan
Recommended Action: Adopt the resolution
Action: Motion by Petersen, Seconded by Kline to approve items 1-9 on Consent (Approved 4-0) Fleming, Petersen, Kline, and Ceci

PUBLIC HEARING

10. Conduct a Public Hearing in Consideration of Ordinance 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances; and Consideration of Resolution 2023-14: A Resolution of the City Council of the City of Nevada City, California Establishing a Fee Schedule for Vacant Building Registration Processing and Vacant Building Monitoring Recommended Action: 1) Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 26, 2023; and 2) adopt the Resolution establishing vacant building registration and monitoring fees Action: Motion by Kline, Seconded by Ceci to Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for April 26, 2023; and 2) adopt the Resolution establishing vacant building registration and monitoring fees (Approved 4-0) Fleming, Petersen, Kline, and Ceci
3 BUSINESS

11. Consideration of Adoption of Resolution 2023-13: A Resolution of the City Council of the City of Nevada City, California Approving a Permit for In-Lieu Parking Payments for the Three Forks Outdoor Dining Area Located at 211 Commercial Street, Nevada City Recommended Action: Adopt Resolution 2023-13, for the payment of in-lieu parking fees for the expanded business at 211 Commercial Street
Action: Motion by Kline, Seconded by Ceci to Resolution 2023-13 approving a Permit for In-Lieu Parking Payments for the Three Forks Outdoor Dining Area Located at 211 Commercial Street, Nevada City
(Approved 4-0) Fleming, Petersen, Kline, and Ceci

12. Consideration to Accept, Receive, and File the Audit, Financial Statements, and Management Report for Year End June 30, 2021
Recommended Action: Receive a report from the City’s independent audit firm and staff and then accept, receive and file the audit and related documents.

Action: Motion by Kline, Seconded by Petersen to Accept, Receive, and File the Audit, Financial Statements, and Management Report for Year End June 30, 2021 (Approved 4-0) Fleming, Petersen, Kline, and Ceci

13. Consideration of the Request from the Planning Commission to Initiate a Dark Skies Ordinance Recommended Action: Approve the request directing the City Manager to add the ordinance development to the process of the Planning Commission in 2023 Action: Motion by Petersen, Seconded by Ceci to approve the request directing the City Manager to add the ordinance development to the process of the Planning Commission in 2023 (Approved 4-0) Fleming, Petersen, Kline and Ceci
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:45 PM in Memory of Beryl Robinson
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Gabrielle Christakes, Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 02
Subject: Fire Activity Report – March 2023
From: Sam Goodspeed, Division Chief
Date: April 19, 2023
Reviewed & Approved: STG
Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The attached Fire Activity Report reviews the monthly responses for Nevada City Fire Station 5.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:
 Outside Unit Responses to Nevada City
 Station 5 Incident Type Summary Report
 Station 5 Response by District
 City of Nevada City Incident Type Report
Basic Incident Date Time:

Basic Incident Zone/District Number (Fd1.32):

Apparatus Resource Id (Fd18.1):

Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): Batt 8
4 63 16
Total: 4 Total: 63
Avg: 15.75
Apparatus Resource ID (FD18.1): Chief 5401
1 6 6
Total: 1 Total: 6
Avg: 6.00
Apparatus Resource ID (FD18.1): Engine 84
16 241 15
Total: 16 Total: 241
Avg: 15.06
Apparatus Resource ID (FD18.1): Engine 86
3 52 17
Total: 3 Total: 52
Avg: 17.33
Apparatus Resource ID (FD18.1): Engine 88
1 0 0
Total: 1 Total: 0
Avg: 0.00
Apparatus Resource ID (FD18.1): Engine2392
1 6 6
Total: 1 Total: 6
Avg: 6.00
Apparatus Resource ID (FD18.1): OESE4610
4 62 16
Total: 4 Total: 62
Avg: 15.50
Apparatus Resource ID (FD18.1): Rescue 84
34 771 23
Total: 34 Total: 771
Avg: 22.68
Total: 64 Total: 1,201
Avg: 12.29
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 1 of 1 Printed On: 04/14/2023 08:10:20 AM
Basic Incident Type (Fd1.21):

Apparatus Resource Id (Fd18.1):

Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 4 2.84% 3,000.00 3,000.00 100.00%
Total: 4 Total: 2.84% Total: 0.00 Total:
3,000.00
Total:
3,000.00
Total: 100.00%
Incident Type Category (FD1.21): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
1 0.71%
Total: 1 Total: 0.71% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 9 6.38%
321 - EMS call, excluding vehicle accident
with injury
47 33.33%
322 - Motor vehicle accident with injuries 4 2.84%
324 - Motor vehicle accident with no
injuries.
3 2.13%
Total: 63 Total: 44.68% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 3 2.13%
422 - Chemical spill or leak 1 0.71%
424 - Carbon monoxide incident 1 0.71%
444 - Power line down 4 2.84%
461 - Building or structure weakened or
collapsed
9 6.38%
Total: 18 Total: 12.77% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
552 - Police matter 1 0.71%
553 - Public service 9 6.38%
554 - Assist invalid 3 2.13%
Total: 13 Total: 9.22% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 21 14.89%
6111 - Holding in Quarters 1 0.71%
622 - No incident found on arrival at
dispatch address
4 2.84%
671 - HazMat release investigation w/no
HazMat
2 1.42%
Total: 28 Total: 19.86% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 0.71%
734 - Heat detector activation due to
malfunction
1 0.71%
735 - Alarm system sounded due to
malfunction
7 4.96%
745 - Alarm system activation, no fire -
unintentional
4 2.84%
Total: 13 Total: 9.22% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 8 - Severe Weather & Natural Disaster 813 - Wind storm, tornado/hurricane
assessment
1 0.71%
Total: 1 Total: 0.71% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 141 Total: 100.00% Total: 0.00 Total:
3,000.00
Total:
3,000.00
Total: 100.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
1 of 2 Printed On: 04/14/2023 08:03:16 AM
Basic Incident Date - Derived (Fd1.3): Is Equal To Last Month 2 of 2 Printed On: 04/14/2023 08:03:16 AM
Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 2 1 - Station 1 - City 4
2 - Station 2 - City 35
5 - Station 5 - City 67
NCC 54 16
NCC 84 6
NCC 86 8
NCC 87 3
Ophir Hill 2
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 04/14/2023 08:03:17 AM
Basic Incident Zone/District Number (Fd1.32):

Basic Incident Postal Code (Fd1.19):

Basic Incident Date - Derived (Fd1.3):

Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total
Loss
Total Loss Percent
of Total
Incident Type Category (FD1.21): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
1 1.12%
Total: 1 Total: 1.12% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 4 4.49%
321 - EMS call, excluding vehicle accident
with injury
52 58.43%
322 - Motor vehicle accident with injuries 3 3.37%
Total: 59 Total: 66.29% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 1 1.12%
440 - Electrical wiring/equipment problem,
other
1 1.12%
444 - Power line down 3 3.37%
461 - Building or structure weakened or
collapsed
1 1.12%
Total: 6 Total: 6.74% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
552 - Police matter 1 1.12%
553 - Public service 6 6.74%
554 - Assist invalid 4 4.49%
Total: 11 Total: 12.36% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 7 7.87%
622 - No incident found on arrival at
dispatch address
1 1.12%
Total: 8 Total: 8.99% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
1 1.12%
735 - Alarm system sounded due to
malfunction
1 1.12%
745 - Alarm system activation, no fire -
unintentional
2 2.25%
Total: 4 Total: 4.49% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Total: 89 Total: 100.00% Total: 0.00 Total: 0.00 Total:

0.00 Total: 0.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
1 of 1 Printed On: 04/14/2023 08:03:08 AM

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 03
Subject: Business Development Fee Waiver Program Activity Report March 2023
From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

At the October 26, 2022, Regular City Council meeting, the City Council approved the Business Development and Sustainability Fee Waiver Program that was requested through City Council process and the development of the City’s Strategic Plan. The program purpose is to assist Nevada City businesses as they emerge from the impacts of COVID-19 and seek to sustain and expand business as well as to incentivize new businesses within Nevada City. The program went into effect on October 27, 2022 and ends June 30, 2023. The program was limited to the first $40,000 in approved fee waivers. At the January 25, 2023, meeting the City Council authorized an increase in the program to $100,000 total. Businesses are limited a maximum of $2000 in fee waivers. Eligible applicants include existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City are eligible applicants to waive payment of business license fee for one year and waive Seaman’s Lodge Rental fees and Special Event fees where applicable. Categories of fees eligible for fee waiver include the following:
• Business License or Home Occupation Permit
• Conditional Use Permit
• Minor Architectural Review: Like for Like Change
• Architectural Review: Non-Residential
• Sign Review
• Encroachment Permit: Parklet or Sidewalk Dining
• Encroachment Fees: Parklet
• In Lieu Parking Fee
• Seaman's Lodge Rental Fee for Business Use
• Special Event Fees for Business Generating Event
As of April 20, 2023, the City has approved 173 business applicants for the fee waiver program. $12,586 has been used by businesses to date.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The City Council has authorized a maximum amount of $100,000 for the program.

STRATEGIC PLAN ALIGNMENT:

The Business Development and Sustainability Fee Waiver Program was created consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support. The program specifically addresses, in part, goal #8 of the initiative, “Work with businesses to actively curate the eclectic mix of uniquely Nevada City businesses within the community and actively seek to recruit and retain businesses from outside the City.”
This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

None.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 04
Subject: Consideration of Resolution 2023-17: A Resolution of the City Council of the City of Nevada City Repealing and Replacing Resolution 2023-11 and Approving the Appointment of City Council Members to Internal and External Committees and Regional Bodies Through June 30, 2023, to Appoint a Councilmember as the Alternate to the Pioneer Community Energy JPA Board.

From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

At the October 26, 2022, Regular City Council meeting, the City Council adopted Ordinance 2022-12 Authorizing the Implementation of a Community Choice Aggregation Program and adopted Resolution 2022-64 Requesting Membership in Pioneer Community Energy. The California Public Utility Commission approved the Implementation Plan and the city is now eligible to join the Pioneer Energy JPA and the JPA will begin providing power in Nevada City beginning January 1, 2024.

At the March 22, 2023, Regular City Council meeting, the City Council adopted Resolution 2023-11 adding a councilmember appointee to the JPA Board. The JPA has requested than alternate be appointed for occasion when the appointed councilmember is unavailable. Councilmember Ceci is already assigned to the Infrastructure Committee with Councilmember Petersen, the primary for the JPA Board, and is recommended to serve as the alternate for the JPA Board. Adoption of the resolution would add this assignment to the list of internal and external committees and regional bodies appointment list.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

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

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

The adoption of the Resolution does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5).

LEGAL REVIEW:

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

ATTACHMENTS:

Resolution 2023-17
RESOLUTION NO. 2023-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY REPEALING AND REPLACING RESOLUTION NO. 2023-11 AND APPROVING THE

APPOINTMENT OF CITY COUNCIL MEMBERS TO INTERNAL AND EXTERNAL COMMITTEES AND REGIONAL BODIES THROUGH JUNE 30, 2023
WHEREAS, after each annual City Council reorganization and seating of a new Mayor and Vice Mayor, the newly seated Mayor reviews and makes certain appointments of Council Members to serve on various internal and external committees and regional bodies; and WHEREAS, on October 26, 2022, the City Council adopted Resolution 2023-63 confirming the Mayor’s appointments by resolution and rescinding all previous appointments; and
WHEREAS, the City of Nevada City has joined the Pioneer Community Energy Joint Powers Authority (JPA) and desires to appoint a City Councilmember to represent the City on the JPA; and
WHEREAS, on March 22, 2023, the City Council adopted Resolution 2023-11 appointing a Councilmember to the JPA Board; and
WHEREAS, the City Council desires to appoint an alternate to the JPA Board and to continue participate in both internal and external committees and regional bodies by assignment; NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Nevada City hereby approves:

1. That City Council Members are appointed to the internal and external committees and regional bodies as listed in Exhibit A.

2. That all previous assignments to internal and external committees and regional bodies are rescinded.

3. That this resolution is effective immediately upon its enactment by the City Council.

4. That the City Manager and Deputy City Clerk are directed to transmit this resolution to all external committees and regional bodies.

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 26th day of April, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Doug Fleming, Mayor
ATTEST:

Niel Locke, City Clerk

EXHIBIT A
City Council Member Internal and External Committee and Regional Body Appointments July 1, 2022 – June 30, 2023
External Committees and Regional Bodies Primary 2nd Primary Alternate 2nd Alternate Local Agency Formation Committee (LAFCo) Petersen Ceci
Solid/Hazardous Waste Kline Ceci
Nevada County Transportation Commission (NCTC) Fernández Petersen Nevada County Connects Transit Services Committee Fernández Petersen Nevada County Economic Resource Council
(NCERC) Fleming Kline
Nevada City / Grass Valley Cultural District Fernández Kline League of California Cities (voting member) Fleming Fernández Petersen Regional Housing Fleming Fernández
Chamber of Commerce Ceci Kline
Social Justice & Racial Equity (County Jedi Group) Petersen Fleming Nevada City Rancheria Nisenan Tribal Liaison Fernández
Pioneer Community Energy JPA Petersen Ceci
Internal Committees Primary 2nd Primary
Fire Safety Advisory Ceci Kline
Policing Petersen Fernández
Housing Fleming Fernández
Water Petersen Ceci
Business and Industry Ceci Kline
Vibrancy Fernández Kline
Infrastructure Petersen Ceci
Parks and Recreation Fleming Petersen

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 05
Subject: Consideration of the Fire Safety Advisory Committee Recommendation for the Appointment of the Nancy Weber to Fill the Vacant Committee Member Position Through the Term Ending September 15, 2024
From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the appointment.

ISSUE STATEMENT AND DISCUSSION:

At the September 14, 2022, City Council meeting two community members were reappointed and three community members were newly appointed to a two-year term on the Fire Safety Advisory Committee by the City Council. One of the reappointed members has resigned from the committee upon appointment of a replacement. The City Council adopted Standards and Procedures section 5.2(e) specifies, among other requirements, that a public announcement of the vacancy be announced at a City Council meeting. The City Council approved this announcement at the March 22, 2023, regular City Council meeting. The vacancy has been posted on the City’s website and at City Hall since March 17, 2023, along with the posting of the agenda for the March 22, 2023 meeting.

No applications were received by the City since the posting. The Fire Safety Advisory Committee took up the matter at their April 20, 2023 meeting and recommended that the City Council appoint Nancy Weber to the vacant committee position. Ms. Weber meets the requirements for appointment including being a resident of the City. If appointed she will serve the duration of the vacancy appointment which is through September 15, 2024.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

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

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

None.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 06
Subject: Second Reading and Consideration of Ordinance No. 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05
(“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances.

From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hold second reading and adopt the ordinance.

ISSUE STATEMENT AND DISCUSSION:

At the April 12, 2023 Regular City Council meeting the City Council conducted first reading of Ordinance No. 2023-04: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 8.05 (“Vacant Building and Storefront Nuisances”) to Title 8 (“Health and Safety”) to the City of Nevada City Municipal Code, Relating to Vacant Building and Storefront Nuisances and adopted Resolution No. 2023-14 establishing fees relative to the ordinance.

The City has long had vacant storefronts and commercial buildings that can create a blight. Through the City’s Strategic Planning process there was a wide range of input indicating the desire to fill vacant storefronts and to minimize the blight caused by those that remain vacant. Once of the strategic initiatives within the City’s 2022-2027 Strategic Plan is Business: Business, industry, and cannabis support. Goal #1 of that strategic initiative is, “Pursue a vacant storefronts mitigation program”. The Business Strategic Initiative Committee met on January 3, 2023, and reviewed information from other City’s with existing vacant storefronts ordinances. Staff generated a draft ordinance which was reviewed by the committee on March 29, 2023, and public comment was taken. The committee recommended that the ordinance be advanced for consideration of the City Council and that a process to allow fees collected to be applied to future occupant business of vacant storefronts be considered in the council presentation.

The attached ordinance 2023-04 would add Chapter 8.05 to the Municipal Code titled “Vacant Building and Storefront Nuisances”. The ordinance would establish process to stop and reverse blight caused by vacant non-residential properties. It would require Vacant building registration within 30 days after it has become vacant; or within 10 days after notice to do so from the enforcement official; whichever occurs first. As part of the registration the property owner would be required to submit a picture showing how the storefront will be prepared in compliance with the law for appearance purposes. Code enforcement will provide routine inspections of the property and enforce the regulation and the appearance consistent with the submitted picture and standards. An initial and quarterly fee will be assessed for applicable properties.

The property must stay on the registry until it is occupied and in compliance with the ordinance, or it under permitted construction for repair or rehabilitation.

The adopted resolution 2023-14 establishes fees of $175 for initial registration and a quarterly fee of $225 for building monitoring.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is no direct financial impact related to action.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Business: Business, industry, and cannabis support.

The action specifically addresses, in part, goal #1, “Pursue a vacant storefronts mitigation program”.

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 2023-04

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 07
Subject: Consideration of a Request from Magic Lantern
Corporation DBA Nevada City Film Festival for Monetary
Sponsorship in the Amount of $2500 for the Nevada City Film Festival and for Fee Waiver of $930 for Use of the Pioneer Park Bandshell and Adjacent Field for the “Movies Under the Pines” Outdoor Film Exhibition on June 23, July 7, and July 28, 2023
From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship and fee waiver.

ISSUE STATEMENT AND DISCUSSION:

The 23rd annual Nevada City Film Festival is scheduled for June 23-25, 2023 and the Movie Under the Pines event using the Pioneer bandshell and adjacent field is scheduled for June 30, July 7, and July 28, 2023. A request for the following monetary sponsorship and fee waiver is has been made • Gold level sponsorship of $2500 as identified in the Nevada City Film Festival event proposal which includes the placement of the City logo in various materials as noted. • Waiver of half of the event fees and the sound monitoring fees for the Movies Under the Pines in the amount of $930.

Attached is a guide to the positive impact the festival is anticipated to have on the local economy that totals over $70,000. The sponsorship and fee waiver is similar to previous years and consistent with the City Council’s actions with regard to the recent Wild & Scenic Film Festival. A representative from the film festival will present this item to the City Council.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The total fees to be waived is $930 and the total contribution amount is $2500. If approved the $2500 will be funded from the City’s “Community Agency” Account 4655 which has funds specific to this type of sponsorship.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

NC Film Festival Economic Impact Statement
NC Film Festival Proposal
Quick Guide to the Impact of
The Nevada City Film Festival on the Local Economy
Lodging
The Nevada City Film Festival hosts a number of visiting filmmakers, comedians, artists, and judges throughout the year. Just for the film festival NCFF rents over 30 rooms for 2 nights, at the National, Broad Street Inn, and the Outside Inn, ranging in price per night from $150-$350, plus 2 short term rental homes for a week each (Economic Impact $11,500). We are projected to pay $25,000 in lodging for events throughout this year.

Food
The Nevada City Film Festival provides food for visiting filmmakers and comedians, which is from a variety of local businesses, including Lola, Three Forks Bakery, Way Yum Sushi, Miner Moe’s, BriarPatch Co-op, and Marshall’s Pasties.

Popcorn and sodas sold by NCFF are from SPD and Natural Selection. We serve Three Forks beer and Chacewater wine. (Economic Impact $3500-5500) Venues
NCFF rents the Nevada Theatre for a total of $7500 for the year. Our insurance is purchased locally.

Collateral
All t-shirts, programs, fliers, posters, and banners are printed locally. (Economic Impact $4500-$6000)
Advertising
NCFF spends over $25,000 a year to advertise in YubaNet, The Union, Moonshine Ink (Tahoe/Truckee), NC Gold, KVMR, KNCO, CPR (Reno to Quincy to Davis), and Facebook (Northern California, SF, and LA).

NCFF SPENDS (not including contractor fees and local advertising between $68,500-$72,000 in the community each year)

ATTENDEE SPENDING
In 2022, NCFF sold 4,277 tickets. 66% of the audience traveled 30+ miles to attend the festival, with the majority of people coming from the Greater Sacramento Valley region, Yuba City/Marysville, Bay Area and Los Angeles. 76% of our demographic are under the age of 50 and 60% are between the ages of 25-45. We are still working on determining how many people stay overnight, most of the information we have collected indicates that folks are only coming up for the day or night to attend an event. If they do stay the night it is with a friend.

The average attendee spends $75/day ($5 latte + $12 sandwich + $25 dinner + drinks/gas/souvenirs).

For a grand total of $320,775
#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

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 08
Subject: Consideration of a Contract with Cal Poly Humboldt Sponsored Programs Foundation to Develop a Cannabis Equity Assessment and Program in an Amount Not-To-Exceed
$30,000.

From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the contract.

ISSUE STATEMENT AND DISCUSSION:

On December 12, 2022, staff submitted an application for the California Governor’s Office of Business and Economic Development (Go-Biz) Cannabis Equity Grant program for Type 1 grant funding to conduct an equity analysis and develop an equity program in Nevada City in the amount of $48,729.86. The City was awarded the grant on January 31, 2023. On February 22, 2023, the City Council adopted Resolution 2022- 08 accepting the grant funding.

A local Cannabis Equity Assessment and Cannabis Equity Program are required for the City to be able to seek Type 2 grant funding from Go-Biz to provide specific financial support programs to the cannabis industry. The City has partnered with Cal Poly Humboldt Sponsored Programs Foundation (SPF) to develop the Cannabis Equity Assessment and a Cannabis Equity Program for future consideration of the City Council. Cal Poly Humboldt SPF has performed many similar activities including having completed the County of Nevada Cannabis Equity Assessment. The attached contract authorizes the City Manager to execute the agreement with Cal Poly Humboldt SPF. The total cost of the contract is $30,000 which is fully funded through the Cannabis Equity Grant award from Go-Biz and there is no match.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The $30,000 contract cost will be paid for out of Cannabis Equity Grant funds.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Business: Business, Industry, and Cannabis Support.

Specifically, the action addresses business initiative goal #8, “Actively pursue grants including Economic Development partnership opportunities and the Cannabis Equity Grant Program.” ENVIRONMENTAL CONSIDERATIONS:

None
ATTACHMENTS:

Contract with Cal Poly Humboldt SPF
This Agreement is made and entered into by and between the City of Nevada City and the Cal Poly Humboldt Sponsored Programs Foundation (SPF).

NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM
This Fixed-Fee Agreement shall be effective from May 1, 2023 through December 31, 2023, after completion of all signatures.

2. SCOPE OF SERVICES
SPF shall provide the products and services as described in the scope of work for the project “CANNABIS EQUITY ASSESSMENT AND PROGRAM DEVELOPMENT” which shall be incorporated as exhibits to this Agreement.

3. COMPENSATION

3.1. Amount: SPF will be compensated a fixed fee of $30,000.

3.2. SPF agrees in the performance of work, duties, obligations, and reporting requirements described in Attachment B Scope of Work. City of Nevada City shall provide funding in accordance with the Payment Schedule as shown in Attachment A. All invoices shall be submitted using SPF’s standard invoice, but at a minimum shall include the deliverable completed and milestone payment amount.

3.3. Questions concerning invoice payments should be directed to the appropriate party’s contact:

SPF:

Christiana Gomez Frye, Grant Analyst
[email protected]
(707) 826-4135
1 Harpst Street, SBS 427, Arcata, CA 95521
City of Nevada City:

Sean Grayson, City Manager
[email protected]
(530) 265-2496 x119
317 Broad Street, Nevada City, CA 95969

4. INSURANCE
Workers’ Compensation: SPF assumes full responsibility for maintaining adequate workers' compensation, General Liability, and disability insurance coverage for SPF or any agents or employees performing services for SPF under the terms of this Agreement, if applicable.

Page 2 of 6 ends

5. INDEPENDENT SPF
SPF is not an agent of, or authorized to transact business, enter into agreements, or otherwise make commitments on behalf of City of Nevada City. City of Nevada City will not pay or withhold federal, state, or local income tax or other payroll tax of any kind on behalf of SPF. Further, SPF is not entitled to any of the fringe benefits of employment, including but not limited to, medical benefits, dental benefits, life insurance, workers’ compensation, disability insurance, liability insurance, or unemployment compensation.

6. DISCLOSURE OF DOCUMENTS
SPF must not disclose any of City of Nevada City’s properly marked confidential documents without written authorization, unless disclosure is required by law.

7. OWNERSHIP OF WORK PRODUCT
SPF retains all rights in and to its pre-existing intellectual property and may adapt existing or develop new methodologies, concepts, templates, materials, or other forms of content ("Intellectual Property") in the performance of the services for City of Nevada City, the ownership and intellectual property rights of which shall rest with the SPF. City of Nevada City shall be granted a non-exclusive, worldwide, royalty-free, perpetual, license to use the Work Product produced for and supplied by the SPF under this contract.

8. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
SPF must not contract with any other entity to perform the services required without written approval by City of Nevada City. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of City of Nevada City.

9. SPF’S PERSONNEL
Employees of SPF must carry out the performance of the services contracted for under this Agreement. SPF must, at its own expense, provide all personnel necessary to perform the services.

SPF warrants that all personnel engaged in the services are qualified to perform the services and must be properly licensed and otherwise authorized to do so under all applicable laws.

10. INDEMNIFICATION
Each party shall indemnify and hold harmless the other, its officers, employees, and agents from and against any and all loss, liability, expense, claim costs (including costs of defense), fines, penalties, consequences, and suits and damages of every kind, nature and description directly or indirectly arising from negligent or intentional acts, errors, or omissions in the performance of this Agreement and responsible party shall pay all claims, damages, judgments, legal costs, adjusters' fees and attorneys' fees related thereto. The SPF, at his sole cost and expense, shall maintain appropriate insurance, including commercial general liability insurance, professional liability insurance and internet liability insurance covering the SPF, in accordance with local laws.

Page 3 of 6 ends

11. MODIFICATIONS
This Agreement constitutes the entire Agreement between both parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by both City of Nevada City and SPF.

12. INTERPRETATION
This Agreement must be interpreted as though prepared by both parties.

13. PRESERVATION OF AGREEMENT
Should any provision of this Agreement be found invalid or unenforceable, the decision will only affect the provision interpreted, and all remaining provisions will remain enforceable.

14. TERMINATION OF AGREEMENT
Either party may terminate this Agreement upon 30 days’ written notice to the other party. City of Nevada City shall reimburse SPF for all costs incurred and work completed prior to the effective date of termination.

15. CALIFORNIA LAW
This Agreement must be construed in accordance with the laws of the State of California. Any action commenced about this Agreement must be filed in the Humboldt County Superior Court.

16. AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

Page 4 of 6 ends

SPF certifies by signing this Agreement that neither it nor its principals are currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency.

IN WITNESS THEREOF, the parties have executed this Agreement on the day and year shown below.

Cal Poly Humboldt Sponsored Programs Foundation (SPF)
Signature: __________________________________________ Date: _________________ Name: Kacie Flynn
Title: Executive Director
Email: [email protected]
Phone: 707-826-5159
Address: 1 Harpst Street, Arcata, CA 95521

City of Nevada City Authorized Official
Signature: __________________________________________ Date: _________________ Name: Sean Grayson
Title: City Manager
Email: [email protected]
Phone: 530-265-2496 x 119
Address: 317 Broad Street, Nevada City, CA 95959

Page 5 of 6 ends

Exhibit A – Schedule of Deliverables and Payment
See Exhibit B for schedule of deliverables and payment. Invoicing will coincide with the completion of each deliverable.

Page 6 of 6 ends

Exhibit B – Scope of Work (see attached Exhibit B)
1 Exhibit B – City of Nevada City Cannabis Equity Grant-Assessment and Program Development Prepared by the California Center for Rural Policy at Cal Poly Humboldt Prepared by: California Center for Rural Policy (CCRP) Submitted to: City of Nevada City Key Contacts: Dawn Arledge, Executive Director
Address: Cal Poly Humboldt, 1 Harpst Street, Arcata, CA 95521 Phone: (707) 267-5815
E-mail: [email protected]
Attn: Sean Grayson, City Manager
Address: 317 Broad Street, Nevada City, CA 95959
Phone: (530) 265-2496 x119
E-mail: [email protected]
Project Summary
Deliverable #1 Deliverable #2
Primary Deliverable; Nevada City Cannabis Equity Assessment Primary Deliverable: Nevada City Local Equity Program Plan Proposed Budget: $20,000 Proposed Budget: $10,000
Proposed Timeline: Months 1-6*
May 2023-October 2023
Proposed Timeline: Months 4-6*
August-October 2023
*Please note that timelines can be adjusted if needed.

Deliverable #1. Nevada City Cannabis Equity Assessment
Major Functions, Tasks, and Activities Timeline* Responsible Parties Deliverable/Documentation Review/summarize Nevada City’s current status with regards to cannabis permitting, licensing, and any historical context necessary to examine cannabis criminalization in the county.

May 2023 CCRP with input from
Nevada City
Summary of findings
Identify list of key partners that can provide input as to the historical context of cannabis cultivation, distribution and enforcement in Nevada City.

May 2023 CCRP with input from
Nevada City
List of key partners
Conduct one-on-one interviews with key partners. May-July 2023 CCRP Interview script.

Identify areas of focus and list of available data to include in equity assessment.

July 2023 CCRP with input from
Nevada City
List of secondary data
sources.

Collect and analyze data, including statistics on poverty, cannabis-related arrests and prosecutions, youth cannabis use, cannabis applications and permitting numbers, and election results on statewide and local cannabis propositions and/or measures. City will assist with requesting and gathering cannabis-related city-level data.

May- August 2023 CCRP & Nevada City Raw data available upon request.

Present the draft equity assessment to City Council and the community-at-large; request input and incorporate feedback.

September 2023 CCRP with input from
Nevada City
Final equity assessment
2 City of Nevada City formally adopts Cannabis Equity
Assessment
October 2023 Nevada City City resolution
Deliverable #2. City of Nevada City Local Equity Program Manual Major Functions, Tasks, and Activities Timeline* Responsible Parties Deliverable/Documentation Review ordinance and current permitting process requirements in Nevada City to incorporate equity program components into existing processes.

August 2023 CCRP with input from
Nevada City
Summary notes from review
of current processes
Based on findings and recommendations from equity
assessment, draft Local Equity Plan for Nevada City
August-September 2023 CCRP with input from
Nevada City
Draft local equity program
manual
Present the draft local equity plan to Nevada City; request input and incorporate feedback.

September 2023 CCRP with input from
Nevada City
High level summary of
proposed local equity
program components & final
equity program manual
City of Nevada City formally adopts Local Equity Plan October 2023 Nevada City City resolution

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: April 26, 2023 Agenda Item No. 09
Subject: Consideration of Resolution No. 2023-16: A
Resolution of the City Council of the City of Nevada City, California Authorizing Submission of an Application for Funding Under the Local Housing Trust Fund Grant Program, Certifying Use of a Future Award of Local Housing Trust Funds (LHTF) in Accordance with Applicable State and
Federal Statutes, Rules, Regulations, and Laws Regarding the LHTF Program, Compliance With any and all Contracts With the California Department of Housing and Community
Development (HCD), Complying With Matching
Requirements Under the LHTF Award, and Authorizing the
Western Nevada County Regional Housing Trust Fund to act as Trustee in Connection with the Funds on Eligible Projects; and authorize appropriation of $10,000 of American Rescue Plan Act (ARPA) funds to be used as matching funds for the LHTF application.

From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution and authorize the ARPA appropriations.

ISSUE STATEMENT AND DISCUSSION:

In 2018, Proposition 1 was approved by California voters to provide grant funding under the LHTF Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) as described in Health and Safety Code section 50842.2 et seq. Chapter 365, Statutes of 2017 (SB 3), which authorized the California Department of Housing and Community Development (“Department”) to provide matching grants to Local Housing Trust Funds established by cities and counties, Native American tribes, and/or incorporated 501(c)(3) nonprofit organizations. Funds may be used for construction loans and/or permanent financing loans to pay for predevelopment costs, acquisition costs, and other costs associated with development or rehabilitation of affordable rental housing projects, emergency shelters, permanent supportive housing, transitional housing, or affordable homebuyer/homeowner projects, including assistance to income-eligible households to purchase for-sale units. Funds may also be used for the construction, conversion, repair, reconstruction or rehabilitation of accessory dwelling units.

On July 14, 2020, the cities of Grass Valley and Nevada City joined with Nevada County in a Memorandum of Understanding, authorized by County resolution 20-316, to form and administer the Western Nevada County Regional Housing Trust Fund (WNCRHTF). At the same time, the Board authorized, with resolution 20-315, the acceptance of the Permanent Local Housing Allocation (PLHA) Plan, which pledged the funds from the three member agencies for a five-year period to be allocated to the WNCRHTF for the purposes of funding affordable housing projects and to be pooled together to support homelessness activities. Finally, on that same day, County Resolution 20-317 authorized the County to submit an application to the State’s LHTF matching program, which was awarded on February 3, 2021. Since then, the WNCRHTF has awarded a loan for the Cashin’s Field workforce housing project and is currently reviewing proposals for its next award of funds.

The State has released a notice of funding availability (NOFA) that a new round of matching LHTF is available with the application due May 17, 2023. On May 9, 2023, the County of Nevada Board of Supervisors will hear a request for approval to submit an application utilizing the WNCRHTF FY 22/23 allocation of PLHA, a $10,000 contribution from the City of Nevada City, and $500,000 from the County’s General Fund and $500,000 in the County’s ARPA allocation for housing projects as its matching funds.

Should the matching funds be awarded, they will be used as resources by the WNCRHTF, administered by the County as the lead agency, to provide loans for acquisition, predevelopment expenses and development of affordable rental housing projects, transitional housing projects, and homeownership projects in the region.

This requested action by the City Council continues Nevada City’s participation in the WNCRHTF and commits to supporting the County’s application including a $10,000 contribution from Nevada City.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The requested action appropriate a $10,000 contribution from Nevada City that would come from restricted American Rescue Plan Act (ARPA) funds and be budgeted for in the Fiscal Year 2023/2024 annual budget.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Business: Business, industry, and cannabis support.

The action specifically addresses, in part, goal #1, “Pursue a vacant storefronts mitigation program”.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

Resolution 2023-16
RESOLUTION NO. 2023-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA

AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDING UNDER THE LOCAL

HOUSING TRUST FUND GRANT PROGRAM, CERTIFYING USE OF A FUTURE AWARD

OF LOCAL HOUSING TRUST FUNDS (LHTF) IN ACCORDANCE WITH APPLICABLE

STATE AND FEDERAL STATUTES, RULES, REGULATIONS AND LAWS REGARDING THE

LHTF PROGRAM, COMPLIANCE WITH ANY AND ALL CONTRACTS WITH THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD),

COMPLYING WITH MATCHING REQUIREMENTS UNDER THE LHTF AWARD, AND

AUTHORIZING THE WESTERN NEVADA COUNTY REGIONAL HOUSING TRUST FUND

TO ACT AS TRUSTEE IN CONNECTION WITH THE FUNDS TO ELIGIBLE PROJECTS WHEREAS, the Department is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3) (“Program”); and
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 3/7/2023 under the LHTF Program; and
WHEREAS, the Applicant is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds on behalf of the County of Nevada, the City of Grass Valley, and the City of Nevada City; and WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of H&S Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients;
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Nevada City, California, that if Applicant receives an award of LHTF funds from the department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”).

BE IT FURTHER RESOLVED that the Western Nevada County Regional Housing Trust Fund is hereby authorized to act as the trustee in connection with the Department's funds to Eligible Projects pursuant to the above described Notice of Funding Availability in an amount not to exceed $2,000,000 (the "LHTF Award"), including administrative costs, pursuant to Section 105(b) of the Guidelines.

1. Applicant hereby agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching finds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c).

2. Pursuant to Attachment 1 and the Applicant’s certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

3. Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Funds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was found by the Department to be in compliance and that have submitted their Housing Element Annual Progress Report (APR) for the current year or prior year by the application due date.

4. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 and LHTF Program Guidelines.

5. Mike Dent, Director of Housing and Community Services, County of Nevada as lead agency representative is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular scheduled meeting of the City Council held on this 26th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Doug Fleming, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
Attachment 1
The Program Funds will be used for affordable housing developments located within the three jurisdictions that incorporate the “Western Nevada County Regional Housing Trust Fund,” (WNCRHTF). This is Nevada County, City of Grass Valley and City of Nevada.

Pursuant to County of Nevada Resolution 20-316, the WNCRHTF was established with funds from the three jurisdictions’ Permanent Local Housing Allocations (PLHA) annually from the California Department of Housing and Community Development (HCD) as well as an additional $500,000 from Nevada County general fund in 2020.

WNCRHTF funds pledged to the 2023 Local Housing Trust Fund application are as follows:
$ 743,069 from 2021/22 PLHA (80% of total),
$ 500,000 from Nevada County’s general fund,
$ 500,000 from Nevada County’s American Rescue Plan Act (ARPA) allocation, and $ 10,000 from City of Nevada’s general fund.
$1,753,069 Total Local Matching Funds in WNCRHTF
The PLHA funds allocated to WNCRHTF from each jurisdiction are as follows:
2021/22
Nevada County $453,179
City of Grass Valley $180,394
City of Nevada $109,496
Total $743,069
The matching funds from HCD’s Local Housing Trust Fund program will be used with the local funds to be awarded to potential affordable housing developments that will have Area Median Income (AMI) levels from 30% to a maximum of 60% for units funded with the Western Nevada County Regional Housing Trust Fund dollars. At least 30% of funds will be expended on households with AMI levels of 30% within Nevada City, Grass Valley, or the County of Nevada.

The WNCRHTF will establish a Request for Proposal (RFP) once all funds have been committed from the State and Local sources. Within that RFP, loan terms, loan amounts and scoring criteria will be established for each funding round that is made available for affordable housing projects within the WNCRHTF jurisdiction.

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