Agenda packet, regular meeting, first session — Nevada City City Council, March 13, 2024

City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 13, 2024 6:30 PM

MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small-town character and historical architecture while providing quality public services for our current and future residents, businesses, and visitors.

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

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

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

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

3. Observe this meeting live from the local government cable channel 17 or 18.

Public comments may be made:
*note the option of public comment via Zoom is no longer available

1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes (unless the time limit is shortened for all by direction of the Mayor or Presiding member).

2. In writing: Email your comments to [email protected] or provide your comments in writing to the Deputy City Clerk at City Hall. Comments will be accepted until 3:00pm on the day of the meeting date. Comments will not be read during the City Council meeting but will be forwarded to all Council Members and made available for public review prior to the City Council Meeting. Written comments provided after the 3:00pm deadline will be provided to the Council members by the following business day and will be uploaded to the agenda packet online. When sending an email, it is extremely helpful to include the following:
• Full Name
• Address (specific or general, i.e.: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that, relates to an agenda item for open session, which is distributed to a majority of the Council members, less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.

In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-2496 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

MEETING PROCEDURES:

All items on agenda will be open for public comments before final action is taken. Speakers must restrict comments to the item as it appears on the agenda and stay within a three-minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Standards and Procedures shall apply to all City Council Meetings, members of the public:
(a) Shall limit comment time to that listed on the agenda; (b) May criticize City policies, procedures, programs and/or services or the acts or omissions of Council Members in carrying out their responsibilities as public officials, but shall refrain from disruptive behavior;
(c) Shall speak only from the podium when recognized by the Mayor, and shall address comments to the Mayor and not to staff or members of the audience; (d) Shall not approach individual Council Members while a meeting is in progress; (e) May provide written materials (10 copies recommended) to the Council during a meeting by giving the materials directly to the City Clerk.

The Mayor or presiding member of the Council has the authority to remove, or designate a person to remove, an individual for disrupting the Council meeting. Disruptive behavior is any action that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Before taking this action, the Mayor/presiding member shall warn the individual that their behavior is disruptive and that failure to cease this behavior may result in their removal. If the behavior does not promptly cease, the individual may be removed.

No warning is required to precede removal if an individual engages in behavior that is a true threat of force. A true threat of force has sufficient indicia of intent and seriousness so that a reasonable observer would perceive it to be an actual threat to use force by the person who makes the threat.

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ Councilmember Kline
_____ Councilmember Ceci
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)

PRESENTATIONS
Proclamation: Women’s History Month
PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item at the time it is heard. Speakers must adhere to the meeting procedures identified above.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items.

Councilmembers or the City Manager may remove items from the Consent Agenda for separate discussion and action by City Council. Members of the public may request to remove items from the Consent Agenda, during Consent Agenda public comment, for separate discussion and action by the City Council, but action is required by the City Council to do so by motion, second and roll call vote. Unless the City Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on the Consent Calendar). Any item removed for separate discussion and action will be taken up following the motion to approve the Consent Agenda.

1. Action Minutes February 28, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable Activity Report – February 2024
Recommended Action: Receive and file the report

3. Police Activity Report February 2024
Recommended Action: Receive and file the report

4. Building Activity Report February 2024
Recommended Action: Receive and file the report

5. Consideration of the Special Event Street Closure Request for the Alma Productions Poker Run Car Luncheon
Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application
CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

PUBLIC HEARINGS: Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable) d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable) f) Close the Public Hearing
g) Council Comments and questions
h) Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you, or someone else, raised orally at the public hearing or in written correspondence received by the city at or before the public hearing. Public hearings listed for continuance will be continued as noted and posting of this agenda serves as notice of continuance. Any matter not noted for continuance will be posed separately.

6. Conduct a Public Hearing on the City’s Fiscal Year 2023-2024 Proposed Mid-Year Budget by: Consideration of Resolution No. 2024-05: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2024 Mid-Year Budget Recommended Action: Conduct the public hearing and adopt the resolution

BUSINESS

7. Consideration of a Facility Use Application for the Bandshell and Portions of Pioneer Park by the Miner’s Foundry, Including an Extended Hours Request, for the Jerry Bash Concert on August 3, 2024
Recommended Action: Approve the application and extended hours request

8. Consideration of the 2024 Annual Military Equipment Use Report and Annual Review of the City of Nevada City Military Equipment Policy as Adopted in Ordinance No. 2022-05 and Nevada City Police Department Policy 705 as Required Under California Assembly Bill 481
Recommended Action: Receive a presentation then review the report and approve the continued use of the equipment without change

9. Consideration of the Selection of Seating and Planter Elements to be Installed on the Commercial Street Reconstruction Project
Recommended Action: Receive a presentation and provide direction on softscape elements to be procured and installed for the project

10. Consideration of the Appointment of Jonas Arellanes to the Vacant Youth Public Arts Commissioner Position
Recommended Action: Appoint the youth commissioner

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

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

Certification of Posting of Agenda
I, Sean Grayson, City Manager for the City of Nevada City, declare that the foregoing agenda for the March 13, 2024, Regular Meeting of the Nevada City City Council was posted March 8, 2024, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website. Signed March 8, 2024, at Nevada City, California ____________________________________________________
Sean Grayson, City Manager
City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
WEDNESDAY March 13, 2024 6:30 PM

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

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

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

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

3. Observe this meeting live from the local government cable channel 17 or 18.

Public comments may be made:
*note the option of public comment via Zoom is no longer available

MEETING PROCEDURES:

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items.

1. Action Minutes February 28, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable Activity Report – February 2024
Recommended Action: Receive and file the report

3. Police Activity Report February 2024
Recommended Action: Receive and file the report

4. Building Activity Report February 2024
Recommended Action: Receive and file the report

BUSINESS

10. Consideration of the Appointment of Jonas Arellanes to the Vacant Youth Public Arts Commissioner Position
Recommended Action: Appoint the youth commissioner

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

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

PROCLAMATION
Women’s History Month 2024
WHEREAS, the month of March was selected as Women’s History Month to coincide with the United Nations’ sponsorship of International Women’s Day, which occurred on March 8th in 2024, as a time to commemorate women’s rights and peace; and
WHEREAS, the campaign theme for International Women's Day 2024 is Inspire Inclusion: “When we inspire others to understand and value women's inclusion, we forge a better world. And when women themselves are inspired to be included, there's a sense of belonging, relevance, and empowerment.

Collectively, let's forge a more inclusive world for women.”; and WHEREAS, women of every race, class, ethnicity, sexual orientation, gender identity, and ability have made historic contributions to the growth and strength of our City, state, and nation in countless recorded and unrecorded ways. Women have influenced and advanced every facet of American life and culture.

The strength, ingenuity, and spirit of our female leaders, innovators, and pioneers shape our Nation's character, government, industry, families, and communities; and WHEREAS, women have significantly influenced public policy and contributed to the building of viable institutions and organizations that continue to support our communities today and the knowledge, skills, and abilities of women contribute to a more robust workforce and a more prosperous economy; and WHEREAS, women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, emancipation movement, industrial labor movement, civil rights movement, peace movement, and more that aim to create a more fair and just society for all.

In remembering the trailblazers of the past and the heroines of present day, we honor their legacies by carrying forward the valuable lessons learned from the powerful examples they set; and WHEREAS, we recognize the countless accomplishments of local women within our community who teach our children, care for our sick, serve in our military, start businesses, serve in elected positions, or venture into unknown frontiers. Generations of women have had to overcome obstacles put in the way of their achievement and we reaffirm our commitment to supporting the next generation of female trailblazers and dreamers as they carry forward this distinguished legacy; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Nevada City hereby proclaims the month of March 2024 as Women's History Month, and hereby encourages its residents to learn more about the rich and diverse history of women through available programs, reading, ceremonies, and educational activities.

Dated this 13th day of March 2024
______________________________________
Daniela Fernández, Mayor
1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF FEBRUARY 28, 2024
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

REGULAR MEETING – 6:31 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Fernàndez, Vice Mayor Petersen, Councilmembers Fleming, Ceci, Kline ADOPTION OF THE AGENDA:

Action: Motion by Ceci seconded by Petersen to adopt the Agenda for the February 28, 2024, Meeting (Approved 5-0) Fernàndez, Petersen, Kline, Ceci, Fleming PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

CONSENT ITEMS:

1. Action Minutes February 14, 2024, Regular Meeting
Recommended Action: Review and approve the minutes

2. Fire Activity Report – January 2024
Recommended Action: Receive and file the report

3. Office of Emergency Services Report / Wildfire Prevention and Mitigation Activities Report – January 2024
Recommended Action: Receive and file the report

4. Consideration of a City Investment Report for the 4th Quarter 2023 Recommended Action: Receive and file the report

5. Second Reading and 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 2 Pertaining to Design Immunity for Public Projects and Finding This Action to be Exempt from CEQA
Recommended Action: Hold second reading and adopt the ordinance Action: Motion by Ceci, seconded by Petersen, to approve items 1 through 5 on Consent (Approved 5-0) Fernàndez, Petersen, Kline, Ceci, Fleming

BUSINESS

6. Consideration of a Presentation from the Community Foundation of Nevada County Recommended Action: Receive the presentation and provide any needed direction Action: Item Pulled for a Future Meeting

7. Consideration of Amendment #1 of a Public Improvement Agreement Between the City of Nevada City and Jonathan Rowe to Provide Funding for the Sidewalk, Little Deer Creek Drainage, and Parking Improvements at the Stonehouse and Adjacent City Right-of-Way; and Authorizing the City Manager to Make Minor Changes to Milestone Payments as May be Needed to Accomplish the Project Without Changing the Total Amount Payable by the City Recommended Action: Approve the amendment and authorize the City Manager to execute any related documents
Action: Motion by Fleming, seconded by Ceci, to approve the amendment and authorize the City Manager to execute any related documents
(Approved 5-0) Fernàndez, Petersen, Kline, Ceci, Fleming

8. Consideration of an Asset Loan Agreement Between the City of Nevada City and Ken Baker and Gary Tintle, the Owners of the Alpha Building at 210 Broad Street in Nevada City, California for the Temporary Placement of a City Owned Fire Wagon and Fire Hose Cart at the Site Recommended Action: Approve the asset loan agreement
Action: Motion by Kline, seconded by Fleming, to approve the asset loan agreement (Approved 5-0) Fernàndez, Petersen, Kline, Ceci, Fleming

9. Consideration of Adoption of a City Volunteer Policy Recommended Action: Adopt the policy
Action: Motion by Kline, seconded by Petersen, to adopt the City Volunteer Policy (Approved 5-0) Fernàndez, Petersen, Kline, Ceci, Fleming

10. Consideration of a Letter of Opposition to AT&T Applications 23-03-002 and 23-03-003, filed with the California Public Utilities Commission (CPUC), Authorizing the Mayor to Sign and the City Manager to Transmit the Letter
Recommended Action: Approve the letter
Action: Motion by Kline, seconded by Petersen, to approve the letter opposing AT&T Applications 230-03-002 and 23-03-003
(Approved 5-0) Fernàndez, Petersen, Kline, Ceci, Fleming CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 8:23 PM
3 AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Daniela Fernàndez, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 02
Subject: Accounts Payable Activity Report February 2024 From: Brittnie Neundorfer, Finance Supervisor
Date: March 4, 2024
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The attached Accounts Payable Report for February 2024 reviews the accounts payable and check register for the month.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

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

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

Accounts Payable Report February 2024

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 03
Subject: Monthly Statistical Crime Data February 2024
From: Dan Foss, Chief of Police
Date: March 6, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive and file.

ISSUE STATEMENT AND DISCUSSION:

The Nevada City Police Department's monthly statistical crime report for February 2024 is attached. For additional information, refer to the attached spreadsheet.

February saw a significant increase in theft, primarily in our downtown. Through positive communication and an excellent relationship between our police department and the downtown community, the thefts were reported to the police department, and the suspects were arrested. The officers also completed a search warrant for the suspect's residence and located many items of stolen property. They worked with the Chamber of Commerce to ensure the community knew of the thefts and the suspects involved. Although theft is never a positive, building relationships and working with the community resulted in the apprehension of a suspect in a crime that likely would not have been reported before.

One of Code Enforcement's responsibilities is to work directly with City Planning to ensure compliance with state and local regulations related to all cannabis enterprises within the city limits. Currently, the city has approximately 12 businesses related to the cannabis industry. Communicating with the owners and operators of this industry can be time-consuming each month, but it is also essential for the industry's safety and is required by law.

Nevada City Police Department will always be available for comments and will notify the council of any concerns.

STRATEGIC PLAN ALIGNMENT:

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

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

None.

ATTACHMENTS:

February 2024 Case Report

CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 0 0% 0 0% 4 5% 0 0% -4 -400%
ASSAULT - A 3 5% 0 0% 0 0% 0 0% 3 300%
ASSAULT - S 1 2% 0 0% 1 1% 1 100% 0 0%
AUTO THEFT 0 0% 0 0% 0 0% 0 0% 0 0%
BURGLARY 1 2% 0 0% 2 2% 1 50% -1 -100%
CIVIL DISPUTE 0 0% 0 0% 1 1% 0 0% -1 -100%
COURTESY REPORT 0 0% 0 0% 1 1% 0 0% -1 -100%
DECEASED PERSON 0 0% 0 0% 1 1% 0 0% -1 -100%
DISORDERLY 3 5% 1 33% 1 1% 0 0% 2 200%
DOMESTIC DISPUTE 0 0% 0 0% 4 5% 0 0% -4 -400%
DOMESTIC VIOLENCE 0 0% 0 0% 1 1% 0 0% -1 -100%
DUI 2 3% 1 50% 4 5% 2 50% -2 -200%
FOUND PROPERTY 1 2% 0 0% 3 4% 0 0% -2 -200%
FRAUD 1 2% 0 0% 1 1% 0 0% 0 0%
GENERAL 1 2% 1 100% 2 2% 0 0% -1 -100%
HIT-RUN-N 0 0% 0 0% 3 4% 0 0% -3 -300%
LIQUOR LAWS 4 6% 1 25% 1 1% 0 0% 3 300%
MENTAL HEALTH 3 5% 0 0% 0 0% 0 0% 3 300%
MISC INFO RPT 4 6% 0 0% 6 7% 0 0% -2 -200%
MISSING 0 0% 0 0% 1 1% 0 0% -1 -100%
MVSTOP 1 2% 1 100% 4 5% 0 0% -3 -300%
NARCOTICS 4 6% 2 50% 0 0% 0 0% 4 400%
PROPERTY 2 3% 0 0% 1 1% 0 0% 1 100%
RESIST 1 2% 0 0% 1 1% 0 0% 0 0%
RUNAWAY JUVENILE 1 2% 0 0% 1 1% 0 0% 0 0%
SEX OFFENSE 1 2% 0 0% 1 1% 0 0% 0 0%
THEFT 6 9% 2 33% 2 2% 0 0% 4 400%
TOW 4 6% 0 0% 7 9% 0 0% -3 -300%
TRAFFIC 1 2% 1 100% 2 2% 0 0% -1 -100%
TRAFFIC COLLISION 0 0% 0 0% 4 5% 0 0% -4 -400%
TRESPASS 0 0% 0 0% 3 4% 0 0% -3 -300%
VANDALISM 6 9% 0 0% 1 1% 1 100% 5 500%
VOIDED CASE NUMBER 1 2% 0 0% 3 4% 0 0% -2 -200%
WARRANT ARREST 3 5% 1 33% 1 1% 1 100% 2 200%
WEAPONS 1 2% 0 0% 0 0% 0 0% 1 100%
Total Case Reports 56 11 68 6 -12
RMS-185 v1.10 Printed 3/4/2024 3:02:52 PM Page 1 of 2 Total Pages

CITY OF NEVADA CITY
317 BROAD ST.

POLICE DEPARTMENT

MONTHLY STATISTICAL REPORT

CLEARED BY DISPO STATUS

REPORT PERIOD
February 2024
NEVADA CITY, CA 95959
(530) 265-4700

CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 12 33% 4 33% 5 24% 4 80% 7 700%
Adult Arrests Misd 22 61% 9 41% 14 67% 3 21% 8 800%
Juvenile Arrests Felony 0 0% 0 0% 1 5% 0 0% -1 -100%
Juvenile Arrests Misd 1 3% 0 0% 0 0% 0 0% 1 100%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 1 3% 0 0% 1 5% 0 0% 0 0%
Total Arrests 36 13 21 7 15
RMS-185 v1.10 Printed 3/4/2024 3:02:52 PM Page 2 of 2 Total Pages * Cleared - Is determined by the case disposition where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.

CITY OF NEVADA CITY
317 BROAD ST.

POLICE DEPARTMENT

MONTHLY STATISTICAL REPORT

CLEARED BY DISPO STATUS

REPORT PERIOD
February 2024
NEVADA CITY, CA 95959
(530) 265-4700

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 04
Subject: Building Activity Report March 2024
From: Lisa McCandless, City Planner
Date: March 8, 2024
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The attached Building Activity Report for February 2024 reviews the actions and activities for the month.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

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

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

Building Activity Report February 2024
Building Activity Report - February 2024
Date Record Number Record Type Description Address Status 2/26/2024 240518 Express Permit
Replace Main Breaker for Communal Cafe
kitchen. Includes 1 inspection. Final
required.
233 BROAD STREET, Nevada
City CA 95959 Issued
2/24/2024 240500 Full Review
DIGITAL: RED-TAG: AS-BUILT ADU. 480 sf.

Front deck, 168 sf. Covered side porch, 40
sf.Year of construction, 2000. Includes
inspections.
803 UREN STREET, Nevada
City CA 95959 Received
2/23/2024 240492 Express Permit
WEB: Tear off existing roof on residence,
install Owens Corning lifetime shingles. No
exemption, installing cool roof.PRP 1
inspection.
215 CLAY STREET, Nevada City
CA 95959 Issued
2/23/2024 240491 Full Review
DIGITAL: New 1,192 sf three-bedroom, two
bathroom. two-story, second primary
residence. Covered front & rear decks, 381
sf. Uncovered deck, 45 sf.Includes 9
inspections.
510 MAIN STREET, Nevada
City CA 95959 In Review
2/23/2024 240488 Express Permit
WEB: INSTALLATION OF HEATING AND
COOLING SYSTEM.1 inspection.
80 MINE ROCK ROAD, Nevada
City CA 95959 Issued
2/22/2024 240474
Over the Counter
Permit
Upgrade electrical service panel from 100
amps to 200 amps.Includes 2 inspections.
245 UPPER PARK AVENUE,
Nevada City CA 95959 Issued
2/15/2024 240428 Full Review
DIGITAL: Convert existing 480 SF garage to
new one-bedroom, one-bathroom
ADU.Includes 4 inspections.
214 DRUMMOND STREET,
Nevada City CA 95959 In Review
2/13/2024 240393 Express Permit
WEB: Replacement of heating and air
conditioning system.1 inspection.
397 GRACIE ROAD, Nevada
City CA 95959 Finaled
2/8/2024 240345 Full Review
DIGITAL: Tenant Improvement District
Attorney's Office: Build new Conference
room and office inside existing interior open
area. New electric ADA door opener for
exterior door. New ADA parking spaces.

Includes 4 inspections.
201 COMMERCIAL STREET,
Nevada City CA 95959 In Review
2/7/2024 LEG24-0008
Building Legacy
Permit Original BP # 820050414
588 RAILROAD AVENUE,
Nevada City CA 95959 Closed
2/7/2024 LEG24-0009
Building Legacy
Permit Original BP # 830061762
588 RAILROAD AVENUE,
Nevada City CA 95959 Closed
2/2/2024 240295 Express Permit
Web. Replace existing heating and cooling
equipment. System located in/on side of
house. Includes one inspection. Final
required.
100 WILLOW VALLEY ROAD,
Nevada City CA 95959 Issued
2/2/2024 240294 Express Permit
Web. Replace heating and cooling. Remove
existing mini split, Install new ducted heat
pump to serve entire living area, Install new
bath fan with new duct and wall jack.

Backflow prevention device required prior to
permit final. Includes one inspection. Final
required.
410 FACTORY STREET, Nevada
City CA 95959 Issued
2/1/2024 240274 Express Permit
Web. Tear off existing roof on residence,
install Owens Corning lifetime shingles. No
exemption, installing cool roof. Backflow
prevention device verified, no action
needed. SCMA affidavit also on file in portal.

PPR One inspection. Final required.
16 TURPENTINE DRIVE,
Nevada City CA 95959 Issued

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 05
Subject: Consideration of the Special Event Street Closure Request for the Alma Productions Poker Run Car Luncheon.

From: Sean Grayson, City Manager
Date: March 3, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Review, approve, and authorize the special event street closure requests per the submitted application.

ISSUE STATEMENT AND DISCUSSION:

On February 23, 2024, the City received an application for a Poker Run (car run) Luncheon on April 28, 2024 to be hosted by Alma Productions. The event is a drive in for the Poker Run to have lunch in downtown Nevada City and show 25+cars to the community. The event will also generate donations to local nonprofits. The proposed event hours are 12:00pm to 1:30pm with parking in the designated areas being restricted by 9:00am.

The proposed parking space restrictions for the event includes:
- In front of the National Hotel
- In front of the Alpha Building
- Union Alley along the Calanan Park frontage
This is similar, although smaller in scale, to the event approved for the 300SL Foundation in August of 2022.

A summary of the specific event characteristics and recommended staff conditions are included in the application packet. The primary considerations are for emergency access with standard conditions by the Fire Department and for parking and road closures from Public Works.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The total fees to be collected if the application is approved are $175 and Alma Productions will be required to submit the required insurance for the event.

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:

Street Closure/Special Event Application

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 06
Subject: Conduct a Public Hearing on the City’s Fiscal Year 2023-2024 Proposed Mid-Year Budget by: Consideration of Resolution No. 2024-05: A Resolution of the City Council of the City of Nevada City Adopting Fiscal Year 2023-2024 MidYear Budget; and Consideration of Resolution No. 2024-06: A Resolution of the City Council of the City of Nevada City Adopting
Compensation for Part-Time Hourly Parks and Recreation
Employees.

From: Stephen Erlandson, Interim Assistant City Manager Date: March 6, 2024
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Conduct the public hearing and adopt the resolutions.

ISSUE STATEMENT AND DISCUSSION:

At the June 14, 2023, City Council Meeting, a balanced budget for Fiscal Year (FY) 2023-24 was adopted.

The mid-year revised forecast projects FY 2023-24 revenues to be up moderately in the General Fund as all major revenue sources in the General Fund are expected to exceed original estimates or remain in-line with adopted budget estimates due to a healthy housing market, stable consumer confidence, and tourist activity in the historic downtown. All of the City’s outside funding sources, with the exception of Gas Tax revenue, is expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

Actual expenditures for existing personnel, operating, professional services, capital outlay items, and capital improvement projects in all funds are projected to meet or be below the adopted FY 2023-24 City Budget. No new appropriations from the General Fund are needed to continue the superior service that the residents of Nevada City are accustomed to receiving from their local government.

The information provided below more clearly identifies and explains the City’s major sources of revenue and and/or variances between the adopted budget and the projected forecast as a result of this financial review.

Revenues
General Fund - Revenues for the General Fund are anticipated to be $6,387,887, a net increase of $68,065, or 1.1% over the adopted budget of $6,319,822. Variances from the original budget estimates include:

1. Property Taxes – An increase of $18,425 resulting primarily from a higher than anticipated increase in assessed valuation supported by actual revenues received to date.

2. Property Tax In-Lieu of Vehicle License Fee – An increase of $8,436 based upon the actual County apportionment for the year and actual supplemental property taxes received to date.

3. Property Transfer Fees – An increase of $1,347 based upon actual revenues received year to date and anticipated revenue through the balance of the fiscal year.

4. Sales Tax – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year developed in combination with staff evaluation and estimates received from the City’s third-party sales tax consultant.

5. Measure F Medical Cannabis Tax – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

6. Transient Occupancy Tax – An increase of $19,757 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

7. Parking Citations – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

8. Franchise Fees – An increase of $20,100 based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

9. Planning Fees – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

10. Public Works Fees – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

11. Park & Recreation Fees – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

12. Fire Fees – Expected to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year.

Gas Tax Fund – Revenues for the Gas Tax Fund are anticipated to decrease $189,405, a decrease of $7,913 from the adopted budget based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year as projected by the State of California Department of Finance.

Other Special Revenue Funds – Revenues for the City’s other various special revenue funds are anticipated to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year. Special revenue funds are restricted in their use and usually fund street maintenance, capital projects, and public safety.

Enterprise Funds – Revenues for the City’s various enterprise funds are anticipated to remain flat based upon actual revenues received to date and anticipated revenue through the balance of the fiscal year. The City’s enterprise funds consist of water and wastewater activities that operate and are accounted for in the same manner as a private sector business.

Appropriations
Total expenditures for personnel, maintenance and operations, and capital outlay line items are projected to equal or be below the FY 2023-24 adopted budget. Most line items that require additional appropriations can adequately be offset with those line items projected to be below budget, and are listed below:

1. Community Risk Reduction Officer: Reallocation of $70,661 is requested for the Community Risk Reduction Officer (Personnel Expenditures) from Measure C to General Fund and exchange the same amount of General Fund dollars being used to pay for the Grass Valley Fire Contract to Measure C.

2. Commercial Street Softscape Elements: Reallocation of $30,000 of General Fund appropriations from Finance and Administration Department personnel savings to Engineering and Public Works Capital Outlay for the Commercial Street Softscape Elements.

3. Parks and Recreation Capital Outlay: Reallocation of $6,962 of General Fund appropriations from Parks and Recreation Fixed Assets line item to Parks and Recreation Capital Outlay line item to appropriately account for the purchase of pool lounge chairs and commercial refrigerators.

4. Personnel Expenditures: Reallocation of $50,922 of General Fund appropriations from Finance and Administration Department personnel savings to various departments and funds to accurately reflect the cost distribution of the one-time employee bonuses approved by the City Council on December 14, 2023. The cost distribution breakout is as follows:

Department Transfer In Transfer Out
City Manager $3,230 (General Fund)
Finance and Admin $50,922 (General Fund)
Fire $3,230 (General Fund)
Police $3,230 (Prop 64 Fund)
$3,230 (Measure C Fund)
Planning $3,230 (General Fund)
Public Works $11,734 (General Fund)
$673 (Measure M)
Parks & Recreation $5,006 (General Fund)
Water $6,594 (Water Fund)
Wastewater $10,765 (Sewer Fund)
Supplemental Appropriations
Staff is requesting a supplemental appropriation of $70,000 from its previously recognized American Rescue Plan Act (ARPA) monies to immediately advance several issues pertaining to the Wildfire Tax Implementation Plan. These funds have already been received by the City and only require appropriation by the City Council.

Capital Improvement Program
The City does not anticipate any additional appropriations related to its Capital Improvement Program for the balance of the fiscal year.

Parks and Recreation Part-Time Pay Scale
Staff is requesting a new pay scale for the City’s pool part-time employees based on an increase in the minimum wage and a comparison to what the YMCA pays at the Grass Valley pool (our competitors for these positions). Since most of the increased cost will be in the next fiscal year (FY 2024-25) budget, staff anticipates that the current FY 2023-24 allocated budget is sufficient to absorb any minimal part-time expenditures resulting from the proposed hourly rates. The proposed rate schedule is attached to Resolution No. 2024-06 as Attachment A.

Items for Future Consideration
The City received two distributions of American Rescue Plan Act (ARPA) funds totaling $753,068 ($376,534 received in FY 2021-22 and $376,534 received in FY 2022-23). These funds are restricted by federal legislation for use, of which one of these restricted uses is to offset lost revenues. The city will have greater lost revenues, including lost growth of revenues, than the total ARPA allocation. This will allow the City to recognize the full amount as general fund revenue and authorize the funds for expenditure in the future.

Aside from the aforementioned supplemental appropriation of $70,000 to immediately advance several issues pertaining to the Wildfire Tax Implementation Plan, the remaining ARPA funds have not been appropriated and are anticipated to be used, in part, to advance programs and activities related to addressing strategic initiative goals. The ARPA funds will be recommended for appropriation as part of the FY 2024- 25 Adopted Budget or earlier through City Council action to address approved strategic initiative action.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The effects of the recommended FY 2023-24 Mid-Year Budget adjustments are as follows:

1. An increase in General Fund revenue in the amount of $68,065.

2. A decrease in General Fund appropriations of $24,492.

3. A decrease in Gas Tax Fund revenue in the amount of $7,913.

4. An increase in Proposition 64 Fund appropriations of $3,230.

5. An increase in Measure C Fund appropriations of $3,230.

6. An increase in Measure M Fund appropriations of $673.

7. An increase in ARPA appropriations in the amount of $70,000.

8. An increase in Water Fund appropriations of $6,594.

9. An increase in Sewer Fund appropriations of $10,765.

The net positive effect on General Fund revenues after consideration of all General Fund appropriations is $92,557. It is anticipated that no further supplemental appropriations will be required for the remainder of the fiscal year and that the City will conclude FY 2023-24 in a healthy financial position.

STRATEGIC PLAN ALIGNMENT:

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

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Resolution 2024-05
 Resolution 2024-06
RESOLUTION NO. 2024-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, CALIFORNIA, MODIFYING THE FISCAL YEAR 2023-2024 BUDGET REVENUE

ESTIMATES AND APPROPRIATIONS
The City Council of the City of Nevada City does hereby resolve as follows:

Section 1. That the FY 2023-24 Annual Budget of the City of Nevada City is hereby amended to reflect the revised revenue projections as presented in Schedule A, attached hereto and incorporated herein by reference as Exhibit 1.

Section 2. That the FY 2023-24 Annual Budget of the City of Nevada City is hereby amended to reflect the revised appropriations as presented in Schedule B, attached hereto and incorporated herein by reference as Exhibit 2.

PASSED AND ADOPTED this 13th day of March, 2024 by the following vote:

AYES:

NOES:

ABSENT;
ABSTAIN:
________________________________
Daniela Fernandez, Mayor
ATTEST:
_______________________________
Niel Locke, City Clerk
Attachment:

Exhibit 1 – Schedule A, Revenue Modifications
Exhibit 2 – Schedule B, Expenditure Modifications

REVENUES
2023-24
BUDGET

AMENDMENTS

MID-YEAR

RECOMMENDED

ADJUSTMENT

REVISED
BUDGET
General Fund
Property Taxes $ 1,627,994 $ - $ 18,425 $ 1,646,419
Property Taxes In-Lieu of VLF backfill 353,344 - 8,436 361,780 Property Transfer Fees 15,000 - 1,347 16,347
Sales Tax 1,495,602 - - 1,495,602
Measure F Medical Cannabis Tax 735,000 - - 735,000
Transient Occupancy Tax 510,000 - 19,757 529,757
Business License 99,700 - - 99,700
Dog License 500 - - 500
Permits- Miscellaneous 6,000 - - 6,000
Alcohol Permits 1,000 - - 1,000
Tobacco License 500 - - 500
Cannabis Permits 50,000 - - 50,000
Interest 36,879 - - 36,879
Corp. Yard & Building Rents 104,000 - - 104,000
Program Income 175,000 - - 175,000
Transportation Commission 7,500 - - 7,500
Police Officer Special Training 7,000 - - 7,000
Grant Reimbursement 10,000 - - 10,000
Liability Insurance Reimbursement - - - -
Insurance Claim Proceeds 178,172 - - 178,172
Planning Fees 52,500 - - 52,500
Park Fees 20,000 - - 20,000
Pool Admissions 34,000 - - 34,000
Swimming Lessons 20,000 - - 20,000
Miscellaneous Police Department Fees 4,000 - - 4,000
Inspection Fees 7,500 - - 7,500
Copies 25 - - 25
Pool Rental 8,000 - - 8,000
Pool Snack Bar 8,500 - - 8,500
Summer Camp Program 34,000 - - 34,000
Street Closure Fees 500 - - 500
Fire Planning 4,000 - - 4,000
Parking Meters 103,000 - - 103,000
Damage Recovery - - - -
Motor Vehicle In-Lieu 2,000 - - 2,000
Traffic Safety - Parking Citations 185,000 - - 185,000
Traffic Safety - Criminal 5,000 - - 5,000
Franchises 165,000 - 20,100 185,100
Fire Department 29,715 - - 29,715
Rebates/Refunds - - - -
Miscellaneous 184,616 - - 184,616
Return Check Charges 75 - - 75
Mitigation - - - -
Parking Permits - Employee 8,200 - - 8,200
Abandoned Vehicle Abatement Fees 5,000 - - 5,000
Parking Bail - State 26,000 - - 26,000
Transfers In - - - -
Total General Fund Revenues 6,319,822 - 68,065 6,387,887

CITY OF NEVADA CITY
March 13, 2024

SCHEDULE A

REVENUE MODIFICATIONS
1 REVENUES
2023-24
BUDGET

AMENDMENTS

MID-YEAR

RECOMMENDED

ADJUSTMENT

REVISED
BUDGET

CITY OF NEVADA CITY
March 13, 2024

SCHEDULE A

REVENUE MODIFICATIONS
Other Funds
Measure C 688,795 - - 688,795
Water Fund 916,700 - - 916,700
Sewer Fund 1,605,999 - - 1,605,999
Sewer - AB 1600 - - -
Measure M 925,000 - - 925,000
AB 1600 - - - -
Parks and Recreation Quimby - - - -
Donation - - - -
Highway Bridge Project (Nevada St.) 5,752,500 - - 5,752,500 Gas Tax 197,318 - (7,913) 189,405
NCTC RSTP/STIP Streets and Roads - - - -
NCTC Local Pedestrian and Bike - - - -
CMAQ Grant - Streets and Roads 701,070 - - 701,070
Traffic Relief - - - -
Regional Traffic Mitigation 26,861 - - 26,861
FEMA 744,250 - - 744,250
Indian Trails - - - -
Brownsfield - Quartz Mill - - - -
Fire Taxes (1986 & Tax Cap) 18,635 - - 18,635
Fire Taxes (2003) 35,900 - - 35,900
Recreational Trails Program 219,000 - - 219,000
Mathivet - - - -
Prop 172 40,000 - - 40,000
Supplemental Law Enforcement (COPS) 100,000 - - 100,000 ARPA 376,534 - - 376,534
Prop 64 600,000 - - 600,000
Prop 68 216,411 - - 216,411
California OES - - - -
Total Other Funds 13,164,973 - (7,913) 13,157,060
TOTAL REVENUE & OTHER SOURCES $ 19,484,795 $ - $ 60,152 $ 19,544,947 2 2023-24 2023-24 TOTAL PROPOSED
ADOPTED AMENDED GENERAL PROP 64 MEASURE C MEASURE M ARPA OTHER MID-YEAR REVISED OPERATING & CIP EXPENDITURES BUDGET BUDGET 1 FUND FUND FUND FUND FUND FUNDS ADJUSTMENTS BUDGET

OPERATING EXPENDITURES
Finance and Adminstration $ 874,248 $ 874,248 (80,922) 4, 5 (80,922) 793,326 City Council 99,338 99,338 - 99,338
City Clerk 6,792 6,792 - 6,792
City Attorney 132,175 132,175 - 132,175
City Planner & Planning Department 270,875 270,875 3,230 5 3,230 274,105 City Manager 483,303 483,303 73,891 2, 5 (70,661) 2 3,230 486,533 Fire Department 1,375,768 1,375,768 (67,431) 2, 5 70,661 2 70,000 3 73,230 1,448,998 Police Department 3,092,461 3,092,461 3,230 5 3,230 5 6,460 3,098,921 Public Works 1,146,966 1,146,966 41,734 4, 5 673 5 42,407 1,189,373 Community Agency 176,800 176,800 - 176,800
Parks & Recreation 1,541,937 1,541,937 5,006 5 5,006 1,546,943 Water Fund 895,786 895,786 6,594 5 6,594 902,380
Sewer Fund 1,547,148 1,547,148 10,765 5 10,765 1,557,913

CIP EXPENDITURES
General Fund 542,864 542,864 - 542,864
Measure M 637,500 637,500 - 637,500
Water Fund 150,000 150,000 - 150,000
Sewer Fund 150,000 150,000 - 150,000
Dept. of Transportation LPP 300,000 300,000 - 300,000
Highway Bridge Project (Nevada St. 5,531,501 5,531,501 - 5,531,501 Gas Tax 500,000 500,000 - 500,000
CMAQ Grant - Streets and Roads 701,070 701,070 - 701,070 Regional Trails Program Grant 219,000 219,000 - 219,000 Prop 68 154,949 154,949 - - - - - - - 154,949
TOTAL OPERATING & CIP $ 20,530,481 $ 20,530,481 $ (24,492) $ 3,230 $ 3,230 $ 673 $70,000 $ 17,359 $ 70,000 $ 20,600,481 $ -
Notes
1 Includes carryovers and previous adjustments approved by the City Council.

SCHEDULE B
March 13, 2024

CITY OF NEVADA CITY

EXPENDITURE MODIFICATIONS
2 Reallocation of funding for the Community Risk Reduction Officer from Measure C to General Fund and exchange the same amount of General Fund dollars being used to pay for the Grass Valley Fire Contract to Measure C. 3 Request for an appropriation of $70,000 to immediately advance several issues pertaining to the Wildfire Tax Implementation Plan. 4 Reappropriate $30,000 of funding from Finance and Administration Department personnel savings to Commercial Street Project for softscape improvements.

MID-YEAR RECOMMENDED ADJUSTMENTS
RESOLUTION NO. 2024-06

A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY

ADOPTING COMPENSATION FOR PART-TIME HOURLY PARKS AND

RECREATION EMPLOYEES
WHEREAS, the City of Nevada City employs individuals in a part-time capacity in the Parks and Recreation Department to perform ongoing and seasonal work functions; and WHEREAS, the term “part-time capacity” identifies individuals who are typically employed with the City on an hourly basis for an annual average of less than thirty hours per week; and
WHEREAS, the duties and responsibilities of part time employees are monitored by department managers, and further, that compensation is based on specific hours worked as recorded by employees on biweekly time sheets and approved by department managers; and WHEREAS, the City’s Parks and Recreation Part-Time Employee Pay Scale has been updated to reflect raises effective March 13, 2024, with the updated schedule included as Appendix A; and
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Nevada City that the Parks and Recreation Part-Time Employee Pay Scale including the attached hereto and made a part hereof by reference as though fully set forth herein is adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Nevada City on the 13th day March 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
Daniela Fernandez, Mayor
ATTEST:
___________________________________
Niel Locke, City Clerk
California Minimum Wage is $16/hr effective January 1, 2024 Job Title Step 1 Step 2 Step 3
Cashier/Swim Instructor $16.00 $16.25 $16.50
Swim Instructor $16.00 $16.25 $16.50
Lifeguard I/Swim Instructor $18.00 $18.50 $19.00
Lifeguard II/Swim Instructor $19.00 $19.50 $20.00
Assistant Pool Manager $20.00 $20.50 $21.00
Pool Manager $22.00 $22.50 $23.00
Red Cross Class Instructor $22.00 $22.50 $23.00
Recreation Assistant $16.00 $16.50 $17.00
Facility & Park Maintenance $18.50 $19.00 $19.50
Resolution 2024-06 (Attachment A)
City of Nevada City
Parks & Recreation Department
Part-time Employee Pay Scale
Effective March 13, 2024
FISCAL YEAR 2023-24

MID-YEAR BUDGET REVIEW
City Council Meeting
March 13, 2024

BUDGET PHILOSOPHY
 Revenues and Expenditures Balanced on a Current Basis  Capital Improvement Program – Emphasis on Streets, Roads, and Sidewalks
2 GENERAL FUND SIGNIFICANT

REVENUE/ RESOURCE ITEMS

PROPERTY
TAX

1.1%
Or
$18,425
3 PROPERTY

TRANSFER FEES

9.0%
Or
$1,347

PROPERTY TAX

IN-LIEU OF VLF

2.4%
Or
$8,436

TRANSIENT

OCCUPANCY TAX

3.9%
Or
$19,757

FRANCHISES (TV,
ELECT., GAS)

12.2%
Or
$20,100

OTHER SIGNIFICANT

REVENUE/RESOURCE ITEMS
4 GAS TAX
-4.0%
Or
($7,913)

PROPOSED OPERATING

EXPENDITURE CHANGES
5 CITY MANAGER
(MEASURE C FUND)
($70,661)

CITY MANAGER
(GENERAL FUND)
$70,661
Reallocation of funding for the Community Risk Reduction Officer from Measure C to General Fund and exchange the same amount of General Fund dollars being used to pay for the Grass Valley Fire Contract to Measure C.

PROPOSED OPERATING

EXPENDITURE CHANGES
6 COMMERCIAL ST. SOFTSCAPE
(GENERAL FUND)
$30,000

PERSONNEL SAVINGS
(GENERAL FUND)
($30,000)
Reappropriatefunding from Finance and Administration Department personnel savings to Commercial Street Project for softscape improvements.
7 AMERICAN RESCUE PLAN ACT
$70,000
Request for an appropriation of $70,000 to
immediately advance several issues
pertaining to the Wildfire Tax
Implementation Plan. These funds have
alreadybeen receivedby the City.

PROPOSED OPERATING

EXPENDITURE CHANGES

PROPOSED OPERATING

EXPENDITURE CHANGES
8 PARKS & REC – CAPITAL OUTLAY
(GENERAL FUND)
$6,962
PARKS & REC. – FIXED ASSETS
(GENERAL FUND)
($6,962)
Reappropriatefunding from Parks and Recreation Department Fixed Asset line-item account to Parks and Recreation Department Capital Outlay line-item account for purchase of pool lounge chairs and commercial refrigerators.
9 PROPOSED OPERATING

EXPENDITURE CHANGES
Department Transfer In Transfer Out
City Manager $3,230 (General Fund)
Finance and Admin $50,922 (General Fund)
Fire $3,230 (General Fund)
Police $3,230 (Prop 64 Fund)
$3,230 (Measure C Fund)
Planning $3,230 (General Fund)
Public Works $11,734 (General Fund)
$673 (Measure M)
Parks & Recreation $5,006 (General Fund)
Water $6,594 (Water Fund)
Wastewater $10,765 (Sewer Fund)

FINANCIAL AND/OR

POLICY IMPLICATIONS
10 GENERAL FUND

APPROPRIATIONS
$0

GENERAL FUND

REVENUES
$68,065
 Net Positive Effect on General Fund = $68,065
 No Further Supplemental Appropriations Anticipated

ARPA FUND

APPROPRIATIONS
$70,000

GAS TAX FUND

REVENUES
$7,913

PROPOSED ADJUSTMENTS

TO PART-TIME PAY SCALE
 PARKS AND RECREATION PART -TIME PAY SCALE
 Minimum Wage increased in California to $16/hour
 Hourly rates adjusted to:
 Reflect increase in minimum wage
 Remain competitive with YMCA pay rates at the Grass
Valley pool (City’s competitors for these positions)
11 ITEMS FOR FUTURE

CONSIDERATION
 AMERICAN RESCUE PLAN ACT (ARPA)
 City Received Two Distributions Totaling $753,068
 Will be Used to Offset Lost Revenues Due to COVID
 Recognized Full Amount as General Fund Revenue
 Additional ARPA Monies to be Appropriated in the Future  As part of FY 2024-25 Adopted Budget or Earlier
 Will Address Approved Strategic Plan Goals
12 RECOMMENDED ACTION
 Conduct the Public Hearing; and
 Adopt Resolution 2024 -05 amending the FY 2023 -24 City budget.
 Adopt Resolution 2024 -06 amending the Parks and Recreation Part-time Pay Scale
13 CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 07
Subject: Consideration of a Facility Use Application for the Bandshell and Portions of Pioneer Park by the Miner’s
Foundry, Including an Extended Hours Request, for the Jerry Bash Celebration on August 3, 2024.

From: Dawn Zydonis, Parks & Recreation Manager
Date: February 28, 2024
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Approve the application and extended hours request.

ISSUE STATEMENT AND DISCUSSION:

At the regular scheduled meeting on February 23, 2022, the City Council adopted updated Facility Rental Policies for rental of facilities at Pioneer Park. These policies state that if a renter would like to rent a facility with an exception to any of the policies, the event will need to be approved by City Council at least 90 days prior to their rental date.

The Miner’s Foundry has scheduled the Jerry Bash Celebration at Pioneer Park on August 3, 2024. They are requesting a policy exception for the limit of 4 hours of consecutive music. The Jerry Bash Celebration has historically played music from 2-10pm.

The following event details were provided by Miners Foundry employees.

Timeline:

August, Friday 2nd
Set-up time: 9am - 4pm
August, Saturday 3rd
Sound check: 10am - 12pm
Gates to public open: 2pm
Music ends: 9:59pm
Clean Up Ends: 12am
Description:

The Miners Foundry is pleased to present the 28th Annual Jerry Bash Celebration on Saturday, August 3, 2024 at Pioneer Park in Nevada City. Jerry Bash is a community celebration of the music of the Grateful Dead and Jerry Garcia’s birthday featuring music, food, libations, art, and vendors. The anticipated attendance is 900+.

City staff recommend that you approve the request for extended hours for this event. While the event does have an impact on neighbors and the park, it has also been a community favorite. Miners Foundry has always been a responsible renter; cleaning the facility as required and providing security for the event.

FINANCIAL AND/OR POLICY IMPLICATIONS:

An approval of the event by the Council confirms that the event can have amplified music from 2-10pm.

There are no other exceptions to the rental process. Miners Foundry will complete a Facility Rental Contract, provide proof of insurance as required, and pay the applicable fees.

STRATEGIC PLAN ALIGNMENT:

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

ENVIRONMENTAL CONSIDERATIONS:

None
LEGAL REVIEW:

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

ATTACHMENTS:

Facility Rental Policies
1 Nevada City Parks & Recreation
Facility Rental Policies
Contact Information:

For questions or information:

Phone #: 530-265-2496 x124, www.nevadacityca.gov
During Use of the Facility:

If there is an urgent issue and you need assistance during your rental, contact the following:

City Hall: 530-265-2496 x100 (during business hours)
Dispatch: 530-265-7880 (non-business hours)
Facility Addresses (Do NOT mail anything to these addresses.):

Pioneer Park – Bandshell: 421 Nimrod St, Nevada City, CA 95959 Pioneer Park – Picnic Areas: 425 Nimrod St., Nevada City, CA 95959 Pioneer Park – Seaman’s Lodge: 427 Nimrod St, Nevada City, CA 95959 Before Using a Facility
The following items are required prior to having access to the facility you are renting. If items are not turned in by the required due dates, your event will be cancelled. Details about each checklist item below are included in the Policies. Fees are available on the City’s Master Fee Schedule and can be confirmed with City staff.

Non-Refundable Deposit to reserve rental date: Due within 48 hours of requesting your date.

Completed Contract: Due 40 days prior to event date. It is recommended to turn it in sooner, so all questions and concerns can be addressed.

Rental Fees, Refundable Security Deposit & any additional fees: Due 30 days prior to event date.

Proof of Insurance: Due 30 days prior to event date.

Large events, events open to the public or events with amplified sound may require a preevent meeting. Pre-event meetings with City staff must take place at least 60 days prior to the event date. The purpose of the meeting is to discuss special needs & set-up information, confirm fees, and discuss event details.

ABC Alcohol Permit (if selling alcohol): Copy of the Permit is due to the Recreation Department prior to being allowed access to the facility.

Events that are running past 9:00pm must notify neighbors at least 30 days prior to your event date.

If you would like to rent a facility with an exception to any of the policies in this document, your event will need to be approved by City Council at least 90 days prior to our rental date.

Insurance
• Proof of insurance is required from all Renters. A current and valid certificate of General Liability Insurance must be provided, in the amount of $1,000,000 and an endorsement (CG2026 or equivalent) naming the City of Nevada City 317 Broad St. Nevada City, CA 95959 (not the facility) as additional insured. Proof of Insurance must be provided at least 30 days prior to the rental date. A sample copy of the required insurance is available on the City’s website.
(More Insurance information on page 2.)
2 • If you are renting the Bandshell or another outdoor area at Pioneer Park and your event will have more than 400 attendees/participants, a $2,000,000 limit is required. • If you will have a bounce house at your event, the bounce house company must also provide proof of insurance naming the City of Nevada City as additional insured.

Payments
• Cash and Check payments should be made payable to: City of Nevada City and delivered to City Hall, Attn. Parks & Recreation; 317 Broad St., Nevada City, CA 95959. Write “Parks & Rec” on the memo line. When coming into City Hall, it is the Renters’ responsibility to know what fees are due as Parks & Recreation staff are not always available and City Hall staff do not have access to this information.
• Recreation staff will email an invoice to the Renter for the non-refundable deposit and all other fees. Payments can be made online. A convenience fee will be added to your total for online payments.
• The Non-refundable Deposit is due within 48 hours of reserving your event date. This will be credited towards your rental fee. If a rental is allowed within 30 days or less of the rental date, the rental fee will include the Non-refundable Deposit. • Rental fees and any additional fees are due at least 30 days prior to the rental date. • The Refundable Security Deposit is due at least 30 days prior to the rental date. If the Rental Policies are followed, the facility is cleaned as directed, and the key(s) are returned the Security Deposit will be refunded to the Renter within 30 days of the event or 30 days after the facility key(s) are returned. This refund will be in the form of a check that will be mailed to the name and address provided on the Facility Rental Contract. • Refunds for cancellations will only be granted up to 30 days prior to the event date, minus the Non-refundable Deposit.
• If forecasted foul weather (rain, smoke, lightning, etc), scheduled power outages or changes in COVID-19 guidelines cause a cancellation of the event, Renters may request a 50% refund of their Rental Fee or transfer fees to another date. There are no refunds or date transfers if foul weather or a power outage interrupts your rental. If another date is not available or a date is not available that works for the Renter, the Renter will receive a 50% refund. • All Rental Contracts that involve ongoing or repeated events for more than a single occasion will be invoiced quarterly and charged a late fee for each month that fees are late. • If rental fees are waived by City Council, renters are still required to complete a Rental Contract, provide proof of insurance, pay the Refundable Security Deposit, and follow all Facility Rental Policies.
• Refer to the City’s Master Fee Schedule for all fees.

In Addition:
• The Contact Person, named on the contract, must be at least 21 years of age and monitor the facility throughout the entire rental.
• If alcohol will be sold at the event, the Renter is responsible for acquiring a Daily License from ABC (www.abc.ca.gov or call 916-419-1319). You must get a signature from the Recreation Dept. and the Police Dept. Plan ahead to give time to acquire the appropriate signatures. The Police Dept. charges a fee for processing Daily License requests. A copy of the permit must be provided to the Recreation Dept.
• If you would like to drop off supplies the day before your event or pick-up supplies the day after your event, those dates and times must be included in your Rental Contract and Proof of Insurance. Additional fees apply.
3 During Use of the Facility
• The Renter is responsible for alcohol consumption by event guests. If alcohol is being sold, the Renter is responsible for enforcing and following all ABC regulations. • No rice, birdseed, glitter, or confetti can be used inside or around the facility. • No tape of any kind is to be used on floors and walls inside Seaman’s Lodge. • Painter’s tape or Gaff tape can be used at all other facilities. • No tacks, nails or staples are to be put in the walls at any time. • If guidelines are not being followed police or facility management have the authority to shut down the event. There are NO refunds on Fees or Security Deposit if an event is shut down. • If Renters do not comply with all Facility Policies, the Security Deposit will be retained, and the Renter may be banned from renting City facilities in the future. • Smoking is not allowed inside City facilities, anywhere in Pioneer Park per Municipal Code section 8.24.010. Renters are responsible for enforcement of this rule. Posting of signs is encouraged for large events.
• Any event charging admission or asking for donations must be a licensed non-profit in good standing with the CA Secretary of State.
• The procedure for monitoring noise levels is provided in Section 8.20 of the City’s Municipal Code.
• If there is an urgent issue and you need assistance during your rental contact the following:

City Hall: 530-265-2496 x100 (during business hours)
Dispatch: 530-265-7880 (non-business hours)
• Any music, loud voices & other noise must be terminated by the appropriate time for the facility that you are renting. Exceptions must be approved in advance, by City Council.  Bandshell: 10:00pm; An exception will be made for movies in the park, as it is understood that it needs to be dark before a movie can start. Movies with a running time longer than

2.25 hours will not be approved.
 Seaman’s Lodge: 11:00pm
 Picnic Areas or other outdoor spaces at Pioneer Park: 9:00pm Public Events, Amplified Music, or Large Events
• Events that are requesting an exemption from any policies must be approved in advance by City Council.
• Events that are open to the public and/or having amplified sound, are only allowed at Pioneer Park on Friday’s, Saturday’s, Sunday’s, and Holidays.
• The procedure for monitoring noise levels is provided in Section 8.20 of the City’s Municipal Code. The City reserves the right to modify the limits should it be determined the limit applicable to amplified sound is either too restrictive or too lenient. A City Liaison may be on site during the sound check time and during the event to monitor sound levels and will inform event planners if changes need to be made. The sound meter used by this City employee will be the deciding factor for any adjustments to sound. Additional fees may apply for Amplified Music Events.
• Events with amplified music may play recorded music for ½ hour prior to their event. No music, live or recorded, can be played after the 4-hour limit or past the designated end time.

Sound check times must take place during the time indicated on the Rental Contract. • Events open to the public, having amplified music or expecting more than 200 people are encouraged to have security on site during the event. Security personnel should be independent certified personnel. The City reserves the right to require security personnel. 4 • Events open to the public, having amplified music/sound or expecting more than 200 people are required to provide to the City a flyer/marketing materials and a link to any related websites. Electronic copies of the flyer are preferred. • Events open to the public should share parking information provided on page 9. • If guidelines are not being followed police or facility management have the authority to shut down the event. There are NO refunds on Fees or the Security Deposit if an event is shut down. Renters who have their event shut down will not be allowed to rent in the future. • Renters must provide a map showing the layout/set-up of the event. • Renters may be required to have a pre-event meeting with City Staff at least 60 days prior to your event date.
• Events running past 9:00pm, must notify neighbors at least 30 days prior to your event date.

Flyers or some form of notification to the neighbors is required. See page 8 for a map of the neighbors that should be included.
• Portable Toilets are required for events with 400 people or more. # of people # of portable toilets required
400 people 2
600 people 4
800 people 6
1,000 people 8
• Events with 400 people or more may be required to provide a 2-yard dumpster or haul off their own garbage.

Additional Information for all Renters
• Outdoor facilities at Pioneer Park are only rented May-October of each year, weather allowing. • The City does not carry a music license. Any renters playing copy righted music must have their own license to play that music for public events. • Keys to the facility must be picked up at City Hall during business hours. An email will be sent letting the Renter know when the keys are ready to pick up. Keys must be returned to City Hall the first business day following the event, unless approved for later drop off. Keys can also be returned to the drop box that is located outside the front doors of City Hall. There is a $100 fee for each lost key.
• Renters may only access the facility during the dates and times listed on their Contract. • All pets must be on leashes. Pets are not allowed inside City facilities unless they are a service animal or part of a training class at that facility. • Items lost or left behind are not the responsibility of the City of Nevada City. • Renters must provide their own supplies & equipment (i.e.: presentation, audiovisual, extension cords, etc.)
• In the event that the Rental Contract provides for ongoing or repeated events using the facility for more than a single occasion, either party may terminate the Rental Contract at any time by giving two weeks advance written notice. Processing fees may apply. If Renter is in violation of Rental Policies, the City reserves the right to cancel at any time. • There may be other events taking place at Pioneer Park on the same day or time as your event. You can find out about some of these events by checking the City’s online reservation calendar: http://www.nevadacityca.gov/facilityview.aspx?fid=43&catid=564, NC Little League website:
http://nevadacitybaseball.com/Org/Home.aspx?d=uSrmLaewjHFDP7ndqSIS%2bw%3d%3d, or calling the swimming pool during the summer season (530-265-8223). 5 Before leaving the Facility
• Cleaning Checklist items must be completed (See facility specific pages). • The premises shall be cleaned and vacated by the appropriate time for the facility that you are renting:
 Bandshell: Midnight
 Seaman’s Lodge: Midnight
 Picnic Areas or other outdoor spaces at Pioneer Park: 11:00pm • Renters that do not follow Facility Rental Policies will forfeit their Refundable Security Deposit.

Renters may also be charged an additional $30 per hour for City staff cleaning time or the cost to replace missing items.
6 Bandshell
Facility Specific Information
• There should be no vehicles on the lawn at Pioneer Park. Renters will be charged $50 per broken sprinkler head and will lose their Security Deposit if the lawn is damaged. • Event activities may not block tennis court parking lot unless approved in advance. • Renters will be given a key to the gate located next to the tennis courts. This access road is to be used for loading and unloading only. Renters and their participants should not park inside the gate. The service road (entrance from the tennis courts) must remain clear during set-up, clean-up, and during the event for emergency vehicle access. • The City does not recommend using the steep driveway to the right of the Bandshell. • Do not leave the lock unlatched. A missing lock will cost $100 of your Security Deposit. • 6 garbage cans & 6 recycle containers with bags are included with rental. • 4 handicap parking barricades are included with rental. • 10 construction barricades are included with the rental. • A map showing the field area that is included with a Bandshell rental and a diagram of the electrical outlets is on page 7.

CLEANING CHECKLIST FOR RENTERS
 Sweep or pick up any debris & garbage inside the Bandshell, on the stage and around the facility, including the field area included with your rental.  Return all items inside the Bandshell to the location where you found them (barricades, garbage cans, recycle bins, etc)
 Empty and clean the refrigerator.
 Turn off power to outside outlets & lights. Instructions are posted inside the Bandshell. Do not adjust the breaker for the sprinkler system.
 Take full garbage & recycle bags to the dumpster next to Seaman’s Lodge. If garbage or recycling dumpsters are full, renters must remove the bags from the park. Leaving bags, boxes, etc next to dumpsters or at the Bandshell will result in the loss of your Security Deposit.  Remove all signs that were posted to direct the public or guests to your event.

ADDITIONAL CLEANING CHECKLIST FOR GROUPS LARGER THAN 200 PEOPLE  Portable Toilets and rented dumpsters must be picked up by 10:00am on the first business day following your event or at a time approved by City staff.  Barricades must be returned to the City Maintenance Yard on the first business day following your event or at a time approved by City staff.
 All personal items must be removed from the Bandshell by the clean-up end time listed on your Facility Rental Contract.
 Areas beyond the Bandshell that may have been used by participants at your event should be checked for messes that you can clean before leaving the park.  These are community facilities. Fees are kept low by expecting each person and group who uses the facilities to be good stewards and clean up after their use. Keep in mind that the way you leave the facility is how the next renter or the public is going to find it. If you have any questions about where to find cleaning supplies, please ask in advance of your use. 7 8
Neighbors along the highlighted streets must receive notification of events open to the public that are running past 9:00pm. This notification must take place at least 30 days prior to your event date.
9 10
Picnic Areas
Facility Specific Information
• Renters will be given a key to the gate at Picnic Left & Picnic Right Areas. (No keys are required for use of the Upper Picnic Area or Tennis Court Picnic Area.) In Picnic Left this is for loading & unloading purposes only. Renters & participants should park in designated parking lots. In Picnic Right there are approximately 5 parking spaces near the horseshoe pits. • Do not leave the gate lock unlatched. A lost lock will cost $100 of your Security Deposit. • Power and water are available at Picnic Left & Picnic Right. • Renters may request use of Bocce Ball or Petanque equipment with their rental. • Access to electricity in the picnic areas is available on page 11.

Facility Information:

Picnic Tables
• Picnic Left & Right: There are approximately 12 picnic tables in each area. • Upper Picnic Area: Typically, there are 5 tables in this area. • Tennis/ADA Area: 3 tables

CLEANING CHECKLIST FOR RENTERS
 Pick up all garbage in and around the Picnic Area and place it in garbage cans.  All garbage bags must be in the garbage cans.
 Turn off power breakers.
 Recycling & garbage dumpsters are located next to Seaman’s Lodge if garbage will not fit in cans provided. If garbage or recycling dumpsters are full, renters must remove the bags from the park. Leaving bags, boxes, etc. next to dumpsters or on the ground next to garbage cans will result in the loss of your Security Deposit.
 Remove all signs that were posted to direct the public or guests to your event.  These are community facilities. Fees are kept low by expecting each person and group who uses the facilities to be good stewards and clean up after their use. Keep in mind that the way you leave the facility is how the next renter or the public is going to find it. 11 12
Seaman’s Lodge
Facility Specific Information • The building has heat and AC. Instructions for turning on the heat/AC are located on the wall next to the thermostat.
• Instructions for turning on the stove/oven are posted on the kitchen wall.

Facility Information
Room Capacities Items Available for Renter Use
257 assembly 6ft & 8ft, Rectangle Tables
120 dining Metal Folding Chairs
Podium
Microwave
Rolling Cart
Screen (10’ wide x 7’ tall)

CLEANING CHECKLIST FOR RENTERS

GENERAL CLEANING CHECKLIST
 Put all chairs and tables back in their appropriate spaces.  Wipe up any spills on tables, chairs, and floors.
 Sweep floors. If there are any spills, wipe them up with a cloth.  Mop floors using water only, no cleaners or chemicals.  Remove all decorations, string, etc. that were used to hang decorations.  Empty trash & recycling containers and place in the dumpster outside. *  Cardboard should be broken down flat and placed in the dumpster outside. *  Turn off all lights and fans.
 Close and lock ALL windows and doors.
 Close all outside shutters.
 Remove all signs that were posted to direct the public or guests to your event.  Helium balloons left floating on the ceiling will cause you to loose your security deposit.

KITCHEN CLEANING CHECKLIST
 Remove all food from the refrigerator and oven. This includes bags of ice. Wipe up any spills inside the refrigerator and freezer.
 Wipe off stove burners & the tray under stove burners.  Wipe out oven – remove any food scraps or spills.
 Clean counter tops and sinks
 Clean any spills on cabinets or walls.
 Turn off gas to stove & oven (Directions are posted in the kitchen.)  Sweep & mop floor.
 Empty garbage. * If items miss the bag and spill into the garbage can, wipe out garbage can. * All garbage and recycling must be removed from the facility and placed in the appropriate dumpster. If either dumpster is full the renter must dispose of the garbage and/or recycling on their own. Garbage & recycling may not be left on the ground next to the dumpster.

These are community facilities. Fees are kept low by expecting each person and group who uses the facilities to be good stewards and clean up after their use. Keep in mind that the way you leave the facility is how the next renter or the public is going to find it. If you have any questions about where to find cleaning supplies, please ask in advance of your use.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 08
Subject: Annual Review for the Renewal of Ordinance No. 2022-05 Continuing the Current Military Equipment Policy in Use Within the Nevada City Police Department, Covered
Under Policy Nevada City Police Department Policy 705.

From: Dan Foss – Chief of Police
Date: March 4, 2024
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: After reviewing and considering Ordinance No. 2022-05, approve the ordinance for continued use as Nevada City Police Department Policy 705.

ISSUE STATEMENT AND DISCUSSION:

California Assembly Bill 481 (AB 481) went into effect on January 1, 2022. It required cities to adopt a policy by way of an ordinance establishing military equipment use before using, purchasing, raising funds for, or acquiring military equipment. On April 7, 2022, the City Council approved a resolution adopting an ordinance/policy per AB 481. As required, a public hearing was conducted on April 13, 2022, and the policy was implemented.

The Nevada City Police Department currently has some gear designated as military equipment. Specifically, the Nevada City Police Department purchases and is trained in using “bean bag shotgun rounds.” These are defined as kinetic ammunition and fall under AB 481 as military equipment. Bean bag rounds are a less lethal option to be used if needed and applicable to the situation. Nevada City Police Department has not used any kinetic rounds since the implementation of this policy last year and has not purchased any new rounds.

AB 481 requires the governing body to review the approved ordinance/policy annually and either approve or disapprove for an additional year. The Nevada City Police Department will work with the Policing Comity to hold a community engagement meeting, as required under AB 481, within 30 days of this approval. The Policy is currently posted on the front page of the Nevada City Police Department website.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiatives of Engagement: community engagement and communications with stakeholders as well as Technology: using, upgrading, and leveraging the strengths of technology to enhance the work of the city.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Ordinance 2022-05 - Policy 705 Military Equipment
 Annual Military Equipment Report

Annual Military Equipment Report
Item Purchased Used
12 Gauge Shotgun Bean Bag Rounds 0 0
The Nevada City Police Department has not purchased or used any bean bag rounds since the inception of AB 481. This is the only item related to AB 481 and designated as Military Equipment utilized by Nevada City PD. The Nevada City Police Department received no complaints or concerns about items designated as Military Equipment. The Nevada City Police Department currently has approximately 50 bean bag rounds in stock.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 09
Subject: Consideration of the Selection of Seating and Planter Elements to be Installed on the Commercial Street
Reconstruction Project.

From: Lisa McCandless, City Planner
Date: August 15, 2023
Reviewed & Approved:

City Manager: STG

City Attorney:

Recommended Action: Receive a presentation and provide direction on softscape elements to be procured and installed for the project.

ISSUE STATEMENT AND DISCUSSION:

At the August 23, 2023, meeting, the City Council approved staff to take a new path for the Commercial Street softscape elements. The new path addresses the issues with the previous process, which was very broad, did not account for the businesses interest in on-sidewalk amenities (sidewalk dining encroachment), and did not account for the site constraints that limit the placement of various features including ADA path of travel and the maintenance and watering of greenery.

At the December 21, 2023, meeting, the Planning Commission evaluated material choices for softscape elements for Commercial Street softscape project and provided informal recommendations to staff with regard to the materials and dimension of potential seating and planter options. A public workshop was held on Commercial Street on January 9, 2024, to provide information on the process, showcase elements, and design of the project, and to collect public input. There were 15 attendees and the workshop lasted approximately 1-1/2 hours. Notes from the meeting were collected and provided as part of the process. On January 18, 2024, the Planning Commission received a presentation from the City Planner including a proposed plan for seating and planters using a color-coded opportunity zones map which shows areas that are constrained or more open. The proposed plan (attached) is scaled back from the higher number of seating and planter amenities that were supported by businesses on Commercial Street. The commission took the following actions:

The recommendation to the City Council for the benches include:
• One backed bench next to the building at Kiya’s Naturals store • One backed bench next to the building at Nevada City Crystal and Glass Shop • One backed bench located next to the building at Three Forks restaurant • One backless bench located near the curb at Three Forks restaurant • Request to update our Outdoor Dining Standards to allow for benches • All benches to be black steel style
The recommendations to City Council for the planters include the following:
• Allow the Planning Commission and staff to work on guidelines for sidewalk encroachment for planters.
• Consider creating a program where we consider other locations throughout the downtown business district.

In effect, the commission recommended the installation of four benches and recommended against the installation of planters on the sidewalk by the City. The design presented to the commission in January has been revised to show benches in the preferred locations. The planter locations have been adjusted based on commission feedback and concerns addressed at the meeting and are still included in the design (five planters).

Staff recommends purchase of the four benches that are currently included on the map (with placement as preferred by the commission). Staff also recommends approval for staff to commission having five custom planters made of wood and steel (a preferred style by the commission at their December meeting). A design has been created and local businesses have been engaged to assist in construction of the boxes. Staff intends to build the self-watering planter components into the planters using our own forces in lieu of purchasing the pots from a vendor but may pivot if needed.

The elements would be installed as soon as practical and ideally the planters (if approved) would be planted before summer to be able to have full grown plants this summer. The Chamber of Commerce would be engaged for planting selection as previously presented to the City Council.

A Nisenan influenced element or elements integrated into the project has not been determined but is desired.

Staff recommends that whichever plan the City Council select, that the Nisenan be consulted for their recommendations within the selected plan elements.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Funding sufficient for the staff generated seating and planter plan was included as an appropriation in the mid-year budget considered on the March 13, 2024, City Council agenda.

STRATEGIC PLAN ALIGNMENT:

This action is aligned with the strategic initiative of Infrastructure: Parking, Roads, Right-of-Way, and other public and contracted infrastructure. 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:
 Planning Commission Staff Report and Attachments from the January 18, 2024, Meeting City of Nevada City
TO: Planning Commission
FROM: Lisa McCandless, City Planner
MEETING DATE: January 18, 2023
RE: Commercial Street Softscape Planters, Benches, and Placement ATTACHMENTS:

1. Workshop Notes

2. Nevada County Historical Commission Comments and Photos

3. Workshop Notes from October 27, 2022

4. Site Level Design

5. Opportunity Zones Map

6. Existing Conditions Photos

7. Photos and Example Board

8. Earth Planter Spec Sheet
BACKGROUND: At their August 23, 2023 meeting, the City Council approved staff to take a new path for the Commercial Street softscape elements. The new path addresses the issues with the previous process, which was very broad, did not account for the businesses interest in onsidewalk amenities (sidewalk dining encroachment), and did not account for the site constraints that limit the placement of various features including ADA path of travel and the maintenance and watering of greenery.

A workshop occurred to evaluate placement of softscape elements within the streetscape on January 9, 2024 to gather further input from merchants, the Planning Commission, and community members. A design has been created that takes into consideration the input from the commission, city staff, and the community. Staff is requesting that the Planning Commission evaluate further the design elements of the project and their proposed and potential placement. It is expected that A finalized plan will be brought for the City Council’s consideration which will likely occur in February 2024.

DECEMBER PLANNING COMMISSION MEETING: At the December 21, 2023 meeting the Planning Commission evaluated material choices for softscape elements for Commercial Street softscape project. A few notes from the meeting and comments made by commissioners include the following:
• Commissioner VanZant requested to continue the item to a future meeting stating that the Nevada County Historical Society could not be present and also that without a placement map choosing finishes, style, and sizes was infeasible. • Commission made a ground rule of no plastic or composite material shall be visible (if planters are desired they will be enclosed with a natural material). • The commission generally agreed that the look of a wood planter with steel edging and feet or an all steel planter made of welded sheets of steel with angle iron corner steel and legs was preferred.

Commercial Street Softscape Elements
12-21-2023 PC Staff Report

Page 2 of 3 ends

City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 • Commission made comments of not favoring the tapered look for planters. • Some commissioners liked the round steel planters in the handout, but others thought they looked modern.
• Commissioner Cobden prefers a look that is not kitschy and more unique. Feels that we have an opportunity to do something special with this project. • Chair Nigh described the wood and steel planter as “an elegant take on a mine esthetic with a welded timber look that is durable”.
• Option for a rustic look could be created with an oxide stain or citric acid (Cobden). • Commissioner Ermshar thinks that squared self-watering style planters would maximize the amount of soil and water that can be used in the planter. • Chair Nigh prefers bench styles that are likely to blend in and are more innocuous. • The commission commented that steel benches match our garbage cans and light posts and that they are sturdy and require minimal maintenance. • The commission also liked the look of a granite legged bench with either a granite top or a wood top and find it to be historically relevant and unique. • Comments were made that the backless benches wouldn’t interfere with the view of the streetscape or buildings.
• The commission requested that staff not further pursue the inclusion of tables at this time as they would be inconsistent with the City’s outdoor dining design guidelines, not needed, and not as flexible as benches.

PUBLIC WORKSHOP: A public workshop was held on Commercial Street on Tuesday January 9 to provide information on the process, elements, and design of the project and to collect public input on the project. There were 15 attendees and the workshop lasted approximately 1-1/2 hours. Notes from the meeting can be found as an attachment to this staff report. This Nevada County Historical Commission provided a letter, bench idea, and historical photos that are attached to the staff report. Planning Commission chair Thomas Nigh could not be present and put his comments in an email which is included also. Notes from the previous workshop led by Amy Wolfson on October 27, 2022 are included as well for reference. A color coded opportunity zones map was created which shows areas that are constrained or more open.

PLANTERS: At this time the City is considering purchasing self-watering planters or possibly making custom ones to accommodate varied sizes. Prior to the workshop mock-up enclosures were created to get a sense of the size and scale of the planters available from Earth Planter brand of self-watering planters. Several sizes are potential options including small, tall, medium, and large. The large planter was not favored at the workshop and does not seem to fit into the design so is not included in the current design.

BENCHES: Several bench styles have been evaluated and included for consideration. The three primary options that were favored at the December Planning Commission meeting are a black steel backed bench, a black steel backless bench, or a granite bench.

NISENAN COMMEMORATIVE FEATURE: The Planning Commission is requested to consider a commemorative feature for the Nisenan Tribe. A few ideas are included in the packet but a round-table discussion on features, placement, and potential materials is requested.

Commercial Street Softscape Elements
12-21-2023 PC Staff Report

Page 3 of 3 ends

City Hall · 317 Broad Street · Nevada City, California 95959 · (530) 265-2496 ENVIRONMENTAL REVIEW: Not applicable for this project as there is no potential for the project to have an effect on the environment.

PLANNING COMMISSION ACTION

1. After considering public comment and reviewing a presentation on the Commercial Street softscape elements and design, make recommendations on finishes, materials, and placement of elements so that staff can further site level design work.

Commercial Street Softscape Workshop Notes
January 9, 2024
Attendees: 15
Lisa introduces project and current design which includes 4 benches and 4 planters. Opens up a roundtable discussion to discuss concerns and opportunities with both materials and placement of the objects on the streetscape.

Kathy Wilcox Barnes-comments on the length of time that the Commercial Street project has been ongoing. So many plans over time. Makes a request to finally finish the project or abort it and leave things the way they currently are. Commercial St was the most historic Street in town. Main Street was lost from the historic feel. Historic District is the bread and butter of the community and that shop owners should be interested in protecting it rather than wanting something for their benefit.

Daniel Ketchum-here once or twice a year defending the historic district. Architectural features fall squarely within the review of architectural requirements for the historic district. Have historical precedence from historical photographs that show that there is not a historically relevant use of the sidewalks and feels that there should be nothing on the sidewalks and would like to have that strongly considered. Closest you can get is a granite bench (historical significance) even though they wouldn’t have been on the street.

Peter Van Zant-states that the two drawings are proposed and that the planning commission has not seen them. Says that viewsheds are important and what you see looking up/down the street as a whole is important.

Laurie Oberholtzer-council wanted to maintain having a street, not a fully pedestrian area. Looking at streetscape from upslope she has concerns that objects/furniture will give Commercial Street a downtown mall feel. She feels the architectural beauty is what should be the focus and feels that the planters are irrelevant, not needed, and should not be included in the project.

Miriam Morris-states that historically trees where everywhere along the street. Streetscape was not spare historically, there was always wares and products on the street and sidewalks. The town was originally extractive, and people didn’t think of relaxing when they were here they just took the money and went back to SF or other places. Not until the 1920’s when Calanan Park was established did the city start to think about benches and amenities; it was a poor community. The community did try to fundraise and start to make improvements with amenities. Making the elements that are added spare are what some people want but not what all people want. Benches provide an opportunity for people to sit and look up at the architecture.

Stuart (chamber)-Comparison with Mill Street and sees that people see movement and evolution in Grass Valley and they are leaving us in the dust. New energy gives people excitement and pride in where they live.

Peter Van Zant-points out that Nevada City hosts many successful events that receive national attention whereas Grass Valley does not. Part of the reason for that is the uniqueness of Nevada City and hence the importance of choosing what is placed wisely.

Teresa (JJ Jackson’s)-street construction was really hard on the businesses as well as the pandemic.

Represents that the merchants were expecting soft elements as the completion of the project. She feels the street looks stark and ready to have a more inviting feel.

Pamela Meek-thinks there should be a compromise on both sides.

Laurie Oberholtzer-re-states how she is opposed to planters entirely and would like for them to be omitted.

At this point Lisa asked the group how many folks were in favor of planters. 7 people voted yes, 3 voted no, and a few people abstained from voting or were not present yet.

Lou Ceci-states that he was hoping for plants with color.

Walter Helvin-points out how groups of students use commercial street and many times with not enough places to sit. He feels that seating and planters make the street look nice. Says we need bike parking. Says he thinks some things about history don’t need to be celebrated and that we need to think about everyone that including visitors.

Steve (toy store)-says that he thinks benches are needed. He lives above commercial street and sees the need daily.

Group talks about what is preferred and unanimously people generally like the benches against the wall of the building better than along the curb. Also, the group felt that backed benches are more comfortable and look good against the building. Benches should keep an open feel if used.

Peter V – requests that elements that already exist be added to the map such as Heartwood outdoor dining and any hanging baskets.

Teresa-would for-go getting a self-watering city provided planter if she could get approval for her planters that she currently uses on each side of the entry to her store.

Rod Brown-stated that he was glad to see the mock-up benches and planters and thinks that it helps to understand the effect of what the elements may bring.

Lou Ceci-looked at the possibility of the bench/planter combo on the wall of the crystal shop (next to Kiya’s Naturals) and believes that a planter on the downslope side is preferrable.

Chuck Durrett-believes that a more comprehensive design is needed to really make the streetscape inviting and functional for people to use them in real, human ways. Such as a u-shaped bench outside of Three Forks.

Once comments were received, several from the group walked around and looked at specific placement options. Pins were given to community members to suggest placement of features.

Specific placement option requests at meeting included:
• A bench with a planter along the building at 3 Forks
• A bench with a planter along the building at the Crystal Shop • Chuck Durrett requested a three-sided bench in which people could sit across from each other to converse
It should be noted that no comments were made stating that there were too many items proposed (although a few requested no planters entirely). There were also no comments stating that more was needed.

From: Thomas Nigh
To: Lisa McCandless
Subject: Re: Commercial Street Workshop
Date: Tuesday, January 9, 2024 8:04:01 AM
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Good morning Lisa,
Unfortunately I can’t attend this morning. I have a regularly scheduled commitment.

My input on any amenities to be installed would always tend toward keeping Commercial Street historic looking, and strongly resisting the urge to “decorate” it into a modern pedestrian mall aesthetic.

From my historic preservation/restoration perspective, if the modern viewer is fully aesthetically comfortable in the setting, this may be evidence that some place-out-of-time sensibility of Nevada City has been lost.

Since each member of the public has their own opinion on what elements need to be added to “complete” Commercial Street, there might be a tendency to add more elements, more intrusively, in order to be responsive to the most activist participants in the process.

Our role as planners, with an overview of the city’s unique aesthetic and therefore economic value, should be seen as maintaining the magic trick of historicity, while also providing some city-provided places to rest and some judiciously placed greenery/flowers, in order to make it enjoyable to spend some time. But if these areas are too comfortable and commodious they become areas where people set up their operations for the day, as was taking place when the “boardwalk” existed.

Beyond the city providing some minimal and unobtrusive amenities, creating a vibrant atmosphere on Commercial Street is up to merchants and other groups.

Thomas Nigh
Nevada City Planning Commissioner, Chair
Please use this email address for all Nevada City business communications On Jan 4, 2024, at 5:07 PM, Lisa McCandless
<[email protected]> wrote:

Hello Commissioners,
I wanted to send a reminder a public workshop for the Commercial Street project at 9:00 Tuesday January 9.

The City plans to encase planters in a steel or wood framed box along the sidewalks or near storefronts (per planning commission feedback). Most likely paired with a bench (in some instances). The direction that we are trending towards can be seen in the images below.

At the workshop we will explore placement of items on the streetscape to see how they actually fit and hopefully get some consensus on placement of the features.

Please plan to attend if you are available. The choices of finish/materials/look are not set in stone and further input would be valuable. Hoping that the weather is clear enough to meet outside on Commercial Street otherwise we’ll meet in council chambers.

I will remind here that this is a public workshop and as such the format will be focused on gathering public input. You are welcome to comment on items and provide input as a community member but we cannot have a normal planning commission “discussion” and I’ll need you to refrain from talking amongst yourselves about the topic outside of the public meeting format (both at the workshop and otherwise).

Layout ideas are coming together as a 2-D map. I will send that to you early next week also. We’ll be reviewing this item at our January 18 meeting so if you can’t attend the workshop next week don’t worry.

Thank you!
Benches:
<image001.png>
Black steel
<image002.png>
Black steel
Granite legs with wood or granite seat
<image003.png>
Planter enclosures:
<image005.jpg>
Steel with side rails/edging and feet (similar look to wood below but with steel), no tapered
effect just straight
<image006.png>
Wood with steel side rails/edging and feet
All wood
Lisa McCandless
City Planner
City of Nevada City
[email protected]
530-265-2496 x130
<image009.jpg>
<image008.jpg>

10/27/22 Workshop Notes from Bryan and Amy
• Several attendees said they would like to see Commercial Street closed more often • Need one or two more trash cans
• lots of plantings - similar to Mirams designs (above ground, moveable) • Hooks needed on street lights for hanging planters (this can be coordinated with public works)
• Walks need frequent pressure washing (similar to what Crazy Horse does on a weekly basis) – a suggestion was made that the City could purchase a pressure washer and make it available to volunteers.
• Chamber of Commerce provided bench ideas
• Good sun in front of JJ Jacksons for tree(s)
• Place a few trees near intersection of Pine/Commercial and sidewalk planters (smaller plantings) for the remainder
• Blank space at wall of Mason’s building (Crystal Shop) - opportunity for public seating / plantings / art
• Another bike rack (small two-space) was suggested for the upper part of Commercial Street
• Backless benches placed perpendicular to street with high narrow planters at end of bench helps deter skateboarders (idea)
• Wrong way signage is obtrusive. Consider one sign instead of two • Allow merchants to put out additional seating when street is closed • 3-5 tree wells (needed more on sunny north side)
• Consider focused seating at the Mason’s windowless wall span (potential art installment space)
• 3-5 benches along the sidewalks
1/3/23: Bryan, Shelly Covert and Amy
Prefers to have Nissenan words and symbology sprinkled throughout, “nothing too loud.” Perhaps a QR code at the Chamber window that interprets the symbology and words. Covert likes the idea of these symbols stamped into the wood and metal fixtures, such as the benches and the planters, and tree grates.
1/4/23: Bryan, Amy, Shane, Rebecca Coffman:

Shane: keep width of bench narrow to discourage sleeping; keep open space beneath furniture to allow for leaf blowing
Need a planter maintenance plan, involve Chamber
Special events will need to set up tents so that they form a walkway along one length of the street, 8 foot tent
METAL FENCED IN PATIO 238 SUSHI-Q 242 CARRINGTON'S FINE WINES 236 SOUL CRAFTS 244 JJ JACKSON 234 TWO LITTLE BIRDS CHILDRENS BOUTIQUE 232 THE RIVER 230 CRAZY HORSE 228 PIZZA JOINT CRYSTAL SHOP 241 KIYA'S NATURALS 239 HEARTWOOD 237 HEARTWOOD 235 THE FERN 211 3 FORKS 246 ROSE MARKET P ADA PARK 8'x20' MAGIC THEATER ENTRY LIGHTPOST TRASH CAN LIGHTPOST LIGHTPOST PLANTER PLANTER PLANTER BENCH LIGHTPOSTBENCH CALIFORNIA OF ã

CITY OF NEVADA CITY
317 BROAD STREET
NEVADA CITY, CALIFORNIA 95959
(530) 265-2496 SITEPLAN C1.2
NEVADA CITY 2 10 PLANTER SIZES: SMALL 27"x27"x20" high (plus 3" feet) TALL 17"x17"x30" high (plus 3" feet) BENCH OPTIONS:BLACK METAL BACKLESSBLACK METAL WITH BACK BENCH BENCH PLANTER PLANTER

METAL FENCED IN PATIO 238 SUSHI-Q 242 CARRINGTON'S FINE WINES 236 SOUL CRAFTS 244 JJ JACKSON 234 TWO LITTLE BIRDS CHILDRENS BOUTIQUE 232 THE RIVER 230 CRAZY HORSE 228 PIZZA JOINT CRYSTAL SHOP 241 KIYA'S NATURALS 239 HEARTWOOD 237 HEARTWOOD 235 THE FERN 211 3 FORKS 246 ROSE MARKET P ADA PARK 8'x20' MAGIC THEATER ENTRY LIGHTPOST TRASH CAN LIGHTPOST LIGHTPOST LIGHTPOST PLANTER PLANTER PLANTER PLANTER BENCH BENCH 4' W/BACK BENCH BENCH PLANTER CALIFORNIA OF ã

CITY OF NEVADA CITY
317 BROAD STREET
NEVADA CITY, CALIFORNIA 95959
(530) 265-2496 SITEPLAN C1.2
NEVADA CITY 2 10 PLANTER SIZES: LARGE SMALL TALL
BENCH OPTIONS:BLACK METAL BACKLESSBLACK METAL WITH BACKGRANITE LEGS WITH GRANITE TOPGRANITE LEGS WITH GRANITE TOP

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: March 13, 2024 Agenda Item No. 10
Subject: Consideration of the Appointment of Jonas Arellanes to the Vacant Youth Public Arts Commissioner Position.

From: Sean Grayson, City Manager
Date: March 3, 2024
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Appoint the youth commissioner.

ISSUE STATEMENT AND DISCUSSION:

On December 14, 2023 the City Council appointed six (6) of the seven (7) Public Art Commissioner positions but deferred appointment of the youth commissioner asking staff to continue to advertise for the vacancy and to refer any applications to the Vibrancy Committee. The Vibrancy Committee has recommended that the City Council appoint Mr. Jonas Arellanes to fill the vacancy.

Chapter 2.38 of the Nevada City Municipal Code establishes the Public Arts Commission and fixes membership to include a youth commissioner who resides in Nevada County, is 16-18 years of age, is appointed by the City Council and serves at the council's pleasure, and does not hold any paid office or employment in the city government. Mr. Arellanes meets these requirements. The youth commissioner position is a two-year term from January 1, 2024 through January 31, 2026 that may be extended an additional two years by the City Council. If appointed, Mr. Arellanes will be sworn in and fill the vacancy at the commission’s April meeting.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Vibrancy: Arts, Culture, & Distinction. Specifically, this action addresses, in part, Goal #6 of the vibrancy strategic initiative, “Evaluate the timing, formation, and mission of a Nevada City Arts Commission”.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

None.

Nevada City Neighbors
3/11/2024
Dear Commissioners:

Please accept these comments on the street furniture plan for Commercial Street.

We appreciate the comments the Planning Commissioners made at their December 21 and January 18 mee�ngs with concern for maintaining the historic look of Commercial Street. On December 21 some of the Commissioners spoke eloquently of the need to maintain its uniqueness. One commissioner said that fake materials “never fool the eye”. No cluter was men�oned frequently. They directed that any street furniture should not be of a modern design and that materials used must have been available during the 1800s. Tables as part of the city owned furniture were not supported. They wanted to minimize and limit the number of items on the sidewalks. And placement of furniture against the buildings and not on the curbs was the preference.

At their final mee�ng on January 18, the Commission narrowed down their decision on benches to recommending 4 benches, all but one against the buildings for aesthe�c and prac�cal reasons. Benches on the north side of the street were not used due to lack of unconstrained space. They did not agree to trees in any planters. And they overwhelmingly supported the idea of non uniform tradi�onal looking plant and flower containers - pots, urns, wrought iron baskets, etc. - unique to each merchant, next to their entrances where there is room.

The aesthe�c and historic value of Commercial Street is defined by its Mother Lode era look which these types of planters would add to rather than matching boxes with matching plan�ngs which is typical of modern street malls. Commercial Street has a charm that has o�en been characterized as reminiscent of the New Orleans French quarter which the use of tradi�onal and varied planters would also reflect.

The picture we have atached of a business street in historic Savannah, which also has a French quarter charm, is an example of how tradi�onal planters could make Commercial Street sparkle.

Unfortunately, a very general mo�on was made calling for “us to work on sidewalk encroachments for planters” because �me was running out on the use of the room. However, we understood that the mo�on assumed that the detailed discussion of the Planning Commission leading to that no�on would guide the staff work on the planters.

Instead, the staff report claimed that “the Planning Commission recommended against the installa�on of planters on the sidewalk by the City.” That Is not correct. Yes. The Commission recommended “NO CITY OWNED PLANTERS AT THIS POINT”. But they did recommend the non uniform and varied merchant planters at their buildings.

This is what the Commission recommended in their lengthy discussion:

1. That unique non-uniform tradi�onal looking planters be used by individual merchants next to their entrances or on their buildings or balconies. This is what the Commission clearly preferred.

2. That simple guidelines would be prepared later for staff to OK individual merchant containers.

3. That city budget savings might be provided to merchants for their costs as an incen�ve to provide their individual unique planters.

4. Staff was not asked to meet with merchants before the final City Council vote, nor was this discussed. The uniform wooden boxes that staff is now recommending were not what the Commission recommend.

In addi�on, we do not think that the two curb side planters shown on the latest plan did not receive Planning Commission recommenda�on.

We were also disappointed that the photos that we presented as part of the record at the Planning Commission were not included in the City Council packet, nor were any January 18, 2024 PC mee�ng notes included for Council review.

We recommend:

We like the tradi�onal bench design chosen at the first mee�ng. Number and placement of benches was discussed at the second mee�ng. We like the placement of the benches against the building walls where they would tradi�onally be located and to reduce cluter and maintain walking area. And we like the Commission’s recommenda�on that non-uniform tradi�onal looking planters be used by individual merchants.

A�er reading the staff report of March for this mee�ng, we recommend the following:

1. Most importantly, the plant container plan should carry out the overall recommenda�ons of the Planning Commissioners:
--No City funded planters at this �me, and
--Allow, encourage, and incen�vize use of individual merchant tradi�onal plan�ng containers next to or on their buildings or balconies with simple guidelines developed for staff ok of the containers.

2. Eliminate the sidewalk next to curb planter boxes shown on the new March 13 design. We do not think the Planning Commission recommended these.

3. Eliminate the “floa�ng” curb bench shown on the new March 13 design.

We hope you will avoid the modern cookie cuter streetscape we see in so many downtown malls.

Sincerely,
Terri Andersen
Laurie Oberholtzer
Allen Poirson
Jennifer Ray
Karla Arens
Bill Larsen
Nancy Weber
Suzanne Koliche
Sandra Miller
Barbara Larsen
Linda Hartman
Trudie Chandler
Bill Newton
Paula Newton

From: Stephen Greenberg
To: Public Comment
Subject: for City Council re 3/13/2024 meeting
Date: Tuesday, March 12, 2024 6:26:05 PM
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To: Nevada City City City Council
From: Stephen & Marianna Greenberg
Re: 3/13/2024 meeting, agenda item 9, “Consideration of the Selection of Seating and Planter Elements to be Installed on the Commercial Street Reconstruction Project” Dear Council,
As in-town Nevada City residents (Turpentine Drive) since 1992, we’ve long supported the idea of lower Commercial Street as a pedestrian-friendly — if not pedestrian-only, which we’d prefer — place. As much as or more than any area downtown, it has been something of a human magnet. A street that attracts folks to walk through, shop (and window-shop), admire buildings, eat, drink, and just hang out for a bit. Is that a good thing? Of course it is! Something to encourage and facilitate? We shouldn’t have to ask! So how do we do that?
Preserve appearance of historical buildings/architecture: check.

Keep vehicle traffic out: check.

Expand the sidewalks: check.

Add public seating: yes, by all means!
Add trees and/or other plants: same, please! (The *first* thing visitors notice about Nevada City, while driving here, isn’t its architecture; it’s the location, as a village nestled in the woods. Without turning Commercial Street back into a forest, we can at least add some meaningful tree/plant life to the scene.)
Neither bench seating nor trees/plants will defeat the dual purpose of preserving a historical town while making it attractive and comfortable for residents, merchants, employees, local visitors, and tourists — as individuals, couples, families with children, and groups. We can — and should — accommodate all who understandably enjoy Commercial Street, without either pretending it’s a private museum or turning it into an ultramodern plastic mall. Let’s recognize and preserve the past, while at the same time moving forward into the future by making the present a comfortable, attractive place to be.

Thanks for considering our input.

Stephen & Marianna Greenberg
From: Green
To: Public Comment
Subject: Opposition to Police Militarization
Date: Monday, March 11, 2024 10:26:47 PM
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On account of agenda item 8, I would like to voice my complete and total opposition to all police militarization. What usage does Nevada City need for bean bag guns, there was a total of 4 "violent crimes" being assault, and as it says in the military equipment report, these bean bag guns haven't been used at all in the last month. There's hardly any crime in this town, there's no need for military equipment. As mayor Fernandez said at the last council meeting, we have a limited budget, why is it being wasted on useless things like this. The Nevada City Police Department is already the most well funded department in Nevada City by far, it's time that we start reconsidering that. There were 56 crimes last month, the vast majority being petty, there isn't a need for militarized police in our community. I ask that you reconsider blindly continuing with this policy, and instead really reconsider the role that police should play, and why they would need things even as small as bean bag guns in the first place.

From: Diana Kordek
To: Public Comment
Subject: Public Comment for 3/13
Date: Tuesday, March 12, 2024 11:18:42 AM
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Hi,
I hope you’re still able to take this public comment despite being past the deadline for submission—apologies for the delay.

Please agendize a ceasefire resolution as soon as possible. Waiting until the facilitated community meeting in April is a major delay. We continue to see profound loss of life due to violence and starvation. How many more lives will be lost by that April meeting? We have an opportunity to stand on the right side of history and join the growing number of cities—big and small—publicly supporting a ceasefire.

Thank you,
Diana K.

Nevada City 3 digit address resident
From: Miriam Morris
To: Public Comment
Subject: Public Comment on the Commercial Street soft elements consideration Date: Tuesday, March 12, 2024 11:50:41 AM
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Dear Council,
Today I was listening to Supreme Court Justices Sotomayor and Barrett discuss how to improve civility and respect in our social discourse. Barrett opined we need to regain the sense of the importance of place, meaning engage in and with the community and not be so isolated in our social media worlds.

Public spaces offer a place for civic engagement. Look at how Robinson Plaza is used by a variety of people now that there are numerous tables and chairs there. Benches placed on sidewalks allow people to rest and others to encounter them, and perhaps engage in discussion. This builds community.

Benches should be durable, attractive, and most of all, functional. To that end, the proposed black steel benches would function best if combined with small trees for shade. I have heard many arguments why trees are not an option, none convincing. A large planter (not self-watering) could support a drought tolerant, heat-resistant tree such as a crape myrtle. The City chooses to assign its workforce to many tasks, some which I feel are unnecessary, and could easily choose to invest in the care of trees. This would not take a lot of time, just regular time and attention, like most things we wish to support.

Lastly, trees, benches, and tables can very well co-exist with historic architecture. We are not in danger of losing any historic designations by including street furniture or even public art in the historic downtown. It is protection and preservation of the historically contributing buildings themselves that determines that.

Thank you for your consideration.

Miriam Morris
Nevada City
From: Stuey
To: Public Comment
Subject: Trees & Benches
Date: Wednesday, March 13, 2024 3:28:39 PM
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As an ‘aging’ NC shop owner, I feel strongly about comfort of our locals and visitors.

We need benches for resting.

We need trees for shade.

Commercial Street gets seriously ‘hot’ during the summer. My previous shop was on Commercial. The street gets uncomfortable to linger on. Trees would be the best asset…. along with benches, to solve the problem.

There are too few available places in which to ‘just rest a spell’… We want to be welcoming to the public. We
want the public to feel they can freely sit and enjoy our lovely City.

Trees enhance our lives..

Let’s continue to ‘enhance our City’.’

SIT/ENJOY/STAY
Thank you,
Stuey
Gray Goose

Nevada City City CouncilMarch 13, 2024

Nevada City City Council
March 13, 2024