City of Nevada City
City Council
REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY July 27, 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.
Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, Council Member
Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 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, i.e.: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session 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 Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ 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 threeminute 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
New Employee Introduction: Jesse Burmeister, Police Officer New Employee Introduction: Donna Wilkins, Administrative Services Technician Proclamation: National Night Out August 1, 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-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.
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. Fire Activity Report – June 2023
Recommended Action: Receive and file the report
2. Business Development Fee Waiver Program Close-Out Report Recommended Action: Receive and file the report
3. Consideration of the Approval to Purchase of Two (2) Ford Explorer Interceptor Vehicles from Nevada County Consolidated Fire District in an Amount of $38,000 Authorizing the City Manager to Sign and Required Documents Recommended Action: Approve the purchase and authorize the City Manager to sign any required documents
4. Consideration of a City Investment Report for the 2nd Quarter 2023 Recommended Action: Receive and file the report
5. Second Reading and Consideration of Ordinance 2023-06: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 17.118 (“Public Art Requirements”) to Title 17 (“Zoning”) of the Nevada City Municipal Code, Relating to Public Art Requirements
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.
PUBLIC HEARINGS: Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
6. Conduct a Public Hearing in Consideration of Ordinance 2023-07: An Ordinance of the City Council of the City of Nevada City, State of California Amending Sections
18.01.060, 17.30.080, 16.04.054, 17.30.020,17.32.020, 17.36.020, 17.40.020, 17.52.020,
17.12.125, 17.80.030, 17.12.090, 17.12.130, and Repealing Section 17.68.025 in Order to Update the City of Nevada City Municipal Code to be Consistent With Goals, Objectives, Polices, and Programs Adopted as Part of the 2019-2027 Housing Element Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for August 9, 2023
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the July 27, 2023, Regular Meeting of the Nevada City City Council was posted July 21, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed July 21, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
City of Nevada City
City Council
REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY July 27, 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.
Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, Council Member
Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:
The public is encouraged to participate in or observe this meeting by:
1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.
2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ
3. Observe this meeting live from the local government cable channel 17 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, i.e.: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session 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 Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ 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 threeminute 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
New Employee Introduction: Jesse Burmeister, Police Officer New Employee Introduction: Donna Wilkins, Administrative Services Technician Proclamation: National Night Out August 1, 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-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.
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. Fire Activity Report – June 2023
Recommended Action: Receive and file the report
2. Business Development Fee Waiver Program Close-Out Report Recommended Action: Receive and file the report
3. Consideration of the Approval to Purchase of Two (2) Ford Explorer Interceptor Vehicles from Nevada County Consolidated Fire District in an Amount of $38,000 Authorizing the City Manager to Sign and Required Documents Recommended Action: Approve the purchase and authorize the City Manager to sign any required documents
4. Consideration of a City Investment Report for the 2nd Quarter 2023 Recommended Action: Receive and file the report
5. Second Reading and Consideration of Ordinance 2023-06: An Ordinance of the City Council of the City of Nevada City, State of California, Adding Chapter 17.118 (“Public Art Requirements”) to Title 17 (“Zoning”) of the Nevada City Municipal Code, Relating to Public Art Requirements
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.
PUBLIC HEARINGS: Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.
6. Conduct a Public Hearing in Consideration of Ordinance 2023-07: An Ordinance of the City Council of the City of Nevada City, State of California Amending Sections
18.01.060, 17.30.080, 16.04.054, 17.30.020,17.32.020, 17.36.020, 17.40.020, 17.52.020,
17.12.125, 17.80.030, 17.12.090, 17.12.130, and Repealing Section 17.68.025 in Order to Update the City of Nevada City Municipal Code to be Consistent With Goals, Objectives, Polices, and Programs Adopted as Part of the 2019-2027 Housing Element Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for August 9, 2023
CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS
ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.
Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the July 27, 2023, Regular Meeting of the Nevada City City Council was posted July 21, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.
Signed July 21, 2023, at Nevada City, California
____________________________________________________________ Sean Grayson, City Manager
PROCLAMATION
National Night Out August 1, 2023
WHEREAS, National Night Out is a nationwide annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make neighborhoods a safer, better place to live; and
WHEREAS, the City of Nevada City and City of Grass Valley have partnered to expand National Night Out as a community-building public safety initiative recognizing our Police, Fire, Public Works and allied public safety partners; and
WHEREAS, the City of Nevada City and City of Grass Valley rotate hosting the National Night Out event so that both communities can share in one collective celebration, with 2023 hosted by the City of Grass Valley; and
WHEREAS, 2023 is the “40th Annual National Night Out” and provides a unique opportunity for the City of Nevada City and City of Grass Valley to join forces with 38 million people and over 16,000 communities from all fifty states, U.S. territories, Canadian cities and military bases in promoting cooperative, policecommunity crime prevention efforts; and WHEREAS, the City, the City Council, and the entire community play a vital role in assisting the Nevada City Police Department through joint crime, drug, and violence prevention efforts in the City of Nevada City and is supporting “National Night Out 2023” locally; and WHEREAS, It is essential that all citizens of the City of Nevada City be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs, and violence in Nevada City and our greater community;
NOW, THEREFORE, be it resolved that the City Council of the City of Nevada City does hereby recognize August 1, 2023, as National Night Out in Nevada City and urges all those who live, work, play, and thrive in the City to attend the “40th Annual National Night Out” on August 1, 2023 in Grass Valley.
Dated this 27th day of July 2023
______________________________________
Daniela Fernández, Mayor
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 27, 2023 Agenda Item No. 01
Subject: Fire Activity Report – June 2023
From: Sam Goodspeed, Division Chief
Date: July 20, 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 74 19
Total: 4 Total: 74
Avg: 18.50
Apparatus Resource ID (FD18.1): Engine 43
1 5 5
Total: 1 Total: 5
Avg: 5.00
Apparatus Resource ID (FD18.1): Engine 84
9 114 13
Total: 9 Total: 114
Avg: 12.67
Apparatus Resource ID (FD18.1): Engine 86
3 58 19
Total: 3 Total: 58
Avg: 19.33
Apparatus Resource ID (FD18.1): Rescue 84
23 439 19
Total: 23 Total: 439
Avg: 19.09
Total: 40 Total: 690
Avg: 14.92
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: 07/14/2023 08:10:34 AM
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 2 1.52%
113 - Cooking fire, confined to container 1 0.76%
141 - Forest, woods or wildland fire 1 0.76%
142 - Brush or brush-and-grass mixture
fire
2 1.52%
160 - Special outside fire, other 1 0.76%
Total: 7 Total: 5.30% 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 1 0.76%
321 - EMS call, excluding vehicle accident
with injury
66 50.00%
322 - Motor vehicle accident with injuries 2 1.52%
324 - Motor vehicle accident with no
injuries.
3 2.27%
361 - Swimming/recreational water areas
rescue
1 0.76%
Total: 73 Total: 55.30% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 0.76%
412 - Gas leak (natural gas or LPG) 2 1.52%
445 - Arcing, shorted electrical equipment 1 0.76%
463 - Vehicle accident, general cleanup 3 2.27%
Total: 7 Total: 5.30% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
551 - Assist police or other governmental
agency
1 0.76%
553 - Public service 8 6.06%
554 - Assist invalid 4 3.03%
Total: 13 Total: 9.85% 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 10 7.58%
6111 - Holding in Quarters 1 0.76%
622 - No incident found on arrival at
dispatch address
2 1.52%
631 - Authorized controlled burning 1 0.76%
641 - Vicinity alarm (incident in other
location)
1 0.76%
Total: 15 Total: 11.36% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 713 - Telephone, malicious false alarm 1 0.76%
715 - Local alarm system, malicious false
alarm
1 0.76%
733 - Smoke detector activation due to
malfunction
1 0.76%
735 - Alarm system sounded due to
malfunction
6 4.55%
743 - Smoke detector activation, no fire -
unintentional
2 1.52%
744 - Detector activation, no fire -
unintentional
1 0.76%
745 - Alarm system activation, no fire -
unintentional
4 3.03%
1 of 2 Printed On: 07/14/2023 08:03:43 AM
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
Basic Incident Type (Fd1.21):
Apparatus Resource Id (Fd18.1):
Basic Incident Date - Derived (Fd1.3):
Agency Name:
Total: 16 Total: 12.12% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 8 - Severe Weather & Natural Disaster 812 - Flood assessment 1 0.76%
Total: 1 Total: 0.76% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 132 Total: 100.00% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
2 of 2 Printed On: 07/14/2023 08:03:43 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 6 1 - Station 1 - City 4
2 - Station 2 - City 29
5 - Station 5 - City 56
NCC 54 15
NCC 84 18
NCC 86 2
NCC 87 3
NCC 91/92 1
Ophir Hill 4
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 07/14/2023 08:03:49 AM
Basic Incident Zone/District Number (Fd1.32):
Basic Incident Postal Code (Fd1.19):
Basic Incident Date - Derived (Fd1.3):
Agency Name:
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): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
33 58.93%
Total: 33 Total: 58.93% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 411 - Gasoline or other flammable liquid
spill
1 1.79%
412 - Gas leak (natural gas or LPG) 1 1.79%
445 - Arcing, shorted electrical equipment 1 1.79%
463 - Vehicle accident, general cleanup 3 5.36%
Total: 6 Total: 10.71% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 5 - Service Call
553 - Public service 3 5.36%
561 - Unauthorized burning 1 1.79%
Total: 4 Total: 7.14% 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 2 3.57%
622 - No incident found on arrival at
dispatch address
1 1.79%
631 - Authorized controlled burning 1 1.79%
Total: 4 Total: 7.14% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Incident Type Category (FD1.21): 7 - False Alarm & False Call 735 - Alarm system sounded due to
malfunction
5 8.93%
743 - Smoke detector activation, no fire -
unintentional
1 1.79%
744 - Detector activation, no fire -
unintentional
1 1.79%
745 - Alarm system activation, no fire -
unintentional
2 3.57%
Total: 9 Total: 16.07% Total: 0.00 Total: 0.00 Total:
0.00 Total: 0.00%
Total: 56 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
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 07/14/2023 08:03:38 AM
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 27, 2023 Agenda Item No. 02
Subject: Business Development Fee Waiver Program CloseOut Report From: Sean Grayson, City Manager
Date: July 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 ended 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 were limited a maximum of $2000 in fee waivers. Eligible applicants included existing businesses operating in good standing in Nevada City with a current business license in the City. Businesses new to Nevada City were 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 included 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
The following represents the program data when it ended on June 30, 2023:
• The City approved 247 business applicants for the fee waiver program. • Of the approve applicants, 113 were new businesses to Nevada City. • The City approved a maximum of $77,657 in fee waivers split between $2000 for existing local businesses with a physical presence and $125 for businesses outside Nevada City or without a physical presence.
• A total of $39,528 of approved fee waivers was used by businesses. • A total of $24,800 of the approved fee waivers use was on business license renewal.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None for this report.
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: July 27, 2023 Agenda Item No. 03
Subject: Consideration of the Approval to Purchase of Two (2) Ford Explorer Interceptor Vehicles from Nevada County
Consolidated Fire District in an Amount of $38,000
Authorizing the City Manager to Sign and Required
Documents.
From: Sean Grayson, City Manager
Date: July 17, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Approve the purchase and authorize the City Manager to sign any required documents.
ISSUE STATEMENT AND DISCUSSION:
In the fiscal year 2023/2024 budget the City Council approved a new Community Risk Reduction and Outreach position. $65,000 was budgeted for a vehicle for the position. The vehicle assigned to the City Manager is scheduled for replacement in the adopted Capital Improvement Program in 2024 due to high mileage, cost of maintenance, and known limited life of the hybrid battery system in the vehicle. The vehicle was recently evaluated for needed repairs and it was determined that the cost of repairs would likely exceed the value of the vehicle. A similar Ford Fusion with only 24,000 miles has been assigned to the City Manager but needs to be returned to the Police Department fleet.
Nevada County Consolidated Fire District notified the City of the availability of two Ford Explorer Interceptor vehicles that are not used in their fleet and that they intend to sell. One is a 2017 with 71,552 miles and the second is a 2018 with 49,289 miles. Both vehicles have been maintained by the District’s fleet department with low cost of maintenance and no repairs. The vehicles are all wheel drive, equipped for emergency use, and will meet the needs of both the identified needed vehicles. The vehicles are offered to the City at $18,000 and $20,000 respectively for a total of $38,000. The total represents a 20% savings over open market purchase of similar vehicles without equipment upgrades and a 60% savings or new purchase cost. Both vehicles are anticipated to have a 10-year lifespan in the City fleet and 5 additional years as limited use vehicles for parks and recreation and/or public works.
On July 20, 2023, the District Board approved the sale of the vehicles to the City as the prices noted.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The purchase amount of $38,000 is budgeted in the City Manager Measure “C” Fixed Assets Account.
Once placed in service, insurance, ongoing maintenance, and operations expenses will be covered by the existing City budget. The vehicle changes will be reflected in the fleet replacement program to be presented with the Fiscal Year 2024/2025 Budget and Capital Improvement Program (CIP) update.
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:
Sale Price Letter – Nevada County Consolidated Fire
Nevada County Consolidated Fire District
640 Coyote Street, Nevada City, CA 95959
(530) 265-4431 FAX (530) 265-4438
[email protected] ● www.nccfire.com
July 6, 2023
Re: Ford Explorer Vehicles
Chief Foss,
As discussed, our agency currently hastwo (2) Ford Explorer police interceptor vehicles we wish to sell. Our fleet supervisor has indicated both units have been outfitted with code 3 light and siren packages, handgun storage boxes with one car having a shotgun storage rack in the rear.
We plan to remove the mobile radio heads but can assist with the reinstall of the radios of your choice. The vehicle information with asking price is as follows:
1) 2017 Ford Explorer Vin #1FM5K8AR6HGB72804 Mileage 71,552 Price $18,000 2) 2018 Ford Explorer Vin #1FM5K8AR7JGA20911 Mileage 49,289 Price $20,000 Please contact me if you have any questions or would like to inspect them further. I can also put you in touch with Kevin Greene our fleet supervisor should you have any questions.
Thank you,
Jason Robitaille
Fire Chief
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 27, 2023 Agenda Item No. 04
Subject: Consideration of a City Investment Report for the 2nd Quarter 2023.
From: Stephen Erlandson, Interim Assistant City Manager Date: July 19, 2023
Reviewed & Approved:
City Manager: STG
City Attorney:
Recommended Action: Receive and file the report.
ISSUE STATEMENT AND DISCUSSION:
The City Investment Policy requires the City Manager to submit a quarterly cash and investment report to the City Council that contains a summary of investment transactions including investment types, percent of portfolio, yield, purchase date, maturity date, issuer or institution, par and dollar amount invested, market value, source of market valuation, and the portfolio’s average weighted yield and maturity.
The quarterly cash and investment report provides a summary of the cash and investment accounts held by the City for the quarter ended June 30, 2023. In order to manage its cash and investments, the City combines cash resources from all funds into a single pool consisting of a number of accounts and securities. The balance in the pooled cash account includes cash and liquid investments that are available to meet the City’s current cash needs. Cash in excess of the City’s current cash needs is invested in interest-bearing investments with various maturities.
Time Value Investments, Inc. (TVI) manages and makes recommendations for $1,236,003.02 (market value) of the City’s investment portfolio. City staff directly manages the LAIF pooled investment of $532,282.45 and all of the City’s Tri Counties checking accounts.
Detailed information regarding the securities contained in the City’s investment portfolio is provided in the City’s Investment Report (Attachment).
FINANCIAL AND/OR POLICY IMPLICATIONS:
There is no fiscal impact as a result of this action.
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:
➢ Investment Report for the Quarter Ended June 30, 2023
CITY OF NEVADA CITY
INVESTMENT REPORT
as of
June 30, 2023
Sean Grayson
CITY MANAGER
Stephen Erlandson
INTERIM ASSISTANT CITY MANAGER
July 27, 2023
CITY OF NEVADA CITY
INVESTMENT REPORT
TABLE OF CONTENTS
Statement of Compliance/Non-Compliance 1
Report of Cash and Investments 2
LAIF Investment Reports 4
Time Value Investments Statement 7
City of Nevada City
Statement of Compliance/Non-Compliance
with the City’s Investment Policy
The undersigned officers of the City of Nevada City hereby certify that:
As of June 30, 2023, the City of Nevada investment report includes all cash and investments of the City and is in conformance with all State laws and in compliance with the Investment Policy adopted at the January 25, 2023 Regular City Council Meeting. At the time of the report, there is sufficient liquidity from cash, cash equivalents, and anticipated revenues available to meet the City’s budgeted expenditure requirements for the next six months.
Sean Grayson Stephen Erlandson
City Manager Interim Assistant City Manager
1 Description
Settlement
Date
Maturity
Date
Shares/
Par Value
Coupon
Rate Yield Cost
Percent of
Portfolio
Market *
Value
Cash in Bank
Petty Cash $ 1,300.00 $ 1,300.00
Tri Counties Bank General Checking 4,355,349.07 4,355,349.07 Tri Counties Bank Core Cannabis Checking 2,837,575.72 2,837,575.72 Tri Counties Bank Fire Checking - -
Time Value Investments Money Market 7,605.09 7,605.09
Total - Cash in Bank $ 7,201,829.88 79.85% $ 7,201,829.88 Pooled Investments
Local Agency Investment Fund 3.167% $ 532,282.45 $ 532,282.45 Total - Pooled Investments $ 532,282.45 5.90% $ 532,282.45 Certificates of Deposit
American Express National Bank- 02589AC67 4/13/22 4/14/25 $ 246,000.00 2.600% 2.710% $ 246,000.00 $ 234,223.98 Capital One Bank - 14042TFJ1 4/13/22 4/13/27 246,000.00 2.700% 2.910% 246,000.00 223,983.00 Comenity Capital Bank - 20033A2Z8 4/14/22 4/14/26 249,000.00 2.600% 2.760% 249,000.00 230,959.95 Total - Certificates of Deposit $ 741,000.00 $ 741,000.00 8.22% $ 689,166.93 US Treasury Notes
9128286R6 4/30/19 4/30/24 $ 250,000.00 2.250% 2.320% $ 242,147.50 $ 243,515.00 Total - US Treasury Notes $ 250,000.00 $ 242,147.50 2.68% $ 243,515.00 Agencies:
Federal Farm Credit Bank (FFCB)
3133EPHE8 4/28/23 4/28/25 $ 300,000.00 4.250% 3.970% $ 301,698.65 $ 295,716.00 Total - Federal Farm Credit Bank (FFCB) $ 300,000.00 $ 301,698.65 3.35% $ 295,716.00 $ 1,291,000.00 $ 1,284,846.15 14.25% $ 1,228,397.93
$ 1,817,128.60 $ 1,760,680.38
$ 9,018,958.48 100.00% $ 8,962,510.26
645 Days
456 Days
2.98%
3.04%
Total City Cash and Investments
City of Nevada City
Report of Cash and Investments
for the Quarter Ended June 30, 2023
Total City Investments, Excluding Pooled Investments
Total City Investments, Including Pooled Investments
Average weighted maturity of investements, excluding investment pools Average weighted maturity of investements, including investment pools Average weighted yield of investements, excluding investment pools Average weighted yield of investements, including investment pools 2 NOTE: Market value disclosure is for informational purposes only. City policy is to hold all investments until maturity; therefore, any unrealized gain or loss reflected between the cost and market value of an investment will not be realized. * Market Value of City investments provided by Time Value Investments (see attached statement). 3 June 3.167
May 2.993
April 2.870
March 2.831
February 2.624
January 2.425
LAIF Apportionment Rate(2): TBD
LAIF Earnings Ratio(2): TBD
LAIF Administrative Cost(1)*: TBD
PMIA Average Life(1): 260
LAIF Fair Value Factor(1): 0.984828499
PMIA Daily(1): 3.26
PMIA Quarter to Date(1): 3.01
Treasuries
63.08%
Agencies
21.77%
Certificates of
Deposit/Bank Notes
7.51%
Time
Deposits
2.85%
Commercial
Paper
4.33%
Corporate
Bonds
0.26%
Loans
0.20%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 07/17/23
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/23
Chart does not include $2,861,000.00 in mortgages, which equates to 0.002%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
06/30/23
$178.4 billion
4 Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:
Bills 26,007,755,477.17 $ $ 26,399,578,085.33 $ 26,373,531,500.00 NA Notes $ 86,519,529,543.76 $ 86,509,828,710.82 $ 84,164,502,000.00 $ 284,909,808.50 Federal Agency:
SBA $ 304,224,258.70 $ 304,224,258.70 $ 303,681,095.57 $ 1,346,489.58 MBS-REMICs $ 2,861,107.99 $ 2,861,107.99 $ 2,796,239.71 $ 12,733.34 Debentures $ 8,945,771,764.62 $ 8,944,151,139.64 $ 8,759,821,400.00 $ 55,422,809.00 Debentures FR $ - $ - $ - $ -
Debentures CL $ 1,700,000,000.00 $ 1,700,000,000.00 $ 1,647,748,000.00 $ 10,856,492.50 Discount Notes $ 24,944,635,104.19 $ 25,263,483,034.62 $ 25,266,731,500.00 NA Supranational Debentures $ 2,922,770,687.63 $ 2,922,770,687.63 $ 2,850,780,700.00 $ 18,059,340.40 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ 200,000,000.00 $ 200,000,000.00 $ 199,864,525.38 $ 4,632,083.33 CDs and YCDs $ 13,200,000,000.00 $ 13,200,000,000.00 $ 13,189,091,719.79 $ 224,912,305.57 Commercial Paper $ 7,730,447,541.69 $ 7,808,541,430.55 $ 7,803,585,652.74 NA Corporate:
Bonds FR $ - $ - $ - $ -
Bonds $ 463,858,804.42 $ 463,789,526.64 $ 438,964,830.00 $ 3,327,576.53 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,082,000,000.00 $ 5,082,000,000.00 $ 5,082,000,000.00 NA PMIA & GF Loans $ 358,954,000.00 $ 358,954,000.00 $ 358,954,000.00 NA TOTAL $ 178,382,808,290.17 $ 179,160,181,981.92 $ 176,442,053,163.19 $ 603,479,638.75 Fair Value Including Accrued Interest $ 177,045,532,801.94 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (0.984828499).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,696,569.99 or $20,000,000.00 x 0.984828499.
State of California
Pooled Money Investment Account
Market Valuation
6/30/2023
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18 CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 27, 2023 Agenda Item No. 05
Subject: Second Reading and Consideration of Ordinance
2023-06: An Ordinance of the City Council of the City of Nevada City Adding Chapter 17.118 (“Public Art
Requirements”) to Title 17 (“Zoning”) Relating to Public Art Requirements.
From: Sean Grayson, City Manager
Date: July 20, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold second reading and adopt the ordinance.
ISSUE STATEMENT AND DISCUSSION:
At the July 13, 2023, regular City Council meeting, the City Council introduced Ordinance 2023-06 to add a section to the municipal code relating to pubic art requirements.
Nevada City has a long history of artistic expression and influence but has never had an art ordinance to establish parameters for the implementation of public art. Through the City’s Strategic Planning process there was a wide range of input indicating the desire to have a public art process. One of the strategic initiatives within the City’s 2022-2027 Strategic Plan is Vibrancy: Arts, Culture, & Distinction. Goal #2 of that strategic initiative is, “Develop a public art process including an enabling ordinance”. The Vibrancy Strategic Initiative Committee conducted public meetings on February 2, 2023; March 30, 2023; and April 25, 2023 to draft and review a public art ordinance and policy. The committee recommended the draft ordinance for adoption at their April 25, 2023 meeting. The Planning Commission conducted a public hearing on the draft ordinance on June 15, 2023. There were several comments from the public and the commission on the ordinance. The submitted written public comment is included at the end of this item.
The comments can be generally categorized as one or more of the following:
• supportive of the ordinance;
• recommending that the ordinance not include murals in the historical district; • recommending that the art ordinance not apply in the historical district; • recommending that the ordinance return to the City Council in a year to review the process and consider inclusion of the historical district in the ordinance after that review; • recommending a greater emphasis on temporary public art.
The public art ordinance adds Chapter 17.118 to the City’s Zoning Ordinance (Title 17) and regulates public art on private property in the same fashion as other architectural regulations are established in the City> The ordinance requires that certain non-residential future developments provide public art as part of their development. The ordinance establishes the process for application, review and approval of public art. The process includes review by and Art Review Authority and then by a Design Review Authority. The Design Review Authority will be the Planning Commission and they will review the project for consistency with zoning regulations including surrounding architectural standards. The ordinance establishes a process for the approval of temporary art installations for under 90 days. The ordinance establishes a public art fund in which fees generated from the ordinance are deposited. The public art fund may be used by the City Council to support future public art projects.
The draft ordinance presented to the City Council is materially the same as the draft ordinance recommended by the Vibrancy Committee. In the event the City Council desires to prohibit murals in the historic district this could be accomplished by adding a second paragraph to 17.118.080.B, to read, “Notwithstanding any other provision of this Code, murals shall not be allowed in the Historical District.
A mural is defined as a painting or other work of art executed directly on a wall.” In the event the City Council desires to prohibit public art in the historical district this could be accomplished by adding
17.118.050.G. to read, “Projects located in the Historical District,” and revising 17.118.080.B to read, “B.
No public art shall be located in the Historical District.” At the July 13, 2023 meeting the City Council adopted the draft Public Art Policy enabling the City Council to implement public art on City owned or controlled properties. The policy is a broad document that covers the various options that the City Council could take but does not require any specific action. Upon the adoption of the policy staff would return to the Vibrancy Committee to develop recommendations for public art activities and funding for the City Council to consider in fiscal year 2023/2024.
At the July 13, 2023 meeting the City Council adopted resolution 2023-40 which established the following fees in relation to the ordinance:
1. The public art in-lieu fee shall be 1% of the development project cost payable to the public art fund
2. The public art application fee shall be $750
3. The temporary public art application fee shall be $225
4. The temporary public art application fee when submitted in conjunction with a City Special Event application shall be $100
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Vibrancy: Arts, Culture, and Distinction. The action specifically addresses goal #2, “Develop a public art process including an enabling ordinance”.
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 2023-06
1 ORDINANCE NO. 2023-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, ADDING CHAPTER 17.118 OF THE CITY OF NEVADA
CITY MUNICIPAL CODE, RELATING TO PUBLIC ART REQUIREMENTS WHEREAS, the City Council has determined that:
• Public art is a critical element in providing for a diverse and culturally rich environment for Nevada City residents and visitors; and
• Public art fosters economic development and activity and promotes cultural tourism by enlivening the public areas of buildings and expressing the vitality and heritage of the community; and
• The adoption of an ordinance for public art reflects the State of California’s own recognition of the Grass Valley-Nevada City Cultural District as one of only fourteen inaugural cultural districts under state designation, through which public art serves to cultivate our cultural identity, express our values, and create an elevated sense of awareness for community members and visitors; and
• A well-conceived work of art can increase the value of a development project; and • Public art may enhance the revitalization efforts within the 7-Hills District and other portions of the City as the overall image, beauty, and livability of the community are enhanced; and
• The type, condition, and use of public art within the City’s Historical District should be aligned with the existing requirements of construction unique to the Historical District within the Municipal Code; and
• Public art should be required to be integrated into specified new commercial development projects; and
WHEREAS, the City Council desires to establish and maintain public art in the City of Nevada City as outlined in an ordinance adopted for that purpose; and WHEREAS, the City of Nevada City, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and incorporated into this ordinance.
SECTION 2. Chapter 17- is hereby added to the Nevada City Municipal Code, to read as follows:
Chapter 17- 118. PUBLIC ART REQUIREMENTS
2 17.118.010 - Purpose.
The purpose of this ordinance is to establish clear guidelines, design standards, and procedures for requiring the integration of public art into specified new commercial development projects or onto approved alternative locations on public property, and for allowing the integration of public art into existing projects within the city.
17.118.020 - Definitions.
As used in this chapter:
ART REVIEW AUTHORITY means the City’s Vibrancy Committee, or such other reviewing body as may be established by resolution of the City Council.
ARTIST means a person who has a reputation among his or her peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment, as judged by the design review authority for the project. In determining whether an artist is qualified for a particular project, the design review authority shall consider the following criteria:
A. The artist has demonstrated successful, creative, innovative, and effective approach in comparable projects as that proposed;
B. The artist has proven mastery or skill in at least one artistic medium; C. The artist’s ability to complete the project within a reasonable timeframe as judged by the Design Review Authority for the project; and
D. The artist’s prior experience in producing public art. If an artist does not have prior experience in producing public art, the artist shall be considered qualified if he or she has significant experience working as a professional artist as evidenced by the artist’s exhibit record, critical review, honors, and awards.
CONSTRUCTION COST means the total cost of any development project subject to this section. Calculations shall be based on all aspects of construction and improvement costs, not to include system and operational equipment costs, grading, or sidewalks as declared on all building permit applications. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.
DESIGN REVIEW AUTHORITY means the Planning Commission, unless and until the City Council designates or appoints a different body or subcommittee to serve as the design review authority for public art.
DEVELOPER means the person or entity that is financially and legally responsible for the planning, development, and construction of any development project covered by this section, who may, or may not, be the owner of the subject property. 3 PLANNER means the City’s Planner, or designee.
PUBLIC ART means an original work of a permanent nature in any variety of media produced by an artist that may include sculpture, murals, photography, original works of graphic art, water features, neon, glass, mosaics, or any combination of forms of media, furnishing, or fixtures permanently affixed to the building or its grounds, or a combination thereof, and may include architectural features of the building such as decorative handrails, stained glass, and other functional features that have been enhanced to be visually appealing. Public art does not include the following:
A. Art objects that are mass produced of standard design such as playground equipment, benches, statuary objects, or fountains;
B. Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect (this shall not preclude the architect from being the artist if such individual meets the definition of “artist” as provided above);
C. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist; D. Directional elements such as super graphics, signage as defined in the Nevada City Code of Ordinances, or color-coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; E. Interpretive programs;
F. Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, print making, or other media arts, specifically commissioned by the City;
G. Existing works of art offered for sale or donation to the City, which do not have an established and recognized significance as public art among arts professionals and art appraisers as determined by the design review authority.
TEMPORARY PUBLIC ART means an original work that meets the criteria of PUBLIC ART, but is designed and intended for installation of 90 days or less.
17. 118.030 – Public Art Fund.
A public art fund is hereby created within the City’s General fund. Public art in-lieu contributions shall be placed into the public art fund and maintained, managed, and reviewed by the Planner. The public art fund shall be used solely to acquire, commission, design, install, place, improve, and maintain public art throughout the City, consistent with the purpose and objectives of this section. A reasonable percentage of the public art fund may be allocated for 4 project administration, management and curatorial services as well as the preservation, maintenance, deaccession, moving, replacement and removal of artworks in the City art collection.
17. 118.040 – Public Art Obligation; Alternatives; Compliance.
A. Public Art Obligation. Developers of nonresidential construction projects for which site plan or design review is required under this Code shall devote an amount of not less than one percent of the construction cost for an approved public art installation. Construction costs, as defined in this section, shall not include any portion of the project that includes system and operational equipment costs, grading, sidewalk repair or reconstruction, landscape installation, or utility facilities. Any developer may submit a request to the design review authority for a less expensive public art contribution provided that developer also submits documentation showing that such a contribution would be prohibitively expensive for project delivery.
B. Alternatives. A developer may choose one of the following options to satisfy his or her public art obligation:
1. Install public art on the project site in a public place as approved by the design review authority. The creator of the public art shall be an artist as defined in this section.
2. Pay an in-lieu fee in an amount equal to one percent of the development project construction cost to the public art fund for the creation, acquisition, and placement of public art in the City. Payment of an in-lieu fee shall be made to the Planner and shall not be subject to further design review authority approval; or
3. Place the required public art on public property in a location approved by the City Council. The public art will be considered a donation to the City.
C. Compliance and Maintenance. Prior to obtaining a certificate of occupancy, the developer shall demonstrate compliance with this chapter by:
1. Completing installation of the required public art that satisfies the provisions of this section and any other conditions specified by the final approving body; or
2. Submitting written proof to the Planner of a contract to commission or purchase and install the required public art that was approved by the design review authority for the development project. A performance security, in an amount and form determined by the Planner, shall accompany such contract to adequately secure performance of the required public art; or
3. Paying the applicable in-lieu fee as outlined in subsection B.(2). 5 4. If public art is placed on private property, the applicant must also execute and record with the county recorder appropriate legal document(s) that require the property owner, successor in interest, and assigns to:
i. Maintain the public art in good condition as required by the City’s public art guidelines; and
ii. Indemnify, defend, and hold the city and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the city attorney; and
iii. Maintain liability insurance, including coverage and limits as may be specified by the city’s risk manager; and
iv. Allow the City access to the public art to perform maintenance or removal at the property owner’s expense in the event the public art is not maintained in good condition.
17. 118.050 -Exemptions.
The following development projects are not subject to the requirements of this chapter:
A. Repair or reconstruction of structures that have been damaged by fire, flood, wind, earthquake, or other calamity;
B. Historic rehabilitation and/or preservation projects; C. Seismic retrofits or flood protection work performed on existing buildings and structures that do not otherwise qualify as new construction projects; D. Fire sprinkler installation work items as defined in Chapter 8.30 of the Nevada City Municipal Code as part of an existing project;
E. Solar or other renewable energy installation and energy efficiency upgrades as part of an existing project;
F. Tenant improvements that do not add additional usable space within a building and that do not exceed $300,000 in construction cost.
G. Projects other than temporary art located in the Historical District.
17. 118.060 – Public Art for Developed Sites.
The property owner of a developed site may install public art on that site, subject to successfully completing the public art review and approval process in this chapter. Processing fees collected for review of such proposed public art shall be deposited into the public art fund.
17. 118.070 – Public Art Locations.
6 Public art shall be located outside on an area of private property approved by the design review authority. In its discretion, the design review authority may approve a location that is more or less visible to the public, or multiple locations on a site to allow public art to be moved from time to time.
17. 118.080 – Public Art Standards.
A. Public art shall comply with the standards set out in the Municipal Code for architectural review and design review. In particular, mounting; fencing; framing; and any related support materials shall be consistent with adjacent buildings.
B. No public art shall be located in the Historical District, other than temporary public art identified in 17.118.095.
C. No public art installation shall interfere with the use of buildings, facilities, pedestrian access, or public safety.
17. 118.090 – Public Art Review and Approval Process.
The process for review and approval of public art is as follows:
A. Pre-application Proposal. The developer informally submits the proposed public art, project site plan, and draft visual impact drawings to the Planner.
B. Meeting With Staff. The developer meets with staff to review the proposal, development requirements, and design and location standards for the type of public art proposed.
C. Completed Application. The developer files a complete application with the Planner. A complete application contains:
1. A vicinity map or site plan depicting the proposed public art installation location and dimensions.
2. Photographs and/or elevations of the buildings located on site or those approved for development on-site.
3. Material samples, color boards, photo simulations, or other graphic illustrations necessary for the design review authority to determine potential visual impact of the proposed project, and the public art’s style, scale, and design as compared to the project and surrounding buildings. The visual representation shall show the proposed public art as it would be seen from surrounding properties from various perspectives.
4. The proposed artist’s qualifications.
5. A written agreement executed by or on behalf of the artist who created the public art which expressly waives the artist’s rights under the Federal Visual Artists Rights Act, 7 California Art Preservation Act, and any other applicable law or right protecting the integrity of works of art.
6. An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation costs.
7. Written permission from the property owner for location of the public art.
8. A maintenance plan for the public art together with the property owner’s agreement to be responsible for maintenance as provided in this Chapter.
9. Such processing fees as may be set and amended from time to time by resolution of the City Council.
10. A proposed lighting plan for the public art.
11. Such other information as the Planner may reasonably require to review the application.
D. Staff Review of Completed Application. Staff will review a completed application for public art to verify compliance with public art standards as set out in this chapter, and then schedule the application for review by the Art Review Authority and Design Review Authority or City Council, as applicable. Staff will coordinate reviews with review of the developer’s overall project, where applicable.
If public art not otherwise meeting this chapter’s criteria for permanent installation is proposed for installation of 90 days or less, staff will schedule the application for review and approval by the City Council. The decision of the Council shall be final.
E. Review and Recommendation of Art Review Authority. The Art Review Authority shall review works proposed for installation for compliance with the definition of public art in this chapter, and shall make its recommendation to the Design Review Authority.
F. Review and Approval by Design Review Authority; Appeals. The Design Review Authority shall review and approve with conditions, or deny, public art installations proposed on private property; specifically:
1. The Art Review Authority’s recommendation;
2. Proposed location, dimensions and materials of a proposed public art installation;
3. Staff’s recommendation as to compliance with public art standards of this chapter;
4. The application submitted by the developer;
8 5. Other evidence submitted for consideration.
The decision of the Design Review Authority shall be final unless appealed to the City Council in accordance with Section 17.88.050.
G. Review and Approval by City Council. The City Council shall review and approve with conditions, or deny, public art installations proposed on public property; specifically:
1. The Art Review Authority’s recommendation;
2. Proposed location, dimensions and materials of a proposed public art installation;
3. Staff’s recommendation as to compliance with public art standards of this chapter;
4. The application submitted by the developer;
5. Other evidence submitted for consideration.
The decision of the City Council shall be final.
H. Required Findings: In rendering its decision, the Design Review Authority or City Council shall make the following findings, or state that the findings cannot be made:
1. The proposal meets or exceeds the criteria of the ordinance and is consistent with the General Plan and applicable land use designations.
2. The public art is consistent and compatible in its size, design, and appearance with the development and design of the proposed project and surrounding structures and neighborhood.
3. The maintenance plan is sufficient to provide that the public art will be adequately maintained so as to ensure and preserve its purpose as a permanent piece of public art in the City.
17.118.095 – Temporary Public Art Review and Approval Process.
The process for review and approval of temporary public art is the same as that for public art on public property under 17.118.090(G), with the following exceptions:
A. The requirement of 17.118.090.C.8 to submit a maintenance plan and property owner agreement to be responsible for maintenance does not apply.
B. The decision of the City Council shall be final.
C. The required finding of 17.118.090.H.3 does not apply.
17. 118.100 – Ownership of Public Art.
9 A. All public art placed on the site of an applicant’s project shall remain the property of the property owner; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site.
B. Maintenance of public art, as used in this section, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City; protection of the public art against physical defacement, mutilation, or alteration; and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City’s risk manager. Prior to placement of approved public art, the applicant and owner of the site shall execute and record a covenant, in a form approved by the city, requiring maintenance of the public art. Failure to maintain the public art as provided in this section is declared to be a public nuisance.
C. In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, upon reasonable notice, the city may perform all necessary repairs and maintenance or secure insurance, and the costs shall become a lien against the real property.
D. All public art donated to the City shall become the property and responsibility of the city upon installation and acceptance by the City Council.
17. 118.110 – Removal or Alteration of Public Art.
A. Public art installed on or integrated into a construction project in compliance with the provisions of this section shall not be removed or altered without the approval of the Planner.
B. If any public art provided on a development project in compliance with the provisions of this section is knowingly removed by the property owner without prior approval, the property owner shall contribute funds equal to the development project’s original public art requirement to the city’s public art in-lieu account or replace the removed artwork with one that is of comparable value and approved by the Planner. If this requirement is not met, the occupancy permit for the project may be revoked by the Planner upon due notice and an opportunity to be heard. The city may, in addition, pursue any other available civil or criminal remedies or penalties.
SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.
SECTION 4. INCONSISTENCIES. Any provision of the Nevada City Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
10 SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Union, a newspaper of general circulation printed and published in the County of Nevada and circulated in the City of Nevada City and hereby designated for that purpose by the City Council.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Union, a newspaper of general circulation printed and published in the City of Nevada City, State of California, which said newspaper is hereby designated for that purpose.
Introduced at a regular meeting of the City Council on the 13th day of July, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
Passed and approved at the regular meeting of the City Council on the 27th day of July, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
11 __________________________
Daniela Fernández, Mayor
ATTEST:
_____________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: July 27, 2023 Agenda Item No. 06
Subject: Conduct a Public Hearing in Consideration of
Ordinance 2023-07: An Ordinance of the City Council of the City of Nevada City, State of California Amending Sections
18.01.060, 17.30.080, 16.04.054, 17.30.020,17.32.020,
17.36.020, 17.40.020, 17.52.020, 17.12.125, 17.80.030,
17.12.090, 17.12.130, and Repealing Section 17.68.025 in Order to Update the City of Nevada City Municipal Code to be Consistent With Goals, Objectives, Polices, and Programs Adopted as Part of the 2019-2027 Housing Element
From: Lisa McCandless, Interim City Planner
Sean Grayson, City Manager
Date: July 18, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption for August 9, 2023.
ISSUE STATEMENT AND DISCUSSION:
In March 2022 and 2023 staff presented the Annual Progress Report (APR) to the planning commission and to City Council. The APR is a tool that helps facilitate the implementation of the Housing Element in tracking and monitoring the City's progress. As reported in March, among the Housing Element tasks is a requirement for the city “to update the Municipal Code pursuant to program goals outlined in the Housing Element.” At that time, staff had outlined several “low-hanging-fruit” items to attempt to complete in 2022.
At their December 15, 2022, meeting, the planning commission reviewed ordinance texts amendments as recommended by staff in order to comply with adopted Housing Element tasks. The commission made recommended changes which incorporated in the draft ordinance. At their May 18, 2023, meeting the planning commission conducted a public hearing on the ordinance and voted to recommend that City Council adopt the Ordinance as drafted and attached to this staff report.
PROPOSED MUNICIPAL CODE TEXT AMENDMENTS:
Below is a summary of amendments proposed with the attached draft Ordinance, pursuant to program goals outlined in the Housing Element.
• Omit discretionary review of a tree removal permit in the R3 Zone when a development meets the 16 units per acre density standards.
• Modify Section 16.04.054 of the municipal code to avoid the production of moderate-and above moderate-income housing on R3 Zoned properties.
• Amend applicable chapters to allow transitional and supportive housing to be allowed in all zones that allow residential uses, subject to the same processes and standards applicable to the same type of housing in the same zone, pursuant to SB 2.
• Amend residential district standards (including the Historic District) to allow manufactured homes in all zones allowing single family residences.
• Amend to address employee and farmworker housing provisions of California Health and Safety Code Sections 17021.5 and 17021.6.
FINANCIAL AND/OR POLICY IMPLICATIONS:
There are no financial implications with the adoption of the ordinance. The ordinance changes are consistent with established policy and the adopted Housing Element.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the strategic initiative of Housing: Workforce and affordable housing, supportive of leasing local, and maintenance of homeowner value.
ENVIRONMENTAL CONSIDERATIONS:
Recommend that the City Council find the project statutorily exempt pursuant to Sections 15274 and 15282(h), and categorically exempt pursuant to Section 15061(b)(3) the California Environmental Quality Act (CEQA) Guidelines.
An Ordinance to make implementing changes as required by the adopted Housing Element is not considered a project under the California Environmental Quality Act (CEQA) per State law.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Ordinance 2023-07
ORDINANCE NO. 2023-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA, AMENDING SECTIONS 18.01.060, 17.30.080, 16.04.054, 17.30.020,17.32.020,
17.36.020, 17.40.020, 17.52.020, 17.12.125, 17.80.030, 17.12.090, 17.12.130, AND REPEALING SECTION 17.68.025 IN ORDER TO UPDATE THE CITY OF NEVADA CITY MUNICIPAL
CODE TO BE CONISISTENT WITH GOALS, OBJECTIVES, POLICIES, AND PROGRAMS ADOPTED AS PART OF THE 2019-2027 HOUSING ELEMENT
WHEREAS, the City of Nevada City, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council of the City of Nevada City adopted the 2019-2027 Housing Element at their special meeting held November 6, 2019; and
WHEREAS, the California Department of Housing and Community Development (HCD) issued a letter to the City dated December 5, 2019, certifying that the 2019-2027 Housing Element update is in full compliance with State Law (Article 10.6 of the Government Code); and WHEREAS, the proposed ordinance text amendments make changes to the City Municipal Code in a manner that is consistent with adopted goals, objectives, policies, and programs of the 2019-2027 Housing Element update, necessary to remain in conformance with state law; and WHEREAS, the recommended actions do not constitute a “project” under CEQA, because implementation of State-mandated zoning changes are not discretionary acts; and WHEREAS, a duly noticed Public Hearing was held by the City of Nevada City Planning Commission on December 15, 2022 and May 18, 2023 to hear the proposed ordinance and all interested persons were given an opportunity to be heard at both meetings after which the Planning Commission recommend adoption of the ordinance by the City Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES ORDAIN AS FOLLOWS (modified text is underlined):
SECTION 1. Section 18.01.060 is hereby amended to read as follows:
18.01.060 Permit application process.
C. Tree Removal Associated Site Plans.
2. Approval of Request.
a. The removal of a tree(s) associated with a construction project is permitted only after obtaining a building permit and paying all applicable fees associated with development and must be approved by the planning commission as a part of the site plan approval.
b. Applicable mitigation measures may be included with the approval as provided for in Section 18.01.070.
c. The city planner's signature plus that of one (1) additional authorized staff member is required on all approval forms.
d. No discretionary review shall be required for tree removal associated with a multi-family development project located within an R3 zoning designation when the proposed project is consistent with the 16 units per acre density standard.
Whenever tree removal is proposed, the applicant shall provide a landscaping plan that includes a tree replacement plan at a 1:1 ratio. Tree replacement shall be in addition to landscaping standards that may be required by Section
17.80.050 of the City Municipal Code
SECTION 2. Section 17.30.080 is hereby amended to read as follows:
17.30.80 Permit requirements.
A. Ministerial site plan review. A permitted high density multiple family residential development project meeting the density standards contained in Section 17.30.070 and one that contains a mixture of dwelling unit sizes as provided in Section 17.30.090 A. shall be subject to:
5. When a proposed development meets the 16 units per acre density standardof the R3 zoning designation, tree removal shall be reviewed by the CityPlanner.
SECTION 3. Section 16.040.054 is hereby amended to read as follows:
16.04.054 Limitation on the size of residential units.
Thirty (30) percent of all new lots, including condominium units created as part of approving a parcel map, vesting tentative map or final subdivision map, shall be designated on a map as requiring the construction of a home less than or equal to one thousand five hundred (1,500) square feet in size and a garage not to exceed five hundred (500) square feet in size. If the subdivision map creates two (2) or fewer new lots, none of the new lots shall be limited as set forth above. For maps creating three (3) or more new lots, the number of lots to be limited as set forth above shall be determined by multiplying 0.3 times the number of new lots created and then rounded up or down based on the common mathematical convention. For example, a map creating nine (9) new lots would be required to designate three (3) lots to be limited as set forth above since the number reached per the above formula would be 2.7 which would be rounded up to 3. Inaddition to designating such lots on the map, the subdivider shall record a deed restriction on each lot informing any potential owner of the lot of the size limitations of the home that can be constructed.
Thirty (30) percent of all homes located in new subdivisions shall be one thousand five hundred (1,500) square feet or smaller. These homes shall be affordable to below moderate-income households. This shall be accomplished through deed restrictions or through an affordable housing plan that includes below moderate-income housing opportunities accomplished through a variety of mechanisms including, but not limited to, size restrictions, rental units, second units, etc. The plan shall be approved by the planning commission and/or city council.
SECTION 4. Section 17.30.020 is hereby amended to read as follows:
In the R3 zone, the following uses are permitted:
A. Multiple-family dwellings in one detached building or groups of attached dwellings meeting the density standards in Section 17.30.070.
B. Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone
SECTION 5. Section 17.32.020 is hereby amended to read as follows:
In the OP zone, the following uses are permitted:
D. Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone
SECTION 6. Section 17.36.020 is hereby amended to read as follows:
In the LB zone, the following uses are permitted:
J. Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone
SECTION 7. Section 17.40.020 is hereby amended to read as follows:
In the GB zone, the following uses are permitted:
I. Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone
SECTION 8. Section 17.52.020 is hereby amended to read as follows: In the SL zone, the following uses are permitted:
1. Hotels and motels;
2. Bed and breakfast inns;
3. All permitted uses of the R1 and R2 zoning districts.
4. Transitional and Supportive housing subject only to those restrictions that apply to other types of residential development in the same zone
SECTION 9. Section 17.12.125 is hereby amended to read as follows:
"Employee Housing" means any portion of any housing accommodation, which may consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of- way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, and for which the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved, and as further defined in the California Safety Code Division 13 – Housing Part 1 - Employee Housing Act, Chapter 1 - General Provisions and Definitions, Section 17008, and as follows:
A. "Large Employee Housing," means housing for employees consisting of nomore than thirty-six (36) beds in a group quarter or twelve (12) units or spaces designed for use by a single family or household, in accordance with Sections 17000 et seq. of the California Health and Safety Code;
B. "Small Employee Housing," means housing for employees consisting of six or fewer persons in a single-family home, in accordance with Sections 17000 et seq. of the California Health and Safety Code.
C. “Employer,” means one that hires others to perform a service or engage in an activity in exchange for compensation
SECTION 10. Section 17.80.030 is hereby amended to read as follows:
G. Amounts of Parking Required. The amount of off-street parking required for the various uses shall be as follows:
10. Employee Housing: Two spaces for Small Employee Housing unit; One space for every three authorized beds for Large Employee Housing Units
11. Other Uses. For any use not listed herein, the number of parking spaces shall be determined by the planning commission or city council upon the basis of comparable use for which parking requirements are specified herein, or information presented by the applicant.
12. Nothing in this section shall prohibit the planning commission or city council from requiring more parking than is otherwise required for uses listed above, when a finding is made that such additional parking is likely to be needed.
13. Any change in use of an existing building may require reevaluation of the parking requirements.
SECTION 11. Section 17.16.020 is hereby amended to read as follows:
In the AF zone, the following uses are permitted:
A. Single-family dwellings, agriculture and any customary agricultural building and structure, such uses as, but not limited to, livestock ranges, animal husbandry, field crops, tree crops, nurseries and greenhouses and other agricultural occupations; B. Ranch and farm dwellings appurtenant to a principal agricultural use; C. Public parks and recreation areas.
D. Large Employee Housing
SECTION 12. Section 17.12.090 is hereby amended to read as follows:
“Dwelling” means any building that contains one or two dwelling units, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
SECTION 13. Section 17.12.130 is hereby amended to read as follows:
“Family” means an individual or two or more persons who are related by blood or marriage, or otherwise live together in a dwelling unit.
SECTION 14. Section 17.68.025 is hereby repealed:
17.68.025 Prohibited uses.
Manufactured homes.
SECTION 15. Effective Date. This ordinance shall become effective on the 31st day after adoption.
SECTION 16. Severability. If any portion of this ordinance is found to be unenforceable, each such provision shall be severed, and all remaining portions of this ordinance shall be enforced to the maximum extent legally permissible.
SECTION 17. Certification. The City Clerk shall certify to the passage and adoption of this ordinance as required by law.
Introduced at a regular meeting of the City Council on the 27th day of July, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
Passed and approved at the regular meeting of the City Council on the 9th day of August, 2023, by the following roll call vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
Daniela Fernández, Mayor
ATTEST:
_____________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney