Cities Index.
Agenda packet, regular meeting, first session

Nevada City City Council
November 8, 2023

Document
Agenda packet, regular meeting, first session
Meeting
November 8, 2023
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Nevada City City Council
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1
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Text extracted from the city's file for reading and search. Open the original on www.nevadacityca.gov. That file is the official record.

Financial barriers are likely a prominent hindrance for Nevada City’s racial minority populations.

Figure 4.2 below shows the net worth and bank assets of U.S. residents disaggregated by race.

Hispanic and Black households typically have significantly lower net worth and liquid net worth than Asian and white non-Hispanic households. Low income, high poverty, and low wages in Nevada City indicate financial barriers are of particular concern, especially for racial minority populations. This is an important consideration for determining eligibility criteria as well as the provided benefits of Nevada City’s cannabis equity plan.

Figure 4.2
Median Household Net Worth and Assets, United States
Note. Data sourced from Census Bureau: Wealth, Asset Ownership, & Debt of Households Detailed Tables

4.3.b Access to Personal and Business Banking Services
While about 2.5% of white households are unbanked, over 12% of Hispanic households are unbanked, meaning that no one in the household has access to banking services (Boel and Zimmerman, 2022). Attaining access to personal banking services adds an additional layer of difficulty in gaining access to the legal cannabis industry, one that disproportionately impacts Black and Hispanic populations.

The most prevalent reasons for being unbanked are the inability to meet minimum balance requirements and lack of consumer trust in banks. These proximate causes suggest that lack of banking services is fundamentally interacting with other barriers: income, wealth, and financial literacy. These factors are likely to translate into, among other challenges, difficulty attaining business banking services.
33 Compounding these barriers is the legal ambiguity that banks face in providing services to firms related to the cannabis industry. According to the American Bar Association, no major bank and only a small minority of smaller banks and credit unions provide services to cannabis firms out of fear of violating federal law (Black & Galeazzi, 2020).

Lack of business banking further complicates the process of obtaining access to the legal cannabis industry and creates unnecessary risks. The American Bar Association adds:

This state of legal limbo greatly increases the risks to which these businesses are exposed in that they must deal with large amounts of cash, thereby increasing the risk of robbery and making it difficult to render payment to others (Black & Galeazzi, 2020).

4.3.c Administrative
Applications require an understanding of and compliance with complex requirements from multiple local and state agencies. In regards to cannabis permits, there are considerable administrative/technical barriers to entry. These processes are time-consuming, resource-intensive, and can require significant technical knowledge and/or skill. Accessing traditional sources of technical assistance, such as small business development centers, is not a viable option for those looking to enter the legal cannabis industry, as these programs are typically federally funded and risk losing funding for assisting firms conducting activity deemed illegal by the federal government.

The 2020 Nevada County CEA highlighted the substantial knowledge and expertise among local residents in the fields of cannabis cultivation, breeding, and the formulation of medical products.

However, these skilled cultivators may not necessarily have experience and knowledge needed for navigating the complexities of state, county, and city compliance requirements for legal cannabis operations (The California Center for Rural Policy, 2020). Moreover, a 2021 survey found ‘regulatory burden’ was the number one factor keeping Nevada County illicit cannabis cultivators from transitioning into the legal sector (South Yuba River Citizens League).

This is supported by insights from our Cannabis Alliance representative interview. While Nevada City has a strong cannabis ordinance, our Cannabis Alliance representative noted, achieving compliance remains cumbersome. Aside from high startup costs, regulatory complexities are the most common barrier to entering the legal market for many local cannabis cultivators. The legal cannabis industry may not appear accessible to illicit cultivators in its current state. There seems to be little incentive for them to transition into a highly regulated and financially unpredictable industry, particularly in light of declining wholesale prices (O’Neil, 2021).

4.3.d Education and Business Acumen
The skills needed for participation in a highly regulated marketplace, including business planning, management, accounting, and inventory controls can be significant barriers to entering the industry. Well-resourced and business-savvy applicants have a significant advantage in the 34 emerging legal industry. A level playing field is necessary to ensure those impacted by criminalization and poverty have both the resources and expertise to compete with more resourced and business-savvy applicants.

As noted earlier, educational attainment in Nevada City is consistent with the state average.

About 36% of Nevada City residents have a bachelor’s degree or higher, while surrounding Census tracts report rates approaching 50%. However, these data reflect the general population and may not accurately represent the experiences of the legacy cultivation community in Nevada County. In particular, survey evidence indicates cannabis cultivators’ struggles navigating the complexity of the permitting process (South Yuba River Citizens League, 2023; Biber et al., 2021).

4.4 Findings

1. High compliance and overhead costs are the leading barriers for small-scale legacy cultivators to enter the legal cannabis industry; these financial barriers are likely especially difficult for racial minority populations.

2. The lack of access to business and personal banking services make it difficult for individuals to enter the legal cannabis industry.

3. Limited knowledge and experience regarding administrative business operations and business acumen are the second biggest barriers for individuals to enter the legal cannabis industry.

4. There is likely still a large illicit cannabis industry in Nevada City and the surrounding areas, likely due to the barriers noted in this section, especially financial burden and the complicated permitting process.
35 Appendix A: Detailed Arrest Data Sources and Limitations To assess the impact of cannabis and other drug criminalization in Nevada City, we utilize the arrest data sources in Figure 3.2 below. No single data source, to the knowledge of CCRP, provides a comprehensive overview of the effects of cannabis criminalization and the War on Drugs on the Nevada City community. Thus, to account for limitations in each data source, this report utilizes multiple complementary data sources.

FBI-sourced arrest data do not distinguish Hispanic as a separate ethnicity, so these data cannot be used to assess the impact on Nevada City’s Hispanic population. However, these data are useful for assessing cannabis and drug arrests in Nevada City and County and allow for an analysis of cannabis arrests by race.

Secondly, California Department of Justice Monthly Arrest and Citation Register (MACR) provides data on felony drug arrests for Nevada County from 1980 to 2020. While these data are at the county level and do not distinguish between cannabis and other felony drug offenses, they do distinguish Hispanic as a separate ethnicity, allowing CCRP to assess the impacts of the War on Drugs on the Hispanic population.

Description of Data Sources
Data Source Purpose Limitations
FBI Arrest Data:

FBI-sourced cannabis and other
drug possession and sales arrest
time-series data reported by local
law enforcement agencies.

Assess the level of
cannabis and other drug
arrests in Nevada City and
County.

Assess the impact of
cannabis and other drug
arrests by race.

Does not include Hispanic as
a separate Ethnicity.

MACR Arrest Data:

California Department of Justice
Monthly Arrest and Citation
Register (MACR) data. Felony
drug arrests and law enforcement
disposition for Sacramento
County from 1990 to 2020
Assess the impact of war
on drugs on Black and
Hispanic population.

Only county-level data
Do not distinguish between
felony cannabis arrests and
other drug arrests.
36 Appendix B: Ordinance History
Nevada County Cannabis Regulations - Related Ordinances and Measures The section below provides a high level summary of Nevada County’s cannabis-related measures and programs from 2011 to 2020.

Date: 7/12/2011
Title: Ordinance No. 2339
Summary: Amending the Nevada County land use and development code, zoning regulations to add a definition of “Medical cannabis Dispensary” and to amend tables to show medical cannabis dispensaries as a not permitted (NP) use in all zoning districts.

Date: 5/8/2012
Title: Ordinance No. 2349
Summary: An urgency ordinance adding Article 5 to Chapter IV of the Nevada County general code regarding medical cannabis cultivation. The purpose and intent of this Article is to implement State Law by regulating the cultivation of medical cannabis in a manner consistent with State Law. The purpose and intent of this Article also includes establishing reasonable regulations regarding the manner in which cannabis may be cultivated. Cannabis cultivation limits depended on gross land area. The limits for any area zoned primarily for rural uses are as follows: All gross land areas of any size are limited to 100 contiguous square feet of Indoor Cultivation (a) gross areas of less than two acres are limited 150 contiguous square feet of Outdoor Cultivation (b) gross areas between two and five acres are limited to 300 contiguous square feet of Outdoor Cultivation (c) gross areas between five and ten acres are limited to 400 contiguous square feet of Outdoor Cultivation (d) gross areas between ten and twenty acres are allowed 600 contiguous square feet of Outdoor Cultivation (e) gross areas of more than twenty acres are allowed 1000 contiguous square feet of Outdoor Cultivation.

Date: 1/12/2016
Title: Ordinance No. 2405
Summary: An urgency ordinance amending the title and sections G-IV 5.2 through G-IV 5.5 of Article 5 of Chapter IV of the Nevada County general code regarding restrictions on cannabis cultivation. The purpose of this amendment is to outline the newly enacted AB 266, SB 643, and AB 243 which respectively regulate commercial cannabis cultivation, establish standards for the issuance of medical cannabis prescriptions, and the regulation of medical cannabis cultivation.

Section G-IV 5.3 included corresponding updates to definitions. Section G-IV 5.4 included further clarification on cultivation restrictions as well as Section G-IV 5.5 amending land use guidelines. This ordinance included provisions which banned outdoor cultivation and set indoor cultivation limits for medical cannabis to a maximum of 12 plants regardless of plant maturity. 37 Date: 7/26/2016
Title: Ordinance No. 2416
Summary: An urgency ordinance adding and amending subsections to Article 5 of Chapter IV, of the Nevada County general code regarding cannabis cultivation regulations. Both indoor and outdoor cultivation on parcels less than or equal to two acres was prohibited. For parcels greater than two and less than five acres, cultivation could not exceed a maximum of 6 plants outdoors.

Between five (5) and ten (10) acres, a maximum of 12 plants could be cultivated both indoors and out. Between ten (10) and twenty (20) acres, the total cultivation count was 16 plants with a limitation of 12 plants for indoor cultivation. Lastly, for parcel sizes greater than twenty (20) acres, a total of 25 plants are permitted with a limitation of 12 plants for indoor cultivation.

Date: 3/13/2018
Title: Ordinance No. 2447
Summary: An ordinance amending Chapter II of the Nevada County land use and development code, tables L-II 2.2.1.B and 2.3.D of Article 2 and Section L-II 3.3 of Article 3 to establish a definition and permitting standards for agritourism (ORD17-2). The purpose and intent of this amendment is to encourage agriculture and to promote a strong and sustainable local agricultural economy through agritourism. Agritourism uses include, but are not limited to, marketing events, farm tours, educational classes and lectures, seasonal celebrations, and other gatherings.

Date: 5/22/2018
Title: Ordinance No. 2450
Summary: An urgency ordinance amending subsection G-IV 5.4.E.3 of, and adding subsection G-IV 5.4.O to Article 5 of Chapter IV of the Nevada County general code regarding temporary medical commercial cannabis permits. Subsection G-IV 5.4.E.3 was amended to prohibit any commercial cannabis activity in any amount or quantity on property located within unincorporated territory of Nevada County. Subsection G-IV 5.4.O was added to permit persons 21 years or older to temporarily cultivate/transport commercial cannabis for medical purposes in accordance with this subsection. Further clarification is included within the ordinance. No changes to cultivation limits were made.

Date: 12/11/2018
Title: Ordinance No. 2456
Summary: An ordinance adding Article 8 to Chapter 5 of the general code of the County of Nevada establishing a cannabis business tax. Every person who is engaged in commercial cannabis cultivation, excluding nurseries, in the unincorporated area of the County shall pay a cannabis business tax either: (a) at a rate of up to ten dollars per square foot of commercial cannabis cultivation area per growing cycle (b) At a rate of up to eight dollars per ounce of cannabis or cannabis product sold, bartered, exchanged or otherwise transferred between a 38 cultivator and other persons with State license and County permits, per fiscal year (c) at a rate of up to ten percent of the Gross Receipts per fiscal year.

Date: 4/9/2019
Title: Ordinance No. 2464
Summary: An urgency interim ordinance of the County of Nevada imposing a temporary moratorium on the cultivation of industrial hemp within the unincorporated areas of the County of Nevada. This interim ordinance was intended to provide Nevada County staff time to determine the impact of locally unregulated hemp cultivation as well as to determine whether mitigating such impacts is possible.

Date: 4/23/2019
Title: Ordinance No. 2465
Summary: An interim ordinance extending the temporary moratorium on the cultivation of industrial hemp within the unincorporated areas of the County of Nevada for an additional ten months and fifteen days period.

Date: 5/14/2019
Title: Ordinance No. 2467
Summary: An urgency ordinance adding section L-II 3.30 to Article 3 of Chapter II and amending tables L-II 2.2.1.B, L-II 2.2.2.B, L-II 2.3.D, L-II 2.4.D, L-II 2.5.D, and L-II 2.6.F of Article 2 of Chapter II of the Nevada County land use and development code regarding cannabis cultivation. No changes to cultivation limits were made.

Date: 9/24/2019
Title: Ordinance 2470
Summary: An urgency ordinance amending section L-II 3.30 cannabis cultivation by adding subsection L-II 3.30(C)(34.1) processing definition and subsection L-II 3.30(D)(12) Offsite processing to Chapter II zoning regulations, Article 3 specific land uses. No changes to cultivation limits were made.

Date: 2/25/2020
Title: Ordinance 2476
Summary: An interim urgency ordinance extending the temporary moratorium on the cultivation of industrial hemp within the unincorporated areas of the County of Nevada for an additional one year.
39 Nevada County Cannabis Related Measures
Measure G
The Nevada County Board of Supervisors unanimously placed Measure G on the November 6, 2018 ballot. Measure G imposes a tax on cannabis-related business activity, including but not limited to cultivating, transporting, distributing, manufacturing, processing, storing, packaging, delivering, testing, dispensing, and selling cannabis, cannabis products, or ancillary products.

Measure G was passed by voters and is categorized as a general tax.

Measure F
The Nevada County Board of Supervisors placed Measure F on the June 5, 2018 ballot. Measure F imposed a tax on cannabis businesses to fund general municipal expenses such as police, fire, streets and recreation at annual rates not to exceed $7.00 per canopy square foot for cultivation, 8% of gross receipts for retail cannabis businesses, and 6% for all other cannabis businesses.

Measure F generates approximately $120,000 to $135,000 annually.

Nevada City Cannabis Regulations - Related Ordinances

ORDINANCES
The below section provides a high level overview of the City of Nevada City’s cannabis-related measures and programs from 2018 to the present.

Business Related Ordinances
Ordinance No. 2018-11, § 1, 6-5-2018 (Cannabis Business Ordinance Tax) Summary: Levies a tax on all cannabis businesses that operate in the city. Tax rates are dependent on the business type and size (i.e., square feet).

Ordinance No. 2018-10, § I, 12-12-2018

9.22.020 - Definitions
Summary: Provides a legal definition for the terms ‘cannabis’, ‘cannabis activity’, ‘cannabis business’, ‘cannabis business permit’, ‘cannabis concentrate’, ‘City’ or ‘City of Nevada City’, ‘cultivation’ and ‘commercial cultivation’, ‘cultivation site’, ‘delivery’, ‘dispensary’, ‘dispensing’, ‘distribution’, ‘distributor’, ‘dried flower’, ‘edible cannabis product’, ‘live plants’, ‘manufacturer’, ‘manufactured cannabis’, ‘manufacturing site’, ‘cannabis’, ‘person’, ‘state license’, ‘topical cannabis’, ‘testing laboratory’, ‘transport’, and ‘transporter’. These terms are defined in the specific context of the legal cannabis market for Nevada City.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2021-02, § 2, 3-25-2021

9.22.030 - Cannabis Business Permit Required for Owner/Operator; Requirements for Cannabis Business Employees
Summary: No individual may engage in any cannabis business or in any cannabis activity within the City of Nevada City unless said individual (1) has a valid cannabis business permit 40 from the City of Nevada City and (2) is currently in compliance with all applicable state and local laws and regulations related to the cannabis business and associated business activities.

What is more, cannabis business owners or operators must ensure all employees are educated on local ordinances, requirements, and applicable state laws for cannabis businesses and that they adhere to all applicable requirements.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2021-02, § 3, 3-25-2021

9.22.040 - Limitation on the Number of Cannabis Dispensaries Summary: The City Council may issue a maximum of up to one (1) cannabis permit to a qualified cannabis dispensary at any one given time. The cannabis dispensary must obtain a cannabis business permit from the City before commencing operations and adhere to all applicable state, federal, and local laws and requirements while in operation. There is no mandate stating the City Council must issue one or more cannabis business permits to a cannabis dispensary if it is determined there are no qualified applicants, the proposed cannabis dispensary locations are incompatible with neighboring land uses, or the issuance of a cannabis dispensary would have a negative effect on health, safety, or welfare of community members and other local businesses. The City Council shall maintain the right to issue up to a maximum of three (3) cannabis dispensary permits once it is determined there are no significant consequences of allowing cannabis dispensaries within the City. The Planning Commission may issue permits to other qualified cannabis business owners or operators to establish cultivation, manufacturing, distribution, transporting, or testing laboratory businesses within the City of Nevada City.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2021-02, § 4, 3-25-2021

9.22.050 - Application for Cannabis Business Permit: Renewal Applications; and Effect of Revocation or Suspension of State License
Summary: The City reserves the right to reject any or all applications, or modify, postpone, or cancel any request for applications. An application risks being rejected if it is (1) received after a designated time and date, (2) does not contain the required elements, exhibits, nor organized in the required format, (3) is considered not fully responsive to this request for permit application, or (4) contains excess or extraneous material not called for in the request for permit application.

All issued cannabis business permits shall expire twelve (12) months after the data of its issuance. Applications for renewal of a cannabis business permit shall be filled at least sixty (60) calendar days prior to the expiration date of the current permit. The renewal application shall contain information required for new applications.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2019-05, § I, 8-28-2019

9.22.060 - Appeals
Summary: Applicants denied a cannabis business permit have the right to file a written request for appeal, which will be presented to the City Council for review. The City Council may affirm, reverse, or modify the decision appealed.
41 Ordinance No. 2018-10, § I, 12-12-2018

9.22.070 - Permittee Selection Process
Summary: The City Council shall select the top three applicants applying for a cannabis business permit in the dispensary category and make a final determination at a public meeting.

Applicants for other cannabis business categories will be presented to the Planning Commission for a final determination at a public meeting. Applicants for all cannabis permits will be invited to attend these public meetings to propose their business plans.The City Council shall rank the final three candidates and select one or more to be issued a cannabis business dispensary permit.

The Planning Commission
Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2021-07, § 2, 8-25-2021

9.22.080 - Requirements Before Permittee May Commence Operations Summary: Prior to commencing operations, a cannabis business shall obtain a City of Nevada City business license and must obtain all required permits and approvals required for any business of the same size and intensity operating in that zone.

Ordinance No. 2018-10, § I, 12-12-2018

9.22.090 - Operating Requirements for Cannabis Businesses Summary: It is the responsibility of the owners and operators of the cannabis business to ensure it remains in compliance with all applicable state and local laws. No individual may commence or continue any cannabis activity in the City without timely paying in full all fees, charges, and any applicable taxes required for the operation of a cannabis industry. Cannabis dispensaries may be open between the hours of 8:00 A.M. to 8:00 P.M. Monday through Sunday. Other cannabis businesses may operate only during the hours specified in the business’s cannabis business permit. Cannabis shall not be consumed on the premises of any cannabis business, and no outdoor storage of cannabis or cannabis products is permitted at any time. Each cannabis business shall have in place a point-of-sale tracking system to track and report on all aspects of the cannabis business, including cannabis tracking, inventory data, and gross sales. All cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by licensed facilities that are in full compliance with state and local regulations.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2021-07, § 3, 8-25-2021

9.22.100 - Additional Operating Requirements for Cannabis Dispensaries Summary: Each owner and operator of a cannabis dispensary shall maintain books and records, detailing all of the revenues and expenses of the dispensary, all of its assets and liabilities, and the names and contact information of anyone owning or holding an interest in the cannabis dispensary, including officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis dispensary. Each cannabis dispensary will maintain a record of all persons, patients, collectives, and primary caregivers served by the cannabis dispensary for a period of no less than four (4) years, or as required by state law, whichever is the 42 lesser period of time. City officials will have access to the dispensary’s books, records, accounts, and any other data or documents relevant to its permitted cannabis activities for the purpose of conducting an audit or examination. A permitted cannabis dispensary shall implement sufficient security measures to deter and prevent unauthorized entrance into areas containing cannabis products.

Ordinance No. 2018-10, § I, 12-12-2018

9.22.110 - Additional Requirements for Cultivation Facilities Summary: The cultivation of all cannabis must occur indoors. All outdoor cultivation is prohibited, and no cannabis plants shall be visible from a public or private road, sidewalk, park, or any common public viewing area. Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage and quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. Pesticides and fertilizers shall be properly labeled and stored. All applicants for a cannabis cultivation permit shall submit information on cultivation and operations plans, a description of legal water source(s), irrigation plans, and projected water use, electrical power sources and plans for compliance with applicable building codes, and plans for addressing odor and other public nuisances.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2021-02, § 6, 3-25-2021

9.22.120 - Additional Requirements for Medical Cannabis Manufacturing Businesses Summary: The manufacturing of food or other products containing cannabis may be manufactured within the appropriate zoning districts, and are subject to regulations set forth by the City of Nevada City. All edible cannabis products shall be labeled and placed in tamper-evident packaging which meets the requirements of California Business and Professions Code section 19347.

Ordinance No. 2018-10, § I, 12-12-2018; Ordinance No. 2019-01, § I, 1-23-2019

9.22.125 - Additional Requirements for Cannabis Manufacturing Business that Utilize or Produce Hazardous Materials
Summary: Provides legal definition for ‘hazardous’ materials. All cannabis manufacturing businesses that either use or produce hazardous materials will be subject to state and local regulations to ensure the protection of individuals and the local environment.

Ordinance No. 2019-05, § II, 8-28-2019

9.22.130 - Delivery by Cannabis Dispensary Permitted
Summary: Legally permitted cannabis dispensaries are authorized to make deliveries within the City and within any jurisdiction that permits deliveries. 43 Ordinance No. 2018-10, § I, 12-12-2018

9.22.140 - Application of Chapter; Other Legal Duties
Summary: The City Manager or his/her designee is authorized to establish any additional rules, regulations, and standards governing the issuance, denial, or renewal of cannabis business permits, as well as ongoing operation of a cannabis business.

Ordinance No. 2018-10, § I, 12-12-2018

9.22.150 - Violations and Enforcement
Summary: Violation of state and local laws and regulations shall be subject to all remedies and enforcement measures authorized by the Nevada City Municipal Code.

Zoning Related Ordinances
Ordinance No. 2018-10, § II, 12-12-2018

17.142.020 - Definitions
Summary: Cannabis dispensaries shall be permitted in the following zoning destinations:

General Business (GB) excluding those properties designated with an Historic District (HD) overlay, Local Business (LB), and Light Industrial (LI) Zones. No cannabis dispensary shall be closer than six hundred (600) feet from any portion of any parcel in the City limits containing (1) a school or (2) public park
Ordinance No. 2018-10, § II, 12-12-2018

17.142.040 - Location of Cannabis Businesses - Other than Dispensaries Summary: Cannabis businesses other than dispensaries shall be permitted in the Light Industrial (L1) zones only, and may not be located within six hundred (600) feet of a school. Cannabis businesses that utilize hazardous materials or produce hazardous waste may not be located within six hundred (600) feet of a school.

Ordinance No. 2018-10, § II, 12-12-2018; Ord. No. 2019-05, § III, 8-28-2019

17.142.050 - Distances Measures; Applicable Properties
Summary: The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the cannabis business is to be located, without regard to any intervening structures.

Ordinance No. 2018-10, § II, 12-12-2018)

17.142.060 - Certification from Planning Director
Summary: Prior to commencing operations, a cannabis business must obtain a certification from the Planning Director certifying that the business is located on a site that meets all of the requirements of this Title.
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Nevada City. (n.d.). About Nevada City: California’s Best Preserved Gold Rush Town. https://www.nevadacityca.gov/pview.aspx?id=20700
Nevada City. (n.d.). Cannabis Businesses.
https://www.nevadacityca.gov/pview.aspx?id=20817&catid=0 Nevada City. (2016). 2016 Nevada City Community Survey. https://www.nevadacityca.gov/pview.aspx?id=20803&catid=565 Nevada City Municipal Code. (2018- 2019). Chapter 17.142: Cannabis Businesses and Activity.

Municode Library.
https://library.municode.com/ca/nevada_city/codes/code_of_ordinances?nodeId=TIT17Z O_CH17.142CABUAC_17.142.060CEPLDI
Nevada County Grand Jury (2012). Nevada City Police Services: Benefit in Outsourcing. https://www.nevada.courts.ca.gov/system/files/1112-law-nevadacitypolicedepa.pdf Nevada County Grand Jury. (2021). Cannabis in Nevada County: A Growing Problem. https://www.nevada.courts.ca.gov/system/files?file=2021-hev-cannabisinnevadacounty.p df
Nevada County Sheriff’s Office. (2016). 2016 Annual Report. Keith Royal, Sheriff/ Coroner; Public Administrator.

O’Neil, R. (2021). The economics of pot: Price of cannabis flower drops 50% from last year. The Union.
https://www.theunion.com/cannabis/the-economics-of-pot-price-of-cannabis-flower-drop s-50-from-last-year/article_c88a91ab-6310-5210-a138-ef50cd96bfb8.html Powell, A. (2020, February 24). What we know and don’t know about pot. Harvard Gazette. https://news.harvard.edu/gazette/story/2020/02/professor-explores-cannabiss-safe-use-an d-addiction/
Riquelmy, A.. (2016). Nevada County marijuana: A timeline from 1996 to present day (Interactive Graphics). The Union.
https://www.theunion.com/news/nevada-county-marijuana-a-timeline-from-1996-to-prese nt-day-interactive-graphics/article_3776144c-eeca-5069-ad33-916ae6629cd8.html Roller, W. (2021). High cost of business: Small-plot cannabis grower struggles to prevail. The Union.
https://www.theunion.com/cannabis/high-cost-of-business-small-plot-cannabis-grower-str uggles-to-prevail/article_8cdc47c4-5d37-54de-bdd3-b0b8495786ce.html 47 The Sentencing Project. (2021, June 3). Criminal justice facts. https://www.sentencingproject.org/criminal-justice-facts/#:~:text=The%20United%20Stat es%20is%20the,explain%20most%20of%20this%20increase.

Song, B. (2018). National Arrests for Cannabis-Related Offenses 1996-2016. New Frontier Data. https://newfrontierdata.com/cannabis-insights/national-arrests-cannabis-related-offenses1996-2016/ South Yuba River Citizens League. (2023). 2021 Cannabis Impact Survey Results. https://yubariver.org/posts/2021-cannabis-impact-survey-results/ State of California Department of Justice. (n.d.). Publications: Asset Forfeiture Annual Report Summary. Office of the Attorney General. https://oag.ca.gov/publications#asset United States Census Bureau. (2020). Decennial Census Redistricting Data. Table P1: Race.

Nevada City, CA.
https://data.census.gov/table/DECENNIALPL2020.P1?q=Nevada+City+city,+California 48 City of Nevada City
Cannabis Local Equity Program Manual
1 Section 1. Purpose
In 2023, Nevada City contracted with Cal Poly Humboldt’s California Center for Rural Policy (CCRP) to perform a comprehensive analysis of the impact of cannabis criminalization and the war on drugs on communities in Nevada City. This analysis, titled Nevada City Cannabis Equity Assessment (CEA) established that certain persons in the city have been substantially and adversely impacted by the criminalization of cannabis.

Many rural communities in California have a history of entrenched local poverty and economic hardship. These communities were impacted significantly by the criminalization of cannabis.

Targeted, data-driven, and well-funded equity programs can help communities and populations, especially ancillary cannabis businesses, into a legal and sustainable economic future.

The purpose of this manual is to describe the qualifications for and services to be provided by the Nevada City Local Equity Program (LEP). The LEP is informed by findings in the Equity Assessment. This manual for the LEP is subject to updates and revisions in accordance with findings in the CEA as approved by the Nevada City Council.

Additionally, this manual provides links to examples of services offered by other California jurisdiction’s state funded Local Equity Programs. It is recommended that Nevada City review the services provided by other jurisdictions in California before determining what services to provide to the local community. Please note the information in the links below might be outdated. The jurisdictions are listed below in no particular order:

1. Nevada County

2. The City of Oakland

3. The City of Los Angeles
a. SEED Rental Assistance Grant Program
b. Social Equity Application Processing Benefits

4. The City of Sacramento

5. The City of Long Beach

6. Humboldt County

7. Mendocino County
Section 2. Program Eligibility
The Governor’s Office of Business and Economic Development’s (GO-Biz) Cannabis Equity Grant (CEG) outlines that local jurisdictions will be aiding equity applicants and licensees to build a business in the regulated market. Accordingly, individuals are eligible to apply to the Local Equity Program, not business entities. Equity applicants are required to have at least 25% ownership of their business. Eligibility criteria for the program is below:

City of Nevada City
Cannabis Local Equity Program Manual
2 Program Eligibility
Tier A Eligibility Criteria
Those who meet one1or more of the below Tier A eligibility criteria will be considered for state funding and state funded services.

Nonviolent
Conviction & Arrest
History
Any individual seeking support or services to participate in the legal cannabis industry in Nevada City and the broader Nevada City community2, as outlined in the CEA, who was arrested and/or convicted of a nonviolent sale, possession, use, manufacture, or cultivation of cannabis (including as a juvenile) or has been subject to asset forfeiture due to cannabis arrest or conviction between 1985 and 2016.

Family Conviction Any individual seeking support or services to participate in the legal cannabis industry in Nevada City and the broader Nevada City community, as outlined in the CEA, with a parent, sibling, child, or guardian/member of immediate household who was arrested for or convicted of the sale, possession, use, manufacture, or cultivation of cannabis (including as a juvenile) between 1985 and 2016.

Low to moderate
income status
Any individual seeking support or services to participate in the legal cannabis industry in Nevada City and the broader Nevada City community, as outlined in the CEA, whose household income is at or below 80% of the average median income (AMI) in Nevada County for 2023.3
Tier B Eligibility Criteria
The following eligibility criteria is only applicable if the applicant meets at least 1 criteria in Tier A:

Veteran Status Any individual seeking support or services to participate in the legal cannabis industry in Nevada City and the broader Nevada City community, as outlined in the CEA, who can demonstrate veteran status.

Medicinal
Consideration
Any individual seeking support or services to participate in the legal cannabis industry in Nevada City and the broader Nevada City community, as outlined in the CEA, that facilitates medicinal product innovation, patient access, data-gathering for patients, and community 1 It is up to the discretion of the city to use a minimum threshold combination such as “applicant must meet 3 of 6 criteria” to be deemed eligible.
2 Broader Nevada City community is defined in the Cannabis Equity Assessment to include Census tracts 7.01, 8.01,

8.02, and 9.
3 Nevada County’s 2023 Income Limits Categories per person can be found here. The following are 80% AMI by household size in 2023: For 1 person: 58,350, For 2 people: 66,700, For 3 people: 75,050, For 4 People: 83,350.

City of Nevada City
Cannabis Local Equity Program Manual
3 service. This qualification will be considered only if at least one other eligibility criteria is met.

Residency
Consideration
Any individual seeking support or services to participate in the legal cannabis industry in Nevada City and the broader Nevada City community, as outlined in the CEA, who has resided in the city for at least two years between 1970-2016. The city reserves the right to make this, or an altered criteria of this factor, a mandatory requirement.

In order to determine and categorize which individual applicants are most in need of support, a score will be determined for each equity applicant based on the number of eligibility criteria the applicant meets. Each qualification will have an assigned value that will be determined by how direct the impact was. Tier A criteria will be scored at two points each and Tier B criteria will be scored at one point each. The city reserves the right to adjust eligibility criteria and scoring method as needed to reflect current needs and trends in the city. The score will support prioritization of services for equity applicants. The goal of the applicant scoring system is to ensure that those most impacted by cannabis criminalization and poverty have priority access to local equity program funding.

Nevada City will take into consideration the following applicant types when determining available services:
● Applicants that have already received their license.
● Applicants that are facing barriers to entry in receiving their license. ● Applicants that are not yet in the permitting process but are planning to start.

Section 3. Program Access
The Governor’s Office of Business and Economic Development’s (GO-Biz) Cannabis Equity Grant (CEG) outlines that local jurisdictions can further reduce barriers to entry into the regulated market by fostering equitable access to licensure and business ownership. To ensure that applicants who are eligible for the Nevada City Local Equity Program have adequate opportunity to benefit from the program, options to foster ongoing support may include:

Program Access
Ratios Mandate a certain percentage of future licenses (of all or any license type) for equity-eligible applicants. Nevada City will have discretion over this mandate and will determine if mandating licenses for equity applicants will work for the city.

Tax and Fee
Reductions/Waivers
Reduce/waive fees and/or taxes for equity applicants.

City of Nevada City
Cannabis Local Equity Program Manual
4 Cooperative and/or
Co-Located
Businesses
Facilitate cooperative or co-location arrangements.

Other Other strategies up to the discretion of Nevada City to incentivize equity program participants’ ability to participate in the legal industry.

Under the discretion of the city, staff will notify the community about the Local Equity Program through the following:
● Information on Nevada City’s website.
● News releases and other media outreach.
● Social media campaigns.
● Local industry groups such as Nevada County Cannabis Alliance (Cannabis Alliance). ● Email or letter correspondence with current cannabis business license holders.

Nevada City may determine other lines of communication to ensure that the community is aware of the Local Equity Program and is able to access information about applying for funds. All outreach materials will be clear, concise, and accessible to those with low literacy. The city will determine if outreach materials will be translated into other languages.

Under the discretion of the city, staff will address feedback from communities and populations eligible for the Local Equity Program in the following ways:
● Written e-comment.
● Opportunities to speak with the City Manager or their designee. ● Listening sessions/workshops.
● Surveys.
● Other opportunities up to the discretion of Nevada City.

Section 4. Services
Services to be provided by the Nevada City Cannabis Local Equity Program may include one or more of the services listed in the tables below. The availability and scope of services will depend on the need and the availability of funds from grants or other sources.

City of Nevada City
Cannabis Local Equity Program Manual
5 Nevada City intends to provide the majority of services via direct funding assistance to equity applicants and licensees to assist them in entering and succeeding in the legal cannabis market.4 All services outlined in the section below apply to all cannabis license types. Wherever possible, Nevada City will align services with funding requirements and recommendations from the State of California.

The subsequent categories reflect services to support cannabis businesses:

Services to Address Financial Barriers

1. Tiered fees or fee waivers for cannabis-related permits and licenses including annual cannabis business license fees and applications fees.

2. Assistance with fees for studies required as part of land use applications such as cultural studies, hydrology reports, biology reports, etc.

3. Direct grants to applicants for the purpose of complying with permits or license requirements for Nevada City and/or the State of California.

4. Direct grants to applicants for purposes of assuring compliance with regulatory requirements of the city and state including, but not limited to:
● Funds to cover the cost of installing security systems. ● Rent for said facilities where the above activity is occurring and when cultivation of cannabis activities is permitted by the owner. ● Funds to cover fire suppression and compliance, such as fire alarm systems or fire sprinkler systems.
● Funds to cover trainings and certifications for best management practices such as pesticide use, etc.

5. Direct payment of fees related to meetings with staff that approve permits and licenses.

6. Assistance securing business locations prior to or during the application process.

7. Direct grants to cover costs of comprehensive marketing strategies that connect cannabis businesses to tourism efforts and increase the reach of cannabis businesses.

8. Direct grants to cover costs of business planning (business startup strategy: how to build and manage a detailed startup business plan that can scale up and include facilities, marketing, tax and regulation, payroll, and teamwork) or direct grants to cover costs of agencies and/or professionals who offer cannabis business support including but not limited to business planning, loan application preparation, site 4 Any and all financial assistance relevant to the Nevada City Cannabis Equity Program is made available through grant funding provided by the State of California. Grant funding will only be available until the funds are exhausted, or until the State mandated expiration of the equity grant program, whichever occurs sooner.

City of Nevada City
Cannabis Local Equity Program Manual
6 location services, human resource management, legal assistance, capital procurement services, bookkeeping and accounting practices and systems.

9. Direct grants to cover costs of human resource methods, which include hiring and orientation, hiring and supervision processes, setting job benchmarks and performance standards, evaluating performance for promotion or wage scale increases, and procedures for hiring consultants.

10. Direct grants to cover costs of various equipment fees.

Please note that no more than 10 percent of the grant award may be used for direct technical assistance activities, such as the services listed below.

Services to Assist with Business Acumen

1. Small business support services including technical assistance or professional and mentorship services. Support services also can include costs associated with membership in the Cannabis Alliance and the education and technical support provided to members.

2. Assistance in recruitment, training, and retention of a qualified and diverse workforce, including transitional workers.

3. Provide training/support for business owners on workforce rules and regulations.

For example, training on Occupational Safety and Health Administration (OSHA) regulations and standards.

Services to Facilitate Outreach and Education

1. Conduct outreach and education efforts for potential equity applicants to encourage those individuals to apply for licenses and enter the legal industry. An example of outreach may include hosting listening sessions, informational sessions, or coordination with the local cannabis trade association (Cannabis Alliance).

2. Conduct outreach and education efforts regarding the Department of Cannabis Control’s disaster relief programs so that cannabis operators in Nevada City know of opportunities to receive assistance from the State and City.5 Section 5. Additional Services for Equity Applicants and Licensees If it is determined that there is funding available and an existing need from equity applicants and equity licensees, Nevada City may explore the following additional services for inclusion in the Local Equity Program through a future program revision. 5 https://cannabis.ca.gov/resources/disaster-relief-programs/ City of Nevada City
Cannabis Local Equity Program Manual
7 Additional Services

1. Access to incubator programs such as manufacturing hubs that can hire, cross train and job share positions between small entrepreneurs. Incubation hubs will provide (1) mentorship in business skills; (2) technical assistance; (3) a reporting system to monitor and ensure neither equity licensee nor business mistreat the other; and (4) a system that allows equity licensees and businesses to anonymously provide suggestions and complaints about the existing program.

2. Training to learn how to use METRC, the state’s track and trace system used to track commercial cannabis activity and movement across the distribution chain.

Section 6. Program Administration
Nevada City intends to seek available funding from the State of California for the Local Equity Program as outlined in Senate Bill 1294 (Bradford), referred to as the California Cannabis Equity Act. SB 1294 created a fund for local jurisdictions with cannabis equity programs to apply for funding to assist local equity applicants and local equity licensees to gain entry to and successfully operate in the state’s regulated cannabis marketplace.

The use of local funding for the Local Equity Program will remain at the discretion of the city.

Program Administration

1. No more than ten percent (10%) of any funding from the California Governor’s Office of Business and Economic Development (GO-Biz) Local Equity Program Grant Funds may be utilized for program administration (employing staff or hiring consultants to administer the program, including loans and grants & the costs associated with the jurisdiction’s efforts to provide sources of capital to equity applicants and licensees.)

2. Principal administration and coordination of services shall be performed by the City Manager or his or her designee.

3. The City Manager or his or her designee shall receive and process all applications to determine eligibility of equity program participants.

4. The City Manager or his or her designee shall monitor and report on all program services provided through the LEP, at least annually and more frequently as directed by the City Council, state law, or regulation.

Local jurisdictions that have been previously awarded a Cannabis Equity Grant from GO-Biz are eligible to apply for a subsequent grant only if:
● The jurisdiction has expended at least 50 percent (50%) of any grant funds awarded more than 12 months ago and;
City of Nevada City
Cannabis Local Equity Program Manual
8 ● Expended at least 80 percent (80%) of any grant funds awarded more than 18 months ago.

Section 7. Provision of Services
Staff in the City Manager’s Office or other designees by the City Council serve as the liaison between equity licensees/permitted operators who receive grant funding and the selected agency that provides an eligible service.

Involved agencies may include but are not limited to:

1. Small business development organizations

2. Planning Department

3. Department of Health Services

4. Workforce development agencies

5. Law enforcement agencies
Section 8. Program Monitoring and Evaluation
For the purposes of understanding the impacts of the adult-use cannabis industry, Nevada City will track data on general and equity applicants. The purpose of collecting data on an ongoing basis is to measure the success of the local cannabis equity program.

Completion of an annual demographic questionnaire will be voluntary and will be aligned with the demographic questionnaire developed by the State of California. Applicants and existing operators will be encouraged to participate so that the city can ensure that equity funding is being awarded to populations of highest need. Recommended metrics are as follows and conform to the city’s discretion:

Recommended Metrics:

Number of equity
applicants to apply

1. Types of drug-related offenses

2. Income status

3. Residency status

4. Ownership structure
City of Nevada City
Cannabis Local Equity Program Manual
9 Workforce
characteristics

1. Total number of employees

2. Number of local employees

3. Employment status (full-time, part-time, etc)
Equity programspecific data1. Number of applicants eligible for equity program

2. Associated permit types

3. Number and types of services provided to equity applicants

4. Number of equity program applicants to receive
licenses/permits

5. Number of equity program applicants starting ancillary businesses

6. Feedback from participants to understand the impact of receiving funds on their socioeconomic status or ability to stay in Nevada City.

Nevada City Cannabis
Equity Assessment:

Findings and
Recommendations
California Center for Rural Policy
Impacts of Cannabis Criminalization
► Primary Impacts
► Drug and cannabis arrests
► Civil asset forfeitures
► Disparities in Impacts
► Arrests by race
► Arrests by age
Drug Arrests per 100,000 Population
Nevada County Cannabis Possession or Sales Arrests per 100,000 Population by Race Barriers to Entry
► Financial - startup and overhead costs
► $85k - $90k to reach compliance
► SYRCL 2021 survey - top reason cannabis cultivators have not entered legal market
► Access to personal and business banking services
► No major banks provide services to cannabis firms
► Administrative
► Permitting process is complicated and burdensome
► Likely the most common barrier to enter legal market
► Education and business acumen
► Cannabis growers are highly knowledge and skilled in their craft, but likely don’t have business education or experience.

Recommendations (Local Equity Program)
► The Local Equity Program (LEP) manual is intended to describe the qualifications for and services to be provided by Nevada City.
► Informed by findings from the CEA.
► Fluid document that can be amended over time.
► Main Recommendations:
a. Eligibility criteria
b. Program access
c. Services
d. Program administration
e. Provision of services
f. Programing monitoring and evaluation

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: November 8, 2023 Agenda Item No. 14
Subject: Consideration of a Grant Modification for the
Proposition 64 Cohort 3 Grant Award Related to Turf Field Conversion and Other Potential Project Amenities.

From: Sean Grayson, City Manager
Date: October 29, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Provide direction to staff with regard to the grant modification.

ISSUE STATEMENT AND DISCUSSION:

On December 2, 2023, the City of Nevada City submitted an application to the California Board of State and Community Corrections (BSCC) for Proposition 64 Cohort 3 Grant program. One project under the grant submission Equipment/Fixed Assets Category was “the purchase and installation of a new turf field at 7-Hills School and converting the school resource into a City Park focused as a cannabis free zone with facilities for youth to engage in health activities and recreation to help build protective factors against substance abuse.” The total amount requested for the project was $1 million. On April 3, 2023, the city received notification that the BSCC intended to make an award to Nevada City. On June 23, 2023, the City received the executed contract from the BSCC for the City’s Proposition 64 Cohort 3 Grant Award in the amount of $3 million over five years through October 31, 2028, including the $1 million turf field. On August 16, 2023, staff met with the Nevada City School District (NCSD) Superintendent who shared that the amount requested for the turf field in the grant was insufficient to achieve the scope of work the school district would desire at the 7-Hills field. The Superintendent requested that instead the city use the money to pay for rehabilitating the existing grass fields at both 7-Hills Middle School and Deer Creek Elementary School.

Any substantial change to the grant requires the submission of a modification by the city to the BSCC.

Given the amount of the project to be modified, $1 million, the modification submission requires approval of the City Council. The modification submission is a request and should be consistent with the overall grant and the scoring the projects subject to modification received in the grant review and award process.

Fundamentally the portion of the grant as awarded included 1) a new park amenity to serve as a drug free location for youth, 2) a new park for the city via a shared use to use school facilities as a public park outside of school use; and 3) a city/school partnership for youth programming. Staff shared with the NCSD that their request to use the funds for essentially maintenance of an existing amenity did not align with the project as submitted or its presumable grading. The NCSD request would remain consistent with #2 and #3 which continues to use the same space as a city park outside school use.

On August 25, 2023, the owner of the Nevada City Tech Center property presented an offer to partner with the city by offering a portion of the Tech Center land for use as a city skatepark. As grant modification, the skatepark would be a new amenity meeting criteria #1 above and the donated land would become a new city park that was not restricted by school hours meeting criteria #2 above. Eliminating the school partnership and repurposing the funds exclusively for a skatepark would likely detract from the value of “a cannabis free zone with facilities for youth to engage in health activities and recreation to help build protective factors against substance abuse” as proposed in the grant and thus not meet #3. This could be remedied with connectivity between 7-Hills and the skatepark and other cooperative efforts.

Both the grant modification and land donation for a skatepark were presented to the Strategic Initiative Parks Committee on October 13, 2023, in order to receive feedback on a grant modification and committee recommendations on the potential land donation and skatepark. The committee presentation was focused on the viability of the reuse of the $1 million grant funds for the turf field project for a skatepark instead.

Essentially all but one of the 77 attendees at the committee meeting were in favor of the skatepark. There was support for both projects from some attendees. There were several comments expressing concern of the safety, cost, carbon footprint, and other environmental impacts of a turf field. There was support for both projects from some attendees but there was not a presentation or discussion on a project that might accomplish both.

Staff met with NCSD prior to the committee meeting and has met twice since then to explore potential options for a blended project. In addition to public engagement on the topic, a skatepark project would include:
• Land acquisition and site design
• Skatepark amenity design and build
• Future expansion
• Parking
• Bathroom and snack shack
• Security measures including fencing, cameras, etc.
• Path of travel from the 7-Hills school property to the skatepark property NCSD recommends a 7-Hills school project that includes:
• Eliminating the turf field proposal
• Regrading, drainage and sprinkler upgrades, and new grass installation • A decomposed granite track around the field
• A bathroom and snack shack
• A fencing project
• A future baseball/softball field conversion
NCSD has offered that under the school project solution the 7-Hills field would still become city park after school hours and that the NCSD new mountain bike track adjacent to the private property proposed for the skatepark would also become city park after school hours.

Both the skatepark project and 7-Hills school project appear to meet the grant criteria as previously noted.

Both projects combined almost certainly meet and exceed the grant criteria and are an enhanced community benefit over either project alone. The city anticipates using Proposition 64 Cohort 2 (previously awarded grant) funds to prefund Proposition 64 Cohort 3 authorized items not related to the turf field project. This may allow up to $175,000 to be requested to be allocated to both projects combined. Even with this amount, there are insufficient funds in the grant to provide both projects. The NCSD proposes to include $150,000 toward the combined projects in 2024 with the potential for additional funds in the subsequent three years of the grant period to be determined based upon available funds and project needs. In total this makes $1,325,000 available for the combine project. The specific costs of the various elements are not known.

Estimates suggest that the following as a phase 1 of the combined projects is likely accomplishable given the top dollar funding amount and could reasonably be the basis of the grant modification:
• Skatepark land acquisition and site design
• Skatepark amenity design primary element build
• Skatepark parking (on existing private property)
• Skatepark bathroom and snack shack
• Regrading, drainage and sprinkler upgrades, and new grass installation at 7-Hills • A decomposed granite track around the field at 7-Hills This would leave the following items to be funded through future grant or joint city / school funding initiatives and constitute a Phase 2 of the project:
• Skatepark security measures including fencing, cameras, etc. • Path of travel from the 7-Hills school property to the skatepark property • A bathroom and snack shack
• A fencing project at 7-Hills
• A future baseball/softball field conversion
Staff requests that the City Council provide prioritization of amenities for the proposed project and direction on any grant modification staff should submit.

Next Steps
The next steps are dependent upon City Council direction on the grant modification request. While any modification may take until January of 2024 to receive approval, there are actions that can begin now to expedite the process. The information below represents the actions staff will pursue should the components be directed to be included in the modification request:
• Engage a facilitator/planner to guide the public discussion on the skate park design. • Work with the Tech Center property owner for site selection and site control opportunities. • Work with the school district for all phase site design for 7-Hills. • Develop a master site layout and cost model for the project.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There are no costs associated with this action. The grant modification, if submitted, is not guaranteed. Any requested amendment would be within the limits of the already approved grant. Funding for future phases would come from future grant funding or future budget allocations. Grant writing services would be provided under the city’s existing agreement with the selected grant writing firm.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Parks: Parks, Open Space, Recreation, Programming, and Community Facilities. The action specifically addresses, in part, goal #3, “Engage the community in a parks, open space, recreation, and community facilities needs analysis,” and goal #7, “Actively pursue grants including Prop 68 and regional partnership grant opportunities”.

ENVIRONMENTAL CONSIDERATIONS:

None.

ATTACHMENTS:

None.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: November 8, 2023 Agenda Item No. 15
Subject: Consideration of the Input Provided to the Strategic Initiative Business Committee as Referred by the City Council in Relation to Ordinance 2023-08: An Ordinance of the City Council of the City of Nevada City, State of California Amending Section 17.68.080 of Chapter 17.68 (“COMBINING DISTRICT REGULATIONS”) and Section 17.80.190 of
Chapter 17.80 (“DEVELOPMENT PERFORMANCE
STANDARDS”) both of Title 17 (“ZONING”) of the City of
Nevada City Municipal Code, Relating to the Lighting of Signs.

From: Sean Grayson, City Manager
Date: August 14, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Provide direction with regard to adopting or modifying the ordinance.

ISSUE STATEMENT AND DISCUSSION:

On August 23, 2023 the City Council considered the second reading and adoption of Ordinance 2023-08:

An Ordinance of the City Council of the City of Nevada City, State of California Amending Section

17.68.080 of Chapter 17.68 (“COMBINING DISTRICT REGULATIONS”) and Section 17.80.190 of Chapter 17.80 (“DEVELOPMENT PERFORMANCE STANDARDS”) both of Title 17 (“ZONING”) of the City of Nevada City Municipal Code, Relating to the Lighting of Signs. After hearing public comment on the matter, the City Council did not adopt the ordinance but referred it to the Strategic Initiative Business Committee for further public input.

The Business Committee met on September 28, 2023. A presentation was provided by staff on:
• Regulated and unregulated signs and regulated and unregulated lighting generally and specifically within the historic district
o Generally, signs outside of a building including free standing signs, those integrated into the building and those hung from buildings are regulated. Certain neon and tube lit signs are additionally regulated within the historical district. Where signs are regulated the lighting of the signs is generally regulated.
• The existing ordinance and its allowances and prohibitions o Comments at the August 23, 2023 City Council meeting were primarily supportive of not prohibiting neon signs in the historical district. Neon and tube lit signs are regulated within the existing ordinance and that regulation is not amended by the proposed ordinance change. • The proposed ordinance change and its impacts.
o The proposed ordinance provides that “Internally illuminated signs and digital or electronic signs of all types are prohibited.” This prohibition applies to all regulated signs in all areas of the city.

There was significant public input that the committee found to be broadly within the categories of:
• Requests to clarify the scope and meaning of existing sign ordinances and of the proposed Ordinance. • Requests that the proposed Ordinance be rejected, specifically to allow internally illuminated signs in the Historic District.
• Requests that the proposed Ordinance be accepted and that all noncompliant signs be removed. • Process.

The Interim City Planner noted that there would be opportunities to address the concerns of businesses that spoke at the meeting that could provide visible signage in conformance with the existing and proposed ordinance. The Nevada City Chamber of Commerce has proposed to partner with the City to evaluate options regardless of the City Council direction on the proposed ordinance change.

The written recommendation of the Business Committee Councilmember Ceci is:

The City Council should clarify the scope and intent of Ordinance 2023-08, particularly noting where nothing changes and no new restrictions apply. It should declare the values it seeks to enforce through the ordinance. In particular, it should address how it reconciles the needs of individual business owners to promote their business with the common good of maintaining the unique historic appeal of our town.

The City should work with partners such as the Chamber of Commerce and business owners to create signage that attracts customers but does not degrade the historic ambiance of the Historic District and other zones where internally illuminated signs are prohibited.

The written recommendation of the Business Committee Councilmember Kline is:

The City should work with the Chamber to provide businesses with compliant options for functional "open" signage, recognizing that some businesses are open later than others, and for businesses that remain open after sundown, some illumination may be necessary to let customers know they are open for business. Clear examples that eliminate guesswork would be very appreciated.

Reflective signage with a desk lamp pointed at it after sundown? Holiday lights around the word "OPEN" on a sign? Let's provide solutions that work so we don't have to revisit this conversation.

Staff requests that the City Council consider discussion from the Business Committee on the input provided at the committee meeting and the committee’s recommendation. The options for the City Council’s direction are generally:
• Direct staff to agendize the second reading and adoption of the ordinance as written with any clarifications of intent needed.
• Direct staff to amend the ordinance revision by returning to the Planning Commission for a recommendation on the changes and then subsequently to the City Council for a new first and second reading and adoption.
• Direct staff to discontinue pursuit of the amended ordinance.

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 embedded strategic initiative of Engagement: Community engagement and communications with stakeholders. The action is aligned with the strategic initiative of Business:

Business, industry, and cannabis support.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable to this action.

LEGAL REVIEW:

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

ATTACHMENTS:
 Ordinance 2023-08
 August 23, 2023 Staff Report on Second Reading of Ordinance 2023-08 1 ORDINANCE NO. 2023-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA AMENDING SECTION 17.68.080 OF CHAPTER 17.68 (“COMBINING DISTRICT REGULATIONS”) AND SECTION 17.80.190 OF CHAPTER 17.80 (“DEVELOPMENT PERFORMANCE STANDARDS”) BOTH OF TITLE 17 (“ZONING”) OF THE CITY OF NEVADA CITY MUNICIPAL

CODE, RELATING TO INTERNALLY ILLUMINATED AND ELECTRONIC SIGNS
WHEREAS, during a review of existing ordinances, prompted by the direction to create a Dark Sky compliant lighting ordinance, an incongruity between community expectation and language within the City of Nevada City Municipal Code was identified with regard to the lighting of signs; and
WHEREAS, the City Council desires to amend the Municipal Code to restrict signs that are internally illuminated, LED, and or electric signs; and WHEREAS, on July 20, 2023, the Planning Commission held a duly noticed public hearing on the Zoning Code text amendment, and at which time, recommended approval of the proposed text amendment to the City Council of the City of Nevada City; and WHEREAS, on August 9, 2023, the City Council held a duly noticed public hearing on the Zoning Code text amendment at which all those wishing to be heard were allowed to speak or present written comments and other materials.

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

SECTION 1. Chapter 17.68, Article II -HD Historical Combining District, Section 17.68.080 – Signs – Requirements and restrictions is hereby amended to add a new subsection L. to the Nevada City Municipal Code to read as follows:

L. Internally illuminated signs and digital or electronic signs of all types are prohibited.

SECTION 2. Chapter 17.80, Section 17.80.190 – Signs is hereby amended to add a new subsection I. to the Nevada City Municipal Code to read as follows:

I. Internally illuminated signs and digital or electronic signs of all types are prohibited.

SECTION 3. This adoption of this Ordinance is exempt from further CEQA review pursuant to Guidelines sec. 15061(c)(2) “The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.”
2 SECTION 4. Effective Date and Publishing Requirement. This Ordinance shall become effective thirty (30) days after the adoption date thereof and within fifteen (15) days of the passage of this Ordinance, the City Clerk shall publish a summary of this Ordinance in The Union, a newspaper of general circulation.

Introduced at a regular meeting of the City Council on the 9th day of August 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 23rd 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

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: August 23, 2023 Agenda Item No. 05
Subject: Second Reading and Consideration of Ordinance
2023-08: An Ordinance of the City Council of the City of Nevada City, State of California Amending Section 17.68.080 of Chapter 17.68 (“COMBINING DISTRICT
REGULATIONS”) and Section 17.80.190 of Chapter 17.80
(“DEVELOPMENT PERFORMANCE STANDARDS”) both
of Title 17 (“ZONING”) of the City of Nevada City Municipal Code, Relating to the Lighting of Signs.

From: Sean Grayson, City Manager
Date: August 14, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hold second reading and adopt the ordinance.

ISSUE STATEMENT AND DISCUSSION:

At the August 9, 2023, regular City Council meeting, the City Council introduced Ordinance 2023-08 to amend sections of the municipal code needed to address changes to the City’s sign standards.

In April of 2023 the City Council authorized staff to explore the development of a Dark Sky compliant ordinance working with the Planning Commission. In reviewing the work needed for the future ordinance creation an issue was identified within the language of the City’s municipal code with regard to the lighting of signs. It has been long accepted that “internally illuminated” signs are not permitted within the City. The language within the sign sections for both the historical district (17.68.080) and the remainder of the City (17.80.190) does not adequately articulate the long-accepted prohibition. The draft ordinance update is crafted to address this specific issue. It is anticipated that the future Dark Sky ordinance may further amend portions of the municipal code including the sign sections; the proposed ordinance is not anticipated to be in conflict with any such future change.

The Ordinance as drafted adds one additional clause to each of the two sections that reads, “Internally illuminated signs and digital or electronic signs of all types are prohibited.” The remaining requirements of the two sections are unchanged. Effectively the addition of this clause in both sections prohibits internally illuminated signs, regardless of their source or type of illumination, within all of the City.

The Planning Commission conducted a public hearing on July 20, 2023, on the draft ordinance and recommended its adoption by the City Council.

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 embedded strategic initiative of Engagement: Community engagement and communications with stakeholders. The action is aligned with the strategic initiative of Business:

Business, industry, and cannabis support.

ENVIRONMENTAL CONSIDERATIONS:

The subject ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the adoption of this ordinance is not a project, as defined by CEQA, but is instead an administrative action per California Code of Regulations, Title 14, section 15378(b)(2), and merely amends the regulatory process for sign applications.

LEGAL REVIEW:

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

ATTACHMENTS:

Ordinance 2023-08

From: Noelle Voorhees
To: Public Comment
Subject: Letter of support
Date: Friday, November 3, 2023 10:13:02 AM
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Subject: Support for Proposition 64 Community Field at Seven Hills School Nov 3, 2023
Dear Nevada City City Council Members,
I am writing to advocate for the proper allocation of Proposition 64 grant funds, specifically for the improvement of the field and amenities at Seven Hills School.

The discussions on park and field improvements, which began several years ago and are integrated into the Nevada City School District's Facilities Master Plan, reflect our community's commitment to enhancing our recreational spaces. Importantly, this grant has been a result of a collaboration between the city and the school district, a partnership that has the potential to yield substantial community benefits.

The Seven Hills School field serves as a vital community asset, accommodating various sports activities for both our students and residents of the area. It is also utilized by students and their families from other schools across the county for events such as cross country meets and mountain biking team competitions. However, it is in dire need of revitalization. The proposed project includes:

Field Improvement: Enhancing safety and playability.

Perimeter Walking Track: Promoting physical activity and wellness.

Bathroom Facilities: Ensuring comfort and convenience.

Snack Shack: Supporting athletes and maintenance.

These enhancements serve not only our students but also the broader community, creating a safe and welcoming space for physical activity and gatherings.

I urge you to prioritize this project and allocate the grant funds as originally intended, recognizing the collaborative effort that has gone into its development. Your support will have a profound positive impact on our community and further strengthen the partnership between the city and the school district.

Thank you for your time and attention to this important matter.

Sincerely,
Noelle Voorhees - Seven Hills School, Student Assistance Program Coordinator Noelle Voorhees, LMFT, PPSC
Seven Hills Middle School
Student Assistance Program Coordinator
(530) 265-1840 ext. 8128
From: apers00
To: Public Comment
Subject: Oppose proposed skate park in Mevada City
Date: Friday, November 3, 2023 12:32:18 PM
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Hello,
I am writing to oppose the building of a skate park in Nevada City. I am a Nevada City resident with 1 child at Deer Creek and another currently at Seven Hills.

Instead I would like to see the Seven Hills Middle School field turned into a sports park for our community.

I oppose this idea for several reasons.

Skate parks promote teen smoking, drinking & drug use, as is evidenced at Condon Park. My family has visited the skate park only once in Grass Valley due to this fact.Why would we create a space for that culture to become pervasive? Why would we spend an enormous amount of money for a select few to enjoy?
As a community we should be promoting inclusive team sports such as volleyball, pickle ball, soccer, softball & baseball. Turf fields create a safe space for inclusive recreation. As a family we repeated visit Grass Valley's newly restored Memorial park. Its culture and atmosphere has completely changed in the last couple of years. We would love to have a space that is closer to enjoy.

Skate parks are also dangerous. Concussions are prevalent bc most kids are unsupervised & not wearing protective gear. Broken bones are also common at skate parks.

Grass Valley has been vastly more successful at creating inclusive recreation space for all ages. Let’s use their example as a model for how we proceed.

Please do not approve funding for this project.

Sincerely,
April Griffin
12282 Red Dog Rd.

Nevada City
Sent from my Verizon, Samsung Galaxy smartphone
From: Joan Girdler
To: Public Comment
Subject: Illuminated Signs
Date: Monday, October 30, 2023 1:19:21 PM
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Please, NO. Nevada City should remain unique. Why would someone want to visit a place that is like so many others? I've talked to many tourists and they have all loved Nevada City for its
being different from other places. Please let us remain a lovely place with history and character.

Joan Girdler Good
From: Joan Girdler
To: Public Comment
Subject: Illuminated Signs
Date: Monday, October 30, 2023 1:19:21 PM
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Please, NO. Nevada City should remain unique. Why would someone want to visit a place that is like so many others? I've talked to many tourists and they have all loved Nevada City for its
being different from other places. Please let us remain a lovely place with history and character.

Joan Girdler Good
From: Candice Stoneff
To: Public Comment
Subject: Seven Hills
Date: Thursday, November 2, 2023 2:22:05 PM
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Subject: Support for Proposition 64 Community Field at Seven Hills School Dear Nevada City City Council Members,
I am writing to advocate for the proper allocation of Proposition 64 grant funds, specifically for the improvement of the field and amenities at Seven Hills School. As a teacher at Seven Hills, with two children attending, I feel that the improvements to the campus are vitally important for the community as a whole.

The discussions on park and field improvements, which began several years ago and are integrated into the Nevada City School District's Facilities Master Plan, reflect our community's commitment to enhancing our recreational spaces. Importantly, this grant has been a result of a collaboration between the city and the school district, a partnership that has the potential to yield substantial community benefits.

The Seven Hills School field serves as a vital community asset, accommodating various sports activities for both our students and residents. However, it is in dire need of revitalization. The proposed project includes:

Field Improvement: Enhancing safety and playability.

Perimeter Walking Track: Promoting physical activity and wellness.

Bathroom Facilities: Ensuring comfort and convenience.

Snack Shack: Supporting athletes and maintenance.

These enhancements serve not only our students but also the broader community, creating a safe and welcoming space for physical activity and gatherings.

I urge you to prioritize this project and allocate the grant funds as originally intended, recognizing the collaborative effort that has gone into its development. Your support will have a profound positive impact on our community and further strengthen the partnership between the city and the school district.

Thank you for your time and attention to this important matter.

Sincerely,
Candice Stoneff
5th Grade Teacher
M.A. Teaching Reading
From: Karen Gobert
To: Public Comment
Subject: Skate park SUPPORT
Date: Friday, November 3, 2023 9:17:31 AM
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Hello. I saw a post today on Facebook asking people to oppose the skate park because skateboarding encourages teen smoking and drinking. I am writing to say that what really encourages troublesome teen behavior is boredom and isolation. The skate park is a great way to provide safe space for kids to be kids. I have seen the GV skatepark used by all ages. It provides and alternative way for kids to get fresh air and exercise, especially kids who are not into competitive sports. Please support the skate park.

Thanks, Karen Gobert
From: Emily Selby
To: Public Comment
Subject: Support for Prop 64
Date: Thursday, November 2, 2023 2:21:08 PM
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Dear Nevada City City Council Members,
I am writing to advocate for the proper allocation of Proposition 64 grant funds, specifically for the improvement of the field and amenities at Seven Hills School.

The discussions on park and field improvements, which began several years ago and are integrated into the Nevada City School District's Facilities Master Plan, reflect our community's commitment to enhancing our recreational spaces. Importantly, this grant has been a result of a collaboration between the city and the school district, a partnership that has the potential to yield substantial community benefits.

The Seven Hills School field serves as a vital community asset, accommodating various sports activities for both our students and residents. However, it is in dire need of revitalization. The proposed project includes:

Field Improvement: Enhancing safety and playability.

Perimeter Walking Track: Promoting physical activity and wellness.

Bathroom Facilities: Ensuring comfort and convenience.

Snack Shack: Supporting athletes and maintenance.

These enhancements serve not only our students but also the broader community, creating a safe and welcoming space for physical activity and gatherings.

I urge you to prioritize this project and allocate the grant funds as originally intended, recognizing the collaborative effort that has gone into its development. Your support will have a profound positive impact on our community and further strengthen the partnership between the city and the school district.

Thank you for your time and attention to this important matter.

Sincerely,
Emily Selby
5th grade teacher
Seven Hills Middle School
From: Michael Malakian
To: Public Comment
Subject: Support for Proposition 64 Community Field at Seven Hills School Date: Thursday, November 2, 2023 2:20:51 PM
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Dear Nevada City City Council Members,
I am writing to advocate for the proper allocation of Proposition 64 grant funds, specifically for the improvement of the field and amenities at Seven Hills School.

The discussions on park and field improvements, which began several years ago and are integrated into the Nevada City School District's Facilities Master Plan, reflect our community's commitment to enhancing our recreational spaces. Importantly, this grant has been a result of a collaboration between the city and the school district, a partnership that has the potential to yield substantial community benefits.

The Seven Hills School field serves as a vital community asset, accommodating various sports activities for both our students and residents. However, it is in dire need of revitalization. The proposed project includes:

Field Improvement: Enhancing safety and playability.

Perimeter Walking Track: Promoting physical activity and wellness.

Bathroom Facilities: Ensuring comfort and convenience.

Snack Shack: Supporting athletes and maintenance.

These enhancements serve not only our students but also the broader community, creating a safe and welcoming space for physical activity and gatherings.

I urge you to prioritize this project and allocate the grant funds as originally intended, recognizing the collaborative effort that has gone into its development. Your support will have a profound positive impact on our community and further strengthen the partnership between the city and the school district.

Thank you for your time and attention to this important matter.

Sincerely,
Michael Malakian
SPED Teacher NCSD
From: Kathy Lockwood
To: Public Comment
Subject: Support for Proposition 64 Community Field at Seven Hills School Date: Friday, November 3, 2023 12:31:14 PM
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November 3, 2023
Dear Nevada City City Council Members,
I am writing to advocate for the proper allocation of Proposition 64 grant funds, specifically for the improvement of the field and amenities at Seven Hills School.

The discussions on park and field improvements, which began several years ago and are integrated into the Nevada City School District's Facilities Master Plan, reflect our community's commitment to enhancing our recreational spaces. Importantly, this grant has been a result of a collaboration between the city and the school district, a partnership that has the potential to yield substantial community benefits.

The Seven Hills School field serves as a vital community asset, accommodating various sports activities for both our students and residents. However, it is in dire need of revitalization. The proposed project includes:

Field Improvement: Enhancing safety and playability.

Perimeter Walking Track: Promoting physical activity and wellness.

Bathroom Facilities: Ensuring comfort and convenience.

Snack Shack: Supporting athletes and maintenance.

These enhancements serve not only our students but also the broader community, creating a safe and welcoming space for physical activity and gatherings.

I urge you to prioritize this project and allocate the grant funds as originally intended, recognizing the collaborative effort that has gone into its development. Your support will have a profound positive impact on our community and further strengthen the partnership between the city and the school district.

Thank you for your time and attention to this important matter.

Sincerely,
Kathy Lockwood
--
Kathy Lockwood
Secretary
Seven Hills Middle School
700 Hoover Ln
Nevada City, CA. 95959
(530) 265-1840 ext. 8102
[email protected]
From: Michael Malakian
To: Public Comment
Subject: Support for Proposition 64 Community Field at Seven Hills School Date: Thursday, November 2, 2023 2:20:51 PM
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Dear Nevada City City Council Members,
I am writing to advocate for the proper allocation of Proposition 64 grant funds, specifically for the improvement of the field and amenities at Seven Hills School.

The discussions on park and field improvements, which began several years ago and are integrated into the Nevada City School District's Facilities Master Plan, reflect our community's commitment to enhancing our recreational spaces. Importantly, this grant has been a result of a collaboration between the city and the school district, a partnership that has the potential to yield substantial community benefits.

The Seven Hills School field serves as a vital community asset, accommodating various sports activities for both our students and residents. However, it is in dire need of revitalization. The proposed project includes:

Field Improvement: Enhancing safety and playability.

Perimeter Walking Track: Promoting physical activity and wellness.

Bathroom Facilities: Ensuring comfort and convenience.

Snack Shack: Supporting athletes and maintenance.

These enhancements serve not only our students but also the broader community, creating a safe and welcoming space for physical activity and gatherings.

I urge you to prioritize this project and allocate the grant funds as originally intended, recognizing the collaborative effort that has gone into its development. Your support will have a profound positive impact on our community and further strengthen the partnership between the city and the school district.

Thank you for your time and attention to this important matter.

Sincerely,
Michael Malakian
SPED Teacher NCSD
From: Kiersten Duerr
To: Public Comment
Subject: Turf field vs skate park
Date: Friday, November 3, 2023 8:53:25 AM
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Hello,
I am writing to oppose the building of a skate park in Nevada City.

Instead I would like to see the Seven Hills Middle School field turned into a sports park for our community.

I oppose this idea for several reasons.

Skate parks promote teen smoking, drinking & drug use, as is evidenced at Condon Park. Why would we create a space for that culture to become pervasive? Why would we spend an enormous amount of money for a select few to enjoy?
As a community we should be promoting inclusive team sports such as volleyball, pickle ball, soccer, softball & baseball. Turf fields create a safe space for inclusive recreation.

Skate parks are also dangerous. Concussions are prevalent bc most kids are unsupervised & not wearing protective gear. Broken bones are also common at skate parks.

Grass Valley has been vastly more successful at creating inclusive recreation space for all ages. Let’s use their example as a model for how we proceed.

Please do not approve funding for this project.

Sincerely,
Kiersten Duerr
From: Kiersten Duerr
To: Public Comment
Subject: Skatepark testimony
Date: Friday, November 3, 2023 4:56:04 PM
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Hello,
I would also like to submit this testimony.

While I was teaching special Ed at Nevada Union HS, I had a student that suffered a concussion from a skateboarding accident.

It left his memory so impaired he hat he was in special education. He still skated at Condon park after school.

This student was also selling weed at Condon skatepark. How do I know? Because he talked about it in my class.

Fortunately he remembered when I told him I’d report him if he said anything like that again.

I think it’s foolhardy to think that there will be funding for a staffed snack counter & expect them to police the park for safety. Schools struggle to do that, & they are the professionals.

It is also foolish to think that nefarious activity will not happen there. It will. It’s tucked back in the woods, what better environment.

Is there a compromise?
Maybe a skatepark, but also pickle ball courts?
The council should not agree to spend a million dollars on something that will not benefit most of its constituents.

Since rely
Kiersten Duerr
From: Allen Poirson
To: Public Comment
Subject: no to internally illuminated signs in Nevada City.

Date: Saturday, November 4, 2023 6:21:02 PM
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Dear Council membersPlease say no to internally illuminated signs in Nevada City.

These ruin the charm of our beautiful Nevada City.

Let the gas lights shine!
Allen Poirson
316 Nevada Street
Voter/resident/taxpayer/owner
From: gregg schiffner
To: Public Comment
Subject: Signage in Nevada City
Date: Sunday, November 5, 2023 11:52:06 AM
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To: The Members of the Nevada City Council
From: Gregg Schiffner
640 Zion Street, NC
Dear Council Members,
Please do not take us back to the 1950’s, an era when lighted signs added visual clutter to our village.

Please vote NO on the idea of allowing internally illuminated in the Historical District.

Thanks for you service.

Sincerely,
Gregg G. Schiffner
Jennifer M. Ray, Ph.D
316 Nevada Street
Nevada City Ca 95959
Phone (916) 284-7408
Dear City Council members
I am writting to express support for the existing ordinance to prevent internally lit signs in Nevada City.

As one of a few people who actually recalls what Nevada City looked like in the 1960’s and 1970’s, I feel very protective of the clean, historic look the town has today without neon signs and telephone wires and with our historic gas lights. We must preserve this.

It is charming and makes the town attractive and appealing which is good for business and residents.

It pains me when new merchants come to the area, love it and then think the standards we have worked hard to put in place don’t apply to them. Allowing some to get away with internally lit signs when the vast majority of our merchants comply sets a bad precedent.

We need some leadership here and we need enforcement of our existing ordinance.

No business is disadvantaged by the absense of neon nights when no business is allowed to have them. Same rules apply to all. Period. NO exceptions.

Please do the right thing and stand up for one of the factors that keeps Nevada City unique and beautiful.

Sincerely,
Jennifer M. Ray Ph.D.,
Former council member and mayor
From: dennis lear
To: Public Comment
Subject: Lighted signs
Date: Monday, November 6, 2023 6:54:07 AM
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Please continue the ban on internal lighted signs, there is no need for these signs. We already have too much light at night.

Sincerely Dennis Lear
Sent from Yahoo Mail on Android
From: [email protected]
To: Public Comment
Subject: Please say no to internally illuminated signs in Nevada City.

Date: Monday, November 6, 2023 7:00:36 AM
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Please say no to internally illuminated signs in Nevada City.

They have not been allowed in the past.

Let’s keep it that way.

Vote Yes on the Sign Lighting Limits Ordinance 2023-8.

Sincerely,
Wayne Teague
48 year Nevada Co./GV/NC resident
From: hmeals
To: Public Comment
Subject: Sign Lighting Ordinance
Date: Monday, November 6, 2023 7:09:01 AM
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I can’t understand why a town with wonderful architecture would want to opt for “cute" and twinkly lighting. That’s what malls are for.

I vote Yes on the Sign Lighting Limits Ordinance 2023-8.

Hank Meals
223 Bridge Street
Nevada City, CA 95959
From: Margaret Munson
To: Public Comment
Subject: signs
Date: Monday, November 6, 2023 7:27:59 AM
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Illuminated signs should be prohibited in Nevada city. They destroy the historic ambiance.

From: Miriam Morris
To: Public Comment
Subject: Public comment, Item 14, modification of prop 64 grant and artificial turf Date: Monday, November 6, 2023 9:41:47 AM
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Dear Council,
Within the packet information for Item 14, modification of the Prop 64 grant, is a mention of a future conversion for a ball field at one of Nevada City public schools. I do not know if this means artificial turf or not.

Could Nevada City officially recognize artificial turf is contrary to what most Nevada City residents want and is against many of the stated strategic plan goals?
The entire nation is moving away from artificial turf installations, except for those municipalities like Grass Valley, that allow themselves to be sold down that path by savvy salespeople.

Please, let’s unequivocally state “No artificial turf fields allowed in Nevada City” as official policy.

My other concern with this item is it seems the monies promised the school district were shifted for another purpose without properly engaging the district in the decision.

I have read through the grant materials and see no requirement for a new amenity. Rehabilitation of an existing field seems quite compatible with the grant requirements. Trying to modify terms of the grant against the will of the original partners probably won’t work. It would be a shame to lose out on $1 million for the schools.

Thank you for your consideration,
Miriam Morris
From: Eileen Jorgensen
To: Public Comment
Subject: Neon Lights in the Downtown:JUST SAY NO
Date: Monday, November 6, 2023 11:22:41 AM
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Thank you for your service to our community!
As an founder of the Windows on History Photo Display that is mounted every year for 16 years,and a long time retailer in the downtown, I read the wonderful report from Bill Weatherall sharing the long process involved in reaching agreement on The Historic Ordinance.

I asked Stuart to post it on the Chamber's web site as it is a look into the thoughtful and persistent determination of a handful of locals in the 1960 to assure the viability of Nevada City for years to come:
maintaining Mode Lode architecture was key as well as getting rid of electric lines and all neon sign in the Historic District. Don't we all love the gas lights: let them light up our town!
We have enjoyed success because of their vision: please do not waver and allow electric signs in our downtown. The future of the downtown depends on your steadfastness now.

Thank you.

I cannot attend but I am rooting for NO NEONS to win the day! Eileen Jorgensen
The Magic Carpet
408 Broad St NC
since 1980!!!
From: Joan Gunter
To: Public Comment
Date: Monday, November 6, 2023 12:43:43 PM
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I say no on illuminated signs!
Sent from my REVVL 4+
From: marjie
To: Public Comment
Subject: NO on Illuminated Signs
Date: Monday, November 6, 2023 2:42:44 PM
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Please continue an important part of Nevada City, to remain HISTORICAL, by NOT allowing Illuminated/neon signs, which were not present when Nevada City 'came alive' ! Thank you.

Sent from my Galaxy

750 Lindley Ave.

Nevada City, CA
November 6, 2023
Nevada City Council
Nevada City, CA 95959
RE: Ordinance 2023-8
Council Persons:

Please protect the integrity of the historical district by keeping present policies regarding lighting in place.

In a world of plazas and over-the- top advertising efforts, let’s keep Nevada City, authentic and unique—a place to go for a different experience.

Sincerely,
Nancy Weber

From: Pamela Meek
To: Public Comment
Subject: Lighting ordinance
Date: Tuesday, November 7, 2023 9:28:26 AM
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November 7, 2023
Dear City Council Members of Nevada City,
Along with so many residents, both long time and newer, I wish to join in encouraging the City Council to abide by the time honored restriction of internally lit signage in our historic district and city limits. Taking the time to clarify, justify and strengthen the wording that currently exists will be time worth spending. Staying true to our strong beliefs and unique guardianship of history has served this town well. Nevada City is cited for this repeatedly by publications nationwide.

Thank you for your service and consideration.

Pamela Meek
526 Nevada Street
Nevada City, CA 95959
PAMELA
From: Larry M
To: Public Comment
Subject: Historic District Lighting
Date: Tuesday, November 7, 2023 9:32:54 AM
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Nevada City Council Members,
Please consider this note as support for continuing the restriction on internally lit lighting in the historic district of Nevada City's historic district and city limits.

Larry Meek
526 Nevada St, Nevada City, CA 95959,
From: Linda Hartman
To: Public Comment
Subject: Restriction of Internal Lighting
Date: Tuesday, November 7, 2023 4:14:08 PM
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I am a Nevada City resident and I support upholding the ordinance on restricting internal lighting in Nevada City. Thank you.

Linda Hartman
Sent from my iPad

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