2 Please note whether your event includes any of the following. If any apply, attach details. ___ Amplified sound ___ Concessions ___ Food Vendors
___ Stages/Platforms ___ Food Cooking ___ Alcohol sales ___ Tents/Temporary Structures ___ Animals will be present ___ Temporary Lighting
APPLICANT INFORMATION
Sponsoring Organization/Company
Name of Applicant/Responsible Party
Street Address Apt/Unit/Suite
City State Zip Code
Email
Daytime Phone Cell Phone
Does the sponsoring organization have experience producing similar events? Yes / No (Circle One)
Event Contact for Public Information
Name Contact Phone
Email
Website
Day of Event Contact Information
On-site Contact Name
On-site Contact Cell Number
Day of Event ALTERNATE Contact Information
On-site Contact Name
On-site Contact Cell Number
3 APPLICATION FEES
The City requires the payment of a non-refundable application fee upon submission of your completed application. Late fees apply to applications filed less than 90 days in advance of an event. The City does not guarantee any application submitted less than 45 days in advance will be able to be submitted to the City Council for consideration prior to the planned event. Please select from the following table the fee(s) that apply to your application:
$100 Timely application for single new event OR old event with new sponsor $50 Timely application for repeat of event with same sponsor $25 For each additional application for new event by the same sponsor $10 For each additional application for repeat of event with same sponsor $75 Additional fee for applications filed less than 90 days in advance of an event $100 Rental Fee for Robinson Plaza or Calanan Park
$100 Cleaning Deposit for use of Robinson Plaza or Calanan Park ______$500 Additional refundable security deposit, (if applicable), payable to the City of Nevada City, is to be paid to the cashier by cash, personal/business check, money order or cashier’s check, for costs associated with city staff and/or extraordinary police services and/or costs of damages to public facilities that may be associated and reasonably foreseen with such event.
$ Total Fees
APPLICANT AUTHORIZATION AND INDEMNITY
To the extent allowed by law, Applicant agrees to defend, indemnify, and hold harmless the City of Nevada City, its agents, officials, and employees from and against all claims, damages, losses, injuries, illness, accidents relating to, arising out of, or resulting from, the use of this Special Event Application and the information contained therein, and any resulting Contract.
Applicant acknowledges that the information provided in this Application is true and accurate to the best of Applicant’s knowledge and belief.
I have read, understand and agree to comply with all the information provided in the Special Event Application (attached) and any resulting permits and Special Event Contract if approved by the City Council.
Signature of Applicant/Responsible Party Date
4 [PAGE LEFT BLANK INTENTIONALLY]
1 OVERVIEW
Thank you for choosing the City of Nevada City as the location for your event. Special events such as fairs, carnivals, rallies/races, festivals, public dances, shows, concerts are an important role in the life of a healthy and vibrant community. However, such events may have a negative effect on surrounding residents and businesses if they are not planned appropriately. The purpose of the special event permitting process is to ensure that there are adequate measures for security, traffic control, crowd control, parking and other health and safety impacts related to a special event. “Special Event” means, for the purposes of this requirement, any activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed and is characterized by any of the following:
1. Requires city services to ensure compliance with state or local laws; for example, temporary licenses issued by the California Department of Alcoholic Beverage Control, or temporary structure permits;
2. Involves use of city owned or managed property such as public streets, sidewalks, alley, parking lots, plazas or other city owned or managed open spaces;
3. Involves closure, or partial closure, of any public right-of-way, or requires traffic control procedures necessitating the involvement of police or street maintenance personnel;
4. Impairs emergency vehicle access;
5. Requires extraordinary police services in order to protect public safety, health, and/or welfare;
6. Results in impacts to adjacent public or private property because of, for example, the use of live or amplified entertainment or the anticipated impacts on parking.
Exclusions. The following activities shall not be considered a "special event" within the meaning of this chapter and therefore they do not require a special event permit:
A. An event sponsored by the city.
B. An event held at a city facility pursuant to a facility rental agreement and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
C. An event held in a private residence where no admission is charged, the event is not open or advertised to the public, and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
D. An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests) and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
CITY OF NEVADA CITY
SPECIAL EVENT GUIDELINES
2 E. Events sponsored by religious entities held in the religious entity's facility that only members by permission attend and it is reasonably foreseeable in the opinion of the chief of police that no extraordinary police services are required;
F. Events that are authorized by and consistent with existing use permits and licenses governing the establishment, unless that person, entity, or business holds an event that, in the opinion of the chief of police, will foreseeably result in impacts on public safety, health, welfare, and police resources; and
G. Any entertainment for which other special permits have been obtained, such as, but not limited to, parade permits, dance permits, use permits, and short-term encroachment permits and it is reasonably foreseeable that no extraordinary police services will be required.
The City requires the submittal of a Special Event Application as a pre-condition of considering whether to enter into an agreement to grant a permit for the event or to allow temporary use of all or any portion of a public street, sidewalk, alley, parking lot, plaza or other city owned or managed open space.
Application materials must be completed in full and submitted to the City at least 90 days prior to your event date, and no more than one year in advance of the event date. Applications are accepted on a first-come, first-served basis. A non-refundable application fee must be paid upon submission of your completed application. Use “NA” for “not applicable” to questions or sections that do not apply to your event. Incomplete applications will not be accepted and will delay processing which could affect the availability of your preferred event date or location. Please note the information you provide becomes public information.
City staff will review the Application/Contract. Notes from Police, Fire, Public Works and Parks & Recreation will be presented to City Council for consideration. City Council approves or disapproves your Application/Contract at a formal noticed public meeting. Applicants are strongly encouraged to attend the designated City Council meeting in order to discuss their proposed event and answer related questions. Please ensure you have City Council approval before marketing or advertising your event.
EVENT REQUIREMENTS
Alcohol. If alcohol is sold at your event, an Alcohol Permit from California Alcohol Beverage Control (ABC) is required. Please contact ABC at (916) 419-1319.
Amplified Sound. If the event will have amplified sound, applicant is required to have an event staff member responsible for monitoring sound levels to assure compliance with City noise standards when sound/music/noise may be audible beyond the event venue.
Business License. All vendors participating in an event held in Nevada City must obtain a current business license. For information about business license requirements, call City Hall at (530) 265-2496 x100.
Form of Payment. The City accepts payment in the form of cash, personal/business check, money order or cashier’s check. Please note there will be a $25 service charge for all returned checks.
Insurance. The applicant and/or the sponsoring organization is required to provide proof of insurance. A current or valid Certificate of General Liability Insurance in the amount of $1,000,000 and an 3 endorsement (CG2026 or equivalent) naming the City of Nevada City as additional insured will be required at least 30 days prior to the event.
Event Notification. An event can change the normal flow of residential and business activity potentially causing a negative impact on the community. As the event organizer, you are responsible for notifying those residents and businesses that are adjacent to the planned closure prior to submission of your Application. Applicants must meet the Event Notification requirements unless the event is sponsored by the Nevada City Chamber of Commerce or has been approved and held annually in the same manner for three or more years. The preferred method of notification is the Requested Special Event Notification Form (Addendum A). Unless otherwise exempt, your application materials must include a signed Notification Certification (Addendum B) confirming adjacent residents and businesses were notified of the planned event.
Parking. Applicants will be required to work with the Nevada City Police Department to facilitate ingress/egress requirements for event participants.
Restrooms. Public restrooms are limited to two for downtown events, one at Robinson Plaza and one in the Commercial Street parking lot. If your event is planned for more than 50 people or in an area away from either public restroom, you may be required to provide restroom accommodations and hand washing facilities for event attendees in the quantity prescribed by the City.
Waste Management/Recycling. You are responsible for properly disposing of all waste and garbage throughout the term of your event, and immediately upon conclusion of the event the area must be returned to a clean condition. Therefore, the City may require the applicant to provide trash and recycling containers if the event involves food or drink vendors. Should cleanup be inadequate or damage to City property occurs, you will be billed at full recovery rates, plus overhead for cleanup and repair.
Runs/Walks/Bicycle. If you put chalk, stickers or other directional markings on streets, sidewalks or trails, these markings must all be removed at the end of your event.
CHECKLIST
Before you submit your application to the City of Nevada City, please make sure you have completed the following steps:
___ Sign AND date your Application/Contract.
___ Attach a detailed event description and additional information as needed ___ Secure required insurance for the event.
___ Include a Notification Certification (Addendum B) confirming businesses and residents have been notified of the planned event.
___ Calculate and include the applicable fee.
Submit your completed application to:
City of Nevada City, Attn. Special Event Applications, 317 Broad Street, Nevada City, CA 95959 4 Addendum A – Requested Street Closure/Special Event Notification Form PLEASE NOTE. You have received this notification because your property/business is located adjacent to a requested temporary street, sidewalk or alley closure that is subject to City Council approval at a future City Council meeting. Please monitor future City Council agendas for consideration of the following request.
STREET CLOSURE/SPECIAL EVENT INFORMATION
Type of Event (Check all that apply)
___ Parade/Procession ___ Concert/Show/Public Dance
___ Run/Walk/Bicycle ___ Other: _________________________________ ___ Street Festival/Block Party
___ Fundraiser
Event Name/Description
Event Date(s) Expected Attendance
Event Hours Start End
Set-up Date Time
Break Down Date Time
Names of street(s), sidewalk(s), alley(s) proposed to be closed:
between &
between &
between &
between &
between &
Sponsoring Organization
Event Contact Phone Number
Event Website
5 Addendum B – Notification Certification
EVENT INFORMATION
Sponsoring Organization
Event Name
Event Date(s)
Event Location
Signature of Sponsor or Authorized Representative
I acknowledge I am responsible for providing notice of my requested event to all adjacent residents and businesses and certify that the entities listed below have been notified of the requested event.
Name (printed)
Signature
Name/Business Address Method of Notification
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
[Attach additional pages as needed]
Nevada City Special Event Permit - NCFM 2024 Description Event Description: The Nevada City Farmers Market is an open air farmers market in downtown Nevada City. It showcases local agricultural producers, food purveyors, artisans and non-profits in our region. Every Saturday from April - December, Union Street transforms into a bustling outdoor marketplace that attracts visitors from all across the state. The Market is open to the public and kid/family friendly. It is publicized widely across many mediums including but not limited to: radio, community calendars, social media, local newspapers, food and agricultural magazines and more. We operate rain or shine.
Amplified Sound: There is a 10x10 tent in Robinson Plaza in front of the Pelton Wheel that serves as our “stage” which includes (2) raised speakers and mixing board. The sound level is monitored by the Market Managers and Music Coordinator who are on site at all times during market.
Concessions/Food Cooking/Food vendors: They are permitted and inspected by Environmental Health.
Tents: All vendors use 10x10 easy ups.
Three Forks Parking lot
Side walk Commercial Street
11A
11A 12A 12A
9A 9A 10A 10A
Broad
Street
Side walk Calanan Park
7A 7A 8A 8A
DA Office Building
5A 5A 6A 6A
3A 3A 4A 4A
1A 1A 2A 2A
2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 2 4 6 8 10 12 14 16 18 20 26 28 30 32 34 36 38 Market Booth cros
s wal
k
Intersection of Union,
Commercial, Main and Coyote no pets
sign Union Street more vendors sign Union Street
no pets
sign
1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 Businesses
driveway to garage
Trash
chamber
Robinson Plaza
harmony
books
music 1P
trash
garage Food Purveyor AG NonProfit
restrooms
To whom it may concern,
The 2024 Nevada City Farmers Market Summer Season will take place every Saturday starting April 13th until December 21st and will be open to the public from 8:30am - 1pm, rain or shine. Union street will need to be closed from 5:30am - 2pm to include time for setup and breakdown.
Our mission is to enhance the quality of life and economic resilience of our community by providing access to high quality, locally grown products; to support regional, sustainable producers through direct access to consumers; to create a community meeting place and to foster consumer education.
All information contained in our application to the city is true and correct to the best of our abilities. There are no changes regarding market procedures or setup compared to previous years.
We require use of Robinson Plaza for our music stage and sitting area. We will be monitoring the sound levels every Saturday to ensure we are within the city sound requirements.
We require use of (8) city barricades to close off the street to traffic in the morning.
Thank you for your consideration and dedication to our special town. We look forward to serving you and our community for the 16th year as the most vibrant and sustainably minded farmers market in our county.
Sincerely,
NCFM Market Managers and Board of Directors
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 14, 2024 Agenda Item No. 08
Subject: Conduct a Public Hearing in Consideration of
Ordinance 2024-01: An Ordinance of the City Council of the City of Nevada City, State of California Adding Chapter 2.55 (“Design Immunity for Public Projects”) of Title 2
(“Administration and Personnel”) to the City of Nevada City Municipal Code Pertaining to Design Immunity for Public Projects and Finding This Action to be Exempt from CEQA.
From: Sean Grayson, City Manager
Date: September 6, 2023
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Hold first reading, waive reading of Ordinance in its entirety, read by title only, and schedule for second reading and adoption February 28, 2024.
ISSUE STATEMENT AND DISCUSSION:
When projects are authorized to be advertised or bids are awarded by the City Council, language is typically included in the City Council action to approve plans and specifications. There are situations where the City Council does not approve plans and specifications, such as small projects, or there are change orders during construction. These situations would benefit from the ability of the City to respond quickly, without having to bring the matter before the City Council at a noticed public hearing.
Government Code Section 830.6 provides public agencies with a design immunity defense for any public works projects designed and constructed by the public agency, provided that the design was approved in advance of the construction by the agency’s legislative body or by an employee authorized by the legislative body to give such design approval. The Public Works Director and/or City Engineer have the technical background to review and oversee public works projects, and approve the design, and plans and specifications. If the City Council desires to authorize the Public Works Director and/or City Engineer to exercise design approval authority, staff recommends that to ensure the City retains the design immunity protection afforded by state law, the City Council codify the delegation in the City’s Municipal Code.
It is important to note that proposed Ordinance 2024-01 does not in any way impact or change the City Council’s discretionary authority to approve projects and appropriate project funding pursuant to other applicable City policies and procedures. The ordinance also does not circumvent other established project design review and approval processes.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
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 2024-01
ORDINANCE NO. 2024-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA ADDING CHAPTER 2.55 (“DESIGN IMMUNITY FOR PUBLIC PROJECTS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) TO THE CITY OF NEVADA CITY
MUNICIPAL CODE PERTAINING TO DESIGN IMMUNITY FOR PUBLIC PROJECTS AND
FINDING THIS ACTION TO BE EXEMPT FROM CEQA
WHEREAS, the City desires to add Chapter 2.55 to aid in the proper documentation of the approval of public works projects, particularly roadway design, to preserve design immunity.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Nevada City:
SECTION 1. Municipal Code Amendment. A new Chapter 2.55, to be entitled “DESIGN IMMUNITY FOR PUBLIC PROJECTS” of the Nevada City Municipal Code is hereby created to provide as follows:
“The Public Works Director and City Engineer are authorized to approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6, for all public projects approved by the City Manager pursuant to Chapter 2.08.
Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6.”
SECTION 2: Environmental Determination: The City Council hereby finds and declares that this Ordinance is exempt from California Environmental Quality Act (CEQA) review pursuant to the CEQA guidelines, including §15378(b)(5) as an organizational or administrative governmental activity that will not result in direct or indirect physical changes to the environment, and §15060(c)(2) as an activity that does not create a potential for direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3: 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.
PASSED AND ADOPTED at a regularly scheduled meeting of the City Council of Nevada City held this 14th day of February 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Daniela Fernández, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 14, 2024 Agenda Item No. 09
Subject: Consideration of Resolution 2024-04: A Resolution of the City Council of the City of Nevada City, State of California Establishing a Nevada City Courthouse Ad Hoc Committee.
From: Sean Grayson, City Manager
Date: February 9, 2024
Reviewed & Approved:
City Manager:
City Attorney:
Recommended Action: Adopt the resolution.
ISSUE STATEMENT AND DISCUSSION:
The Judicial Council of California (JCC) has approved and obtained initial funds for the relocation of the existing Nevada City Courthouse to a new location over the next five to seven years. The JCC is currently in the land acquisition phase of the project and is seeking to identify properties that may work, grade them relative to the needs of the project, and ultimately recommend a site for purchase. The JCC hosts a Public Advisory Group (PAG) which the City Manager, the Mayor, and other staff attend as needed. The PAG is the designated interface for the JCC, but it does not include any direct public consideration from Nevada City stakeholders.
The City has worked through this process at least twice before in 2009 and 2019. In both instances a committee was formed to include city staff, an elected official and a community member to assist in the ensuring that the sentiments of Nevada City stakeholders are included in the process. The City Council’s direction has been for staff to work to ensure that the new courthouse is located within the incorporated boundaries of the City of Nevada City and to work to ensure site selection is consistent with existing city initiatives and aligned with the General Plan and other foundation documents.
The committee membership is recommended to include Councilmember Doug Fleming, the City Manager, the City Engineer, and former councilmember and previous committee chair Paul Matson. Additional staff may be assigned by the City Manager to liaise with the committee. The County of Nevada has assigned a representative from the CEO’s office to attend meetings for regional collaboration purposes and due to the overlapping interests of the city and county in the exiting building and site of the future building.
Adopting Resolution 2024-04 will approve the committee and its membership. The committee’s purpose is to provide input to the City Manager and make recommendations to the City Council with regard to the land acquisition phase for the Nevada City Courthouse. The committee will meet as need until a site has been selected and approved by the JCC unless disbanded by the City Council or found to not be required to serve the interests of the city. The committee will be subject to the Brown Act and related open meeting requirements.
FINANCIAL AND/OR POLICY IMPLICATIONS:
None.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Resolution 2024-04
RESOLUTION NO. 2024-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE
OF CALIFORNIA ESTABLISHING A NEVADA CITY FIRE COURTHOUSE AD HOC
COMMITTEE
WHEREAS, the City of Nevada City has invested in the location and relocation of the Nevada City Council since the mid-19th century; and
WHEREAS, the Judicial Council of California (JCC) has approved and obtained initial funds for the relocation of the existing Nevada City Courthouse to a new location over the next five to seven years; and
WHEREAS, the City has worked through this process at least twice before in 2009 and 2019. In both instances a committee was formed to include city staff, an elected official and a community member to assist in the ensuring that the sentiments of Nevada City stakeholders are included in the process; and
WHEREAS, the City desires to again create a Nevada City Courthouse Ad Hoc committee to address community input on the sites to be considered for the courthouse relocation;
NOW THEREFORE, BE IT RESOLVED, the City Council of Nevada City does hereby resolve, determine and order as follows:
Section 1. An ad hoc Nevada City Courthouse Committee is hereby established.
Section 2. The Committee will be comprised of four (4) members consisting of Councilmember Fleming, the City Manager, the City Engineer, and Mr. Paul Matson serving at the at-large community member having twice served on similar committees in 2009 and 2019. The term of the committee will be until the site for the new courthouse has been selected.
Section 3. The purpose of the Committee shall be is to provide input to the City Manager and make recommendations to the City Council with regard to the land acquisition phase for the Nevada City Courthouse..
Section 5. The committee shall meet as needed but generally at least once per month. All committee meetings shall be noticed and conducted in accordance with the Brown Act.
Section 5. The committee shall provide updates to City Manager and City Council on a quarterly basis regarding committee activity, unless the committee needs Council approval for any suggested projects before the next quarterly update.
PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 14th day of February 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
Daniela Fernández, Mayor
ATTEST:
Niel Locke, City Clerk
CITY OF NEVADA CITY
CITY COUNCIL STAFF REPORT
MEETING OF: February 15th 2024 Agenda Item No. 10
Subject: Consideration of Adopting the Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan.
From: Sean Grayson, City Manager
Evan McLenithan, Risk Reduction Officer
Date: January 16, 2024
Reviewed & Approved: STG
Recommended Action: Adopt the plan.
ISSUE STATEMENT AND DISCUSSION:
This action presents the Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan and requests the City Council adopt the plan and approve the funding within it. The plan is intended to provide immediate funding for priority activities needed to make Nevada City Safer from Wildfire aligned with existing planning efforts and as a precursor to the broader Nevada City Wildfire Prevention and Mitigation Program to be adopted and implemented with the City’s fiscal year 2024/2025 annual budget.
On November 9, 2022, the City Council adopted the City’s first community-driven strategic plan. The strategic plan includes the strategic initiative of, “FIRE: Wildfire and structural fire prevention, mitigation, and education.” The City’s fiscal year 2023/2024 budget includes funding for a Community Risk Reduction Officer to staff the Nevada City Office of Emergency Services and a Proposition 64 grant funded fire fuels equipment operator in order to begin to address the needs of the community as identified toward being Safer from Wildfire. The City’s five-year Capital Improvement Program (CIP) identifies more than $400,000 in unfunded activities in support of defensible space, vegetation management, road hardening, and other wildfire mitigation related activities.
On November 8, 2023, the City Council submitted a special transactions and use tax to be considered by voters on the March 5, 2024 ballot. The tax, identified as “Measure C” by the Nevada County Elections Registrar of Voters, would fund the City’s Wildfire Prevention and Mitigation Program with an anticipated revenue of $900,000 annually.
The Nevada City Fire Safety Advisory Committee has developed, and the City Council has adopted, the committee’s Nevada City Wildfire Prevention and Mitigation Plan. The plan identifies prioritized action that the committee recommends for implementation consistent with the needs of the community to be Safer from Wildfire and aligned with the strategic plan. The Nevada City Wildfire Prevention and Mitigation Plan is aligned with but independent of the City’s Wildfire Prevention and Mitigation Program tax which is “Measure C” on the March 5, 2024 election ballot. The Nevada City Wildfire Prevention and Mitigation Plan identifies eight (8) Critical first steps that are informed by twenty-two (22) actions within five action areas assigned within one of three strategic areas:
• Public Safety
• Vegetation Management and Home Hardening (Fuels)
• Community Engagement and Education
If “Measure C” receives a 2/3 or greater vote it will go into effect the 10th day following adoption by the voters. Sales tax is remitted on a quarterly basis. The City would not receive any funds in fiscal year 2023/2024 should the tax pass and would not anticipate receiving its first full year of revenue until 2025.
In order to meet the needs of the strategic plan, the CIP, the Nevada City Wildfire Prevention and Mitigation Plan, and the overall policy direction of the City Council toward the mandate of making Nevada City Safer from Wildfire staff proposes the Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan for adoption and funding within the fiscal year 2023/2024 budget.
Some of the actions in this Accelerator Funding Plan will be accomplished through the work of existing positions while some of the actions required new budget authorization. All of the priority actions from the Fire Safety Advisory’s this Nevada City Wildfire Prevention and Mitigation Plan are included in the Accelerator Funding Plan. The Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan essentially seeks to begin the requisite work already planned for or underway as well as the actions of the committee’s Nevada City Wildfire Prevention and Mitigation Plan immediately and through July 1, 2024, the beginning of the city’s fiscal year 2024/2025 budget. The accelerator funding plan proposes $70,000 of new expenditures that would fund support, implement and fund the following:
Update Requisite Plans ($40,000)
• Create a Nevada City specific Community Wildfire Protection Plan (CWPP) • Update the Nevada City and Nevada County Local Hazard Mitigation Plan (LHMP) Implement Microgrant Programs ($20,000)
• Implement the previously approved Home Hardening Microgrant Program • Implement a Microgrant Program to support the development of new Firewise Communities or to support projects for existing Firewise Communities.
Implement Actions of the Nevada City Wildfire Prevention and Mitigation Plan ($10,000) Plan actions that have specific additional costs through July 1, 2024, include:
• PS.E.1 Engage internal and external fire and law enforcement agencies to identify evacuation bottlenecks, routes, and shelter-in-place locations.
• FM.V.4 Provide green waste disposal / drop-off access for the entire community. o Implement recurring community chipping activities.
If approved this plan will be presented to the Nevada City Fire Safety Advisory Committee on February 15, 2024, for the committee’s input on implementation.
FINANCIAL AND/OR POLICY IMPLICATIONS:
The plan includes $70,000 in funding requests utilizing American Rescue Plan Act (ARPA) funds that are assigned for this purpose. If the plan is approved the funds will be appropriated in the 2023/2024 midyear budget on February 28, 2024. There are no additional general fund appropriations included in this action.
STRATEGIC PLAN ALIGNMENT:
This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders. This action is aligned with the strategic initiative of Fire: Wildfire and structural fire prevention, mitigation, and education.
ENVIRONMENTAL CONSIDERATIONS:
Not applicable.
LEGAL REVIEW:
City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.
ATTACHMENTS:
Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan · City Hall · 317 Broad Street · Nevada City, California 95959 · · Phone: (530) 265-2496 · Website: NevadaCityCA.Gov ·
City of Nevada City
Nevada City Wildfire Prevention and Mitigation
Program Accelerator Funding Plan
DRAFT FOR CITY COUNCIL CONSIDERATION
February 14, 2024
SUMMARY OF PLAN
This document presents the Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan. This plan is intended to provide immediate funding for priority activities needed to make Nevada City Safer from Wildfire aligned with existing planning efforts and as a precursor to the broader Nevada City Wildfire Prevention and Mitigation Program to be adopted and implemented with the City’s fiscal year 2024/2025 annual budget.
NEVADA CITY 2022-2027 STRATEGIC PLAN
On November 9, 2022, the City Council adopted the City’s first community-driven strategic plan. The process that led to the formation and adoption of the plan included input from a broad group of stakeholders. Wildfire was the most frequent response in the category of “Threats” to the City and similarly Wildfire was the most frequently identified action area for the City to undertake among survey and workshop participants. The strategic plan includes the strategic initiative of:
Wildfire and structural fire prevention, mitigation, and education GOALS
1. Conduct annual inspections of all parcels and businesses for compliance with fire related ordinances and provide education and enforcement to achieve compliance
2. Assess community needs for achieving compliance with fire related ordinances to include plans for private property fuels mitigation, green waste hauling, and related activities
3. Develop programs to address the community needs for fuels mitigation and consider the development of low-income and access and functional needs programs supportive of compliance with the City’s existing vegetation management ordinance requirements
4. Engage the community through the Fire Safety Advisory Committee providing direct and routine outreach to the community including local Firewise groups
5. Develop implementation strategies for the MOU for Fire Prevention and Mitigation between the City and Nevada County should Measure V pass and go into effect in 2023
6. Pursue the development of a Countywide Community Wildfire Protection Plan (CWPP) with a Nevada City specific annex
7. Evaluate the need for and benefits of an Urban Forestry Plan for the City
8. Provide community outreach and education on and complete functional exercises of emergency evacuation routes
9. Actively pursue grants for a wide array of fire related activities including prevention, education, mitigation, response and recovery
NEVADA CITY FISCAL YEAR 2023/2024 BUDGET
The City’s fiscal year 2023/2024 budget began July 1, 2023 and included funding for a Community Risk Reduction Officer to staff the Nevada City Office of Emergency Services in order to begin to address the needs of the community as identified toward being Safer from Wildfire. In conjunction with the City’s fiscal year 2023/2024 annual budget the City, for the first time, adopted a five-year Capital Improvement Program (CIP). The CIP includes unfunded activities in support of defensible space, vegetation management, road hardening, and other wildfire mitigation related activities. The CIP includes more than $400,000 of annual maintenance cost that is deferred for these activities.
Also, within the City’s fiscal year 2023/2024 budget is a fire fuels equipment operator position which is funded for five years under the Proposition 64 Cohort 3 grant and focused beginning the highest priority activities currently being deferred.
MEASURE C TAX (2024)
On November 8, 2023, the City Council submitted a special transactions and use tax to be considered by voters on the March 5, 2024 ballot. The tax, identified as “Measure C” by the Nevada County Elections Registrar of Voters, would fund the City’s Wildfire Prevention and Mitigation Program. The proposed tax is a 0.5% special sales tax (requiring a 2/3 voter approval) tax anticipated to generate $900,000 in annual revenue. The proposed tax has a five-year sunset and an oversight committee. The specific uses of the tax include, Activities and services designed to prevent wildfires and mitigate wildfire risks, such as:
(i) reducing flammable vegetation throughout the City,
(ii) designating, improving, maintaining and expanding emergency evacuation routes and refuge areas, and conducting evacuation training,
(iii) providing education, outreach, grant funding, and community training on wildfire prevention and building/home hardening,
(iv) developing and implementing enhanced community-oriented defensible space inspection practices,
(v) establishing and maintaining emergency communications and early warning systems, and (vi) seeking outside grants for the above.
Draft Budget and Action Item Groups
The fiscal year 2023/2024 budget already includes $250,000 toward advancing Safer from Wildfire initiatives including the positions of Community Risk Reduction Officer and fire equipment operator, and various equipment. The net of the $900,000 anticipated to be generated by Measure C and the existing budgeted funding provides the total $1,1,50,000 Nevada City Wildfire Prevention and Mitigation Program.
The list below provides the draft budget by action item groups for the program.
Actionable Item Cost
City property defensible space and fuels maintenance $450,000 Roadside hardening $50,000
Evacuation route planning, maintenance, and signage $20,000 Emergency siren installation and maintenance $15,000
Education and outreach $150,000
Firewise Community microgrants $50,000
Curbside green waste program $50,000
Home hardening grants $100,000
Maintenance of Plans (CWPP, Action Plan, Urban Forestry) $50,000 Grant writing and grant matching $100,000
Creation and maintenance of temporary refuge areas $10,000 Functional evacuation exercises $5,000
Private property partnership project grants $100,000
Total $1,150,000
NEVADA CITY FIRE SAFETY ADVISORY COMMITTEE
The City has a Fire Safety Advisory Committee with two City Councilmembers and five community members appointed by the City Council, three participating (non-voting) members, and staff liaisons.
The committee’s scope is, “To promote public fire safety and community involvement to protect Nevada City residents, business owners, visitors, and structures from wildfire. Establish objectives to support overall vegetation management and wildfire mitigation, identify funding sources, and promote public education and awareness.”
Staff has worked with the committee to advance the Fire Strategic Initiative, specifically Goal #6, “Pursue the development of a Countywide Community Wildfire Protection Plan (CWPP) with a Nevada City specific annex”. The County of Nevada has partnered with the City on hazard assessment and the City will be integrating into the current county process for risk assessment. The committee will be the point of public connection and host community meetings needed to develop the Nevada City specific CWPP.
On January 24, 2024 the City Council approved a Home Hardening Microgrant program for the City upon the recommendation of the program by the committee. The program, as approved, makes $100 available for up to 100 homes to complete basic ember entry prevention activities including screening, door sweeps, and the filling of void spaces with non-combustible material.
The committee has developed, and the City Council has adopted, the committee’s Nevada City Wildfire Prevention and Mitigation Plan. The plan identifies prioritized action that the committee recommends for implementation consistent with the needs of the community to be Safer from Wildfire and aligned with the strategic plan. The Nevada City Wildfire Prevention and Mitigation Plan is aligned with but independent of the City’s Wildfire Prevention and Mitigation Program tax which is “Measure C” on the March 5, 2024 election ballot.
NEVADA CITY WILDFIRE PREVENTION AND MITIGATION PLAN
The Nevada City Wildfire Prevention and Mitigation Plan identifies eight (8) Critical first steps:
• Begin working on an Evacuation and Safe Shelter Plan with the City providing leadership and technical support.
• Initiate engagement with Firewise Communities and neighborhoods to assist in Evacuation Planning. • Place a dedicated tax initiative on the March 5, 2024, ballot. • Engage the City’s grant writers to submit applications for grant funding which could support specific items of this plan.
• Use mid-year budget process (February 2024) to identify possible funding to support the plan’s implementation.
• Fill the Program Manager position to provide leadership for successful plan implementation. • Identify programs in which City participation could influence the cost of homeowners’ fire insurance. • Develop an Urban Forestry Plan (with Ordinance) for the City that protects heritage trees and encourages planting and maintenance of fire resilient, multi-aged diverse tree species.
The Nevada City Wildfire Prevention and Mitigation Plan identifies a full range of actions within three (3) strategic areas:
• Public Safety
• Vegetation Management and Home Hardening (Fuels)
• Community Engagement and Education
Action areas are assigned to each strategic area and each action area has action items identified in the plan as follow:
Public Safety
Evacuation
PS.E.1 Engage internal and external fire and law enforcement agencies to identify evacuation bottlenecks, routes, and shelter-in-place locations.
PS.E.2 Engage with Firewise Communities and neighborhoods to identify evacuation bottlenecks, routes, and shelter-in-place locations.
PS.E.3 Explore the feasibility of warning systems that can complement CodeRED for imminent danger to the town.
PS.E.4 Identify with signage and reduce fuel density in shelter-in-place locations.
PS.E.5 Clear vegetation along evacuation routes.
PS.E.6 Educate the public on effective response to sirens and warnings.
Prevention
PS.P.1 Conduct and evaluate annual parcel inspections.
PS.P.2 Conduct and document fire hydrant testing program to ensure sufficient water pressure to fight fire.
PS.P.3 Evaluate visibility of fire hydrants under all hazard conditions.
PS.P.4 Create demonstration projects on City land.
PS.P.5 Identify and protect critical infrastructure.
Fuels Management
Vegetation
FM.V.1 Maintain City land to the same standard as private land consistent with Chapter 8.10 "Vegetation Management, Debris Removal, and Abatement" of the Nevada City Municipal Code.
FM.V.2 Create a legal framework for accessing private land for inspection by qualified inspectors.
FM.V.3 Identify and publicize ordinance-compliant properties.
FM.V.4 Provide green waste disposal / drop-off access for the entire community.
Home Hardening / Structure Hardening
FM.HH.1 Offer structure, deck, defensible space, home hardening, evacuation route, and property visits designed to educate the public about wildfire survivability.
FM.HH.2 Collaborate with CAL FIRE to develop a building retrofit program.
FM.HH.3 Work with hardware stores to feature home hardening supplies and materials.
Community Engagement
Education and Evacuation
CE.E.1 Schedule and hold public forums about the Nevada City Wildfire Prevention and Mitigation Plan and related topics.
CE.E.2 Develop multiple communication platforms to increase community engagement.
CE.E.3 Establish education projects with other organizations.
CE.E.4 Determine actions needed to ensure that Nevada City Homeowners have access to affordable fire insurance.
NEVADA CITY WILDFIRE PREVENTION AND MITGIATION PROGRAM ACCELERATOR If “Measure C” receives a 2/3 or greater vote it will go into effect the 10th day following adoption by the voters. Sales tax is remitted on a quarterly basis. The City would not receive any funds in fiscal year 2023/2024 should the tax pass and would not anticipate receiving its first full year of revenue until 2025. In order to meet the needs of the strategic plan, the CIP, the Nevada City Wildfire Prevention and Mitigation Plan, and the overall policy direction of the City Council toward the mandate of making Nevada City Safer from Wildfire we propose this Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan for adoption and funding within the fiscal year 2023/2024 budget to be considered on February 28, 2024.
Some of the actions in this Accelerator Funding Plan will be accomplished through the work of existing positions while some of the actions required new budget authorization. All of the priority actions from the Fire Safety Advisory’s this Nevada City Wildfire Prevention and Mitigation Plan are included in the Accelerator Funding Plan and indicated below.
Accelerator Plan & Budget
The Nevada City Wildfire Prevention and Mitigation Program Accelerator Funding Plan essentially seeks to begin the requisite work already planned for or underway as well as the actions of the committee’s Nevada City Wildfire Prevention and Mitigation Plan immediately and through July 1, 2024, the beginning of the city’s fiscal year 2024/2025 budget. The accelerator funding plan would fund support, implement and fund the following:
Update Requisite Plans ($40,000)
• Create a Nevada City specific Community Wildfire Protection Plan (CWPP) • Update the Nevada City and Nevada County Local Hazard Mitigation Plan (LHMP) Implement Microgrant Programs ($20,000)
• Implement the previously approved Home Hardening Microgrant Program • Implement a Microgrant Program to support the development of new Firewise Communities or to support projects for existing Firewise Communities.
Implement Actions of the Nevada City Wildfire Prevention and Mitigation Plan ($10,000) Plan actions that have specific additional costs through July 1, 2024 include:
• PS.E.1 Engage internal and external fire and law enforcement agencies to identify evacuation bottlenecks, routes, and shelter-in-place locations.
• FM.V.4 Provide green waste disposal / drop-off access for the entire community. o Implement recurring community chipping activites.
The plan includes $70,000 in funding requests utilizing American Rescue Plan Act (ARPA) funds that are assigned for this purpose. If the plan is approved the funds will be appropriated in the 2023/2024 mid-year budget on February 28, 2024.
FUTURE ACTIONS FOR THE PLAN
The Accelerator Funding Plan will fund some actions from the this Nevada City Wildfire Prevention and Mitigation Program immediately and the remaining actions supported by “Measure C” would be identified and coordinated through a this Nevada City Wildfire Prevention and Mitigation Program Implementation Plan to be recommended by the Fire Safety Advisory Committee and adopted by the City Council as part of the fiscal year 2024/2025 budget process.
From: Miriam Morris
To: Public Comment
Subject: Public Comment, City Council, Item 3: the Police Report regarding enforcement of A-frame sign ban Date: Saturday, February 10, 2024 2:49:04 PM
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Dear Council,
The City as a municipality holds certain police powers over its citizenry in the pursuit of health and safety. These powers were expanded over the years by the courts to include aesthetics for the purpose of economic and enjoyment under the umbrella of health and safety.
I believe the time has come to re-evaluate whether A-frame signs are a detriment or a driver of economic health and vibrancy. I ask the Council to consider a future agendized discussion on this topic.
Times have changed. Retail businesses struggle due to online shopping. Restaurants have a thin profit margin. Aframe signs help draw customers by alerting them to specials and specialness. Many signs, like Heartwoods, are beautiful and add to the aliveness of the street. These types of signs have been used by businesses since the early 1800s, and probably even before that, so they certainly fit in with the era the City has chosen to embrace.
I do not know why these signs were initially prohibited, but I suspect it was the over-abundance of realty business signs that added little to the commercial vibrancy of town. Things are different now, so I suggest it’s time to take another look at the value of the prohibition.
Thank you.
Miriam Morris
Nevada City
From: Miriam Morris
To: Public Comment
Subject: Public comment, unagendized, re:Mardi Gras trash Date: Monday, February 12, 2024 8:51:15 AM
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Hi Council,
The litter from the Mardi Gras parade is unacceptable. There is a great deal of plastic wrappers and mylar ribbons and dyed feathers in addition to the usual garbage, even after the street-sweeper came through.
Most of the “throw” items like the beads and plastic coins are made in China with less environmental oversight, and often made out of recycled e-waste.
Here is some information of the toxic load in these items from ECOLOGY Center:
“One-third (33%) of the samples contained lead at levels higher than 100 parts per million (ppm), the limit allowed in children's products in the United States. One sample contained lead as high as 472 ppm. Lead is a known neurotoxin. Additional tests on a subset of necklaces found that 12 out of 14 contained a triaryl phosphate chemical.
Triaryl phosphates are used as flame retardants or as plasticizers.” Of great concern to me is the bits of mylar ribbon and confetti. Fortunately, it wasn’t rainy the morning after the parade and the City was able to run the street-sweeper. This isn’t always the case. There was still a lot of litter in the gutter and on the sidewalk even after the sweeper.
The Chamber should be required to completely clean up right after the parade as stipulated in the special events contracts.
It is ironic that in April the Chamber will have an Earth Day celebration with a goal of “zero waste” yet seems to turn a blind eye to the trash of this event.
Here is some information about the dangers of mylar ribbon from a wildlife expert:
Mylar bits “Potentially get ingested by animals and, just in general, litter the landscape and these ribbons, you know, same thing, they can get tangled up in animals' feet and paws and also their throats and they can't eat anymore.”
Please can we figure out a better way to have a mid-winter celebration that doesn’t include deliberately throwing toxic and dangerous litter into the streets? Thank you.
Miriam Morris
Nevada City
Photo from Sunday morning: A sample of the litter, just from one block not on the parade route.
From: Tyana Maddock
To: Public Comment; Daniela Fernandez; Gary Petersen; Doug Fleming; Adam Kline; Lou Ceci Subject: Please Adopt a Call to Cease Fire for Nevada City Date: Tuesday, February 13, 2024 10:01:54 AM
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Hello city council members, and thank you for your work to make our city special! I am asking you to adopt the call to cease fire in Palestine that is being brought before you via petition in this Wednesday's meeting.
Our small peaceful town can surely stand beside such a call to humane behavior. Let us be shown to be on the right side of history in this matter.
As a resident, home owner, business owner, and mother in the Nevada City area, I believe in our town's ability to model taking a stand in these matters, and in our ability to show our children that we are a safe place for all children, through our actions locally and on a greater scale.
Thank you,
Tyana
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Tyana Maddock
Mighty Acorns Preschool
mightyacornspreschool.com
[email protected]
916-508-3011