GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, August 09, 2022 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com AGENDA
Any person with a disability who requires accommodations to participate in this meeting should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the meeting to make a request for a disability related modification or accommodation.
Mayor Ben Aguilar, Vice Mayor Jan Arbuckle, Councilmember Bob Branstrom, Councilmember Hilary Hodge, Councilmember Tom Ivy
MEETING NOTICE
City Council welcomes you to attend the meetings electronically or in person at the City Hall Council Chambers, located at 125 E. Main St., Grass Valley, CA 95945. Regular Meetings are scheduled at 7:00 p.m. on the 2nd and 4th Tuesday of each month. Your interest is encouraged and appreciated.
This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ.
Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.
Agenda materials, staff reports, and background information related to regular agenda items are available on the City’s website: www.cityofgrassvalley.com. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Grass Valley website at www.cityofgrassvalley.com, subject to City staff’s ability to post the documents before the meeting.
Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.
City of Grass Valley, CA AGENDA August 09, 2022
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order to accomplish business in the most efficient manner.
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. California Department of Insurance services and Safer from Wildfires (Interagency Wildfire Mitigation Partnership) Presentation
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after 5pm will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item. There is a time limitation of three minutes per person for all emailed, voicemail, or in person comments, and only one type of public comment per person. For any items not on the agenda, and within the jurisdiction or interest of the City, please come to the podium at this time. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item is announced. When recognized, please begin by providing your name and address for the record (optional).
CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action but Council action is required to do so (roll call vote).Unless the 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.
2. Approval of the Regular Meeting Minutes of July 26, 2022.
Recommendation: Council approve minutes as submitted.
3. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-68 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)
4. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
5. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
City of Grass Valley, CA AGENDA August 09, 2022
6. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency
7. Appointment of City Councilmembers and Staff to Boards and Commissions Recommendation: Approve Mayor Aguilar’s recommendation appointment of Councilmembers and Staff to various Boards and Commissions.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
8. Public hearing to consider a cost report for both administrative fines and abatement costs and placement of those costs and unpaid administrative fines on the tax roll for 905 W. Main Street.
Recommendation: Adopt Resolution 2022-67 that imposes a special assessment on the tax roll for Assessor’s Parcel Number 029-010-009 for abatement costs and unpaid administrative fines and requests the Nevada County Auditor-Controller collect that assessment for the City.
ADMINISTRATIVE
9. Continuation of Consideration for a School Resource Officer agreement with the Grass Valley School District
Recommendation: Approve the agreement between the Grass Valley School District and the Grass Valley Police Department to provide School Resource Officer services
10. Fire Department Response in Nevada County.
Recommendation: That Council 1) Receive a brief overview of fire department response models within Nevada County and 2) provide direction to staff for additional reviews of fire department response models, mutual support with partner agencies, resilience of services within Nevada County, and potential future challenges.
BRIEF REPORTS BY COUNCIL MEMBERS
ADJOURN
POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, August 9, 2022 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, August 5, 2022.
________________________
Taylor Day, Deputy City Clerk
California Department of Insurance
Insurance Protection for All Californians
For more information us at
at
www.insurance.ca.gov
or call 1-800-927-4357
visit
us
by:
by:
Protecting Consumers
Overseeing insurer solvency
Licensing agents and brokers
Conducting market conduct reviews
Resolving consumer complaints
Investigating and prosecuting
insurance fraud
Providing Services
One-on-One insurance assistance
Assisting with catastrophes
Providing insurance informational guides
Making in person presentations on
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Item # 1.
<"~\ Governor'~Officeofd Research
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CALIFORNIA _ • Commission Public Utilities
Safer from Wildÿres in 1 2 3
Safer from Wildÿres is an interagency partnership between Insurance Commissioner Ricardo Lara and the emergency response and readiness agencies in Governor Gavin Newsom’s administration to protect lives, homes, and businesses by reducing wildÿre risk.
With California experiencing devastating, climate change-intensiÿed wildÿres, homes and businesses need insurance they can rely on.
Commissioner Lara is using every tool available to improve insurance for our communities. Drawing on the direct experience of ÿrst responders and the latest research on wildÿres, the partnership created a consistent approach to reducing risk with a list of achievable and e°ective actions to help make existing homes and businesses safer from wildÿres. The ultimate goal is protecting consumers by reducing wildÿre risk in their communities, making insurance available and a°ordable for all Californians.
This “ground up” approach for wildÿre resilience has three layers of protection — for the structure, the immediate surroundings, and the community — to prevent wildÿres from catching and spreading to other homes and businesses in the neighborhood. • Class-A Fire rated roof
• Maintain a 5 foot ember-resistant zone around a home
(including fencing within 5 feet)
• Noncombustible 6 inches at the bottom of exterior walls • Ember and fire-resistant vents (See Low-Cost Retrofit List, and Chapter 7A)
• Upgraded windows (Double paned or added shutters)
• Enclosed eaves
Protecting the 1 structure Working together as a 3 community • A community should have clearly deÿned boundary and a local risk assessment in consultation with the local ÿre district or state ÿre agency; an identiÿed evacuation route, cleared of vegetative overgrowth, and evacuation plan contingencies; clear funding sources to implement community mitigation activities and meet clear risk reduction goals; and integrated and up-to-date local planning documents pertinent to community wildÿre risk. • Current examples include the Fire Risk Reduction Community designation under development by the Board of Forestry, Firewise USA communities in good standing, and
Shelter-in-Place designations.
Commissioner Lara is working to increase available
incentives for wildÿre safety. To view the list of insurance companies currently offering discounts visit
insurance.ca.gov.
• Cleared vegetation and debris from under decks
• Removal of combustible sheds and other outbuildings
from the immediate surroundings of the home, to at least a distance of 30 feet
• Defensible space compliance (including trimming trees, removal of brush and debris from yard, and compliance
with state law and local ordinances)
Protecting the immediate 2 surroundings
Item # 1.
GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, July 26, 2022 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com
MINUTES
CALL TO ORDER
Meeting called to order by Mayor Aguilar at 7:02 PM
PLEDGE OF ALLEGIANCE
Mark Buttron, Fire Chief, led the pledge of allegiance.
ROLL CALL
PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Council Member Tom Ivy
Mayor Ben Aguilar
ABSENT
Vice Mayor Jan Arbuckle
AGENDA APPROVAL -
Motion made to approve agenda by Council Member Branstrom, Seconded by Council Member Hodge.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Mayor Aguilar
REPORT OUT OF CLOSED SESSION
No closed session.
INTRODUCTIONS AND PRESENTATIONS
PUBLIC COMMENT -
In person public comment by: Robin Davis from GVDA and Greater Grass Valley Chamber Virtual Public comments attached.
CONSENT ITEMS -
There was a change to item number 9 and a reduction to the CPI from 7% to 5%.
Item # 2.
City of Grass Valley, CA MINUTES July 26, 2022
Motion made to approve consent with the noted change by Council Member Branstrom, Seconded by Council Member Hodge.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Mayor Aguilar
1. Approval of the Regular Meeting Minutes of July 12, 2022.
Recommendation: Council approve minutes as submitted.
2. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-62 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)
3. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
4. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
5. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency
6. Revision to Resolution No. 2022-44 That called for the consolidation of general election with Nevada County.
Recommendation: Adopt Resolution No. 2022-61 that revises Resolution No. 2022-44 to include the reimbursement of the County of Nevada for the services performed on behalf of the City for the General Municipal Election on Tuesday, November 8, 2022, for the election of two City Council Members.
7. 2022 Fueling Station Construction Project– Authorization to Award Contract Reccomendation: That Council 1) award a contract for the 2022 Fueling Station Construction Project to GEMS Environmental Management Services, Inc, 2) authorize the Mayor to execute the construction contract, subject to legal review and, 3) authorize the City Engineer to approve construction change orders for up to 10% of the contract amount.
8. CalOES Funding Agreements – Approve Authorized Representatives Recommendation: That Council adopt a resolution designating the City Manager and City Engineer as the authorized representatives to engage with the California Governor’s Office of Emergency Services (CalOES)
9. Annual Approval of the Consumer Price Index (CPI) Adjustment to the Special Emergency Medical and Fire Response Tax.
Recommendation: That Council 1) Approve a rate increase to the Special Emergency Medical and Fire Response Tax of 7.0% based on the December 2021 CPI. 2) Adopt Resolution 2022-64 requesting that the Nevada County Auditor place the adjusted special tax on the FY 22/23 property tax rolls.
Item # 2.
City of Grass Valley, CA MINUTES July 26, 2022
10. Second Reading of Ordinance #817, Amending sections 9.08.030 of Chapter 9.08 of Title 9 of the Grass Valley Municipal Code regarding offenses against Public Peace and Decency
Recommendation: Hold a second reading by Title Only and Adopt Ordinance #817, Amending sections 9.08.030 of Chapter 9.08 of Title 9 of the Grass Valley Municipal Code regarding offenses against Public Peace and Decency
11. Grass Valley Management & Supervisory Professional & Confidential Employees – Unit 1 Memorandum of Understanding – July 1, 2021 – June 30, 2023 Recommendation: Adopt Resolution No. 2022-66 approving the Labor Memorandum of Understanding for a one-year period beginning July 1, 2022 through June 30, 2023 between the City of Grass Valley and the Grass Valley Management / Supervisory Professional & Confidential Employees Group (Unit 1).
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
12. CDBG Memorial Park Public Facilities Improvement Project – Program Amendment for Program Income Expenditure Increase.
Recommendation: That Council convene a public hearing and authorize a Community Development Block Grant (CDBG) program budget amendment to allocate additional Program Income (PI) towards the CDBG Memorial Park Public Facilities Improvement Project and adopt Resolution 2022-65.
Lance Lowe, Principal Planner, gave presentation to the council.
Council clarified that the amount of this project has not changed this is just freeing up Measure E funds.
Virtual Public comment attached.
Motion made to convene a public hearing and authorize a Community Development Block Grant (CDBG) program budget amendment to allocate additional Program Income (PI) towards the CDBG Memorial Park Public Facilities Improvement Project and adopt Resolution 2022-65 by Council Member Hodge, Seconded by Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Mayor Aguilar
ADMINISTRATIVE
13. Consideration of a School Resource Officer agreement with the Grass Valley School District
Recommendation: Approve the agreement between the Grass Valley School District and the Grass Valley Police Department to provide School Resource Officer services Alex Gammelgard, Police Chief, gave presentation to the council and Andy Withers, the Superintendent of Grass Valley Schools was available for questions.
Item # 2.
City of Grass Valley, CA MINUTES July 26, 2022
Councilmember Branstrom, Ivy, and Mayor Aguilar discussed the benefits of a School Resource Officer but also what could the city do to help the disadvantaged homes outside of schools. Council Member Hodge does not like the idea of putting an armed officer in Schools and think the resources should go into counselors and phycologists.
Virtual public comments attached.
In person public comment from Robin Davis.
Council decided to continue the discussion to a meeting in August.
14. Countywide Sales Tax for Emergency Services
Recommendation: That Council 1) discuss the proposed countywide sales tax increase for emergency services, focusing on vegetation management, and 2) provide direction to staff.
Tim Kiser, City Manager, and Mark Buttron, Fire Chief, gave presentation to the council. Trisha Tillitson, Craig Griesbach, and Arial Lovett from the County of Nevada were available to answer questions.
Council discussed the lack of public involvement and discussion, the amount the City would be receiving, the lack of acknowledgement to the need to address Fire responses issues that our county is facing, and the green waste program.
In person Public Comment: Terry McAteer, Robin Davis, Scott Beasley 5 minute break taken at 9:08 pm. Meeting resumed at 9:14 pm.
Virtual Public comments attached.
Council would like to see a Sunset period of 8 years, Proportionate tax to population, a Citizen oversight committee and would like to have a fixed amount of money that will be utilized to help support the fire agencies districts.
The Council would also like to request a joint town hall meeting with all boards to discuss in a public forum the proposed tax prior to the board of Supervisors meeting on August 9th.
BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Ivy had nothing to report. Council Member Hodge attended Thursday Night Market and urges everyone to continue to shop local. Council Member Branstrom visited Costa Rica, attended a Chambers Community Affairs Committee meeting, and attended the Thursday Night Market. Mayor Aguilar gave a presentation at the Suns of Retirement meeting, and attended the Mayors Manager Meeting, a Ground breaking for Habitat for Humanity. He will be looking forward to the National Night out on August 2nd.
ADJOURN
Meeting adjourned at 9:34 pm.
__________________________________ __________________________________ Ben Aguilar, Mayor Taylor Day, Deputy City Clerk
Item # 2.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 4:25 PM
To: Public Comments
Subject: Voice Mail (2 minutes and 18 seconds)
Attachments: audio.mp3
My name's Terry Gallagher. 135 Main heart Dr Grass Valley, CA 95945. I'm calling and I I'm what I'm doing is I have a petition to slow down the traffic and get wide speed bumps for main heart drive and we have a petition. We had the whole neighborhood sign. It's been over six months. This is the second one that we have done. What is the hold up? We also it's a freeway we have, it's it. We don't want this to be a truck route. If these guys don't know how to drive these big trucks like the dump trucks then they don't need to be behind the wheel. I can say that because I've been a professional driver, truck driver and cement truck driver and worked for Caltrans for many years. We're talking over thirty plus years so it's overkill with super dumps. Who is going to pay for our pipes when they get busted? We all know we already have. We've already had our sewer pipes broken because of the overloads. We don't want any trucks over and no fifth wheel or gooseneck trailers with backhoes on them. We just need the traffic to slow down.
We have kids, we have animals and we're really concerned about it. If you want, you can always give me a call 530- 368-3034. Also, what can we do about 130 main heart drive? The garbage is horrendous. The guy doesn't pay for garbage. It smells like death out there. It's an eyesore and he is a homeowner. I mean it's. And he has somebody living in his basement. I guess that's so-called tenant and doesn't have parking for him. So they park in front of our place or block our driveways. I guess that's it. Let me. Thanks. And I'll see you at the next meeting. Have a great day.
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Item # 2.
2 Taylor Day
From: V WHITEHEAD
Sent: Tuesday, July 26, 2022 8:22 AM
To: Public Comments
Subject: Voice Mail (44 seconds)
Attachments: audio.mp3
Yes, my name is Ginger Whitehead and I live at 100 Boden Ave in the beautiful city of Grass Valley. I'm an active member of the Washington Hill Neighborhood Fire Coalition. I would very much like you to support putting, placing the half cent tax on the ballot to help with fire mitigation projects, and that would be to the Board of Supervisors meeting that you would support our initiative, this initiative, and I will be sending an e-mail today that has a few more specifics of why I think this initiative is so important. Thank you so much.
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Item # 2.
3 Taylor Day
From: Susan Rogers
Sent: Sunday, July 24, 2022 5:42 PM
To: Public Comments
Subject: Public Comment on Agenda Item #14, July 26 City Council meeting [You don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Hello, this is a public comment on item number 14 on the July 26 city council agenda, titled Countywide Sales Tax for Emergency Services.
My name is Susan Rogers, I live at 640 Charlene Lane and I am the coordinator for the Glenwood‐Maidu‐Charlene Firewise Community. We have more than 60 households located within city limits behind SaveMart shopping center, off Nevada City Highway.
Please support this sales tax measure and direct your city staff to also support it, especially prior to the County Board of Supervisors meeting where this will come up on August 9.
Our neighborhood is on the edge of the boundary between the city and the county. There are heavily forested areas within this neighborhood and immediately adjacent to us. Anything that helps the county in terms of fire preparedness and reducing fire risk is also going to help city residents. Obviously, fire don't care where they start and where they're going.
I also think we have a higher risk in the Glenbrook Basin because of illegal campfires. Part of the County's plan for use of the sales tax revenue is to put more effort towards reducing these illegal campfires and addressing the population that tends to cause them.
The year‐round free green waste disposal will also be a big help. In our neighborhood, we have many long‐time, older residents who often can do the clearing work but can't afford the dump fees.
Please support this measure and direct staff to support it. Thank you. ‐‐
Susan Rogers
(530) 271‐1311 landline
(530) 263‐4481 iPhone/text
Item # 2.
Item # 2.
Item # 2.
Item # 2.
Measure V Campaign Committee (Western County)
Terry McAteer, Chair
Cheryl Dell, Past Publishe( Sac Bee, Vice Chair
Doug Moon, Save Bridgeport Bridge, Treasurer
Bruce Boyd, Architect, NSJ Fire Dept
Ed Sylvester, Community Business Leader
Julia Amaral, Community Civic Leader
Tom Cross, Past Prez LWW
Paul Matson, Mr. Nevada City
Wyn Spiller, NC Winery
Laura Duncan, County Planning Comm
Marty Lombardi, Community Volunteer
Bicki Heck, NID Director
Tom lvy, GV City Council
Charles Brock, Coldwell Banker, Realtor
Cheri Flanagan, Community Civic Leader
Diane Robertson, Community Civic Leader
Richard Baker, Architect
Don Scoble, Prez, ln-Concert Sierra
l\,4ike Bratton, State Farm lnsurance
Susan Rogers, Fire Wise Community
Jeff Peach, Fire Wise Community
Lorraine Gervais, Civic Leader, Fire Wise Leader
lvlark Johnson, GV Business Owner
Tom Achter, Pres, LOP HOA
Kurt Lorenz, Fire Wise Community
Carol Scofield, Community Civic leader
George Olive, Pres, SYRCL
Jamie Jones, Executive Directo( Fire Sate Council
Peter Van Zant, NC Planning Commission
Nancy Campbell, LWW Board member
Pat Leach, Fire Safe Council
Bob Long, Fire Safe Council
Cristine Kelly, Owner, Fix Creative
Kathy Dotson, Graphic Arts
Lisa Macrina, Fire Safe Community
Barbara Getz, Sierra Cinemas
Andy Burton, Business Owner, NC Transpoftation Comm
Diana Gamzon, Nevada County Cannabis Alliance
[,4elinda Booth, Executive Director, SYBCL
Yrs
UOIE
Pn0ItGIOUn flO]rlts
Next Meeting: 9:00 am Monday, Aug 8th 1 140 Slate Creek Bd GV
Item # 2.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:28 PM
To: Public Comments
Subject: Voice Mail (1 minute and 17 seconds)
Attachments: audio.mp3
Hi, this is Matthew Coulter calling on the school Resources officer comment and at the schools that are becoming so thrashed, the children's playgrounds are so thrashed. If the members of the City Council would do a walkthrough of the one at Hennessy school Grass Valley Charter and see how destroyed that playground has gotten in just two years, all the smaller kids, musical instruments are gone and destroyed that were bolted in there. It's just a shame that there's a group of kids that aren't being talked to and just let run amok and graffiti and do these things in town.
The resources are being put into those kids, obviously, but I know that they are being saved for the juvenile and adult justice system locally here, for job security. So my question is, where is our youth center in Grass Valley, even part-time? Where is it? It's not out there. They wanted to put it way out on mccourtney. Now it's up at Litton. So where is the one for Grass Valley, along with the Senior Center for Grass Valley? Thank you.
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Set Up Voice Mail
Item # 2.
2 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:16 PM
To: Public Comments
Subject: Voice Mail (1 minute and 3 seconds)
Attachments: audio.mp3
Yes, I'd like to make a public comment during this open hearing on Memorial Park Pool and let the Council members know that many of the Veterans historical monuments have been damaged during the process, some completely removed. Also, a large amount of the petrified wood has been stolen, carefully chiseled out. The only thing carefully done during the project was done first. Left reasons. So I would like inventory of all these items that were stolen from the park. Now I do have pictures, all of them before and after and during their theft. So I would like the park do somehow get with historical group and figure out what used to be there and where did it go during this past year or two years because it's a lot of it's gone. Please error this comment on this open hearing, Matthew Coulter, Grass Valley, CA. 50 plus years.
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Item # 2.
5 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:08 PM
To: Public Comments
Subject: Voice Mail (1 minute and 29 seconds)
Attachments: audio.mp3
Hi I'm calling about consent agenda item number 14, this is Matthew Coulter about vegetation management. Could the city please clean their properties? The city owned properties are very much a fire hazard as well as the Howard's old house there mid block on South Church has been just abandoned. I just don't understand how the city can let the fire hydrants be engulfed where you can't even find them. So there's a lot of work to be done right within the stones throw from City Hall with your vegetation management and that would be great if the city could lead by example instead of pointing the finger at people and saying do what we say not as we do Memorial Park. Last year's fall leaves are still in a pile over there on Colfax Ave Storm damage is still off the side of the hill. Against the tennis courts on Colfax Ave, it is unconscionable that the city has the balls to want to find people and invade their properties to tell them what to do when the city's not even doing it. At the very least. Not even a year can be wait for these leaves to be picked up. These dry leaves with homeless sitting in them and smoking. So have a good time.
Maybe we can have a volunteer day with some people, with some Rakes in the city. Folks could also help. That would be great. Thanks.
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Item # 2.
6 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:05 PM
To: Public Comments
Subject: Voice Mail (46 seconds)
Attachments: audio.mp3
Yes, Matthew Coulter calling on the consent calendar for the City Council meeting. #13 School resources officer. I couldn't find anywhere in the packet what we're the city of Grass Valley is being paid by the school district, or we just giving an officer to them as a freebie. I couldn't really find that in there. No numbers related to this because what is this? Officer make what duties can't he do when he's doing that? Versus all the kids that are down at the Thursday night market causing chaos, no one seems to be managing them or resourcing them, so hopefully something can be done about that. Thank you.
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Item # 2.
7 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:04 PM
To: Public Comments
Subject: Voice Mail (1 minute and 14 seconds)
Attachments: audio.mp3
Matthew Coulter calling on item consent agenda #12 for the City Council meeting public comment number 12.
Memorial Park. How much more money are you putting in the Memorial Park? And if you are putting so much more money into it, can somebody please make the contractor follow the basic air and water quality standards and maybe get him a restroom so they don't have to pee out in the open for everyone to watch them? Maybe there can be some kind of management to what's going on over Memorial Park. Just today the police were out back on Memorial Lane with me watching the dust cloud just today. So they're starting work at 6:00 AM, which they never used to start before 9:00. So I guess they're in a hurry now. But I'd like to hear more about how much more the Memorial Park project is costing, how much it was projected to cost originally, what it is costing now. And it's not even near being finished. So I'd like some explanation to that number 12. Thank you.
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Item # 2.
8 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:01 PM
To: Public Comments
Subject: Voice Mail (38 seconds)
Attachments: audio.mp3
Yes, on the consent agenda, public comment on item number 10, I'd like somebody there to read that ordinance or law or whatever is being put in place because I think you're violating the Constitution with this, but. Nice try. So I'd like somebody to read it because I can't seem to find it anywhere. It's not in the packet, it's not anywhere. I'll call back on number 12. Thank you.
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Item # 2.
9 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 7:00 PM
To: Public Comments
Subject: Voice Mail (34 seconds)
Attachments: audio.mp3
Yes, this is Matthew Coulter calling back with comments on the consent agenda for the Grass Valley City Council meeting. #8 I'd like to pull through the agenda and have more discussion about that, about these people that are representing us at the EOS, the same people that are committing state and federal fraud over the sinkhole on Freeman. So I think it's odd that they are representatives since they are liars. That's #8. I'll call back on number 10.
Thank you.
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Item # 2.
10 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, July 26, 2022 6:58 PM
To: Public Comments
Subject: Voice Mail (1 minute and 49 seconds)
Attachments: audio.mp3
Hi, this is Matthew Coulter calling in to public comment. Grass Valley City Council meeting. Public comments relating to things that are going on here in town. They are of interest to the citizens of Grass Valley. Obviously, they're not of the interest to our elected officials or appointed officials because nothing really seems to be getting done about the dust that's going on at Memorial Park, the dust and water pollution that's going on at Lamerica Ranch, the homeless fires that are engulfing our area and circling our area. And the common theme with that is all the folks are living on developers land that they hope as speculators to become rich on. But in the meantime, just like at the Dorsey marketplace that fire the other day there, and multiple fires that are happening from these camps that we just keep pushing people into the bushes farther instead of having a legal place for people to camp. It would benefit everyone. Also, three bicycles were hit in two days. One was killed in Idaho, Maryland. I hope that we can do something about the pedestrian fatalities going on here in town non-stop. You do have the power to do something.
Believe her. And doing nothing is doing something. That's my public comment. I'll call back on number 8101213 and 14 on the consent agenda. Thank you.
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Item # 2.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-68 authorizing remote teleconference meetings of the City Council and other legislative bodies of the City pursuant to government code section 54953(e)
Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 8/9/2022 Date Prepared: 8/4/2022
Agenda: Consent
Background Information: On March 4, 2020, the Governor of California proclaimed a state of emergency pursuant to government code section 8625. Assembly Bill 361 went into effect October 1st, 2021, it allows legislative bodies to hold public meetings by teleconference without reference to otherwise applicable requirements in the Government Code section 54953(b)(3). The option for teleconferencing is allowed so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met: 1) State or local officials have imposed or recommended measures to promote social distancing. 2) The legislative body (City Council) is holding the meeting for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees. 3) The legislative body (City Council) has determined, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees. This action will allow City Council and all other legislative bodies to continue with virtual meetings as has been done throughout the COVID-19 pandemic. Live streamed meetings will continue to be available via the City’s website, as will the option to leave public comments in real time via voicemail or email.
Council Goals/Objectives: Approval of AB 361 Resolution executes portions of City Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: R2022-68
Item # 3.
266552.1
RESOLUTION NO. 2022-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL
AND OTHER LEGISLATIVE BODIES OF THE CITY PURSUANT TO GOVERNMENT CODE SECTION 54953(e)
WHEREAS, Government Code section 54953(e), as amended by Assembly Bill No. 361, allows legislative bodies to hold open meetings by teleconference without reference to otherwise applicable requirements in Government Code section 54953(b)(3), so long as the legislative body complies with certain requirements, there exists a declared state of emergency, and one of the following circumstances is met:
1. State or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body is holding the meeting for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body has determined, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees.
WHEREAS, the Governor of California proclaimed a state of emergency pursuant to Government Code section 8625 on March 4, 2020; and
WHEREAS, the City Council previously adopted Resolution No. 59 on October 26, 2021 finding that the requisite conditions exist for the City Council and other legislative bodies of the City, including the Planning Commission, Development Review Commission, and Historical Commission to conduct teleconference meetings under California Government Code section 54953(e); and
WHEREAS, Government Code section 54953(e)(3) requires the legislative body adopt certain findings by majority vote within 30 days of holding a meeting by teleconference under Government Code section 54953(e), and then adopt such findings every 30 days thereafter; and
WHEREAS, the City Council desires to continue holding its public meetings by teleconference consistent with Government Code section 54953(e), and to authorize other legislative bodies of the City, including the Planning Commission, Development Review Commission, and Historical Commission to do the same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
Item # 3.
266552.1
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Conditions are Met. The City Council hereby finds and declares the following, as required by Government Code section 54953(e)(3):
1. The City Council has reconsidered the circumstances of the state of emergency declared by the Governor pursuant to his or her authority under Government Code section 8625; and
2. The state of emergency continues to directly impact the ability of members of the City Council and other legislative bodies of the City to meet safely in person.
Section 3. Meeting Requirements. All meetings held pursuant to Government Code section 54953(e) shall comply with the requirements of that section and all other applicable provisions of the Ralph M. Brown Act (Government Code section 54950 et seq.).
Section 4. Regular Findings. Pursuant to Government Code section 54953(e)(3), if the Town Council desires to continue holding its public meetings by teleconference consistently with Government Code section 54953(e), it shall make findings not later than 30 days after the meeting at which this Resolution was adopted, and every 30 days thereafter, as required by that section.
Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of City of Grass Valley, this 9th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney
Item # 3.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 8/9/2022 Date Prepared: 8/4/2022
Agenda: Consent
Background Information: On March 5, 2020 the City Manager, acting as the Director of Emergency Services for the City of Grass Valley and the Disaster Council (Vice Mayor Aguilar and Councilmember Arbuckle), declared a local State of Emergency to ensure emergency personnel can obtain equipment and resources in the most timely and effective manner. In accordance with the Emergency Services Act Section 8630 (b) the governing body must ratify the declared emergency within 7 days for it to remain in effect. On March 10, 2020, at the Grass Valley City Council Meeting, the City Council approved Resolution 2020-09, Proclamation of Local Emergency. The City Council shall review, at its regularly scheduled meeting until the local emergency is terminated, the need for continuing the local emergency.
Council Goals/Objectives: Continuance of the proclamation declaring a Local State of Emergency due to prepare against coronavirus COVID-19 executes portions of City Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The changing variants of COVID19 make it very difficult to anticipate the Fiscal Impact moving forward. For FY 2022/23, it appears the impacts will be minimal compared to previous years, but due to the constantly changing impacts of COVID-19 the actual fiscal impact may change.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: None
Item # 4.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Drought Conditions) Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 8/9/2022 Date Prepared: 8/4/2022
Agenda: Consent
Background Information: On May 10, 2021, Governor Newsom modified a State of Emergency Proclamation that declared that a State of Emergency to exist in California due to severe drought conditions to include 41 counties, including Nevada County. The Proclamation directed state agencies to partner with local water suppliers to promote conservation through the Save Our Water campaign, a critical resource used by Californians during the 2012-2016 drought. Some municipalities have already adopted mandatory local water-saving requirements, and many more have called for voluntary water use reductions.
Nevada Irrigation District (NID) declared a drought emergency throughout the District’s service area on April 28, 2021, which includes portions of the City of Grass Valley, and requested that customers conserve 10 percent of their normal water usage. Both NID and Nevada City have now mandated at least 20% conservation requirements.
On June 22, 2021, City Council approved Resolutions No. 2021-41 declaring a local emergency due to drought conditions and No.2021-42 mandating water conservation.
All treated Water Customers are required to reduce water use by 20%.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Water and Wastewater Systems and Underground Infrastructure. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact to the Water Fund should be minor, but if the drought continues for several years the impact could be more significant.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 5.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th,2021 proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 8/9/2022 Date Prepared: 8/4/2022
Agenda: Consent
Background Information: Due to conditions of extreme peril to the safety of persons and property have arisen within the City of Grass Valley, caused by the winter storm of December 26 and 27, 2021 which has cut power, downed trees, blocked roads and created other hazards to health and human safety commencing on or about 12:00 midnight on the 26th day of December, 2021, at which time the City Council of the City of Grass Valley was not in session. The city found it necessary to proclaim the existence of a local emergency throughout the city.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact of the December 2021 Storm is being estimated at $590,000 for City related property and public right of way. Hopefully, about 75% of these cost should be reimbursable due to the County of Nevada and the State of California declaring a State of Emergency for our area.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 6.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Appointment of City Councilmembers and Staff to Boards and Commissions Recommendation: Approve Mayor Aguilar’s recommendation appointment of Councilmembers and Staff to various Boards and Commissions.
Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 8/9/2022 Date Prepared: 8/4/2022
Agenda: Consent
Background Information: The City Council has established a procedure to appoint members of the City Council and staff to represent the City on several Boards and Commissions. Each year the Mayor reviews the list of assignments and makes recommended appointments. Several of the appointments include both a primary and alternate member. The only change that was made the appointment for alternative for ERC. Attached are the appointments recommended by Mayor Aguilar.
Council Goals/Objectives: This item executes portions of work tasks towards High Performance Government and Quality Service Goal # 5.A.3: Continue to build cooperative relationships with representatives from service clubs and other community groups.
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: -Mayor Appointment List
Item # 7.
CITY OF GRASS VALLEY
APPOINTMENT AND ASSIGNMENT LIST
CITY COUNCIL AND STAFF
Members – Pursuant to City Charter Article V
Five (5) persons, elected at large on the first Tuesday in November of each even-numbered year. A majority Vote of the electorate required for removal.
Qualifications: Candidate must be a resident and registered voter of the City at the time nomination papers are issued, or at the time of their appointment to fill a vacancy.
Term: Four (4) years
Name/Title Assumed Office Term Expires
Ben Aguilar, Mayor 12/11/2018 12/13/2022
Jan Arbuckle, Vice Mayor 12/8/2020 12/10/2024
Bob Branstrom, Council Member 12/8/2020 12/10/2024
Hilary Hodge, Council Member 12/11/2018 12/13/2022
Tom Ivy, Council Member 12/8/2020 12/10/2024
SUCCESSOR AGENCY – Pursuant to Resolution No. 2012-48 & 49 Five (5) City Council Members serve as the Grass Valley Successor Agency Board of Directors, with the City Manager serving as the Agency Executive Director, the City Clerk as Secretary, and the Director of Finance as the Finance Officer.
CAPITAL IMPROVEMENTS AUTHORITY – Pursuant to Resolution No. 92-107 Five (5) City Council Members serve as the Grass Valley Capital Improvements Authority Board of Directors, with the City Manager serving as the Executive Officer, the City Clerk as Secretary, and the Director of Finance as the Finance Officer.
Presented February 8, 2022
CITY REPRESENTATIVES TO OTHER AGENCIES
City Selection Committee ………………………………………………………………………………………………….…………. Mayor Economic Resource Council ……………………………..…………………………… Hilary Hodge; Alternate – Bob Branstrom Meets the first Thursday of each month 7:30 AM to 9:00 AM – Nevada County Tech Hub, 104 New Mohawk Rd
Grass Valley Chamber of Commerce ………………………………………. Jan Arbuckle; Alternate – Bob Branstrom Meets: 4th Friday of Each Month 8:00 AM (Chamber Office) Grass Valley Downtown Association ………………………………………….. Jan Arbuckle; Alternate – Hilary Hodge Meets: 4th Thursday of Each Month 8:30 AM (City Offices)
Item # 7.
League of California Cities Division ……………………………………………. Jan Arbuckle; Alternate – Hilary Hodge Nevada County Fire Agency …………………………………………………………………………….………………… Mark Buttron Nevada County Local Agency Formation Commission (LAFCo) …………………. Ben Aguilar; Alternate – Tom Ivy Meets: 3rd Thursday of Each Month 10:30 AM (Rood Center) Parks and Recreation Commission …………………………………………..…….. Bob Branstrom; Alternate – Tom Ivy PARSAC (Insurance JPA) ……………………………………………..……………….. Tim Kiser; Alternate – Andy Heath Sister City Program …………………………………………………..……………….. Mayor, City Clerk, and Eleanor Kenitzer Solid and Hazardous Waste Commission ……………………………..…………. Tom Ivy, Alternate - Bob Branstrom Meets: Monthly, if needed (Rood Center)
Transportation Commission (NCTC) ………………………………………….…………. Jan Arbuckle; Alternate – Mayor Meets: 3rd Wednesday of Odd Months 9:30 AM (Location Rotates) Transit Services Commission ……………………….. Jan Arbuckle; Alternate – Mayor Meets: Before NCTC Meetings 8:00 AM
US Air Force Beale Base Liaison ……………………………………………….. Bob Branstrom; Alternate – Ben Aguilar Meets: As Needed
CITY STANDING COMMITTEES
Subject to the Brown Act – Meetings Held as Needed
Development Review Committee (DRC) – Planning Commission appoints representative and alternate to the DRC, which are confirmed by the Council
Other members appointed Administratively – Engineering Staff – Catharine Dykes; Fire Department – Darrin Hutchins, Planning Staff – Tom Last; Alternate – Lance Lowe, and City Architect EDBG/Business Loan Advisory Board ………………………………………..…….. Mayor; Alternative – Hillary Hodge Administratively includes one representative form each of the following: SEDC and business community.
Hearing Officer (per Municipal Code 1. 10 .030) …………………………………………………………………….. Tom Last Traffic Safety Review Committee …………………………………………………………………………(CURENTYLY INACTIVE) CDBG/Housing Rehabilitation ……………………………………………….. (CURRENTYLY INACTIVE) Mayor, Council Member, Alternate
REVISED: 08/4/2022
Item # 7.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Public hearing to consider a cost report for both administrative fines and abatement costs and placement of those costs and unpaid administrative fines on the tax roll for 905 W. Main Street.
Recommendation: Adopt Resolution 2022-67 that imposes a special assessment on the tax roll for Assessor’s Parcel Number 029-010-009 for abatement costs and unpaid administrative fines and requests the Nevada County Auditor-Controller collect that assessment for the City.
Prepared by: Thomas Last, Community Development Director Council Meeting Date: 8/9/2022 Date Prepared: 7/28/2022 Agenda: Public Hearing
Background Information: In June 2021, the Grass Valley Police Department (GVPD) requested the Community Development Department staff to accompany them to the property at 905 W. Main Street. During the site inspection, staff noted several people were illegally living in the garage and an outbuilding. Additionally, the property owner was conducting a scrap and recycling operation on the property. Since the property is zoned R-1(Single Family Residential), staff informed the owner that the scrap and recycling operation was not an allowed use and therefore was in violation of the City zoning regulations. On June 21, 2021, the City sent the first letter documenting the code violations. The City sent a second notice of violation to the property owner, Mr.
Munds, on August 3, 2021. These letters informed Mr. Munds that if the violations continued, the City could impose a fine of up to $1,000 per day per violation. After additional site visits and conversations with the owner, and multiple time extensions to obtain compliance, the scrap metal operations still did not cease, so the City imposed its first administrative fine on September 22, 2021. A second set of fines were imposed on November 19, 2021. Then, over the next few months the property owner showed some progress to obtain compliance, but in early 2022, began to bring more scrap metal to the property. Staff also received numerous complaints from neighbors about the scrap and recycling activities. Therefore, the City imposed additional fines on April 11, 15, 19, and 28, 2022. Several of the letters included daily fines that covered multiple days of violations. Hence the larger fines listed in some of the dates. The property was cleared of the code violations and the scrap business ceased shortly after the April 28th letter was provided to Mr. Munds.
Then, on May 3, 2022, the GVPD requested staff visit the property because people were again living in the garage and shed, and there were multiple construction activities taking place within both houses on the property. Staff then posted both homes as
Item # 8.
being unsafe to occupy because of hazardous conditions that existed in the buildings which posed life safety threats to anyone living in the buildings.
Since July 1, 2021, the GVPD has been to this address for 73 calls for service. The Community Development Director has conducted at least 20 site visits since June 2021 to try to work with the owner to obtain compliance with these the code violations.
All the letters which imposed a fine also informed Mr. Munds that he had a right to an appeal, pursuant to section 1.14.090 of the Grass Valley Municipal Code. No timely appeal was requested. As of the date of this report, the fines remain unpaid. These fines are past due and may now be collected by special assessment pursuant to section 38773.5 of the Government Code and Grass Valley Municipal Code sections 1.14.080 (B),
1.14.150 and 1.14.160.
The attached cost report lists the fines imposed for each date and the additional costs from the City Attorney’s office. The Municipal Code requires the Council consider and approve the Cost Report at a noticed public hearing prior to imposing those costs as a special assessment. This hearing has been noticed both by publication and by notice sent via certified mail to Mr. Munds at the address of record, the subject property.
Staff proposes to place the $9,500 in unpaid administrative fines as well as the $3,630 in costs to the City for abatement of the nuisances at 905 W. Main Street on the tax roll as a special assessment. To place the unpaid administrative fines and abatement costs on the tax roll, the Council must adopt the attached resolution. Staff will be prepared to discuss any of the specific violations and the abatement process at the Council meeting.
Council Goals/Objectives: This action promotes the goals of maintaining a high quality of life and sense of community.
Fiscal Impact: None, this action represents an effort to collect fines and costs associated with code enforcement activities on a property.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: Resolution # 2022-67
Cost Report
Item # 8.
Error! Unknown document property name. 1
RESOLUTION NO. 2022-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY
CONFIRMING A REPORT FOR NONPAYMENT OF ADMINISTRATIVE FINES
AND ABATEMENT COSTS AND ORDERING THE ASSESSMENT OF SUCH COSTS — 905 WEST MAIN STREET
WHEREAS, section 38773.5 of the Government Code authorizes the City to adopt procedures for imposing a special assessment for the costs it incurs to abate a nuisance on a parcel of land; and WHEREAS, section 54988 of the Government Code authorizes the City to collect unpaid fees and penalties for enforcement of the municipal code and for abatement of nuisances; and WHEREAS, any violation of the municipal code constitutes a public nuisance under Grass Valley Municipal Code section 1.10.040, which is subject to abatement via administrative enforcement procedures under Chapter 1.14 of the Municipal Code; and WHEREAS, section 36901 of the Government Code authorizes the City to establish and impose fines and penalties for violations of the Municipal Code; and WHEREAS, section 53069.4 of the Government Code authorizes the City to establish procedures to impose, enforce and collect administrative fines and penalties for enforcement of the Municipal Code; and
WHEREAS, Grass Valley Municipal Code chapter 1.14, including sections 1.14.040 through
1.14.080, and 1.14.140 through 1.14.160 provide the procedures for determining fines, penalties and costs associated with abatement, including notice and hearing on such fines, penalties, and costs, and authorize the collection of outstanding fines and costs as a special assessment; and WHEREAS, the City served responsible party as to 905 West Main Street (APN 029-010-009) a Notice of Code Violation/Administrative Citations on the following dates for fines and penalties in the following amounts: September 22, 2021 ($500), November 19, 2021 ($500), April 11, ($2,000), 15 ($2,000), 19 ($1,000) and 28 ($3,500), 2022, informing him that if the fines and penalties were not timely paid, each amount may become a special assessment on the property under the procedures of the Municipal Code; and
WHEREAS, each notice of violation and imposition of fines informed the responsible party that he had a right to appeal and failure to do so would waive his right to challenge the amount or imposition of fines and penalties; and
WHEREAS, the responsible party did not timely request an appeal of these fines and they became final and payable 30 days after imposition; and
WHEREAS, as of this date, none of the fines and penalties set forth in the Notices of Code Violation/Administrative Citations have been paid, and they are therefore subject to collection on the tax roll; and
Item # 8.
Error! Unknown document property name. 2
WHEREAS, due to the responsible party’s failure to timely correct the violations, the City has incurred additional costs in the amount of $3,630 for work performed in association with enforcement of the violations of the Municipal Code that constitute a nuisance and are identified in the cost report submitted to the City Council, which is attached hereto and incorporated by reference, and a copy of which is on file in the City Clerk’s office; and WHEREAS, notice of a public hearing for non-payment of administrative penalties assessment for tax roll, which specified that the property may be sold after three years by the City for unpaid delinquent assessments, and a copy of the cost report was served upon all persons and entities with a property interest in the subject property, by certified mail on July 27, 2022, and copies were mailed to all addresses used by the responsible person; and WHEREAS, on August 9, 2022, the City Council held a noticed public hearing on the cost report and on the imposition of unpaid fines and costs as a special assessment on the parcel of real property located at 905 West Main Street (APN 029-010-009) and has given the responsible person and owner of the property an opportunity to raise objections to the cost report and imposition of a special assessment; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Grass Valley as follows:
SECTION 1: The foregoing recitals are each true and correct and incorporated herein by this reference.
SECTION 2: The City Council overrules any objections and confirms the cost report as submitted.
SECTION 3: The City Council confirms the assessment of $9,500 for unpaid fines and penalties and $3,630 for costs for a total assessment of $13,130 against the parcel at 905 West Main St. (APN 029-010-009), and orders that the assessment be transmitted to the County of Nevada for collection at the same time and in the same manner as ordinary municipal taxes, provided that the delinquent amounts are not paid as of the date that this Resolution is adopted.
SECTION 4: The City Clerk is directed to record in the office of the County Recorder notice of this order confirming the assessment.
ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 9th day of August 2022 by the following vote:
AYES: Council Member
NOES: Council Member
ABSENT: Council Member
ABSTAINING: Council Member
___________________________
Item # 8.
Error! Unknown document property name. 3
Ben Aguilar, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________
Taylor Day, Deputy City Clerk Michael G. Colantuono, City Attorney
Item # 8.
COST REPORT
ABATEMENTS COSTS AND ADMINISTRATIVE PENALTIES ASSOCIATED
WITH ENFORCEMENT ACTIONS
AT 905 W. MAIN STREET
This cost report is prepared pursuant to Sections 1.14.140 and 1.14.150 of the Grass Valley Municipal Code. This report does not include staff time and costs from the Community Development Department staff.
1. Legal Fees included in three invoices from the City Attorney’s Office - $3,630
2. Administrative Penalties and Fines imposed on the dates below. Each letter was sent via U.S. Certified Mail and is available for review upon request at City Hall:
April 28, 2022 $3,500
April 19, 2022 $1,000
April 15, 2022 $2,000
April 11, 2022 $2,000
November 19, 2021 $500
September 22, 2021 $500
$9,500
Total Penalties and Abatement Costs - $13,130
Item # 8.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Continuation of Consideration for a School Resource Officer agreement with the Grass Valley School District
Recommendation: Approve the agreement between the Grass Valley School District and the Grass Valley Police Department to provide School Resource Officer services Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: July 26, 2022 Date Prepared: July 20, 2022 Agenda: Administrative
Background Information:
At July 26th,2022 City Council Meeting the Council decided to continue this conversation to a meeting in August.
In early 2020, the district office and two Grass Valley School District (GVSD) campuses (Lyman Gilmore and Margaret G Scotten) were annexed into the City of Grass Valley.
These two schools combined serve a significant number of K-8 students from within and around the City (+/- 800 students plus staff). Upon annexation, the Grass Valley Police Department (GVPD) became the primary law enforcement agency responsible for response to the schools. With the annexation, all GVSD schools and facilities, including Lyman Gilmore Middle School, Margaret G Scotten Elementary School, Bell Hill Academy, and Grass Valley Charter School, are now within the City.
Through conversations with GVSD and its leadership, it was determined that having a dedicated officer available to assist with a broad range of duties, would enhance the safety of students, staff, and facilities. The primary need for an SRO was identified to be at the Lyman Gilmore campus, but services would be provided based upon requests by the District at any of the schools listed above.
GVPD currently has an agreement with NJUHSD for SRO services at Silver Springs High School. GVSD desires to engage in a similar agreement (see attached) and share in the cost of an officer. The agreement calls for joint-selection of a GVPD officer to serve as the GVSD SRO. The roles of an SRO are vast, from crime prevention, investigation, deterrence and campus safety to:
Item # 9.
Sharing information with the administrators about persons and conditions that pertain to campus safety concerns
Resolving problems to preserve a positive school climate Being familiar with helpful community agencies and access to services for students and/or family members
Participate as a member of a multi-agency group related to school site safety Being a resource to students, their families, and school district personnel in the form of an information source, problem-solving assistance, and/or referral to appropriate personnel or agencies
Making appearances before site councils, parent groups, and other groups associated with the campus as a speaker on a variety of requested topics Providing career information and experience opportunities and promoting an accurate and positive image of law enforcement in modern society Developing, teaching, and facilitating extracurricular activities and/or summer camp programs in collaboration with the District and/or local youth-serving organizations
Additional roles and responsibilities are outlined in Attachment A to the agreement.
The City and the Police Department desire to work closely with GVSD as partners.
The District has an interest in safety at their school sites and for their students and staff, while the City has an interest in attracting and retaining families who will enroll their children in GVSD programs. The police department and District intend to work together to develop strategies to enhance school safety. The initial term of this agreement is for 3 years as a “pilot program” at which time the agreement can be extended by written request and agreement by both parties.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #6 – Exceptional Public Safety
Fiscal Impact: The GVSD will reimburse the City for costs associated with the FTE Police Officer position, not to exceed $60K per year for the term of the agreement.
The difference of the cost for an FTE will be borne by the City at a cost of approximately $60K plus indirect non-personnel costs associated with employment of a police officer (i.e. vehicle maintenance, fuel, training, etc).
Funds Available: Yes Account #: General Fund Reserves
Reviewed by:
Attachments: Agreement between the City of Grass Valley and the Grass Valley School District for School Resource Officer Services
Item # 9.
1 285494.v2
AGREEMENT BETWEEN THE CITY OF GRASS VALLEY AND THE GRASS VALLEY
SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES
THIS AGREEMENT is dated this _____ DAY OF ___________________, 20___, between the CITY OF GRASS VALLEY, a municipal corporation, having a principal place of business at 125 East Main Street, Gras Valley, California, 95945, hereinafter referred to as “CITY,” and the GRASS VALLEY SCHOOL DISTRICT, whose business address is 10840 Gilmore Way, Grass Valley, California, 95945, hereinafter referred to as “GVSD.” CITY and GVSD may be referred to herein individually as “Party” and collectively as the “Parties.” WHEREAS, GVSD wishes to obtain the services of a sworn police officer to serve as the school resource officer on its campus; and
WHEREAS, CITY is willing to contract with GVSD for such services.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, it is agreed by and between the Parties hereto as follows:
1. SCOPE OF SERVICES AND TERM
A. CITY agrees to provide and dedicate to GVSD a sworn police officer to serve as the School Resource Officer (SRO) for GVSD on GVSD campus. The officer shall serve up to 50% of his/her time on GVSD campus, except during critical incidents or other emergencies, which may arise, which may require his/her presence elsewhere in the city.
B. Representatives of the CITY and GVSD shall make recommendations for the SRO position to the CITY Chief of Police, who shall assign such officer.
C. The term of the Agreement shall commence ______________ and expire June 30, 2026, unless extended by mutual written consent. Written notice of intent to negotiate an additional extension shall be given by the party desiring such extension no later than March 1, 2026.
2. RESPONSIBILITY OF CITY: OFFICER’S DUTIES
A. CITY shall administer this contract and provide SRO services as set forth in Attachment A, which is attached to this Agreement and incorporated by this reference, at those times when appropriate or at those times designated therein. Services shall include, but not be limited to the enforcement of all state and local criminal laws and coordination with other enforcement details targeting truancy, violence, gangs, and drug activity, as well as campus safety. Additional job duties and tasks will be mutually agreed upon by the parties. The allocation of the officer’s time will be mutually agreed upon between a representative of GVSD and the CITY Chief of Police or his designee.
B. CITY shall control and determine the performance of CITY personnel serving under this Agreement, including, but not limited to the standards of personnel performance and discipline.
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C. CITY shall provide and supervise all personnel, furnish all equipment including vehicles, if any, and provide all supplies necessary to perform its duties as provided herein.
3. COMPENSATION
A. As consideration for providing the services outlined above during the term of this Agreement, GVSD shall reimburse CITY $60,000 per fiscal year (“Fixed Cost Rate”) as set forth herein:
1. CITY shall submit a quarterly invoice to GVSD.
2. GVSD shall pay such invoice to the City within thirty (30) days of receipt.
B. Should the Parties extend the Agreement by mutual written consent, the Fixed Cost Rate for the extended term shall increase pursuant to GVSD’s Cost-of-Living Adjustment for the year(s) of the extended term.
4. STATUS OF PERSONNEL UTILIZED
A. All personnel furnished by CITY shall at all times remain employees of CITY and be considered as such for all purposes. They shall not have, nor acquire, any benefits or rights GVSD may confer on GVSD employees.
B. CITY shall be solely responsible for all salary, benefits, workers’ compensation, and insurance for CITY employees performing duties under this Agreement, and CITY shall be solely responsible for all supervisory, disciplinary and other employment related purposes for CITY employees performing duties under this Agreement. GVSD shall not be liable for the payment of any salaries, wages, overtime, vacation or other benefits or compensation to any CITY personnel performing duties under this Agreement. CITY shall retain the right to exercise its professional control over how it renders services, except as otherwise set forth in this Agreement.
C. GVSD shall have the right to reject for reasonable cause any employee of CITY assigned by the CITY to perform duties or services for GVSD.
5. INDEMNITY
To the furthest extent allowed by law, each party (the, “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party (the “Indemnified Party”) and each of its officers, agents, employees, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort or strict liability, including, but not limited to, personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorneys’ fees and litigation expenses) that arise out of or pertain to the negligence, recklessness, or willful misconduct of the Indemnifying Party, its principals, officers, employees, or agents. The provisions of this Section shall survive termination or suspension of this Agreement.
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6. WORKERS COMPENSATION INSURANCE
CITY is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract.
6. NON-DISCRIMINATION
During the performance of this Agreement, no Party shall unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical disability, medical condition, sexual orientation, marital status, age or gender, pursuant to all applicable State and Federal statutes and regulations.
8. GOVERNING LAW AND FORUM
This Agreement shall be subject to and interpreted in accordance with the laws of the State of California and any action to enforce the terms of the Agreement for the breach thereof shall be brought in Nevada County Superior Court.
9. NO THIRD PARTY RIGHTS
The terms and provisions of this Agreement are intended solely for the benefit of each Party hereto, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other party.
10. AGREEMENT INTERPRETATION
The Parties acknowledge that they have caused this Agreement to be reviewed and approved by legal counsel of their own choice. This Agreement has been specifically negotiated, and any presumption that an ambiguity contained in this Agreement shall be construed against the party that caused this Agreement to be drafted shall not apply to the interpretation of this Agreement.
11. SEVERABILITY
If any provision, or any portion of any provision hereof, is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
12. COMPLETE CONTRACT: MODIFICATIONS
This Agreement is to be read as a whole. This is an integrated agreement that contains all of the terms, considerations, understanding and promises of the parties as well as the fees, charges, and authorized expenses to be paid under the terms of this Agreement. No purported modifications of this Agreement shall be effective unless reduced to writing and mutually signed by authorized representatives of the CITY and of GVSD.
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13. TERMINATION OR WITHDRAWAL
Either Party may terminate in whole, its participation in this Agreement for the following school year by providing written notice to the other Party before March 15 of any year.
14. NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail to the appropriate address indicated below.
To CITY: To GVSD:
Grass Valley Police Department
Attn: Chief Alex Gammelgard
125 East Main Street
Grass Valley CA 95945
Grass Valley School District
Attn: Andrew Withers, Superintendent
10840 Gilmore Way
Grass Valley, California 95945
IN WITNESS WHEREOF, the City Council of the City of Grass Valley, has approved this Agreement on the _____ day of _________________, 2022, and authorized the Mayor to execute same on behalf of the City.
“GRASS VALLEY SCHOOL DISTRICT” “CITY OF GRASS VALLEY”
Andrew Withers, Ben Aguilar
Superintendent Mayor, City of Grass Valley
ATTEST APPROVED AS TO FORM
_________________________________ __________________________________ Taylor Day, Deputy City Clerk Michael G. Colantuono, City Attorney
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ATTACHMENT A
AGREEMENT WITH GRASS VALEY SCHOOL DISTRICT FOR SCHOOL
RESOURCE OFFICER SERVICES
DISTINGUISHING CHARACTERISTICS AND SELECTION
The School Resource Officer (SRO) is an experienced level classification in the police officer rank. Officers involved in these programs do not typically participate in enforcement activities while in the schools, except in case of life-threatening emergency or at the discretion of the supervisor in coordination with the school/District. The selection, appointment, and removal of a SRO will be at the discretion of the Police Department but will be in coordination with and by mutual agreement with the District.
SUPERVISION RECEIVED AND EXERCISED BY
Direct supervision is provided by a police sergeant or lieutenant, with general supervision provided by a police department manager and/or school administrators related to technical school-related subjects.
ROLE OF SCHOOL RESOURCE OFFICER
Be an extension of the district superintendent’s officer or site principal’s office for assignments consistent with this Agreement.
When on campus, provide immediate and initial response to safety issues that may arise, coordinate additional law enforcement response, and be familiar with all site facilities within the District.
Be a visible, active law enforcement figure on campus dealing with law enforcement matters and school code violations originating on the assigned campus(es). As to school code violations, the SRO will generally defer to the principal’s office for discipline to be meted out by the school officials. The SRO will support the school officials as appropriate/requested.
Act as the designee of the campus administrator in maintaining the physical plant of the assigned campus to provide a safe environment. This includes building(s), grounds, parking lot(s), and other public-school property.
Share information with the administrator(s) about persons and conditions that pertain to campus safety concerns. The SRO and the school administrator(s) will develop plans and strategies to prevent and/or minimize dangerous situations.
Initiate crime reports for all crimes originating on campus.
Be familiar with helpful community agencies, such as mental health and drug treatment resources among others and coordinate with school staff as to appropriate referrals when necessary.
Be a resource to students, their families, and school district personnel in the form of an information source, problem-solvingassistance, and/orreferral toappropriate personnel or agencies.
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Create and maintain effective working relationships with the community, school district personnel, other law enforcement agencies, and juvenile and social service agencies. The SRO will act as a department liaison with other groups as needed in the course of his or her duties.
Participate as a member of multi-agency or community groups which supports attendance, delinquency prevention, campus safety activities, and other school site safety initiatives.
Make appearances before site councils, parent groups, and other groups associated with the campus as a speaker on a variety of requested topics.
Provide career information and experience opportunities and promote an accurate and positive image of law enforcement in modern society.
Maintain training, equipment, and attire appropriate to fulfill the roles listed above.
DEVELOPMENT OF PROGRAMS
The GVPD shall work in collaboration with GVSD for the continued implementation of youth crime prevention programs, positive social programs for youth and parents, and other programs as mutually agreed upon by the District and GVPD.
COMMITMENT TO MUTUAL COLLABORATION
The GVPD and GVSD are committed to working closely in partnership with one another to ensure the use of the assigned SRO serves the interests of students, staff, parents, the District, and the Police Department. Any requests from either party related to modifications to operational or administrative roles will be mutually agreed upon and based upon a shared vision of the importance of school site and student/staff safety.
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City of Grass Valley
City Council
Agenda Action Sheet
Title: Fire Department Response in Nevada County.
Recommendation: That Council 1) Receive a brief overview of fire department response models within Nevada County and 2) provide direction to staff for additional reviews of fire department response models, mutual support with partner agencies, resilience of services within Nevada County, and potential future challenges.
Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 08/09/2022 Date Prepared: 08/02/2022 Agenda: Administrative
Background Information: The Fire Service operates in a mutual support role as no one agency can provide standalone services to its community. The challenge is providing fair and balanced mutual support in an emergency while continuing to deliver services to our own community. It is important to recognize the impacts to the fire department and service levels during significant events such as wildfires as well as daily responses within the City and to partner agencies.
Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: None
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: Incident View AVL/FS Location
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