Grass Valley City Council
October 25, 2022

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, October 25, 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.

CALL TO ORDER

City of Grass Valley, CA AGENDA October 25, 2022

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. Veterans, Military, and their Families Month - November 2022 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 October 11, 2022 Recommendation: Council approve minutes as submitted.

3. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-79 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

6. Second Reading of Ordinance No. 819 Pioneer Community Energy - Community Choice Aggregation Program (CCA) for the City of Grass Valley

City of Grass Valley, CA AGENDA October 25, 2022
Recommendation: That Council 1) adopt Resolution No. 2022-77 again, with Ordinance adoption date, requesting membership in Pioneer Community Energy and Authorizing the Execution of Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement; and 2) approve and waive full reading of Ordinance No. 819 Authorizing the Implementation of a Community Choice Aggregation Program in the City of Grass Valley.

7. Council Chambers and Hullender Conference Room Audio, Video and Sound System Broadcast Upgrade.

Recommendation: The Council 1) approves the City Manager to execute a Professional Services Agreement with Conti, LLC to complete audio, video, and sound system broadcasting upgrades in the Council Chambers and Hullender Conference Room subject to legal review; 2) allow City Manager to approve a 5% contingency; 3) allow Finance Director to make any necessary budget adjustments and transfers.

8. MissionSquare, ICMA 457b Retirement Plan Loan Program Implementation Recommendation: That City Council 1) adopt Resolution 2022-80, Amending the MissionSquare, ICMA 457B Retirement Plan to Permit Loans; and 2) Council approves staff to execute the MissionSquare, ICMA Loan Guidelines Agreement.

9. Purchase of Two 2023 Toyota Tacoma Trucks for Public Works (Wastewater and Engineering Divisions)
Recommendation: That Council 1) approve the City Manager to enter into an agreement with Freeway Toyota using the California State Contract to purchase two 2023 Toyota Tacoma Trucks not to exceed $68,000 plus tax and fees, and 2) authorize Administrative Services Director to make any needed budget adjustments and/or budget transfers to complete this procurement.

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

10. InConcert Sierra Whispering Pines Specific Plan Amendments, Use and Development Review Permits located at 125 Crown Point Court.

Recommendation: The Planning Commission recommends that the City Council approve the InConcert Sierra Project, as presented, or as modified by the City Council, which includes the following actions: 1) Adoption of Resolution No. R-2022-78 Adopting a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines; 2) Adoption of a Mitigation Monitoring & Reporting Plan (MMRP), implementing and monitoring all Mitigation Measures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines; 3) Hold the first reading of Ordinance No. 820 Amending the Whispering Pines Specific Plan and Rezoning the property to create a new Subarea – SP-1A.1 – Public Assembly Uses as presented; and, 4) Adoption of Findings of Fact and Conditions of Approval for the InConcert Sierra Project, as presented.

ADMINISTRATIVE

City of Grass Valley, CA AGENDA October 25, 2022

11. CDBG Memorial Park Facilities Improvement Project – Grand Opening Recommendation: That Council select a date and time for a grand opening/ribbon cutting ceremony.

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, October 25, 2022 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Thursday, October 20, 2022.
________________________
Taylor Day, Deputy City Clerk

PROCLAMATION
Veterans, Military, and their Families Month - November 2022 Whereas, throughout our Nation’s history, an unbroken chain of patriots has strengthened us in times of peace and defended us in times of war. Yet the courageous men and women of the United States military do not serve alone. Standing alongside them are husbands and wives, parents and children, sisters and brothers.

Whereas, Military families exemplify the courage and resolve that define our national character.

For their country and their loved ones, they rise to the challenges of multiple deployments and frequent moves – spouses who care and provide for their children in their partners’ absence, kids who make new friends and leave known comforts behind. They are the force behind the force, patriots who support their family members in uniform while enriching the communities they call home.

Whereas, the City of Grass Valley has a longstanding relationship with the Beale Air Force Base, located approximately 30 miles from Grass Valley, that hosts approximately 6000 active-duty members, 1000 reservists and 8200 family members.

Whereas, they honor the sacrifices of those who served by enhancing the lives of our Veterans, Military, and their families both at home and abroad.

Whereas, during Military Family Month (November), we celebrate the families who make daily sacrifices to keep our Nation whole, and we remember a most sacred obligation – to observe them as well as they serve us.

Whereas, on October 25, 2022, the Board of Supervisors of the County of Nevada adopted a resolution proclaiming November 5-13, 2022 as Military Appreciation Week.

NOW, THEREFORE,the Grass Valley City Councilso hereby proclaims November 2022 as Veterans, Military, and their Families Month.

Dated this 25th day of October 2022
_____________________________ _____________________________ Ben Aguilar, Mayor Jan Arbuckle, Vice Mayor
________________________________
Hilary Hodge, Council Member
____________________________ _____________________________ Bob Branstrom, Council Member Thomas Ivy, Council Member

Item # 1.

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, October 11, 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 at 7:02 pm.

PLEDGE OF ALLEGIANCE
Mayor Aguilar led the pledge of allegiance.

ROLL CALL

PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Council Member Tom Ivy
Vice Mayor Jan Arbuckle
Mayor Ben Aguilar

AGENDA APPROVAL -
Motion made to approve the agenda by Vice Mayor Arbuckle, Seconded by Council Member Hodge.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

REPORT OUT OF CLOSED SESSION
Nothing to report.

INTRODUCTIONS AND PRESENTATIONS

PUBLIC COMMENT
Virtual public comments attached.

In person public comments: Brenda English, Robin Davies, Harry Wyes, Larry Picard, Bob Tonnies, Donna Allary, Matthew Coulter, Lillie Piland

Item # 2.

City of Grass Valley, CA MINUTES October 11, 2022

CONSENT ITEMS -
Motion made to approve consent by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

1. Approval of the Regular Meeting Minutes of September 27, 2022 Recommendation: Council approve minutes as submitted.

2. Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-76 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. An amendment to an existing Memorandum of Understanding with Nevada County associated with the implementation of SB 1383 and other unfunded state mandates related to organic waste collection and recycling.

Recommendation: Authorize the Mayor to sign the amendment to the Memorandum of Understanding with Nevada County and direct the Finance Director to adjust the budget.

6. Approval of Automatic Aid Agreement between The Rough and Ready Fire Department, Nevada County Consolidated Fire District and Grass Valley Fire Department.

Recommendation: That Council 1) approve the Automatic Aid Agreement between The Rough and Ready Fire Department, Nevada County Consolidated Fire District and Grass Valley Fire Department. 2) approve the Fire Chief to enter into the agreement upon legal review.

7. Agreement with Nevada County Probation for AB109 Officer services Recommendation: That Council 1) approve the agreement between the City of Grass Valley and the Nevada County Probation Department for Assembly Bill 109 Police Officer Services; and 2) authorize the Finance Director to make any budget amendments, budget transfers, and personnel allocation changes as necessary.

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

ADMINISTRATIVE

Item # 2.

City of Grass Valley, CA MINUTES October 11, 2022

8. Pioneer Community Energy - Community Choice Aggregation Program (CCA) for the City of Grass Valley
Recommendation: That Council 1) Adopt Resolution No. 2022-77 requesting membership in Pioneer Community Energy and Authorizing the Execution of Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement; and 2) Introduce and waive full reading of Ordinance No. 819 Authorizing the Implementation of a Community Choice Aggregation Program in the City of Grass Valley.

Pioneer Community Energy gave presentation to the Council.

Council discussed the opt out and opt in eligibility for the consumers, the rates for the consumers, the price difference of Green Energy verses the regular energy, the Bio Mass project, what happens during a PSPS, what are the benefits of having a CCA, what will be done to make sure every customer is educated on what Pioneer is.

In person public comment: Rob Catiztine, Brenda English, Matthew Coulter, Motion made to 1) Adopt Resolution No. 2022-77 requesting membership in Pioneer Community Energy and Authorizing the Execution of Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement; and 2) Introduce and waive full reading of Ordinance No. 819 Authorizing the Implementation of a Community Choice Aggregation Program in the City of Grass Valley by Council Member Ivy, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar
Break taken at 8:04 pm. Council came back into order at 8:09 pm.

9. Downtown Streetscape Improvements Project – Benches/Planters and Tree Grates Recommendation: That Council 1) review options for Tree Grates and Planters with Benches and 2) select final options for the two design elements.

Tim Kiser, City Manager, gave presentation to the council.

In-person public comment: Michael Lemarca, Brenda English, Lillie Pilland, Matthew Coulter, Rob Catizine
Virtual public comment attached
Council discussed liking tree grate option number 3 and having the 3rd option of tree planters which were the modified original plans with discussion on either utilizing real wood or a man made product.

No formal action taken on this item.

10. Update on amendments to the Waste Management Franchise Agreement tied to statemandated implementation of SB 1383, AB 341, and AB 1826 (Recycling and Organic Waste programs)
Recommendation: Informational only, no action required; however, Council can provide input generally and on the proposed bundled rates for service.

Tom Last, Community development Director, gave presentation to the council.

Shavati Karki-Pearl from Waste Management gave an additional presentation to the council.

Item # 2.

City of Grass Valley, CA MINUTES October 11, 2022
Council discussed the requirements of SB 1383, how long till this takes effect, the implications it will have on our elderly population, the cost it would have on the citizens, the obligation of this system that WM would have to be held to.

BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Branstrom attended the open house for Bright Futures for Youth, sierra harvest lunch in, ERC meeting, open studios reception at the Center for the Arts, and wants to remind everyone that ballots are being mailed and to Vote. Council Member Ivy had nothing to report. Council Member Hodge wanted to announce that today is national coming out for the LGBTQ community. Vice Mayor Arbuckle attended the National League of Cities Small Cities meeting, The Sierra Harvest Festival, and the Brew Fest. Mayor Aguilar took vacation and had nothing to report.

ADJOURN
Meeting adjourned at 9:34 pm.
______________________________ ______________________________ Ben Aguilar, Mayor Taylor Day, Deputy City Clerk
Adopted on:_________

Item # 2.

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‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Bob Tonnies
Date: Thu, Oct 6, 2022 at 1:00 PM
Subject: Re: Tuesday Night.. 26 Cans on N. Auburn Street To: <[email protected]>, Grass Valley Tim Kiser <[email protected]>, Gvda Libby New Promo , Robin Davies <[email protected]>, Donna Alarie Hi Tim… as we explained in our meeting with you this Tuesday, and this won’t correct the problem. If you look at your garbage dump area, now officially designated, and the overflow of garbage cans, we’re still surrounded by garbage.

Garbage needs to stay in the Alley and managed by the folks responsible for the Garbage.

These are the photos the day after you changed our yellow loading zone to a red no parking zone. Garbage cans will still be in front of our gate, and Cars are now parking in the red zone. Garbage will be sitting on the street everyday of the week. We’re trying to sell our property and everyone understands this is a serious nuisance, and our property rights and valuation need to be a priority. This is not our garbage. It’s being placed 5‐ft from our patio.  We showed you the garbage juice and drippings when we met. The garbage, conditions, open containers, and now the flies are unbearable.

Let alone the dumpster divers and creatures of the night. So…please have the folks generating the garbage use the Alley across the street…since it’s where their garbage is stored and generated.

Regards… Bob Tonnies & Donna

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On Oct 6, 2022, at 9:24 AM, Grass Valley Downtown Association <[email protected]> wrote:

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31 have made some wonderful improvements to the neighborhood, and creating an area garbage dump site defeats our efforts.

Please consider our requests, and have the folks who generate the garbage, manage it, instead of rolling it out on the street in front of our property. We can't let it continue so we are seeking your assistance. We will be gald to meet with you.

Sincerely,
Bob Tonnies and Donna Alarie
Sent from my iPhone
Begin forwarded message:

From: Bob Tonnies
Date: September 28, 2021 at 6:28:21 PM PDT
To: [email protected], [email protected],
Subject: Fwd: Vandalism, Lighting, and Garbage in front of our property Thank you John & Autumn for meeting with us today. We are forwarding our email and photos sent to Sgt. Kimbrough on Sept. 7th. We have been filing complaints with the city since this all started, and endlessly since March of 2020…. Over a year & a half. This should have been corrected long ago, and we appreciate your concern on our behalf. We own the property adjacent to the garbage cans, and City Parking lot. Our attached email details our position.

We are grateful… Bob & Donna
C:925‐939‐4500
Sent from my iPhone
Begin forwarded message:

From: Bob Tonnies <[email protected]>
Date: September 7, 2021 at 9:00:48 PM PDT
To: "Grass Valley Sgt. Dan Kimbrough" <[email protected]>, Subject: Vandalism, Lighting, and Garbage in front of our property Officer Kimbrough, Thank you and Officer Duncan for meeting with us. My wife Donna and I have a right to enjoy our property, but the conditions we are being exposed to make that impossible. The photos attached are better than words.

1. Without lighting and patrols, the parking lot is unsafe. You have enough police reports of vandalism and drug use to validate our complaint. The lack of lighting has turned the parking lot into a campground and tailgate party. We have sent an endless number of emails to Tom Last and Tim Keiser, yet nothing is done.

2. The stairs are a safety hazard especially with inadequate lighting.

3. 20‐30 garbage cans in front of our property, blocks the sidewalk, our driveway, and not only creates an unsightly mess, but obviously would upset any property owner having neighbors put their garbage in front of your property. We can’t enjoy our property, and no one respects our concerns, or right to enjoy our property. It must stop…

3. The garbage truck loads the garbage in front of our property and you saw the huge staining on the street and curbing from garbage juice dripping and never cleaned up….

Item # 2.
32 Until it rains…!

4. Beer bottles, canisters used to get high, and the remains of tailgate partying are an endless eyesore. Public consumption creates a serious problem for everyone.

In closing, We have tried to bring change by numerous requests of increasing the lighting on N. Auburn and the parking lot. Also, Stop making our property a garbage dump. We have presented a reasonable solution to The city, where Waste Management does a rear load and picks up the garbage cans from neighboring properties. It eliminates the garbage cans on the street and sidewalks. It’s their garbage, and their responsibility, not ours. We will be glad to meet with Chief Gammelgard. Donna and I have a right to enjoy our property, and most importantly feel safe in our home. Our vehicles have been hit twice in the parking lot,  and as we reported today, an attempt to siphon gas.

It is clear to everyone there is a serious problem. No one cares enough to correct or prevent what everyone can see is escalating to a more regretful scene for the downtown. Imagine staying at the Courtyard, or going to breakfast at Southpine, or parking in the Parking Lot at night. We need someone who cares about our neighborhood. Thank you for your time to meet with us.

Bob Tonnies
925‐939‐4500

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 "CONFIDENTIALITY NOTICE: This email communication may contain private, confidential, or legally privileged information intended for the sole use of the designated and/or duly authorized recipient(s). If you are not the intended recipient or have received this email in error, please notify the sender immediately by email and permanently delete all copies of this email including all attachments without reading them. If you are the intended recipient, secure the contents in a manner that conforms to all applicable state and/or federal requirements related to privacy and confidentiality of such information."

Item # 2.
44 Taylor Day
From: Wyeth Harry
Sent: Monday, October 10, 2022 3:05 PM
To: Public Comments
Subject: Public Comment: Dark Sky Lighting
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Grass Valley is not doing a good job of promoting what is commonly called Dark Sky Lighting.  The term means simply requiring outdoor lights on streets, parking lots, and public areas in general to be shielded so that light shines downward and not upward or sideways.  Many municipalities, including Tucson, Sedona, and Flagstaff, Arizona, Ketchum/Sun Valley, Idaho, and Paso Robles, California have laws on the subject.  In particular, Tucson is a big city with almost no lighting visible except from underneath.

Some areas of Grass Valley have very poor dark sky lighting: Dorsey Drive, the roundabout at the foot of E. Main St., the new lights in the Target parking lot, and the new walkway on the path to Chapa De IndianHealth.  Good areas are the Raleys parking lot, Timberwood Estates, parts of the Briarpatch parking lots, and Nevada City Senior Apartments.

For your meeting on October 11, I request that your Council require your Planning or other department to look  into the issue and the possibility of local requirements on the matter, and report back to the public. I will be present to answer any questions.

Thank you.

HARRY WYETH

Item # 2.
45 Taylor Day
From: Barbara Rivenes
Sent: Monday, October 10, 2022 12:35 AM
To: Taylor Day
Subject: Tuesday GV meeting Pioneer Energy agenda item
[You don't often get email from b . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
To: City Council members,
My name is Don Rivenes. I live at 108 Bridger Ct Grass Valley. As Chair of Nevada County Climate Action Now we would like to express our support for the Agenda item recommending joining the CCA of Pioneer Community Energy. This is an opportunity to save Grass Valley citizens money on their electricity bills, but also to reach the goals of the Energy Action Plan  to reduce significantly greenhouse gas emissions. An option of the CCA exists for all citizens to sign up for 100% renewable energy. As a member of the Grass Valley Energy Action Plan Working Group I look forward to working with the CCA to offer more incentives for reaching our EAP goals.

Don Rivenes
Sent from my iPad

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48 Taylor Day
From: Greta Watson
Sent: Tuesday, September 27, 2022 11:08 PM
To: Public Comments
Subject: Very disappointed
Hi all,
I was very disappointed in your decision regarding the Baseline group. You were misled by them. After the meeting, one of their members stated that the only reason they formed a club was so that their group could get reservations. They have no interest other than subverting a system that has worked her and across the country for many decades.

As for the comment about across-the-board reservations, there are a number of issues that need to be resolved: how will it be administered, who will collect the court fees each time, how far in advance can a reservation be made (typically one day to three or four days), how will people who aren't knowledgeable about the reservation system react when they get bounced from a court before they have played an hour, and many more issues.

Greta Watson

Item # 2.

Item # 2.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Assembly Bill 361 Resolution
Recommendation: Adopt resolution R2022-79 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: 10/25/2022 Date Prepared: 10/20/2022 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: R2022-79

Item # 3.
266552.1
RESOLUTION NO. 2022-79

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 25th day of October, 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: 10/25/2022 Date Prepared: 10/20/2022 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: 10/25/2022 Date Prepared: 10/20/2022 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: Second Reading of Ordinance No. 819 Pioneer Community Energy - Community Choice Aggregation Program (CCA) for the City of Grass Valley Recommendation: That Council 1) adopt Resolution No. 2022-77 again, with Ordinance adoption date, requesting membership in Pioneer Community Energy and Authorizing the Execution of Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement; and 2) approve and waive full reading of Ordinance No. 819 Authorizing the Implementation of a Community Choice Aggregation Program in the City of Grass Valley.

Prepared by: Timothy Kiser, City Manager
Council Meeting Date: 10/25/2022 Date Prepared: 10/18/2022 Agenda: Consent
Background Information: Pioneer Community Energy (Pioneer) is a Joint Powers Authority (JPA) formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Lincoln, Placerville, and Rocklin.

Pioneer is a Community Choice Aggregation Program (CCA) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary goal of providing stable and competitive electricity rates to the residents and businesses within its member jurisdictions.

Pioneer purchases the electricity supply and PG&E transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain its distribution infrastructure. PG&E also continues to provide meter reading and billing services for Pioneer’s customers.

On September 17, 2021, the Pioneer executive team met with City staff to discuss the benefits of joining a CCA, how Pioneer may be a fit for this region and necessary next steps.

On January 25, 2022, the Pioneer executive team gave a presentation to the City Council. This presentation was a general introduction to a CCA and Pioneer. At this meeting, the City Council authorized staff to proceed with an Impact Assessment Study.

At the September 15, 2022, Pioneer Governing Board meeting, the Board received results of the Impact Assessment Study and unanimously approved a resolution authorizing Pioneer staff to begin the process of amending the Joint Exercise of Powers Agreement to allow the City of Grass Valley and Nevada City to join the JPA.

Item # 6.

According to the Impact Assessment Study and the Pioneer leadership team, the expansion provides potential benefits to the residents and businesses in the new member service territories. Significant benefits include:
 Stable and Competitive Rates – From 2018 through 2021, Pioneer customers have saved $21.9 million. The Impact Assessment Study indicates that the City residents and businesses should expect to see annual savings of more than $650,000, based on 2022 electric rates.
 Local Control – As a member of the JPA, the City will have one seat on the Pioneer Board of Directors. This Board member is appointed by the City Council. All meetings are open to the public and every person’s voice will be heard.
 Legislative & Regulatory Influence & Advocacy – Pioneer is an advocate for the member agency residents and businesses by working with the state legislature, the California Public Utilities Commission, and PG&E on behalf of customer interests and concerns.
 Local Jobs and Power Supply Resources – Pioneer supports local business. This occurs through power contracts and non-power contracts and purchases. The projected savings for Pioneer customers will result in more spending by residents and businesses, further stimulating the local economy.  Programs – The new members will have an impact on Pioneer’s energy efficiency programs and the ability to customize programs to meet their specific needs.

At the October 11th, 2022 City Council Meeting, the City Council approved Resolution No. 2022-77 requesting membership in Pioneer Community Energy, and authorizing the Mayor to execute Amendment No. 5 to the Amendment and Restated Joint Powers Agreement. At that meeting, City Council also introduced and conducted first reading of an ordinance authorizing the establishment of a CCA program in the City.

A Second Reading of the proposed Ordinance No. 819 is required to finalize the processing of the ordinance. Should the City Council adopt a second reading of the ordinance on October 25, 2022, the ordinance will become effective 30 days thereafter. Additionally, staff is requesting Council to readopt Resolution No. 2022- 77 to add the date the Council approved and finalized Ordinance No. 819.

The next step in this process will be for Pioneer’s Board of Directors to take action on the Amendment to the Joint Powers Agreement, allowing the City to join Pioneer as a member and Pioneer to commence the programs outlined above.

ENVIRONMENTAL CLEARANCE
The adoption of the Resolution does not constitute a project and is therefore exempt from the requirements of CEQA in accordance with Section 15378(b)(4) and (5).

Item # 6.

Council Goals/Objectives: The item executes portions of work tasks towards achieving/maintaining Strategic Plan – High Performance Government and Quality Service.

Fiscal Impact: The City bore a fiscal impact capped at $15,000 to fund half the cost of an impact assessment study with Pioneer funding the other half. There is no risk to the general fund related to joining of Pioneer and approving an ordinance to institute a CCA program in the City. The cost to serve the new members is funded through Pioneer rates. Overall, by joining Pioneer the City should save money on our yearly energy cost compared to PG&E.

Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: R2022-77, O.819, Pioneer JPA amendment no.5

Item # 6.
1 ORDINANCE NUMBER 819

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE

AGGREGATION PROGRAM IN THE CITY OF GRASS VALLEY
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the "Act"), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA); and WHEREAS, on September 27, 2006, Assembly Bill 32 (AB 32), the Global Warming Solutions Act, was signed into law establishing the goal of reducing California's greenhouse gas (GHG) emissions to 1990 levels by 2020; and WHEREAS, the Act expressly authorizes participation in a CCA through a joint powers agency, and on February 22, 2017, Pioneer Community Energy (Pioneer) was established as a joint powers authority pursuant to an Amended and Restated Joint Powers Agreement, as amended from time to time, for the establishment of a CCA; and WHEREAS, the California Public Utilities Commission certified the "Implementation Plan" of Pioneer, confirming Pioneer’s compliance with the requirements of the Act; and
WHEREAS, currently electricity is generated and provided to the residents of the City of Grass Valley by Pacific Gas and Electric Company (PG&E) with no alternative provider for the City of Grass Valley; and
WHEREAS, the City of Grass Valley finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, on March 22, 2022 the City and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of the City into the service area of Pioneer; and
WHEREAS, contingent on completion of those discussions and studies, the City believes joining Pioneer will provide financial and other advantages to businesses and residents of the City of Grass Valley; and
WHEREAS, the Pioneer Joint Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing a desire to become a member of the Pioneer Joint Powers Authority and adopt an ordinance electing to implement a CCA within its jurisdiction pursuant to PUC 366.2; and

Item # 6.
2 WHEREAS, the City finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378(a)).

Further, the ordinance is exempt from CEQA, as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061 (b)(3)).

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

SECTION 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.

SECTION 2. The City Council of the City of Grass Valley authorizes the implementation of a Community Choice Aggregation Program within the City of Grass Valley through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority, contingent on all of the following: completion of the impact analysis by Pioneer, the City’s adoption of a resolution of intent expressing the City’s desire to become a member of Pioneer, approval of an amendment to the Amended and Restated JPA by the City, each member entity, and the Pioneer Board, and the certification by the Public Utilities Commission of the Implementation Plan filed by Pioneer to include the City.

SECTION 3. The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be invalid, the City Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be invalid and such invalidity shall therefore not affect the remaining provisions of this Ordinance which shall remain in full force and effect or the validity of its application to other persons or circumstances.

SECTION 4. This Ordinance shall take effect 30 days after its adoption.

SECTION 5. A summary of this Ordinance will be published within 15 days after its adoption in The Union, a newspaper of general circulation in the City of Grass Valley.

Item # 6.
3 INTRODUCED and first read at a regular meeting of the City Council on the 11th day of October, 2022.

FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on the 25th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Ben Aguilar, Mayor
ATTEST:
___________________________
Taylor Day, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Michael Colantuono, City Attorney
PUBLISH DATE: _______________

Item # 6.
288515.v1
RESOLUTION NO. 2022-77

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

REQUESTING MEMBERSHIP IN PIONEER COMMUNITY ENERGY AND

APPROVING THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AND AMENDMENT NO. 5 THERETO
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the "Act"), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA); and WHEREAS, on September 27, 2006, Assembly Bill 32 (AB 32), the Global Warming Solutions Act, was signed into law establishing the goal of reducing California's greenhouse gas (GHG) emissions to 1990 levels by 2020; and WHEREAS, the Act expressly authorizes participation in a CCA through a joint powers agency, and on February 22, 2017, Pioneer Community Energy (Pioneer) was established as a joint powers authority pursuant to an Amended and Restated Joint Powers Agreement, as amended from time to time, for the establishment of a CCA; and WHEREAS, the California Public Utilities Commission certified the "Implementation Plan" of Pioneer, confirming Pioneer's compliance with the requirements of the Act; and
WHEREAS, currently electricity is generated and provided to the residents of the City of Grass Valley by Pacific Gas and Electric Company (PG&E) with no alternative provider for the City; and
WHEREAS, the City finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, in March 22, 2022, the City and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of the City into the service area of Pioneer; and
WHEREAS, on October 25, 2022, the City Council approved Ordinance No. 819 conditionally authorizing the implementation of a Community Choice Aggregation Program within the areas currently served by PG&E in the City through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority; and

Item # 6.
288515.v1
2 WHEREAS, having conducted additional discussions with Pioneer and having reviewed the results of the impact analysis commissioned by Pioneer, the City believes joining Pioneer will provide financial and other advantages to businesses and residents of the City by providing alternative choices to energy procurement beyond PG&E; and WHEREAS, the Pioneer Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing desire to become a member of the Joint Powers Authority; and WHEREAS, the City finds that adoption of this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378(a)).

Further, the resolution is exempt from CEQA, as there is no possibility that the resolution or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061 (b)(3)).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Grass Valley does hereby resolve, declare and order as follows:

Section 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.

Section 2. The City Council of the City of Grass Valley hereby expresses its desire to become a member of the Pioneer Community Energy Joint Powers Authority.

Section 3. The City Council of the City of Grass Valley requests that the Board of Directors of Pioneer Community Energy approve the City of Grass Valley as a member of the Pioneer Community Energy Joint Powers Authority.

Section 4. The City Council of the Grass Valley approves the Amended and Restated Joint Exercise of Powers Agreement and Amendment No. 5 thereto (attached hereto as Exhibit A and incorporated as if fully set forth herein) and authorizes the Mayor to execute same.

Section 5. The City Council of the City of Grass Valley authorizes the City Manager, or designee, to execute other documents necessary or desirable to facilitate membership in Pioneer Community Energy, subject to review and approval by the City Attorney.

Item # 6.
288515.v1
3 The foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Grass Valley held on the 25th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ben Aguilar, Mayor
ATTEST:

Taylor Day, Deputy City Clerk
APPROVED AS TO FORM:
_________________________________
Michael Colantuono, City Attorney

Item # 6.

AMENDMENT NO. 5 TO THE AMENDED AND RESTATED JOINT EXERCISE

OF POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
THIS AMENDMENT (hereafter "Amendment") amends the Amended and Restated Joint Exercise of Powers Agreement (hereafter "Amended and Restated JPA") with the effective date of February 22, 2017 which was by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, and as executed pursuant to Amendment No. 1 to the Amended and Restated JPA by the COUNTY OF EL DORADO and the CITY OF PLACERVILLE all public entities of the State of California. By this Amendment the City of Nevada City and the City of Grass Valley (collectively, the "New Voting Members") become signatories to the Amended and Restated JPA.

WHEREAS, on September 9, 2015 the COUNTY OF PLACER and the CITY OF COLFAX entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and WHEREAS, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
WHEREAS, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and WHEREAS, the Voting Members wish to amend the Amended and Restated JPA a fifth time to add the City of Nevada City and the City of Grass Valley as Voting Members.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES

AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:

1. Section 5.A shall be replaced by the following:

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the Authority shall consist of up to a twelve (12) person Board, consisting of two (2) members of the Placer County Board of Supervisors, and one (1) member each appointed by the El Dorado County Board of Supervisors, the Cities of Auburn, Colfax, Grass Valley, Rocklin, Lincoln, Nevada City, Placerville and the Town of Loomis that becomes a signatory to this Agreement ("Board Member").

Item # 6.

The Board of Supervisors from Placer County, the Board of Supervisors from El Dorado County, and the City/Town Councils set out above shall respectfully appoint such member(s) and not less than one alternate member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors or City/Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board or committee whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

2. Effective Date. This Amendment shall take effect and become operative after the Cities of Grass Valley and Nevada City each approve and sign the Amendment and after the CPUC certifies the Implementation Plan filed by Pioneer to include the Cities of Grass Valley and Nevada City.

3. Counterparts. This Amendment may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed or scanned copy of the executed signature page shall be sufficient to cause the terms of this Amendment to become fully operative. The effective date of this Amendment shall be the date it is approved by the Pioneer Board.

4. Except as specifically amended above, all other provisions of the Amended and Restated JPA shall remain in full force and effect.

IN WITNESS WHEREOF, the Voting Members have executed this Amendment No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.

EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF EL DORADO, a political
subdivision
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF PLACER, a political
subdivision
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
CITY OF AUBURN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF COLFAX, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF LINCOLN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF NEVADA CITY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF PLACERVILLE, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF ROCKLIN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.

EXECUTED ON
By _____________________________
Mayor, Town Council
TOWN OF LOOMIS, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Council Chambers and Hullender Conference Room Audio, Video and Sound System Broadcast Upgrade.

Recommendation: The Council 1) approves the City Manager to execute a Professional Services Agreement with Conti, LLC to complete audio, video, and sound system broadcasting upgrades in the Council Chambers and Hullender Conference Room subject to legal review; 2) allow City Manager to approve a 5% contingency; 3) allow Finance Director to make any necessary budget adjustments and transfers.

Prepared by: Zac Quentmeyer, Community Services Analyst II Council Meeting Date: 10/25/2022 Date Prepared: 10/14/2022 Agenda: Consent
Background Information: The COVID-19 pandemic dramatically changed the way citizens interface with local governments. Community demands for virtual involvement and participation in public meetings have increased since March 2020. While evaluating how to best meet the ever changing community demands, staff determined that updating the existing antiquated audio and video equipment in the Council Chambers is required to maintain equitable and meaningful access for the public. Upgrading the existing equipment will allow the City to meet current and future expected broadcasting and communitee needs. Additionally, the COVID-19 pandemic highlighted a need to be able to broadcast from multiple locations and receive input from the community in new ways. Therefore, this project includes adding audio and video equipment to the Hullender Conference Room to provide additional opportunities for public participation during highly attended or challenging public forum conditions.

Council Goals/Objectives: Upgrading Council Chambers and Hullender Conference Room audio, video, and sound system equipment fulfills High Performance Government and Quality Service objectives outlined in the adopted Grass Valley Strategic Plan.

Fiscal Impact: $125,299.65 (includes 5% cost increase contingency) Funds Available: Yes Account #: various accounts
Reviewed by: City Manager
Attachments: Draft Professional Services Agreement

Item # 7.

Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 09/22/2022

292553.v1

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Grass Valley / Conti, LLC])

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Grass Valley, a California municipal corporation (“City”), and Conti, a California limited liability company (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Install audio, video and sound system broadcasting equipment in the Council Chambers and Hullender Conference Room.

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant risk of the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s October 4, 2022, proposal to City attached hereto as Exhibit A and incorporated herein by this reference.

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Zac Quentmeyer, Community Services Analyst. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.

DRAFT

Item # 7.

Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 09/22/2022

292553.v1

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is One Hundred Nineteen Thousand Three Hundred Thirty-Three Dollars ($119,333.00).

3.5. “Commencement Date”: 10/25/2022.

3.6. “Termination Date”: 10/25/2023.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 16 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S DUTIES

5.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

5.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

5.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

DRAFT

Item # 7.

Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 09/22/2022

292553.v1

5.5. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

5.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Bill Famini shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

5.8. Substitution of Personnel. Naming any persons in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

5.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits, and building and safety permits and inspections.

5.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular DRAFT

Item # 7.

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business hours, upon oral or written request of City. In addition, pursuant to Government Code § 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6. SUBCONTRACTING

6.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed other than by an amendment to this Agreement.

6.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

6.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing.

6.4. Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes to or for any subcontractors.

7. COMPENSATION

7.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by the Agreement Administrator in advance.

7.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

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7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts in an invoice submitted by Consultant.

7.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment to this Agreement. Consultant shall not undertake any such work without prior written approval of the Project Administrator.

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

7.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.

8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

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10. RELATIONSHIP OF PARTIES

10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.

10.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or to otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent in any manner that it is, or that any of its agents or employees are, employees of City.

10.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

10.4. Indemnification of CalPERS Determination. If Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. INDEMNIFICATION

11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.

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11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.

11.4 Attorney Fees. Such costs and expenses shall include reasonable attorney’ fees for counsel of City’s choice, expert fees, and all other costs and fees of litigation.

Consultant shall not be entitled to any refund of attorney’ fees, defense costs, or expenses if it is adjudicated to have been non-negligent.

11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation act or similar act.

Consultant expressly waives its statutory immunity under such statutes or laws as to City.

11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

12. INSURANCE

12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same.

Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

12.2. Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include DRAFT

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the following reference: City Council Chambers and Adjacent Conference Room Audio, Video, and Sound System Broadcasting Upgrade Project • Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form.

Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ DRAFT

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Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. If Consultant is an individual and has no employees, the Project Administrator may accept an affirmation of that fact in lieu of proof of workers compensation insurance.

12.6. Automobile Liability Insurance. Covered vehicles shall include owned, if any, nonowned, and hired automobiles and trucks.

12.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work.

Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

The Project Administrator may, in his or her sole discretion, waive the requirement for Professional Liability Insurance by initialing here:

Initials: _________________
Name: __________________

12.8. Claims-Made Policies. If any of the required policies provide coverage on a claimsmade basis, the Retroactive Date must be shown and must be before the date of this Agreement or the beginning of work under this Agreement. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work under this Agreement. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work under this Agreement.

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees must be endorsed as additional insureds for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on DRAFT

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its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

12.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of work under this Agreement and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks before expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Grass Valley, Attn: Zac Quentmeyer, 125 East Main Street, Grass Valley, CA 95945.

12.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

12.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

12.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts before execution of this Agreement.

City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies.

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12.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement or its early termination.

13. MUTUAL COOPERATION

13.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as are reasonably available for the proper performance of Consultant’s services under this Agreement.

13.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Zac Quentmeyer
City of Grass Valley
Community Development Department
125 E Main Street
Grass Valley, CA 95945
Telephone: (530) 274-4713
Facsimile: (530) 274-4399
If to Consultant
Bill Famini
Conti, LLC
920 Stillwater Rd. Suite 180
West Sacramento, Ca 95605
Telephone: (916) 900-8111 x231
Facsimile: (916) 256-3361
With courtesy copy to:

Michael G. Colantuono, Esq.

Grass Valley City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Telephone: (530) 432-7357
Facsimile: (530) 432-7356
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15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 5.11 (Records), Section 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnification), Section

12.8 (Claims-Made Policies), Section 13.2 (Consultant Cooperation in Defense of Claims), and Section 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement.

16. TERMINATION

16.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

16.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice to allow City time to procure replacement services.

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

17. INTERPRETATION OF AGREEMENT

17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations from this Agreement shall be effective and binding only if made in writing and executed by City and Consultant.

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17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience of reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall govern in the construction of this Agreement.

17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

18. GENERAL PROVISIONS

18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose them without prior written consent by the Project Administrator. City shall grant such consent if disclosure is legally required. Consultant shall return all City data to City upon the termination or expiration of this Agreement.

18.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest under the Political Reform Act with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. No City Councilmember, officer, or employee of City, during the term of his or her service to City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising from it.

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18.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.4. Binding on Successors. This Agreement shall be binding on the successors and permitted assigns of the parties.

18.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties under this Agreement.

18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

18.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant shall post this nondiscrimination clause in conspicuous places, available to employees and applicants for employment.

18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

18.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by either party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

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18.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable and actual attorneys’ fees and costs expended in the action.

18.12. Venue. The venue for any litigation shall be Nevada County, California and Consultant hereby consents to jurisdiction there for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Grass Valley
By:________________________________
Signature
Printed: Tim Kiser
Title: City Manager
Date:______________________
“Consultant”
Conti, LLC
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Taylor Day, Deputy City Clerk
Date:_ _______________________________________________
Approved as to form:

By:__________________________________
Michael G. Colantuono, City Attorney
Date:________________________
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EXHIBIT A

SCOPE OF SERVICES
Council Chambers
Audio System
A. DSP
Remove the current hardware and replace with a new QSC Core 110f Processor.

1. Programming will be added for the Conferencing audio

2. Provide/Install (12) Shure Gooseneck Microphones for the Dias and Staff

3. Provide/Install New Amplifier

4. Provide/Install (8) new ceiling mounted speakers in the council chambers and (6) in the Conference Room
Video System
A. Video Matrix
The solution will be a 8x8 Crestron Digital Media system to switch all video sources and Destination via
the Crestron touch-panels.
• Provide/Install (3) DM output cards 3 existing Displays in the Council Chambers, the 2 Displays in
the Conference Room and (5) monitors at the Dias and staff locations. • Provide/Install (3) DM input cards for the (1) inputs at the Clerk and the (1) Podium (1) in the Conference Room
• Provide/Install (2) HDMI output cards for the AV DM Audio to QSC QSYS DSP & Wirecast B. Video signal Input
Provide HDMI and USB inputs for laptops at the following location:
• Clerk this will allow for presenter input and input for USB to facilitate conferencing. • Podium this will allow for presenter input and input for USB to facilitate conferencing • Conference Room this will allow for presenter input and input for USB to facilitate conferencing
• SDi Inputs from Wirecast (1) for the Council Chambers (1) for the Conference Room C. Video signal Output
Provide the video distribution outputs to the following locations:
• (4) Displays in Council Chambers & Lobby
• (5) Monitors around Dais
• (2) 75” Displays in Conference Room
• Broadcast feed
Control System
A. Crestron series 4 processor to control hardware. The user interface will be • Touch panel located at Clerk location (1) 21” Touch panel with video • Touch panel location T.B.D. in the Conference Room (1) 7” Touch panel DRAFT

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B. The graphical user interface (GUI) will include:
• An audio page to adjust audio levels as well as mute
• A video page for routing of video inputs to outputs
• Dynamic preset buttons for the different meeting types to take place in the Council Chambers.
• Video Conferencing
• Ipad Duplication
Cameras
A. Integrate Owner Provided Camera’s
B. Cameras will be controlled by Wirecast
Conference Room
• Provide/Install (2) new 75” Displays
• Provide/Install (2) new Ceiling Microphones
• Touch panel location T.B.D. in the Conference Room (1) 7” Touch panel • HDMI Input to system/ USB Extender this will allow for presenter input and input for USB to facilitate conferencing
AV Equipment Racks
• Use Existing Rack
Electrical Work
• Add electrical outlets in the conference room for 2 display locations, use existing electrical circuits in Conference room
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Conti LLC
920 Stillwater Rd. Suite 180,
West Sacramento, CA 95605
Transmittal, Rev. 1, 3/25/2020
TO:

DATE: 10/4/22 JOB NO.: -----
ATTENTION:

ZAC QUENTMEYER
RE: City of Grass Valley - RFP - City Council Chambers and Adjacent Conference Room Audio, Video, and Sound System Broadcasting Upgrade Project WE ARE SUBMITTING THE FOLLOWING: IN THE FORM OF:PDF’s

PROPOSAL ATTACHED DISKETTES SAMPLES

COPY OF LETTER CHANGE ORDER RFI PRINTOUTS
OTHER – SPECIFICATIONS Submittal
Quantity DESCRIPTION
1 Proposal for the City Council Chambers and Adjacent Conference Room Audio, Video, and Sound System Broadcasting Upgrade Project
Conti LLC acknowledged and has reviewed and accepted the City of Grass Valley sample agreement (Attachment A) with or without qualifications.

EXHIBIT B - PROPOSAL
DRAFT

Item # 7.

Conti LLC
920 Stillwater Rd. Suite 180,
West Sacramento, CA 95605
Transmittal, Rev. 1, 3/25/2020
SUBMITTED BY: Bill Famini
Bill Famini

TECHNOLOGY DIVISION MANAGER- NORTHERN CALIFORNIA
920 Stillwater Road Suite 180 West Sacramento, CA 95605 C 702.561.8163
P 916.900.8111 x231
F 916.256.3361
W conticorporation.com
RECEIVED BY:

Print: ------------------------------------------------------------------------- Signature:

DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502
Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]
A brief history of Conti LLC
Conti is a nationwide company that has been in business since 1969.

Service’s offered are renewable energy and environmental, electrical and technology. Within the technology we offer Audio Visual, Tel/Data and security systems.

Conti has over 12 Company owned locations throughout North America and Mexico. Conti not only
has their own service and support infrastructure at each location but also has regional, national and
international resources which give us the ability to quickly scale the necessary resources for projects.

We have the resources, both financial and the available personnel pool, to begin this project today.

We welcome your questions and discussions relevant to the solutions that we have included as part
of this proposal
Conti always expects to work closely with our customer in the pursuit of a successful implementation project. While Conti will assume the responsibility for the project management of our customer's internal resources. Conti has found that its customers benefit from participating in the project assessment, planning and ongoing status reporting process. By having participated throughout its key phases, there is ownership and buy-in to the end product.

Conti, in turn, will benefit from the detailed knowledge that our customer has of its operation, current systems, and business imperatives.

DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

10/4/22
To:

Re: Council Chambers & Conference Room Audio/Visual Upgrades

Dear Mr. Quentmeyer,
We are submitting a proposal based on the site visit and discussions for the City of Grass Valley, furnishing and installing audio/video and control systems for Council Chambers and Conference Room We believe this proposal offers the City of Grass Valley exceptional range of experience and depth of resources necessary to provide responsive, quality work at a cost-effective price.

As the enclosed proposal will indicate, Conti has the experience, dedication, and flexibility to accomplish the goal of this project.

We have developed the methodologies, processes and procedures that ensures the City of Grass Valley that Conti will complete this project on schedule, will meet all expectations and will meet or exceed all safety and health requirements.

In addition, with these processes and programs in place, Conti will provide the most cost-effective pricing solution and long-term value to the City of Grass Valley. • We are licensed C7/C10 contractor, we will provide all electrical and low voltage systems as detailed below
As per our discussions, site visit and email communications, Conti LLC is pleased to provide you the following proposal for the City of Grass Valley Council Chambers & Conference Room AV Upgrade. We based our proposal on the correspondents and site visit DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Description of Proposed Solution
Council Chambers
Audio System
A. DSP
We will remove the current hardware and replace with a new QSC Core 110f Processor.

1. Programming will be added for the Conferencing audio

2. Provide/Install (12) Shure Gooseneck Microphones for the Dias and Staff

3. Provide/Install New Amplifier

4. Provide/Install (8) new ceiling mounted speakers in the council chambers and (6) in the Conference Room
Video System
A. Video Matrix
The solution will be a 8x8 Crestron Digital Media system to switch all video sources and Destination via the Crestron touch-panels.
• Provide/Install (3) DM output cards 3 existing Displays in the Council Chambers, the 2 Displays in the Conference Room and (5) monitors at the Dias and staff locations. • Provide/Install (3) DM input cards for the (1) inputs at the Clerk and the (1) Podium (1) in the Conference Room
• Provide/Install (2) HDMI output cards for the AV DM Audio to QSC QSYS DSP & Wirecast B. Video signal Input
We will provide HDMI and USB inputs for laptops at the following location:
• Clerk this will allow for presenter input and input for USB to facilitate conferencing. • Podium this will allow for presenter input and input for USB to facilitate conferencing • Conference Room this will allow for presenter input and input for USB to facilitate conferencing
• SDi Inputs from Wirecast (1) for the Council Chambers (1) for the Conference Room C. Video signal Output
We will provide the video distribution outputs to the following locations:
• (4) Displays in Council Chambers & Lobby
• (5) Monitors around Dais
• (2) 75” Displays in Conference Room
• Broadcast feed
DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Control System
A. Crestron series 4 processor to control hardware. The user interface will be • Touch panel located at Clerk location (1) 21” Touch panel with video • Touch panel location T.B.D. in the Conference Room (1) 7” Touch panel B. The graphical user interface (GUI) will include:
• An audio page to adjust audio levels as well as mute
• A video page for routing of video inputs to outputs
• Dynamic preset buttons for the different meeting types to take place in the Council Chambers.
• Video Conferencing
• Ipad Duplication
Cameras
A. Integrate Owner Provided Camera’s
B. Cameras will be controlled by Wirecast
Conference Room
• Provide/Install (2) new 75” Displays
• Provide/Install (2) new Ceiling Microphones
• Touch panel location T.B.D. in the Conference Room (1) 7” Touch panel • HDMI Input to system/ USB Extender this will allow for presenter input and input for USB to facilitate conferencing
AV Equipment Racks
• Use Existing Rack
Electrical Work
• Add electrical outlets in the conference room for 2 display locations, use existing electrical circuits in Conference room
Description Cost
Audiovisual Upgrade Material/Labor/Programming/Training/Documentation $117,333.00 Electrical Work $2,000.00
TOTAL COST $119,333.00
DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

The proposed quote for project pricing includes all anticipated expenses for all efforts, equipment and services associated with documentation, design, hardware, configuration, deployment, and support for the first year.

Hardware Updates – This would be for software and firmware per system, we typically have a remote connection and schedule with facility to update bi-annually. We will have staff onsite to verify system functionality as well.

Training.

To include costs to train City IT/Public Information staff on the operation of the solution.

Training will also provide a sufficient overview of the configuration of the components of the system to allow City IT/Public Information staff to troubleshoot any problems or tune any components for maximum performance. A quick reference guide will be provided for the touch panels.

INCLUDED IN BASE BID Warranty, Conti shall fully warrant all materials, equipment and installation furnished under the terms of this Proposal against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, Conti shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations.

California State Contractors License
Business Information

CONTI LLC
6417 CENTER DRIVE
STERLING HEIGHTS, MI 48312
Business Phone Number:(586) 274-4800
Entity Ltd Liability
Issue Date 08/03/2020
Expire Date 08/31/2022
DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Standard Project Schedule
The following project schedule is typical for a technical infrastructure type implementation project, using the following outline of activities as a guideline to ensure all activities are accounted for and executed in a timely and thorough manner for our customer's project:

Project Planning

1. Project Kickoff

2. Define Project Scope

3. Review all business priorities and constraints

4. Define all roles and responsibilities

5. Develop communication plan

6. Determine project status reporting approach

7. Determine issue tracking and resolution approach

8. Schedule all status meetings

9. Develop project plan framework
Integration Implementation Planning

1. Identify all sites elements in implementation scope

2. Develop all equipment configurations

3. Determine extended DMARC requirements

4. Determine performance testing objectives and test plan

5. Organize all sites into implementation phases

6. Apply rollout schedule to all phases

7. Develop detailed project plan with all implementation activities, activity duration, activity dependencies, resource assignments and complete project timeline A brief Summary of Qualifications and Experience for Key Staff assigned to this project Bill Famini – TECHNOLOGY DIVISION MANAGER- NORTHERN CALIFORNIA In the AV Industry 25+ years as a design/build engineer Managed Projects as large as 5M staff of 30 for AV Projects Has worked in a variety of types of Projects- Corporate AV, Hospitality Venues, Education and Public Works projects
DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Certifications- are Infocomm CTS, BSS London, QSC Qsys Level 1 Level 2, Crown CTi, Symetrix Certified Pro,Crestron DMC-D, Crestron DMC-E, Crestron Conf. of Crestron Systems, Crestron Essentials of Crestron Programming and BiAmp Tesira
Live Sound Engineer for past 30+ years
Tim White
Site Supervision 25+ years AV Industry
Forman/superintendent on Projects 5M staff of 8 AV and Voice/Data Has worked in a variety of types of Projects- Corporate AV, Hospitality Venues, Education and Public Works projects
Certifications- Fluke,Systemax,Leviton,Siemon, Commscope, Hilti, Fall Protection, Confined Space Entry, Boom Lift/ Scissor Lift
OSHA 1
Experience and Technical Competence
Experience
Our Project team will provide the following services all project management including scheduling, equipment purchases, and installation, programming, and testing. Conti has been designing/installing A/V systems for over 20 years. Bill Famini will be your main point of contact for onsite coordinate, installation as well as procurement and support of system installed.

In the past Conti’s Projects include Design/Build and Consultant specified jobs Projects range from Casino’s, Convention Center, Hotels, Schools and City/County facilities to name a few.

Technician’s onsite have over 15 years’ experience in installing/commissioning AV systems.

Their focus will be on the installation/commissioning. Training will be handled by our Project Manager.

Conti has built projects ranging up to 1.2 million square feet with all facets of AV to include Distributed Audio Systems, Digital Signage, Video Walls Distributed Video Systems, Network A/V Systems to name a few.

Conti has over 1000 employees nationwide including Industrial,Technology,Comercial and Service utilizing staff from IBEW electricians and Sound/Communication.

Conti employees a staff that has not only installs AV systems, but the skill set of the operators and technicians. This enables us to select as well as test hardware that best suites each project.

Conti’s standard Project Management techniques are advocated by a methodology developed after years of project management experience in a variety of industries, including companies large and small, and within the private and public sector.

DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Below are 3 Projects for reference
• Project Name: North Las Vegas City Hall

1. Contract Amount: $2,252,868.70

2. City/Client Contact: North Las Vegas/Dave Sawyer

3. Name: Adam Cohen

4. Email: [email protected]

5. Satellite Receivers: distributed via IP TV System Installed

6. The video system was upgraded to Crestron Digital Media

7. The Audio system is Qsys platform.

8. The Control system is a Crestron DM system for video source switching.

9. For local control, Touch panels are Crestron.
• Project: Name: Nashville Music City Center Convention Center

1. Contract Amount: $4,777,000.00

2. City/Client Contact: Nashville/Eric Blouin

3. Name: Eric Blouin

4. Email [email protected]

5. System Installed: CATV System installed

6. The video system to Crestron Digital Media

7. The Audio system is Qsys platform.

8. The Control system is a Crestron DM system for video source switching.

9. For local control, Touch panels are Crestron.
• Project Planet Hollywood Hotel-High Rise Tower and Podium

1. Contract amount: $72,000,000.00

2. City/Client Contact: Las Vegas NV Tutor Seliba

3. Name: Gerry Tan (702)-604-0336

4. System Installed: MATV/CATV System 45 floors

5. The video system was upgraded to Crestron Digital Media.

6. The Audio system is BSS London platform.

7. The Control system is a BSS London system for audio control.

8. For local control Touch panels are Crestron.

9. The camera system is 4 new HD camera’s controlled by video Crestron.

10. Video system setup for cameras to follow audio.

DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Information on past projects for consideration in evaluating Conti’s qualifications.

Project Name BOS Chambers Audio-Visual Presentation Systems Upgrade Project Description: Audio Visual, Systems
Address 950 Maidu Avenue, Nevada City, CA 95959
Contract Amount: $125,333.00
Completion Date: 9/1/18
Contact Info Landon Beard: [email protected] Phone: (530)265-4168 Below is a basic description of the project. Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform. • The video system was upgraded to Crestron Digital Media. • The Audio system is Qsys platform.
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron
• The camera system is 1 new HD camera controlled by video Crestron.

Project Name Boardroom Modernization
Project Description: Audio Visual,Systems
Address: 5700 Almaden Expressway, San Jose, CA 95118
Contract Amount: $583,000.00
Completion Date: 6/1/18
Contact Info Michael Cook: [email protected] Phone: (408) 630-2347 Below is a basic description of the project.

Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform.
• The video system was upgraded to Crestron Digital Media. • The Audio system is a Qsys platform.
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron.
• The camera system is 4 new HD camera’s controlled by video Crestron. • Video system setup for cameras to follow audio.

Project Name County of San Joaquin
Project Description: Audio Visual,Systems
Address: 44 North San Joaquin St, Suite 590, Stockton, CA 95202 Contract Amount: $186,624.00
Completion Date: 2/21/17
Contact Info Greg Moore: email: [email protected] Phone: (209) 944-8838 DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Below is a basic description of the project.

Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform.
• The video system was upgraded to a Vaddio video switcher. • The Audio system is BiAmp AudiaFlex platform.
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron.
• The camera system is 4 new HD camera’s controlled by video switcher or Crestron. • Video system setup for cameras to follow audio.

Project Name Carmel by the Sea Council Chambers Upgrade Project Description: Audio Visual,Systems
Address: Monte Verde St., between Ocean & 7th Avenues Carmel-by-the-Sea,CA 93921 Contract Amount: $112,646.00
Completion Date: 8/3/17
Contact Info Joel Staker email: [email protected] Phone (831) 620-2025 Below is a basic description of the project. Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform. • The video system was upgraded to a Vaddio video switcher. • The Audio system was upgraded to Crestron DSp platform with Dante. • The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron.
• The camera system is 4 new HD camera’s controlled by video switcher.

Project Name City of Turlock Community Room Upgrades
Project Description: Audio Visual,Systems
Address: 156 S.Broadway, Turlock CA 95380
Contract Amount: $347.346.00
Completion Date: 6/3/16
Contact Info: Carlo Grossman email: [email protected] Phone (209) 656-2780 Below is a basic description of the project.

Community Room was updated due to a multipurpose room that was outdated; the new system is based on a digital platform.
• The video system was upgraded to a broadcast pix video switcher. • The Audio system was upgraded to Biamp Tesira platform with audio conferencing. • For the board meetings a Taiden System was installed each board member has their own Taiden touchscreen for voting/agenda etc. controls
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron
• The camera system is 4 new HD camera’s controlled by camera switcher, video switcher or Crestron.

DRAFT

Item # 7.

DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Standard Exclusions/Clarifications

1. Any hazardous material abatement.

2. Permits fees, Inspection Costs, & Utility Fee's.

3. If required, Payment and Performance Bond cost will be a change order for Conti.

4. Fire stopping of any raceways and or pathway

5. Demo work

6. Any concrete cutting or patching

7. All work to be complete during normal business hours We appreciate you considering Conti LLC for this project. We are prepared to commence with material procurement and resources upon receipt of a notice to Proceed. If you have any questions or queries, feel free to email or call me.

Respectfully,
Bill Famini

TECHNOLOGY DIVISION MANAGER- NORTHERN CALIFORNIA
920 Stillwater Road Suite 180 West Sacramento, CA 95605 C 702.561.8163
P 916.900.8111 x231
F 916.256.3361
W conticorporation.com
Proposal is valid for 30 days from quotation.

Acceptance of Proposal – The Above Price, Conditions Are Satisfactory and are hereby accepted. You are authorized to do the work as specified.

Signature: Date:

Print Name:__________________________________________________ DRAFT

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: MissionSquare, ICMA 457b Retirement Plan Loan Program Implementation Recommendation: That City Council 1) adopt Resolution 2022-80, Amending the MissionSquare, ICMA 457B Retirement Plan to Permit Loans; and 2) Council approves staff to execute the MissionSquare, ICMA Loan Guidelines Agreement.

Prepared by: Catrina Olson, Deputy Administrative Services Director Council Meeting Date: 10/25/2022 Date Prepared: 10/20/2022 Agenda: Consent
Background Information: The City of Grass Valley currently has four 457b Retirement Programs (1) Nationwide, (2) CalPERS, (3) FTJ/Orion and (4) ICMA. The 457b plans are an additional vehicle provided to employees to fund retirement. Each of the programs listed above, with the exception of ICMA, have associated loan programs for the employees to utilize. The Administrative Services Department was recently contacted by an employee participating in the ICMA Retirement Program stating that participants in that plan do not have access to a loan program. In reviewing the plan documents, it was found that a loan program had not been set up. Executing the attached agreement will initiate a program for the participants in the ICMA plan to have access to loans against the funds they have contributed.

Council Goals/Objectives: Implementing the ICMA 457b Retirement Loan Program executes portions of work tasks towards achieving and maintaining Strategic Plan Goal – Productive and Efficient Workforce.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:

1. Resolution 2022-80, A Resolution of the City Council of the City of Grass Valley Amending the MissionSquare, ICMA 457b Retirement Plan to Permit Loans

2. MissionSquare Loan Guidelines Agreement

Item # 8.
288515.v1
RESOLUTION NO. 2022-80

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY AMENDING THE MISSIONSQUARE, ICMA 457B RETIREMENT PLAN TO PERMIT LOANS
WHEREAS, the City of Grass Valley (“Employer”) has employees rendering valuable services; and
WHEREAS, the Employer has established a retirement plan (the “Plan) for such employees which serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and
WHEREAS, the Employer has determined that permitting participants in the retirement plan to take loans from the Plan will serve these objectives; NOW, THEREFORE, BE IT RESOLVED, that the Plan will permit loans.

The foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Grass Valley held on the 25th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ben Aguilar, Mayor
ATTEST:

Taylor Day, Deputy City Clerk
APPROVED AS TO FORM:
_________________________________
Michael Colantuono, City Attorney

Item # 8.

ICMA-RC
isste Square Loan Guideli nies Agreement | PAGE10F6

RETIREMENT
The purpose of this agreement is to establish the terms and conditions under which the Employer will grant loans to participants. You should consider each option carefully'before making your selections because your selections will apply to all loans made while the selection is in effect. If you later change any provision, the changes will apply only to loans made after the change is adopted. Loans in existence at the time of any future changes will continue to operate under the guidelines that were in effect at the time the loan was originally made.

Please read the instructions and carefully complete all sections of this agreement.

New Loan Prog ram OR D Amendment to Loan Progr. m
1 EMPLOYER PLAN INFORMATION
Name of Plan (Enter the complete Employer name. including state): citV of Grass Valley Plan Type: £: 457(b) Deferred Compensation Plan D 401 (a) Money Purchase Plan D 401(a) Profit-sharing Plan MissionSquare Plan Number(s): 302691
403(b) Retirement Plan
2 EUGIBIUTY a LOAN SOURCE
Loans are available to all active employees, exceptthose with asi existing loan in default. 401(a)/403(b) Plans - If your 401(a)/403(b) plan is funded by a combination of Employer and Employee contributions, you must specify whether one or both of the following can be used as a source for participant loans. (Select one ortotfi options below) Employer Contribution Account (vested ba/anceson/y)
Participant Contribution Accounts (pre-andpost-tax. if applicable, including Employee Mandatory, fimptoyee Voluntary, Employer Roll-ln, and Portable Benefits Accounts, but excluding the Deductible Employee Contribiition/QuaMed Voluntaiy Employee Contribution Account) Roth Assets (if applicable) - If your 457(b), 403(b), or 401(a)(k) plan allows Roth contributions, a participant's Designated Roth Account balance will be included when calculating the amount a participant is eligible to borrow. However, you must specify whether or not a participant's Designated Roth Account can be used as a source for participant loans. (Select one option below) D A participant's Designated Roth Account will not be available as a source for loans under the plan (default option) A participant's Designated Roth Account will be available as a source for loans under the Plan.

Note: If Roth assets are available as a source for loans, a loan that is deemed distributed will not satisfy the requirennents for a qualified (tax-free) distribution of Roth assets. This may result in participants paying taxes on assets that would otherwise ie available tax-free. -* LOAN PURPOSE
Loans are available for the following purposes and must be requested in the corresponding method (select one):

All Purposes -With this option, participants can requests loan for any reason. Participants will be able to request new loans or refinance existing loans using the Online Loans option.

Other Purposes - With this option, loans shall only be granted for reasons that are defined and approved by the plan. Participants will be able to request new loans or refinance existing loans using the Online Loans option. Please define purposes below and attach additional pages if needed.

MissionSquare Retirement AttrcWoikflowMaiagenrentTeain P.O. Bnx96220 Washington, DC 20090-6220 Toll free 800-669-7400 www.icmarc. oig Faii(202)A82-6439 7 50941..KZ1-489

Item # 8.
'SSIOnSqua'e Loan Guidelines Agreement | PAGE 2 OF 6

RETIREMENT
4 APPUCATION PROCESS
The loan application process will vary depending on the option you selected in Section 3 above (Loan Purpose). (A) All Purposes
. Participants can request a new loan or to refinance an existing loan using the MissionSquare website at: www.icmarc. org . The participant agrees to the terms of the loan during the online loan request process. . MissionSquare sends the loan documents and the loan proceeds (via check or ACH) to the participant (B) Other Purposes
. Participants can request a new loan or to refinance an existing loan using the MissionSquare website at: www.icmarc. org « The participant agrees to the terms of the loan during the online loan request process. . The Employer must review and approve the loan via EZLink. . If approved, MissionSquare sends the loan documents and the loan proceeds (via check or ACH) to the participant.

The loan amount will generally be redeemed from the employee's account on the same day as either MissionSquare receipt of a loan request/application (complete and in good order), if it is submitted prior to market close on a business day. If not, the loan amount will be redeemed on the next business day following submission. The loan proceeds for an all purpose loan is generally issued on the next business day following redemption, and will be sent to the participant based on their option during the loan application process. 5 MAXIMUM NUMBER OF IOANS (SB.KTONE)
Participants may receive one loan per time period defined in the plai i document fe. g., calender or plan year). Please specify whether participants may have only one (1) or up to five (5) loans outstanding at one time. Maximum number of loans is one (1) by default. If you want to allow a different amount, enter a value of 1 through 5 in the Other Section.

One (1). Participants may have only one (1) outstanding loan at a time (default).

D Other. Participants may have up to _ (enter 2, 3, or4) loans outstandinq at one time.

D Other 403(b) ONLY. Participants with outstanding legacy loans may have one outstanding loan otht-'r than the legacy loans. 6 LOAN AMOUNT
Maximum: The maximum amount of all loans to a participant from tlie Plan and all otlier plans of the Employer that are either eligible deferred compensation plans described in section 457(b)(b) of the Code or qualified employer plans under Section 72(p)(4) of the Code (e.g., 401(a)/403(b) plans) shall not exceed the lesser of:
(1) $50,000, or
(2) One-half of the value of the Participant's interest in all of his or her Accounts under this Plan.

When calculating the maximum amount a participant is eligible to borrow from his/her account, the lesser value of(1)or{2) above must be reduced by the participant's highest outstanding loan balance over the past 12 months.

Minimum: The minimum loan amount is $1,000.

A loan cannot be issued for more than the maximum amount. The participant's requested loan amount is subject to downward adjustment without notice due to market fluctuation between the time of application and the time the loan is issued.

Loan amounts will be taken pro-rata from alt of a participant's investments.

MissionSquaie Retirement AUrcWoikflowManagementTeam P.O. Box 96220 Washing'on, DC 20090.6220 TollFree800.6A9.7400 www.icmarc.nrg Fax (202) 682.6439 8 50941.0621-4S9

Item # 8.
'SStenSquare Loan Guidelines Agreement | PAGE30F6

RETIREMENT
7 UNGTHOFLOAN
Loans must be repaid in substantially equal installments of principal and interest over a period that does not exceed five (5) years.

Prindpal Residence Loans
If the participant will be using the loan to purchase a principal residence, the five (5) year time limit may not apply. Participants can repay a principal residence loan over a period of up to 30 years. Please specify the maximum repayment period for principal residence loans from your plan below.

Maximunn repayment period for principal residence loans 30 {Enter a number of years, up to 30) 8 LOAN REPAYMENT PROCESS
Specify the repayment method(s) and repayment frequency your plan will use. Note that loan amounts plus interest, minus applicable fees paid to MissionSquare, are repaid to participant accounts and not to MissionSquare. You can allow repayments to be made via payroll deduction orACH payments from a participant's bank account. Loan repayments must be made at least monthly (457(b)l or quarterly (401(a)/403{b)].

Repayment Method (Select One):

For 457(b) and 401(a) or (k) plans: ACH OR D Payroll Deduction 403(b) plans loan repayments can only be paid by ACH*
*ACH Payment Rejected Fee -If a loan repayment scheduled to be paid via ACH debit is rejected due to ir-svfficient ijnds, invalid bank account information, or account closure, a fee will be charged to the participant's account. The fee is $20 for the first occurrence and $50 for each subsequent occurrence.

Repayment Frequency:

For Payroll Deduction: Repayments through payroll deduction will be sent via check, wire or ACH debit by the Employer to MissionSquare on the following cycle (Select One):

D Weekly ,52 per yearj D Bi-weekly^ per yearj D Semi-monthly f24 per/ea^ D Monthly ^2 peryead D Quarterly (4 per year) - Available to 401(a) only.
for AW (Select One)-. HwS^ny per year) D Bi-weekly (26 peryeaf,) Next two payroll dates: MM/ocmw and MuiBomn
Initiating Repayments: ACH debits from the employee's designated bank account will begin approximately one month following the date the loan is processed by MissionSquare.

Payroll deduction should begin within two payroll cycles following the date the loan is processed by MissionSquare. Employees using this method must notify the Employer immediately so that repayments will begin as soon as practicable, on a date determined by the Employer's payroll cycle. Failure to begin payroll deduction in a timely manner could lead to the employee's loan entering delinquency status.

Investment of Loan Repayments: All loan repayments are invested according to the instructions the participant has on file for the investment of contributions to his/her account.

Additional Loan Repayments and Early Pay-Off: A participant may pay off all of the principal and interest early without penalty or additional fee. If a loan is paid in full prior to the end of the term of the loan, no further interest will accrue. Please note that no payment date may be "skipped" even if the employee has made a large payment or submitted multiple payments.

Loans in Default Participants using the ACH repayment option may default on their loans for lack of repayment more frequently than those using the payroll deduction method. For this reason, you may choose to require that certain participants use the payroll deduction repayment method.

Multiple Loans: If a participant has multiple loans outstanding from the plan, each loan repayment must be separately reported to MissionSquare.

MissionSquare Retirement Attn: Workfww ManageinentTeam P.O. Box 96220 Washirglon, DC 20090-6220 Toll Free 800-6A9-7400 www.icmarc.org Fax (202) 682-6439 509410621-489

Item # 8.
1SStenSquare Loan Guidelines Agreement | PAGE40F6

RETIREMENT
8 LOAN REPAYMENT PROCESS (CONTINUED)
Former Employees and Leave of Absence: Former employees and employees on a leave of absence must repay their loans on the same schedule that would have applied had they continued employment.

Your plan may allow terminated employees to continue to repay their loans either through ACH, or by giving/sending you a check each repayment period (see the Acceleration section). If you allow terminated employees to repay loans by giving/sending you a check, you will include the repayment amounts in your next regular employee contribution remittance to MissionSquare.

In certain situations, employers may suspend loan repayments for a period of time for employees on a leave of absence or military leave. Please refer to Treasury Regulation section 1.72(p)-1, QfiiA-9for more information.

Repayments Must Continue: In implementing a loan program you should be aware that some employers have had to contend with the inability of some participants to repay their loan(s). You should be aware that you may not stop taking loan repayments from the employee's paycheck - even if the employee asks that repayments be stopped. Failure to payroll-deduct loan repayments on schedule could both jeopardize the eligibility or qualification of the entire plan as well as create a taxable event for the participant. Likewise, if an employee is repaying the loan through ACH debit of his/her bank account, and the employee fails to make payments, this could jeopardize the eligibility of your retirement plan. Employers are ultimately responsible for eisuring that loans are repaid according to the loan terms.

MissionSquare will notify both you and the employee if a payment has not been received. 9 LOAN INTEREST RATE
The loan interest rates are set for non-residential loans at the prime rate plus 0.5%, and for principal residence loans at the FHA/VA rate. The interest rate for new loans fluctuates from month-to-month. The rates for the following month are determined on the last business day of the month using Money Cafe (prime rate) and Citi Mortgage (principal residence rate).

When a new loan is approved, the interest rate is locked in and remains constant throughout the life of the loan. 10 SECURITY/COIAATERAL
At the time a loan is taken, 50 percent of the participant's account balance or the amou it of the loan, whichever is less, will be used as collateraf for the loan. 11 KSXELatfSIOH(SEl£CTONE)
Please specify whether participants who have separated from service will be able to continue loan repayments until they have withdrawn their entire account balance from the plan, or if outstanding loans will be due and payable at the time the participant sepa-ates from service.

All outstanding loans shall be due and payable by a participant upon:

D Separation from service. All loan repayments must stop following an employee separating from service.

Distribution of his/her entire account balance, mployees can continue making loan repayments until they have withdrawn their entire account balance.

Outstanding loan balances that are not repaid will be reported as distributions to the participant. See the Deemed Distributions section for addition.il information.

MissiBiSquare Retirement Attn:WorkflowManagementTeani P.O. Box9i220 Washington, OC 20090.6220 TollFiee8C3.669-7400 www.icmafc.ors Fax (202) 682-6439 10 50941-OU1-48V

Item # 8.
1SStenSquare Loan Guidelines Agreement | PAGE50F6

RETIREMENT
12 REAMORTUATION
Reamortization changes the terms of an outstanding loan (e. g., repayment period, ir'teiestrate, frequency of rspayments). Any outstanding loan may be reamortized.

Reamortization cannot extend the repayment period beyond five (5) years from the date the loan was originally issued. Or, in the case of Principal Residence Loans, beyond (the number of years speeded in Section 7) years from the date the loan was originally issued.

Participants can use a loan reamortization form to request that an outstanding loan be reamortized. Upon processing the request, a new disclosure statement will be sent to the employer for endorsement by the participant and approval by the employer. The executed disclosure statement must be returned to the plan administrator within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to th?' original promissory note; therefore a new promissory note will not be required.

Note; A loan reamortization will not be considered a new loan for purposes of calculating the number of loans sutstanding or f/ie one loan per calendar year limit. 13 REFINANCE
Refinancing involves a new loan replacing aii employee's outstanding loan. The refinanced loan must be repaid over a period that does not exceed five (5) years from the date when the original loan was issued.

Actively employed participants may elect to refinance an outstanding loan for an additional amount, subject to the loan amount limitations outlined in Section 6, provided thatthe participant has not yet taken out a loan during the calendar year. Participants no longer employed are not eligible to refinance an existing loan.

Note: Principal residence loans are not eligible for refinance. 14 REDUCTION OF IOAN
If s participant dies prior to full repayment of the outstandirg loan(s), the outstanding loan balance(s) will be deducted from the account prior to distribution to the beneficiary(ies). The unpaid loan amount is a taxable distribution and may be subject to early withdrawal penalties. The participant's estate is responsible for taxes and penalties on the unpaid loan amount, if any. A beneficiary is responsible fortaxes due on the amount he or she receives. A Form 1099 will be issued ta both the beneficiary and the estate for tax reporting purposes. 15 DEEMED DISTRIBUTIONS
A loan will be deemed distributed when a scheduled payment is still unpaid at the end of the calendar quarter following the calendar quarter iii which the payment was due. When a loan is deemed distributed, the principal balance and any accrued interest is reported to the IRS as a taxable distribution.

However, since the participant received the loan amount previously, no money is actually paid to the participant as part of a deemed distribution.

The loan is deemed distributed for tax purposes, but it is not an actual distribution and therefore remains an asset of the participant's account. Interest continues to accrue. The outstanding loan balance and accrued interest are reported on the participant's account statements.

Repayment of a deemed distribution will not change or reverse the taxable event.

The loan continues to be outstanding, and to accrue interest, until it is repaid or offset using the participant's account balance. An offset can occur only if the participant is eligible to receive a distribution from the plan as outlined in the plan document. Participants are required to repay any outstanding loan which has been deemed distributed before they can be eligible for a new loan. The deemed distribution and any interest accrued since the date it became a taxable event is taken into account when determining the maximum amount available for a new loan. New loans must be repaid through payroll deduction.

Impwtaitt (Vote: The employer is obligated by federal wgulation to comply with the loan guideline requirements applicable to participant loans, and to ensure against deemed distribution by monitoring loan repayments, regardless of the method of repayment, and by advising employees if loans are in danger of being deemed distributed.

The tax-qualified status or eligibility of the entire plan may be revoked in cases of frequent repayment delinquency or deemed distribution.

To assist plan sponsors whose plan options include loans, MissionSquare will provide reports of participants with payments delinquent by 30 to 89 days, 90 or more days but not yet deemed, and those whose loans have been deemed distributed. MissionSquare is committed to supporting employers who request assistance with their loan programs i 11 order to reduce the number of delinquent loans and decrease the occurrence of deemed distributions.

MissionSquaie Retirement AUn:WoikflowMafiageinentTeam P.O. Box9i220 Washirgton, DC 20090-6220 Toll Free 800-469-7400 www.icnarc.arg Fa* (202)682-6439 11 5(W41-Ot21-489

Item # 8.
1SStenSquare Loan Guidelines Agreement | PAGE60F6

RETIREMENT
16 FEES
Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be debited from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment of principal and interest to the participant's account.
17 SIGNATURES
The Employer has the right to set other terms and conditions as it deems necessary for loans from the plan in order to comply with any legal requirements. Employer certifies that all terms and conditions will be administered in a uniform and non-discriminatory manner.

In Witness Whereof, the employer hereby caused these Guidelines to be executed th\s (Day of the Month) 25 dsy of (Month) October 20 22 f/ea^.

EMPLOYER
By: ^w^
Title: 'TjiptL^ AglilLi-iU-^^ttkV^ $MVKL(f&r^^
Attest:

MissionSquare Retirement AUn: Woritflow ManagementTeam P.O. Box96223 Washington, DC 20090-6220 Tolt Free 830-669-7400 www.icmarc.org Fail (202) A82-A439 12 50941.0621-489

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Purchase of Two 2023 Toyota Tacoma Trucks for Public Works (Wastewater and Engineering Divisions)
Recommendation: That Council 1) approve the City Manager to enter into an agreement with Freeway Toyota using the California State Contract to purchase two 2023 Toyota Tacoma Trucks not to exceed $68,000 plus tax and fees, and 2) authorize Administrative Services Director to make any needed budget adjustments and/or budget transfers to complete this procurement.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 10/25/2022 Date Prepared: 10/19/2022 Agenda: Consent
Background Information: Public Works Wastewater and Engineering Divisions need replacement vehicles. The Engineering Division will be replacing 2009 Ford Escape that has exceed its useful life and is now having mechanic issues. The Wastewater Division is looking to replace an outdated full-size truck with a more economical mid-size vehicle.

Staff researched various procurement options, and Freeway Toyota agreed to provide the vehicles through cooperative purchasing under the California State Contract #1-22- 23-20C. The two Toyota Tacoma trucks will be 4-wheel drive and included 5 year / 100,000 mile Platinum Extra Care Warranty.

Council Goals/Objectives: The action executes portions of work tasks towards achieving/maintaining Strategic Plan – High Performance Government and Quality Service.

Fiscal Impact: Funding to complete this purchase is available in the Sewer Fund, Water Fund, and the Capital Replacement Fund. One of the Tacoma’s will be 100% Sewer Fund (Wastewater Division) and the other will be split 15% Sewer Fund, 15% Water Fund, and 70% Capital Replacement Fund (Engineering Division).

Funds Available: Yes Account #: Various
Reviewed by: City Manager
Attachments: Freeway Toyota Quote

Item # 9.

FREEWAY TOYOTA
1835 Glendale Ave
Hanford, CA. 93230
City of Grass Valley 10/18/2022
556A Freeman Ln
Grass Valley, CA. 95945
Attn: Darren McIntyre
As per your request for CA State Contract #1-22-23-20C Line Item #9 2023 Toyota Tacoma AC SR 4WD (7514) $29943.00

8.5% Sales Tax $2545.16
CA Tire Tax $8.75
Delivery to Grass Valley $350.00
Total $32,846.91 @ 2 = $65,693.82
Protect against future mechanical or electrical issues with Toyota Platinum Extra Care $0 Deductible 5 Years / 100,000 Miles $1130.00
6 Years / 100,000 Miles $1450.00
7 Years / 125,000 Miles $2145.00

Thank you for the opportunity to earn your business.

Patrick G Ireland
Government Fleet Manager

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: InConcert Sierra Whispering Pines Specific Plan Amendments, Use and Development Review Permits located at 125 Crown Point Court.

Recommendation: The Planning Commission recommends that the City Council approve the InConcert Sierra Project, as presented, or as modified by the City Council, which includes the following actions:

1. Adoption of Resolution No. R-2022-78 Adopting a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;

2. Adoption of a Mitigation Monitoring & Reporting Plan (MMRP), implementing and monitoring all Mitigation Measures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;

3. Hold the first reading of Ordinance No. 820 Amending the Whispering Pines Specific Plan and Rezoning the property to create a new Subarea – SP-1A.1 – Public Assembly Uses as presented; and,

4. Adoption of Findings of Fact and Conditions of Approval for the InConcert Sierra Project, as presented.

Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: October 25, 2022 Date Prepared: October 19, 2022 Agenda: Public Hearing
Project Description: The Project includes amendments of the Whispering Pines Specific Plan, Use Permit and Development Review Permits to allow public assembly uses for the property located at 125 Crown Point Court. InConcert Sierra intends to occupy the property for music concerts and music education for adults and youth. See Attachment 1 – Planning Commission Staff Report dated September 20, 2022, for full InConcert Sierra Project Description. See Attachment 2 – Initial Study/Mitigated Negative Declaration for environmental discussion. See Attachments 6 and 7 for Project Comments and Response to Comments respectively.

A PowerPoint Presentation will be prepared for the City Council meeting outlining the project in its entirety.

Item # 10.

Background Information: The Planning Commission convened a public hearing for the InConcert Sierra Project at its September 20, 2022, meeting. After receiving public comment, the Planning Commission recommended approval of the project by a 4/0 vote (Motion: Vice Chair Arbaugh; Seconded: Coots; Ayes: Coots, Brouillette, Arbaugh; and Robins; Absent: Bulanti). The Planning Commission’s recommendation included minor amendment to the Parking Mitigation Measure as outlined in 2) below.

Public Comments on the InConcert Sierra Project were overwhelming supportive. Other comments on the project noted: 1) Consistency with the 2017 Settlement Agreement; 2) Parking Mitigation Measure; 3) Parking Variance Requirement; and 4) Nevada County Airport Land Use Compatibility Determination as issues. Discussion of those topics follows:
1) Consistency with 2017 Settlement Agreement – In 2017 A Settlement Agreement was reached between the City of Grass Valley and Citizens Advocating Responsible Development (CARD). In essence, the Settlement Agreement requirements are two-fold:

In accordance with Sections 1.5 (a) & (b) the Settlement Agreement specifies that (a) “…the City agrees to initiate a comprehensive review of the Specific Plan, including designation and land uses, to determine whether any updates or amendments to the Specific Plan are necessary to allow an appropriate range of uses while mitigating impacts from such uses.” and, “(b) As determined by the outcome of City’s comprehensive review of the Specific Plan, City agrees to fully comply with the requirements of CEQA with regards to any update or amendments to the Specific Plan.” Staff acknowledges that it has yet to complete a comprehensive review of the Whispering Pines Specific Plan (WPSP) with the appropriate level of environmental review. Over the past several years, staff has met with Whispering Pines property owners who have shown interest in updating the Whispering Pines Specific Plan; however, financial commitments, scope of work, and timeline have not materialized. Although the City has agreed to a comprehensive review of the WPSP, the Settlement Agreement does not bar the City from processing applications proposing minor amendments to the WPSP altogether. On the contrary, the City is obligated by State law to process applications as requested.

Although the InConcert Sierra Project under consideration amends the WPSP, the project constitutes an amendment of the WPSP that applies to a singular parcel with existing improvements and proposed land uses which are consistent with the SP -1A Zone. For example, Motel – Conference Centers are permitted uses in the SP-1A Zone presently. “Minor” vs. “Major” amendments of the WPSP are determined by the Community Development Director per Section 5.4 of the WPSP. The 125 Crown Point Court property making up ±5.53 acres (APN: 009-700-063) contains an existing ±41,600 square foot building with parking, landscaping, and lighting improvements. Except for a roof height increase and interior tenant improvements, the InConcert Sierra project will utilize existing improvements as is. No further development of the property is slated with the project.

The current uses permitted in the SP-1A Zone include Administrative and Research, Restricted Light Industrial, Warehouse/Showroom, Employment Center Support,

Item # 10.

Office/Professional Uses and Churches with a Use Permit. The 125 Crown Point Court property is currently used as office, technology and software manufacturing and assembly uses. Former uses also included a Blue Shield 24/7 call service center. The proposed InConcert Sierra Project uses are therefore consistent with the uses permitted in the SP1A Zone.

Specifically, when evaluated from an environmental perspective, the contemplated uses by InConcert Sierra are anticipated to be environmentally better than former uses and current uses permitted in the SP-1A Zone. That is, the conclusions contained in the Initial Study/Mitigated Negative Declaration have determined that Air Quality, Greenhouse Gases and Vehicle Miles Traveled (VMT) impacts will be less impactful than existing permitted uses in the SP-1A Zone. Accordingly, it is Staff’s opinion that Sections 1.5 (a) and (b) of the Settlement Agreement are inapplicable to the InConcert Sierra Project in that the project is not a comprehensive evaluation of the WPSP but a site-specific project applicable to the sole property of 125 Crown Point Court. Again, the 2017 Settlement Agreement does not bar the City from processing minor amendment applications. The City acknowledges that a comprehensive review of the Specific Plan with appropriate level of environmental review is forthcoming per the Settlement Agreement. 2) Parking Mitigation Measure – There are 204 off street parking spaces on the ±5.53- acre site. The Initial Study/Mitigated Negative Declaration identifies a parking deficiency for uses such as a full capacity Concert or where two of the contemplated uses Concert Hall (670 persons), Black Box Theater (175 persons) or Conference Center (350 persons) occur simultaneously. To this end, the InConcert Sierra applicant has provided further clarification of the proposed events and use of the building. As clarified, a full capacity concert of 670 would preclude the use of other venues for separate events. Moreover, if two uses occur simultaneously, they would not exceed 670 occupants in total. Typical occupancy of the Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; and Black Box Theater is estimated to be 75.

The Whispering Pines Specific Plan Section B.4 c. specifies that parking for nonresidential uses shall be required in accordance with the Grass Valley Zoning Ordinance. In accordance with Table 3-3 of the City’s Development Code, the City’s Parking Standard for Theaters, auditoriums, and places of assembly is 1 space for each 4 seats or 1 space for each 100 sf. of assembly area, whichever would yield more spaces. For the project, the 1 parking space per 4 seats yields more parking spaces. Based upon the number of seats as outlined above, the number of parking spaces required is 249 parking spaces.

Using the City’s Development Code Table 3-3 Parking Standards, the site is therefore deficient by 45 parking spaces. However, the Traffic Study prepared for the project utilizes historic ticket sales to project Vehicle Miles Traveled. These tickets sales were converted into number of vehicles by zip code using a 2.6 vehicle occupancy rate resulting in a shortage of 53 parking spaces. Even if a more conservative estimate of attendees doubled up for each vehicle, this would amount to 335 (670/2=335) vehicles or 131 onsite parking spaces short of the projected vehicle parking estimates. This shortage in parking is at issue with the City’s Development Code parking standard; however, the applicant has indicted that negotiated parking agreements with adjoining property owners will provide additional off-street parking in adjacent property parking lots during evening and weekend operations as required to accommodate larger attended events.

Item # 10.

To ensure that parking is not at issue, the Planning Commission recommended that the Parking Mitigation be required prior to the issuance of a building permit vs. prior to the first capacity event for the tenant improvements as follows:

TRANS 1 – Mitigation Measure:

Prior to the first event in which two uses are occurring at the same time, requiring in excess of 204 parking spaces Prior to the issuance of a building permit, the applicant shall submit off-site parking agreements for review and approval that satisfy the event attendance in accordance with Section 17.36.080 et seq. of the City’s Development Code. The final parking agreements shall be for a duration that is commensurate with the event and shall be to the satisfaction of the Community Development Director and City Engineer.

The InConcert Sierra applicant is agreeable to the Mitigation Measure as recommended by the Planning Commission.
3) Parking Variance Requirement – Comments received note that a Parking Variance is required for the project pursuant to Section 17.72.070 of the City’s Development Code.

Variance Section 17.72.070 is not the governing section for the InConcert Sierra Project.

Section 17.72.070 allows some or all the parking spaces required for a nonresidential project to be located off-site or allows in-lieu fees or facilities instead of the required on-site parking spaces provided Variance Findings are made in the affirmative.

This section of the City’s Development Code has been applied to the City’s Downtown District exclusively where off-street parking cannot be met, and no adjoining parking uses may be available. In this instance, if there are adjoining parking opportunities, then some or all the parking spaces may be allocated off-site. If there are no other means for on-site or off-site parking, an applicant may pay parking in-lieu fees.

The appropriate Section of the Development Code is Section 17.36.080 that permits a reduction in parking spaces with shared parking on adjoining properties. Specifically, Sections 17.36.080 A.1. and A.2 are the applicable parking sections of the City’s Development Code:

17.36.080 Reduction of parking requirements.

A. Shared On-Site Parking.

1. Where two or more uses on the same site or adjacent parcels have district and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed in the following manner:
a. Upon approval of a minor use permit in compliance with Section 17.72.060, the Director may reduce the total parking space requirement by up to a maximum of twenty percent; or,
b. Upon approval of a use permit, in compliance with Section 17.72.060, the Commission may reduce the total parking space requirement by twenty percent or more.

2. Approval shall also require a recorded covenant running with the land, recorded by the owner of the parking lot, guaranteeing that the required parking will be maintained exclusively for the use served for the duration of the use.

Item # 10.

B. Reduction of Required Parking. The review authority may reduce the number of parking spaces required by Section 17.36.040 (number of parking spaces required), above through the granting of a use permit or minor use permit (depending on the amount of reduction requested) in compliance with Section 17.72.060, based upon quantitative information provided by the applicant that documents the need for fewer spaces (e.g. sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

The Parking Mitigation Measure recommended by the Planning Commission provides further clarification that the project shall be mitigated in accordance with Section

17.36.080 of the City’s Development Code.
4) Overflight Zone Determination – Mike Woodman, Executive Director, Nevada County Airport Land Use Commission provided correspondence dated August 23, 2022, stating that after reviewing the project details and the proposed number of event attendee and employees on site, it was determined that the proposed project does not contain characteristics likely to result in inconsistencies with the compatibility criterial set forth in the Nevada County Airport Land Use Compatibility Plan and gives the approval of the project, on behalf of the Nevada County Airport Land Use Commission (NCALUC).

Supplemental correspondence dated October 13, 2022, substantiating the conclusions of the August 23, 2022, correspondence has also been provided in Exhibit G of the Initial Study/Mitigated Negative Declaration.

Environmental Determination: The Initial Study evaluated resource areas including Aesthetics, Hazards/Hazardous Materials, Noise, Population/Housing, Public Services and Wildfire, which were determined to be less than significant. Resource areas such as Air Quality, Energy Greenhouse Gases and Transportation were determined to be less impactful than the current uses in the SP-1A Zone.

Based upon the Planning Commission recommendation of the revised Parking Mitigation Measure, staff revised the Initial Study/Negative Declaration in Attachment 2 and Mitigation Monitoring and Reporting Plan in Attachment 3. The revised Initial Study need not be recirculated for public review in accordance with Section 15073.5 of the CEQA Guidelines under the following circumstances:

1. Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1.

2. New project revisions are added in response to written and verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects.

3. Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.

4. New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.

Item # 10.

The revisions provided adhere to the above criteria. The Mitigation Measure has been revised with equal or more effective measures in accordance with Section 15074.1. New information added to the Mitigated Negative Declaration merely clarifies, amplifies, or makes insignificant modifications to the Mitigated Negative Declaration.

Council Goals/Objectives: The InConcert Sierra Project executes portions of work tasks towards achieving/maintaining Strategic Plan – Economic Development and Vitality.

Fiscal Impact: The applicant has paid the City’s application processing fees. No impact to the General Fund is anticipated.

Funds Available: N/A Account #: N/A
Reviewed by: : ______Community Development Director ______ City Manager

ATTACHMENTS:

Attachment 1 – Planning Commission Staff Report dated September 20, 2022 Attachment 2 – Resolution No. R2022-78 with Initial Study/Mitigated Negative Declaration with the following Exhibits, Tables, Attachments and Figures:

Exhibits:

Exhibit A – Vicinity Map
Exhibit B – Aerial Photograph
Exhibit C – Site Plan
Exhibit D – Site Photographs
Exhibit E – Proposed Floor Plan
Exhibit F – Colored Concert Hall, Black Box and Conference Center Floor Plans Exhibit G – Existing and Proposed Building Height Increase Exhibit H – Nevada County Airport Land Use Commission Correspondence dated August 23, 2022 and October 13, 2022
Exhibit I – Theatre Seating Example
Exhibit J – Black Box Theatre Example
TABLES:

Table 1 – Project Construction and Operational Estimates Table 1.- Level of Service (LOS) Definitions
Table 2 – VMT Calculation distances from Zip Code Centroid to Performing Arts Venue Locations (Old and New)
Table 3 – VMT Calculations by Trip Generation
FIGURES:

Figure 1 – Levels of Service of Local Roadways and Intersections 6:30 p.m. to 7:30 p.m.

Figure 2 – Intersection Turning Movements Values 6:30 p.m. to 7:30 p.m.

Figure 3 – InConcert Sierra Travel Patterns and Vehicle Totals by Zip Code Area Figure 4 – Sierra Stages Travel Patterns and Vehicle Totals by Zip Code Area Figure 5 –Sampling of how Google Map Tool was used to determine Trip Distances Between Zip Code Areas and Venue Locations
Figure 6 – Project Site Proposed Building Modifications Attachment 3 – Mitigation Monitoring and Reporting Plan Attachment 4 – Findings and Conditions of Approval
Attachment 5 – Ordinance No. 820 Rezoning the Properties to the Whispering Pines Specific Plan SP – 1A.1 Zone with Exhibit A – SP-1A.1 edits Attachment 6 – Project Comments
Attachment 7 – Response to Comments

Item # 10.

ATTACHMENTS

Item # 10.

PLANNING COMMISSION

STAFF REPORT
September 20, 2022
Prepared by:

Reviewed by:
44SUru!4ABt
Application Number:

Subject:

Location/APN:

Applicant:

Zoning/General Plan:

Entitlements:

Environmental Status:

Lance E. Lowe, AICP, Principal Planner
Thomas Last, Community Development Director
RECOMMENDATION:

That the Planning Commission recommend that the City Council approve the lnooncert Sierra Project, as presented, or as modified by the Planning Commission, which includes the following actions:

1. Adoption of a Mitigated Negative Declaration, prepared for the project, as the appropriate level of environmental review, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;

2. Adoption of a Mitigation Monitoring & Reporting Program (MNilRP), implementing and monitoring all Mitigation lvleasures, in accordance with the California Environmental Quality Act (CEQA) and Guidelines;

3. Adoption of an Ordinance Amending the Whispering Pines Specific Plan and Rezoning the property to create a new Subarea - SP-1A.1 - Public Assembly Uses as presented; and,

4. Adoption of Findings of Fact and Conditions of Approval for the lnconcert Sierra Project, as presented.

BACKGROUND:

Grass Valley Broadcasting Company formally occupied the building at 125 Crown Point Court. The property is currently in escrow with lnconcert Sierra. lnooncert Sierra is a non-profit presenter and producer of Classical Music in Western Nevada County. Founded in 1946 as Twin Cities Concert Association, lnooncert Sierra ATTACHMENT 1
22PLN-18
lnooncert Sierra Whispering Pines Specific Plan
Amendments, Use and Development Review Permits.
125 Crown Point CourU009-700-063
Monroe Lovelady, Twin Cities Concert Association
SP-'lA ZonelBusiness Park
Whispering Pines Specific Plan Amendments, Use and
Development Review Permits
lnitial Study/Nlitigated Negative Declaration

Item # 10.
presents up to 30 classical music events per year comprising regular season concerts, special concerts, educational programs, etc. The project aim is to provide additional venue space for various genres of music conventions, and conference facilities. lnConcert Sierra and Sierra Stages are both currently in service at different smaller venue facilities in Grass Valley and Nevada City located at: Seventh Day Adventist Church located at 12889 Osborne Road, Grass Valley, and the Nevada theater located in Downtown Nevada City at 401 Broad Street. Both existing entertainment businesses are proposed to take up space within an existing building site location at 125 Crown Point Court in the Whispering Pines Business Park thereby centralizing venues.

ICS will own and operate the building of approximately 41 ,600 square feet and expects to lease space for music and theatrical productions to other local and regional organizations.

Whispering Pines Specific Plan - fhe Whispering Pines Specific Plan was adopted in 1984. Within the specific plan area, the SP-1A Zone subarea totals 125 acres. The proposed long-range plan for this subarea is to develop as a Corporate District with a "campus" type character. Uses permitted in the SP-1A Zone include:

PROJECT DESCRIPTION:

The project includes amendment of the Whispering Pines Specific Plan to allow public assembly concerts and associated uses within the Whispering Pines Specific Plan SP-1A Zone at the project site solely. The Project entitlements include a Text Amendment of the Whispering Pines Specific Plan, Amendment of the Whispering Pines Specific Plan Land Planning Commission Meeting
September 20, 2022
2 Permitted Land Use Categories Examples
Administrative & Research
a. Research Testing
b. Experimental Laboratory Facilities
c. Division of Corporate Headquarters
d. lnstrument Desiqn
Restricted Light I ndustrial
a. Semiconductor Manufacturer
b. Products Assembly
c. Printing and Publishing
d. Finished Paper Products
e. PhotoqraphicProcessinq
Warehouse/Showroom
a. Furniture b. Household Goods
c. Commercial Goods ofany nature
Employment Center Support
a. Restaurant
b. Motel - Conference Center
c. Automatic Branch Bank
d. Gymnasium
e. Caretaker Residence f. Day Care Facilities
Office/Professional
a. Attorneys b. Accountants
c. Doctors
d. Architects
e. Real Estate Offices
Application 22PLN-18

Item # 10.

Use lvlap, Amendment of the Whispering Pines building standards, Use and Development Review Permits as outlined:
1 . Amendments of the Whisperinq Pines Specific Plan -
a. An Amendmenl ofthe Whispering Pines Specific Plan text is proposed to create a new Subarea - SP-14.1 - Public Assemb/y Uses. The text amendment proposes to list Studio uses, such as art, dance, music uses, and theater, or performing arts uses as being permitted uses in the SP -1A.1 Zone with approval of a Use Permit. b. An Amendment of the Whispering Pines Specific Plan Map is proposed with zoning reflecting the SP-1A.1 Public Assembly Uses Land Use Designation. c. An Amendment of the Whispering Pines Specific Plan Building Standards for Building Height. Maximum building height in the Whispering Pines Specific Plan is 25 feet. The building height standards are proposed to be amended to permit 45 feet in height for the SP-lA.1. - Public Assemb/y Uses.

2. Use Permit - A Use Permit Application is required to allow studio uses and a performing arts centerfor lnconcert Sierra in the SP-1A.1 Zone designation.

3. Development Review Permit - A Development Review Permit (i.e., Design Review) is required for the Architectural Building Design of the roof expansion for lnooncert Sierra in the SP-1A.1 Zone designation.

Performances/Assembly Usesr Performances/Assembly Uses are proposed in three areas of the 41,600 square foot building as illustrated in Exhibit F - Concert Hall (blue) Black Box (ye ow) & Conference Center (lavender) Floor Plans:

Application 22PLN-18 3 Planning Commission Meeting
September 20, 2022
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Item # 10.

Concei Hall - The proposed
520-seat 9,500 square foot
Concert Hall section of the
building, identilled in blue, will
be utilized for acoustical (normally un-amplified)
chamber, orcheslral, choral,
and theatrical performances. A
sold-out orchestral
performance with choir would
result in a total occupancy of
670 persons. A concept is
illustrated.

Black Box - fhe proposed 125 seat 2,500 square foot "Black Box" theater, identified in yellow, would provide a flexibie configurable space for various theater and smaller musical Conference Center - The
proposed 3,000 square foot
Conference Center, identified
in lavender, could be
configured in a variety of ways,
and including use of smaller
conference rooms which could
reach a maximum occupancy of 350 persons.

It is expected that on rare occasions, two of these usages could occur simultaneously, but all three uses would not occur simultaneously. A full capacity Concert of 670 persons would preclude the use of other venues for separate events at the same time.

Moreover, if two uses occur simultaneously, they will not exceed 670 occupants in total. Typical occupancy of the Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; and Black Box is estimated to be 75.

Regular occupancy by employees of non-profit organizations for office space and building operations will not exceed 30 employees.

DaygHours of Operation - Hours of operation vary depending on performances and conference schedules. Higher usage is expected on Saturday and Sunday afternoon and Appli6ation 22PLN-18 4 Planning Commission N,'leeting
September 20, 2022
performances. With a stage
s+ate crew and performance
ensemble, maximum total
occupancy would be 175
persons. A concept is
illustrated. .-a----o aat-.,n -g!!!=
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Item # 10.
evenings. Smaller-occupancy operations will periodically occur on weekday evenings.

Occasional larger-occupancy operations will occur on weekends.

Conference Center usage hours will normally be 8:00 a.m. to 5:00 p.m. on scheduled weekdays.
"Black Box" theater usage will be scheduled evenings 7:00 p.m. to 1 1:00 p.m. with periodic rehearsal, performance meetings and indoor stage set construction activities from 8:00 a.m. to 7:00 p.m. on weekdays and weekends.

Concert Hall usage will be scheduled Sundays 12:00 p.m. to 5:00 p.m. and scheduled weekend evenings 7:00 p.m. to 11:00 p.m. with periodic rehearsals and stage configuration activities from 8:00 a.m. to 11:00 p.m. on weekdays and weekends.

Building Height Modifications - The existing single floor building will have two areas with roof heights raised to accommodate performance acoustics: one area of approximately 9,500 square feet to a maximum of 45 feet in height, and one of approximately 2,500 square feet to a maximum of 35 feet in height (see existing and two-story buildings below).

Planning Commission Meeting
September 20, 2022
Application 22PLN-18
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Item # 10.

Parking - The 41,600 square foot building is served by existing onsite parking spaces totaling 204 spaces including 6 accessible ADA parking spaces resulting in a parking ratio of 1 parking space per 203 sq. ft. of building area. No additional on-site parking spaces are planned. However, negotiated parking agreements with adjoining property owners are required to provide additional off-street parking in adjacent property parking lots during evening and weekend operations as required to accommodate larger attended events.

Food/Beverage - Concession drinks and other items will be available to audiences for scheduled performances. Catered food will be prepared in the existing kitchen and available for selected Conference Center activities.

Ouldoor Uses - No outdoor uses are proposed with the project Access, Parking and Circulation - Access to the 41 ,600 square foot building is from Crown Point Court. Access consists of a dual i2o-foot-wide ingress/egress driveway in the center of the site accessing Crown Point Court. No improvement of the access is proposed.

Lighting - No additional lighting is proposed with the project. Existing lighting consists of parking lot lighting and building lighting.

Slgnage - A monument sign is located on the site at the corner of Crown Point Court and Crown Point Circle. Refacing of the sign is permitted with approval of a sign permit.

SITE DESCRIPTION AND ENVIRONMENTAL SETTING:

The project site is entirely developed with buildings, parking, and landscaping. The project area is mostly developed with business park uses consistent with the Whispering Pines Specific Plan SP-1A Zone designation.

The Nevada County Airport is located approximately 4,700 feet (as the crow flies) from the project site. The project site is in the Compatibility Zone D - Traffic Pattem Zone land use designation according to the Nevada County Airport Land Use Plan.

ENVIRONMENTAL DETERMINATION:

Based upon the lnitial Study, Parking was identified as having potentially significant impacts requiring mitigation. Other resource categories were determined to be less than significant or have no impact based upon site and project specific impacts. ln accordance with CEQA Section 15097, the lvlitigated Negative Declaration includes a lvlitigation Monitoring and Reporting Plan (M[.4RP). The MN.4RP identifies the mitigation measures that reduce potential poect impacts to a less than significant level.

Application 22PLN-'18 6 Planning Commission Meeting
Seplember 20, 2022
Nolse - With all activities indoors and with significant interior sound insulation planned for the performance spaces, the only sound or noise impact from this project will be from automobile traffic to and from the site as well as conversational noise in the parking lot.

Item # 10.

PUBLIC AND AGENCY COMMENTS:

Public notice of lntent to Adopt a Negative Declaration and Notice of Public Hearing for the project was prepared and posted pursuant to the CEQA Guidelines and State law. The Negative Declaration was circulated for a 20-day public review period commencing on August 26, 2022, and ending close of business on September 14, 2022 (Attachment 1 - lnitial Study/Mitigated Negative Declaration).

Comment letters on the project are in Attachment 5 - Comments on lnitial Study/Negative Declaration. A Response to Comments is in Attachment 6.

GENERAL PLAN AND ZONING:

General Plan: The City of Grass Valley General Plan designation is Business Park. The Business Park designation replaced the Planned Employment designation introduced in the 1982 General Plan. Business Park is a category as one of the two mixed use designations. The intent of the BP designation is to accommodate a variety of employment-generating land uses in a master-planned, campus type setting, designed to preserve and enhance the natural environment and to fully integrate into the larger community.

The Whispering Pines Specific Plan extends this concept by designating the subarea for primarily high quality "corporate park" type developments. The goal is to establish a "campus{ype atmosphere" with a "whispering pines" theme to be achieved throughout the subarea per the development standards.

Multiple 2020 General Plan policies, goals and objectives support economic development and preservation of existing neighborhoods. The policies, goals and objectives Include but are not limited to:

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18-LUO
19-LUO
20-LUO
24-LUO
Create a healthy economic base for the community, including increasing employment opportunities through attraction of new and compatible industry and commerce, and through retention, promotion, and expansion of existing businesses.

Creation and retention of wealth in Grass Valley.

Employment opportunities for present and future residents.

An expanding local tax base.

Creation of an economy conducive to quality growth and development.

Zonins Desiqnation - The property is within the Whispering Pines Specific Plan SP-1A Zone. The intent and purpose of the SP-'lA Zone is to establish a mixed land use category to promote business and research parks, large individual corporate establishments, professional and administrative office complexes, and selected commercial activities as the predominate land use.

Planning Commission Meeting
September 20, 2022
Application 22PLN-18 7

Item # 10.
tlvhispering Pines Specific Plan Amendments/Land Use Compatibility - Uses Permitted in the SP-1A Zone include Administrative and Research, Restricted Light lndustrial, Warehouse/Showroom, Employment center Support, Office/Professional Uses and Churches with a Use Permit.
lnconcert Sierra plans to occupy the entirety of the 41 ,600 square foot building for public assembly entertainment uses. Uses include Studio Uses, such as art, dance, music uses, and theater, or performing arts uses. The uses constitute relatively large-scale indoor facilities for group entertainment. No outdoor uses are proposed with the project. The proposed uses could generate an estimated 11,050 attendees/employees should two of the larger proposed uses occur simultaneously. Except for parking, as discussed and mitigated below, the building can accommodate the intended uses, with minimal impact to adjoining properties as outlined and concluded in the lnitial Study/Mitigated Negative Declaration. That is, although the project would generate large assembly ente(ainment uses periodically, the predominate use ofthe buildlng is anticipated to be less intense than the current office use. Accordingly, use compatibility should not be at issue pending compliance with the parking mitigation measure noted.

DaydHours of Operation - lnconcert Sierra assembly/entertainment uses are in the evenings when many of the Whispering Pines neighboring businesses are closed. Hours of operation vary depending on performances and conference schedules. Higher usage is expected on Saturday and Sunday afternoon and evenings. Smaller-occupancy operations will periodically occur on weekday evenings. Occasional larger-occupancy operations will occur on weekends.

Traffic - A Traffic Study has been prepared by Prism Engineering dated April 28, 2022, for the lnconcert Sierra Project. The objective of the Traffic Study is to investigate and analyze the potential for Vehicle Miles Traveled (VMT) impacts relating to the proposed venue localion change of two existing performing arts businesses located in the greater Grass Valley/Nevada City area. The analysis of the traffic study is the proposed speciflc new location for these two existing performing arts businesses known as lnConcert Sierra, and Sierra Stages, which are both currently in service at different smaller venue facilities in Grass Valley and Nevada city.

What is unique about the Traffic Study is that for the most part, the lnconcert Sierra and Sierra Stages business traffic is already extant on the roadways but are going to two different venue locations. This collaborative pOect of combing the venue locations will cause all business traffic to relocate to the new location proposed at 125 Crown Point Court. This will change existing travel patterns towards the proposed facility where all concerts will be hosted, theater performances willtake place, as well as all contain onsite all office facilities relating to these performing arts businesses.

Application 22PLN-18 I Planning Commission l\,,leeling
September 20, 2022
ANALYSIS:

Staff offers the following for Planning Commission and City Council consideration;

Item # 10.

The conclusions of the Traffic Study noted that the project will have significantly less vehicles in motion on less days, resulting in a minor reduction jn greenhouse gas emissions (and Vl\ilT) during a year, and even on a monthly basis.

Parking -fhe project site includes 204 parking spaces including 6 accessible ADA parking spaces resulting in a parking ratio of 1 parking space per 203 sq. fl. of building floor area.

No additional on-site parking spaces are planned.

As noted in the project description, the proposed 520-seat 9,500 square foot Concert Hall section of the building will be utilized for acoustical (normally un-amplified) chamber, orchestral, choral, and theatrical performances. A sold-out orchestral performance with choir would result in a total occupancy of up to 670 persons.

The proposed 125 seat 2,500 square foot "Black Box" theater would provide a flexible configurable space for various theater and smaller musical performances. With a state crew perforrnance ensemble, maximum total occupancy would be 175 persons.

The proposed 3,000 square foot Conference Center could be configured in a variety of ways, including use of smaller conference rooms which could reach a maximum occupancy of 350 persons.

Regular occupancy by employees of non-profit organizations for office space and building operations will not exceed 30 employees.

It is expected that on rare occasions, two of these uses could occur simultaneously, but all three useswould not occursimultaneously. @ eenter were te be 6€ndu6ted at the seme time; up t6 I !050 persens €esld e66upy th€ 6if8.

A full capacity Concert of 670 would preclude the use of other venues for separate events. lf two uses occur simultaneously, they would not exceed 670 occupants in total. Typical occupancy of the Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; and Black Box is estimaled to be 75. ln accordance with Table 3-3 of the City's Development Code, the City's Parking Standard for Theaters, auditoriums, and places of assembly is 1 space for each 4 seats or 'l space for each 100 sf. of assembly area, whichever would yield more spaces. For the project, the I parking space per 4 seats yields more parking spaces.

Based upon the number of seats as outlined above, the number of parking spaces required is 249 parking spaces. Using the City's Development Code Table 3-3 Parking Standards, the site is therefore deficient by 45 parking spaces. However, the Traffic Study prepared for the project utilizes historic ticket sales to project Vehicle Miles Traveled. These tickets sales were conve.ted into number of vehicles by zip code using a 2.6 vehicle occupancy rate, Even if a more conservative estimate of attendees doubled up for each vehicle, this would amount to 335 (670/2=335) 525 vehicles or 324 131 on-site parking spaces short of the projected vehicle parking estimates. This shortage in parking is at issue with the City's Oevelopment Code parking standard, however, the applicant has indicted that negotiated parking agreements with Application 22PLN'18 9 Planning Commission l\reeting
September 20, 2022

Item # 10.
adjoining property owners will provide additional off-street parking in adjacent property parking lots during evening and weekend operations as required to accommodate larger attended events. The lack of on-site parking may present a significant parking impact.

However, the following mitigation measure would reduce this potential impacts to a less than significant level:

TRANS 1 - Mitigation Measure:
i+ingin€x€ess
e++g++a*flqg-spa€eq Prior to the issuance of a building permit, the applicant shall submit off-site parking agreements for review and approval that satisfy the event attendance in accordance with Section 17.36.080 et. seq. of the Gity's Development Code, The final parking agreements shall be for a duration that is commensurate with the event and shall be to the satisfaction of the Community Development Director and City Engineer.

The above parking mitigation measure will reduce any parking deficiencies with the proposed project.

TTA HMENTS:
chment 1 - lnitial Study/Mitigated Negative Declaration with the following Exhibits, Tables, Attachments and Figures
h b ts
Ex tBExhib
Vicinity Map
Aerial Photograph
Site Plan
t
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
E
F_
G_
H_
x ng
eva
Site Photo
Proposed
s
F
raphs
loor Plan
lored Concert Hall, Black Box and Conference Center Floor Plans E
N
and Proposed Building Height lncrease
County Airport Land Use Commission Correspondence
dated A st 23,2022
Exhibit l- Theatre g Example
Exhibit J -
TABLES:
n
Tabl
Tabl
Tabl
e1-
e 1.- e2-
Black Box Th re Example
Project Construction Operational Estimates
Level of Service (LOS) nitions
VMT Calculation distances m Zip Code Centroid to Performing Arts Venue Locations (
VMT Calculations by Trip Gene
ew)
n
Old a
Levels of Service of Local Roadways a
7:30 p.m.
tersections 6:30 p.m. to
lntersection Turning Movements Values 6:30 to 7:30 p.m.

Table 3 -
FIGURES:

Figure 1 -
Figure 2 -
Figure 3 -
p
lnConcert Sierra Travel Patterns and Vehicle To
Area
Figure 4 - Sierra Stages Travel Patterns and Vehicle Totals by Zip e Area Zip Code
Application 22PLN-18 '10 Planning Commission Meeting
September 20,2022

Item # 10.
ure5-
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Attachment 6 -
Sampling of how Google Map Tool was used to determine Trip Distances Between Zip Code Areas and Venue Locations
Figure rolect Site Proposed Building Modifications
Mitig nitoring and Reporting Plan
Findings a ditions of Approval
Ordinance No. Rezoning the Properties to the Whispering Pines Specific Plan SP .1 Zone with Exhibit A.

Project Comments
Response to Comments
Application 22PLN-18 11 Planning Commission Meeting
September 20, 2022

Item # 10.

RESOLUTION NO. R2022-78

A RESOLUTION OF THE CITY OF GRASS VALLEY ADOPTING A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PLAN FOR THE INCONCERT SIERRA PROJECT LOCATED AT 125 CROWN POINT COURT IN THE WHISPERING PINES SPECIFIC PLAN AREA (22PLN-18).

WHEREAS, the City Council considered the InConcert Sierra Whispering Pines Specific Plan Amendments, Use and Development Review Permits at noticed public hearing at its October 25, 2022, meeting (22PLN-18); and, WHEREAS, the City Council has Re-zoned the property at 125 Crown Point Court through the adoption of Ordinance No. 820 to allow public assembly uses proposed by InConcert Sierra (22PLN-18); and,
WHEREAS, the City of Grass Valley, as lead agency, pursuant to the California Environmental Quality Act (CEQA), is acting as the public agency which has the principal responsibility for approving the Project; and,
WHEREAS, the Community Development Department prepared an Initial Study/Mitigated Negative Declaration as the appropriate environmental review in accordance with the California Environmental Quality Act (CEQA) for the project.

Mitigation Measures were incorporated into the project to fully mitigate all potentially significant impacts on the environment; and,
WHEREAS, pursuant to CEQA, a Notice of Intent to Adopt the MND was prepared and posted in the Union Newspaper; provided to interested, Responsible and Trustee agencies; all members of the public who had previously requested notification; and, posted at the City’s Community Development Department, Nevada County ClerkRecorder’s Office, notifying all interested parties of the availability and 20-day public review period commencing on August 26, 2022 and ending on September 14, 2022; and, WHEREAS, during the 20-day public and agency review, the City received comments on the IS/MND shown in Attachment 6 and provided a Response to Comments as Attachment 7 of the October 25, 2022, City Council Staff Report, and meeting for public, agency and City Council consideration; and,

WHEREAS, the IS/MND identified a potentially significant impact to the environment, including a specific impact to on-site parking, which can and will be avoided or mitigated to less than significant levels through adoption and implementation of the mitigation measure proposed as part of the Project through implementation of the Mitigation Monitoring and Reporting Plan (MMRP) incorporated herein as Attachment 3 of the October 25, 2022, City Council Staff Report; and, WHEREAS, the Planning Commission held a noticed public hearing and has independently reviewed, analyzed, and considered the Initial Study/Mitigated Negative Declaration at its September 20, 2022, meeting prior to making a recommendation to the City Council on the project; and,

Item # 10.

RESOLUTION NO. R2022-78
WHEREAS, based upon written and public testimony, the Planning Commission recommended that the Parking Mitigation Measure be replaced with equal or more effective measures pursuant to Section 15073.1 of the CEQA Guidelines; and, WHEREAS, the new Mitigation Measure is equivalent or more effective in mitigating or avoiding potential significant effects and that it in in itself will not cause any potentially significant effect on the environment; and, WHEREAS, the revised Initial Study need not be recirculated for public review in accordance with Section 15073.5 of the CEQA Guidelines considering the revisions of the Initial Study:

1. Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1.

2. New project revisions are added in response to written and verbal comments on the project’s effects identified in the proposed negative declaration which are not new avoidable significant effects.

3. Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.

4. New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.

WHEREAS, the City of Grass Valley has also considered whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area; and,
WHEREAS, On August 23, 2022, and October 13, 2022, Mike Woodman, Executive Director of the Nevada County Airport Land Use Commission has determined that the InConcert Sierra Project is consistent with the Nevada County Airport Land Use Compatibility Plan.

WHEREAS, the City Council held a noticed public hearing and has independently reviewed, analyzed, and considered the Initial Study/Mitigated Negative Declaration at its October 25, 2022, meeting. The Initial Study/Mitigated Negative Declaration reflects the independent judgement of the City of Grass Valley, as lead agency.

WHEREAS, this City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan as the appropriate level of environmental review for the InConcert Sierra Project (22PLN-18); and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grass Valley as follows:

1. That the foregoing statements are true and correct;

Item # 10.

RESOLUTION NO. R2022-78

2. That the IS/MND and MMRP were prepared in accordance with all legal requirements of CEQA, including all public notice and comment period requirements;

3. That the City Council has considered the IS/MND, Response to Comments, and MMRP;

4. That the IS/MND identified all potentially significant impacts to the environment, including specific potentially significant impacts to on-site parking, which can and will be avoided or mitigated to less than significant levels through adoption and implementation of the mitigation measures proposed as part of the Project and through implementation of the MMRP;

5. That a public hearing was held by the City of Grass Valley City Council, in accordance with Section 15073.5 (c) and Section 15074.1 regarding recirculation and substitution of Mitigation Measures and that the new measures are equivalent or more effective in mitigating or avoiding potential significant effects and that it will not cause any potentially significant effect on the environment.

6. That the IS/MND and MMRP reflect the City’s independent judgement and analysis as lead agency in accordance with the CEQA and the CEQA Guidelines;

7. That there is no substantial evidence in the record that the Project, as mitigated, will have a significant effect on the environment;

8. The administrative record is located in the Office of the Community Development Department at 125 E Main Street, Grass Valley, CA 95945;

Item # 10.

RESOLUTION NO. R2022-78
PASSED AND ADOPTED this 25th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ben Agular, Mayor
ATTEST: APPROVED AS TO FORM:

Taylor Day, Deputy City Clerk Michael Colantuono, City Attorney PUBLISH DATE: _______________

Item # 10.

Crrv or Gmss VnnEY
CovrpruNtrv DrvnropMENT DnreRrvtuNt
125 Crown Point Court, Grass Valley, CA 95945
(22PLN-l8)
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Revised October 7,2022
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Revised Initial Study & Mitigated Negative Declaration - InConcert Sierra - Whispering Pines Specific Plan Amendments, Use Permit and Development Review Permits

Item # 10.

PAGE2 oF 59

TABLE OF CONTENTS
Public and Agency Review .

Project Location and Site Description.. . . .

Project Description
Regulatory Setting and Required Agency Approval.

Environmental Factors Potentially Affected..........

Evaluation of Environmental Impacts...........

Page
A.

B.

C.

D.

E.

F.
...,4?
43 98
IL Agriculture Resources & Forest Resources ......................

III. Air Quality.................

I. Aesthetics
Cultural/ Tribal Cultural Resources...........
tql3
7ffi
17+6
77+6
19+8
2W
2W
2W
2#
VIL Geology and Soils............ 27%
VIII. Greenhouse Gas Emissions.. . . . .. . ... .. . ... .. .

VI.

IX. Hazards and Hazardous Materials. ...

X. Hydrology and Water Quality
XI. Land Use and Planning...................

XII. Mineral Resoutces.. .. ....

XIlL Noise
XIV. Population and Housing. ...

XV. Public Services.................

XVII. Transportation. . .. . .. . . . ... . .

XVIII. Utilities and Service Systerns.............

XIX. Wildfire........
..29?8
3W
3H
3635
.3#
393g
4W
XVI. Recreation .....413a
,....424JJ
.... ...5553
XX. Mandatory Findings of Significance.. ..............5655 Incon.€rt Sierra Project
Initial Study/Mitigated Negahve Declaration
City of Grass Valley
October 7, 2022Autu@

Item # 10.

PAGE 3 oF 59

INITIAL STUDY AND MITIGATED NEGATIW DECLARATION
This Initial Study constitutes a revised environmental analysis addressing comments received during the environmental public review period and supplementing the analysis and conclusions of the August 26, 2022, Initial Study/Mitigated Negative Declaration. For clarity, the revisions contained herein are identified as bold text for text that has been inserted and sffi for text has been deleted. All comment letters and associated responses are attached to the City Council Staff Report dated October 25, 2022, Attachment 6 - Comments on lnitial S tu ilyy'Mit i ga t e il N e gat ia e D e claruti o n.

Based upon the Planning Commission recommendation of the revised Parking Mitigation Measure on Page 44, stalf revised the Initial Study/.Jegative Declaration and corresponding Mitigation Monitoring and Reporting Program. The revised Initial Study/\tlitigated Negative Declaration need not be recirculated for public review in accordance with Section 15073.5 of the CEQA Guidelines under the following circumstances:

1. Mitigation measures are replaced with equal or more effective measures pursuant to Section 15074.1.

2. New proiect revisions are added in response to written and verbal comments on the project's effects identified in the proposed negative declaration which are not new avoidable significant effects.

3. Measures or conditions of project approval are added after circulation of the negative declaration which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect.

4. New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.

The revisions provided adhere to the above criteria. As recommended by the Planning Commission, the Parking Mitigation Measure has been revised with equal or more effective measures in accordance with Section 15074.1. New information is also added to the Mitigated Negative Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Mitigated Negative Declaration.

Moreover, additional information is provided thereby addressing comments received, The supplemental environmental review clarifies and amplifies the information contained in the IS/N,IND circulated for the project initially on Augast 26,2022.

City of Grass Valley
October 7, 2022,4$Brs@ Inconcert Sierra Proi€ct
lnitial Study/Mitigated Negative I)e(laration

Item # 10.

PAGE 4 or 59
InConcert Sierra - Whispering Pines Specific Plan Amendments, Use Permit and Development Review Permits
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (lnitial Study), the City of Grass Valley has prepared this Initial Study to assess the potential environmental impacts of the proposed InConcert Sierra Project which includes entitlements of: 1) A text amendment of the Whispering Pines Specific Plan; 2) Amendment of the Whispering Pines Specific Plan Map; 3) Amendment of the Whispering Pines building standards; 4) Use Permi! and, 5) Development Review Permit. On the basis of the Initial Study, the City finds that the proposed project will not have a significant adverse effect on the environment and will not require the preparation of an Environmental Impact Report. Therefore, this Mitigated Negative Declaration has been prepared as the appropriate level of environmental review in accordance with CEQA and the CEQA Guidelines Sections 15063 and 15070 et. seq.

Public and Agency Review:

This Initial Study/Mitigated Negative Declaration is being circulated for a 20-day public and agenry review commencing August 26, 2022, and ending close of business on September L4, 2022- Copies of this Initial Study and cited references may be obtained at the City of Grass Valley Community Development Departrnent at the address noted below. Written comments on this Initial Study/Mitigated Negative Declaration may also be addressed as noted below.

Proiect title: InConcert Sierra lAtrhispering Pines Specific Plan Amendments, Use Permit and Development Review Permits - (22PLN-18) - located at 125 Crown Point Court, Grass Valley, CA 95945.

Lead agenry name and address:

City of Grass Valley Community Development Departrnent
125 E. Main Street
Grass Valley, CA 95945
Contact person, phone number, and e-mail:

Lance E. Lowe, AICP, Principal Planner
125 E. Main Street
Grass Valley, CA 95945
530-2744716
lancel@ci of assvall c()l]t
Proiect Location and Site Description:

The project site is located at 125 Crown Point Court consisting of +5.53 acres (APN: 009-700-053). The proiect site is in Section 25, Township 16N, Range 8E Mt. Diablo Base Meddian on City of Grass Valley

7.5-minute USA quadrangle. Approximate coordinates of the center of the site are 39.278770 north and - 121.027550 west (Exhibit A - Vicinity Map ar.d Exhibit B - Aeial Photograph).

Inconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of Grass Valley
October7,2022,4 r*6ts1@

Item # 10.

PAGE 5 oF 59
Exhibit A - Vicini\1 Map
125 Crown Point Court
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City of Grass Valley
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Existing Improvements:

The project site is entirely developed with buildings, parking, and landscaping. The 41,600 square foot building is served by existing onsite parking spaces totaling 204 standard and compact parking spaces including 6 accessible ADA parking spaces resulting in a parking ratio of 1 parking space per 203 sq. ft. of huilding area.

The project area is mostly developed with business park uses consistent with the Whispering Pines Specific Plan SP-1A Zone designation.

The Nevada County Airport is located approximately 4,700 feet (as the crow flies) from the project site.

The project site is located in the Compatibility Zone D - Traffic Pattern Zone land use designation according to the Nevada County Airport Land Use Plan.
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PAGE 8 oF 59
Proiect Obiective:

InConcert Sierra is a non-profit presenter and producer of Classical Music in Western Nevada County. Founded in 1946 as Twin Cities Concert Association, InConcert Sierra presents up to 30 classical rnusic events per year comprising regular season concerts, special concerts, educational progtams, etc. The proiect aim is to provide additional venue space for various gerues of music conventions, and conference facilities.

InConcert Sierra and Sierra Stages are both currently in service at different smaller venue facilities in Grass Valley and Nevada City. Current venue locations are: The Seventh Day Adventist Church located at 12889 Osborne Road, in Grass Valley, and the Nevada Theatre located in Downtown Nevada City at 401 Broad Street. Both existing entertainment businesses are proposed to take up space within an existing building site location at 125 Crown Point Court in the !\rhispering Pines Business Park thereby cenhalizing venues.

Proiect sponsor's name and address:

Twin Cities Concert Association
DBA InConcert Sierra
333 Crown Point Circle, Suite 125
Grass Valley, CA 95959
Attn: Monroe Lovelady
Background:

In September 1982, the City of Grass Valley adopted an updated General Plan. It designated 84 percent of the site as a suitable location for a planned employment center and the reminder as a manufacturing-industrial district. The General Plan recommends that a specific plan be prepared for planned employment centers prior to City approval of development plans.

The Specific Plan for the Whispering Pines Corporate Community was prepared in 1983 to meet these planning requirements, overcome site development obstacles and spell out how this area should be developed. The Specific Plan includes planning recommendations which are much more detailed than the General Plan, yet it is not as detailed as a subdivision proposal. The intermediate level of detail allows considerable flexibility on the park of each owner within the Specific Plan area to respond individually to changing market conditions within a guiding framework.

The Specific Plan also establishes a development concept as the basis for coordination among the landowners and provides guarantees for a managed envirorunent, both of which are athactive to firms seeking locations in the community. The result should be higher returns to investment for landowners and developers, jobs added to the community, and needed tax revenues to public agencies.

Inconcert Sierra Project
Initial Study/ Mitigated Negative Declaration
City of Grass Valley
Octob€r 7, 2022,4 {*sH22

Item # 10.

PAGE9 oF 59
PROJECT DESCRIPTION:

The relocation of InConcert Sierra and Sierra Stages requires amendment of the Whispering Pines Specific Plan. The Proiect entitlements include a Text Amendment of the Whispering Pines Specific Plan, Amendment of the lArhispering Pines Specific Plan Land Use Map, Amendment of the \4lhispering Pines building standards, Use Permit and Development Review Permit as outlined:

1. Amendments of the Whis enne Pines Soecific Plan -
a. An Amendment of the l4trhispering Pines Specific Plan text is proposed to create a new Subarea - SP-1A.1 - Public Assembly Uses. The text amendment proposes to list Studio uses, such as art, dance, music uses, and Theater, or performing arts uses as being permitted uses in the SP -1A.1 Zone with approval of a Use Permit.
b. An Amendment of the Whispering Pines Specific Plan Map is proposed with zoning reflecting the SP-1A.1 Public Assembly Uses Land Use Designation.

An Amendment of the Whispering Pines Specific Plan Building Standards for Building Height. Maximum building heights in the l4trispering Pines Specific Plan is 25 feet. The building height standards are proposed to be amended to permit 45 feet in height for the SP1,A.1,. - Public Assembly Uses.

2. Use Permit - A Use Permit Application is required to allow studio uses and a performing arts center for InConcert Sierra in the SP-1A.1 Zone designation. The Use Permit also authorizes offsite parking in accordance with Section 17.35.080 et. seq. of the City's Development Code.

3. Development Review Permit - A Development Review Permit (i.e. Design Review) is required for the Architectural Building Design of the roof expansion for InConcert Sierra in the SP-1A.1 Zone designation.

InConcert Sierra (ICS) is a fictitious business name for Twin Cities Concert Association, Inc. (TCCA).

TCCA was founded in 1946 and has been in continuous operation since. The primary activity has been music concerts and music education for adults and youth. Major concerts with audiences of up to 500 persons have been presented every month except June tfuough August for many years.

Smaller performances and events occur in homes and other venues throughout the year. Major educational programs include Music on Wheels, presented at senior residence facilities, and the Composers Proiects where youth and adults learn to compose original music.

ICS will own and operate the building of approximately 41,,600 square feet and expects to produce concerts and events, as well as lease space for music, and theatrical productions, meetings and office use to other local and regional organizations. According to ICS preliminary discussions with several other organizations have occurred, and in each case, there has been signilicant support for having this facility available in the Grass Valley community.

The project is planned in response to a significant demand within Western Nevada County and fhe srr ""nrrn,ll.

Inconcert Sierra Proiect City of Crass Valley
lnitial Study / N{itigated Nega l ive De(laration October 7,2022,4 {rsrl6,:023 C

Item # 10.

PA;E70 oF 59
theater. Because these uses are proposed to be housed in a building with significant additional space, the project also meets the additional community demand fot conference and group meeting space. The size of the facility with ample parking and a significant emergency Power source also makes the space potentially useable as an emergency operations center.

Perfornnnces/Asxntbly Uses: Performances/ Assembly Uses are proposed in three areas of the 41,600 square foot building as illustrated in Exhibit E.

Exhibit E - Proposed Floor Pian
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See Exhibit F on following page - Concert Hall, Bhck Box €t Conference Center Colored Floor Plnns Concert Hall - The proposed 520-seat 9,500 square foot Concert Hall section of the building, identilied in blue, will be utilized for acoustical (normally un-amplified) chamber, orchestral, choral, and theatrical performances. A sold-out orchestral performance with choir would result in a total occupancy of 670 persons.

Blnck Box - The proposed 125-seat 2,500 square foot "Black Box" theater, identiJied in yellow, would provide a flexible conligurable space for various theater and smaller musical performances. With a sta+e stage crew and performance ensemble, maximum total occupancy would be 175 persons.

Conference Ctn?r - The proposed 3,000 square foot ConIerence Center, identified in lavender, could be configured in a variety of ways, and including use of smaller conference rooms could reach a maximum occupancy of 350 persons.
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lnitial Study/Mitigated Negative Declaration
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Item # 10.

PAGE77 oF 59
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It is expected that on rare occasions, two of these usages could occur simultaneously, but all three uses would not occur simultaneously. A full capacity Concert of 670 persons would preclude the use of other venues for separate events at the same time. Moreover, if two uses occur simultaneously, they would not exceed 670 occupants in total. Typical occupancy of the Concert Hall is estimated to be 350; Conference Center is estimated to be typically 200; an4 Black Box is estimated to be 75.

Regular occupancy by employees of non-profit organizations for office space and building operations will not exceed 30 employees.

Days/I-lours of Operahon - Hours of operation vary depending on performances and conference schedules. Higher usage is expected on Saturday and Sunday afternoon and evenings. Smalleroccupanry operations will periodically occur on weekday evenings. Occasional larger-occupanry operations will occur on weekends.

Conference Center usage hours will normally be 8:00 a.m. to 5:00 p.m. on scheduled weekdays. "Black Box" theater usage will be scheduled evenings 7:00 p.m. to 11:00 p.m. with periodic rehearsal, performance meetings and indoor stage set constmction activities from 8:00 a.m. to

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lnconcert Si€rra Proiect
lnitial Study/Mitigated Negative Declaration
City of Grass Valley
October Z 2022 4t+6rr5€6,{022
Exhibit F - Concert Hall, Black Box €t Confercnce Center Floor Plans ,t,
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PAGE12 oF 59
Concert Hall usage will be scheduled Sundays 12:00 p.m. to 5:00 p.m. and scheduled weekend evenings 7:00 p.m. to 11:00 p.m. with periodic rehearsals and stage configuration activities from 8:00 a.m. to 11:00 p.m. on weekdays and weekends.

Building Height Modifcation s - The existing single floor building will have two areas with roof heights raised to accommodate performance acoustics: one area of approximately 9,500 square feet to a maximum of 45 feet in height, and one of apptoximately 2,500 square feet to a maximum of 35 feet in height (see existing and two-story buildings below).

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Initial Study/Mitigated Negative DeclaIation
City of Grass Valley
frober 7, 2022 A {*s€H22
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Item # 10.

PAGE73 oF 59
Parking - The 41,600 square foot building is served by existing onsite parking spaces totaling 204 including 6 accessible ADA parking spaces resulting in a parking ratio of 1 parking space per 203 sq. ft. of building area. No additional on-site parking spaces are planned. However, negotiated parking agreements with adjoining proPerty owners are required to provide additional off-street parking in adiacent property parking lots during evening and weekend operations as required to accommodate larger attended events.

Food/Betterage - Concession drinks and other items will be available to audiences for scheduled performances. Catered food will be available for selected Conference Center activities.

Outdoor Uses - No outdoor uses are proposed with the project.

Noise - With all activities indoors and with significant interior sound insulation planned for the performance spaces, the only sound or noise impact from this project will be from automobile traffic to and from the site as well as conversational noise.

Access, Parking and Circulation - Access to the 41,600 square foot building is from Crown Point Court.

Access consists of a dual 12O-foot-wide ingress/egress driveway in the center of the site accessing Crown Point Court.

Lighting - No additional lighting is proposed witl.r the proiect. Existing lighting consists of parking lot lighting and building lighting.

Signage - A monument sign is located on the site at the corner of Crown Point Court and Crown Point Circle. Refacing of the sign is permitted with approval of a sign permit.

Topography - The site is relatively flat with less than 5% grades throughout. The site and buildings will be improved to meet ADA accessibility standards upon renovation, where required.

Drainage - The site drains from north to south with drainage outfall into the open space areas at the south end of the property. No additional drainage improvements are Proposed with the project.

Utilities - Water SuTtply: The subject property is served by Nevada Irrigation District (NID).

Extension and/or upgrade of NID water facilities is not required for the project.

Sanitary Seuer - The subject property is served by the City of Grass Valley for sewet. Extension and/or upgrade of City sewer facilities is not required for the project.

Dry Utilittes - Dry utilities (i.e., natural gas, electrical supply, telephone, cable) are located along Crown Point Court. Extension and/or upgrade of dry utilities is not required for the project.

General PIan Land Use Designafion - The City of Grass Valley General Plan designation is Business Park. The Business Park designation replaces the Planned Employment designation introduced in the 1982 General Plan. Business Park is a category as one of the two mixed use designations. The intent of the BP designation is to accommodate a variety of employmentlnconcert Sierra Prorect Initial Study/Mitigated NeSative De(laration
City of Crass Valley
kob€r 7, 2022,4ugu6#22

Item # 10.

PAGE 14 oF 59
generating land uses in a master-plarmed, campus type setting, designed to Preserve and enhance the natural environment and to fully integrate into the larger community.

The Whispering Pines Specific Plan extends this concept by designating the subarea for primarily high quality "corporate park" type developments. The goal is to establish a "campus-tyPe atrnosphere" with a "whispering pines" theme to be achieved throughout the subarea per the development standards in Chapter 4 of the Whispering Pines Specific Plan.

Zoning Designation - The property is within the Whispering Pines Specific Plan SP-1A Zone. The intent and purpose of the SP-1A Zone is to establish a mixed land use category to promote business and research parks, large individual corporate establishments, professional and administrative office complexes, and selected commercial activities as the predominate land use Regulatory Setting and Required Agency Approvals
The following City of Grass Valley, Responsible and/or Trustee Agency permits are required prior to approval of the InConcert Sierra Project:

City o{ Grass Valley Community Development Department - Building Plan Approvals and Conditions of Approval/ Mitigation Measure compliance verification.

City of Grass Valley Building and Fire Departments - Building Plan and Fire Apparatus Approvals.

Nevada County Environmenta! Health Departrnent (NDEHD) - An oPerator's permit shall be obtained from Nevada County Environmental Health Deparhnent for the proiect for the serving of food and beverages.

Nevada County Transportation Commission (NCTC) - Land Use Consistency with the adopted Nevada County Airport Land Use Compatibility Plan dated September 21',20-l^l is required by NCTC.

Inconcert Sierra Project
lnitial Study/Mitigated Negative Declaration
City o( Grass Valley
October 7, 2022 Autust46r022

Item # 10.

Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "NO Impact'' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to a Pro,ect like the one involved (e.g. the proiect falls outside a fault rupture zone). A "NO Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2\ All answers must take account of the whole action involved, including off-site as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impac(' enkies when the determination is made, an Environmental Impact Report (EIR) is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5) "Less-Than-significant Impact:" Any impact that is expected to occur with implementation of the project, but to a less than significant level because it would not violate existing standards. 6) "No Impact" The project would not have an impact to the environment. n Earlier analyses may be used where, pursuant to Tiering, Program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration.

City of Grass Valley
Ocrober T, m22 AaEa.+W
Inconcen Sierra Proiect
Initial Study/Mitigated NeSativ€ Declaration
PAGE 15 oF 59
8) Lead agencies are encouraged to incorporate into the checklist reference to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated

Item # 10.

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
fl Aesthetics
! Biological Resources
fl Geology/Soils
fl Hydrology/Water Quality ! Land Use/Ptanning
! Noise
! Recreation
! wildfire
! Agriculture & Forestry Resources X Air Quality
I Cutt .ul Resources ! Energy
I Greenhouse Gases ! Haz/Hazardous Mat
! Mineral Resources
! Population/Housing ! Public Services
fi Transportatio" lUtil./Service Systems
fl ftau, Findings/Significance ! None
DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation ! t fina that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
[] I fina that although the proposed project could have a significant effect on the environmen! there will not be a significant effect in this case because revisions in the proiect have been made by or agreed to by the proiect proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ! I fina that the proposed project MAY have a significant effect on the environmen! and an ENVIRONMENTAL IMPACT REPORT is required.
! I nna that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
! I fina that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or pursuant to applicable standards, and (b) have been avoided or mitigated LI t to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation es that are imposed upon the proposed project, nothing further is required.

Lance AICP, Principal Planner Date
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NEGATIVE DECLARATION

Item # 10.

PAGE17 oF 59
EVALUATION OF ENVIRONMENTAL IMPACTS:

I. AESTHETICS -
Would the project:
a) Have a substantial adverse etfect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
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c) ln non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? SE]-flNG
The aesthetic value of an area is a measure of its visual character and quality, combined with the viewer response to the area (Federal Highzoay Administration, 1983). The visual quality component can best be described as the overall impression that an individual viewer retains fiom residing in, driving through, walking througtu or flying over an area. Viewer response is a combination of viewer exposure and viewer sensitivity. Viewer exposure is a function of the number of viewers, the number of views seen, the distance of the viewers, and the viewing duration. Viewer sensitivity relates to the extent of the public's concern for a particular view shed (U.5. Bureau of Land Management, 1980).

The City of Grass Valley 2020 Ceneral Plon notes that the City does not contain any officially designed scenic highways or vistas, but generally acknowledges the City and its surroundings as having a wide range of landscapes, scenic vistas and visual resources.

Sources of existing light and glare in the project area are streetlights, residential lighting and parking lot lighting from adjoining land uses.
lMPAcrs
a)&b) The project includes extension of the existing roof for auditorium events. As illustrated, the design and materials are consistent with the existing architecture of the building. The project will not have a substantial adverse effect on a scenic vista or substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway. No impact will occur.

Inconcert Sierra Project
Initial Study/Mitigated Negative Declaration
City of Crass Valey
Octob€r 7,20224 r*s#
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PA6E78 oF 59
Distinguishing between public and private views is imPortant when evaluating chaages to visual character or quality, because private views are views seen from privately-owned land and are typically associated with individual viewers, including views from private residences. Public views are experienced by the collective public and include views of significant landscape features and along scenic roads. According to CEQA (Pub. Resources Code, S 21000 et seq.) case law, only public views, not private views, are Protected. For example, in Associahon for Protection etc. Values zt. Gty of Ukiah (1991) 2 Cal.App.4fl1720 [3 Cal. Rptr.2d 488], the court determined that "we must differentiate between adverse impacts upon particular persons and adverse impacts upon the environment of persons in general." As recognized by the court in Topanga Beach Renters Assn. u. Department of C'eneral Seniices (1976) 58 Cal.App.3d 188 11,29 Cal.Rptr. 7391: '[A]ll government activity has some direct or indirect adverse effect on some persons. The issue is not whether [the prolect] will adversely affect particular persons but whether [the project] will adversely affect the environment of persons in general."' Therefore, the focus in this section is on potential impacts to public views. Sensitive public viewers in the surrounding area would primarily consist of motorists, pedestuians, and biryclists travelling along Whispering Pines Court.

Generally, new development, if not carefully designed, can result in adverse impacts on sites open to public view. Adopted policies of the City's General Plan Community Design Element (Chapter 10 of the 2020 General Plan) aim to preserve the desirable physical and design features in Grass Valley and carry them over into new development so that old and new development appear compatible. The City's Community Design element states that new development within established areas shall be consistent in terms of scale, design, and materials.

The architectural design of the project includes architectural detailing, natural materials and colors consistent with the existing building and adjoining buildings in accordance with the \4/hispering Pines and the City's Community Design Guidelines as illustrated in the proiect description. This potential impact is less than significant.

Existing sources of day and nighttime light within and around Grass Valley include those common to developed areas, including motor vehicle lights along Crown Point Court City and County streetlights, parking lot lighting, building lighting and signage in the proiect area.

Residential uses are located adioining the rear parking lot to the south and east 1200 feet from the parking lot. The residential uses are approximately 60 feet below the existing parking Iot separated by a 100 foot plus forested buffer open space easement. Except for the residential property located at 11948 Arbutus Lane, no residential uses can be viewed from the proiect site parking lot due to the heavily vegetated/orested open sPace easement. The elevation of the parking lot coupled with the dense vegetation and trees of the open space easement minimizes parking lot lighting and building lighting from encroaching onto adloining residential uses.

No additional lighting is proposed for the building renovation, so no additional impacts will occur.
lnconcerl Sierra Project
Initial Study/Mitigated Negative Declaration
City o( Grass Valley
October 7, 2022 A+!t+l5ll#22

Item # 10.

PAGE19 oF 59
il. AGRICULTURE
RESOURCESRESOURCES & FOREST
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide lmportance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as dellned in Public Resources Code Section
12220(9\, timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)?
d) Result in the loss of forest land or conversion of forest land to non-forest uses?
e) lnvolve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
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City of Crass Valley
October 7, 2022 Al*tusl2#
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"Agricultural Land" is defined as prime farmland, farmland of statewide importance, or unique farmland, as defined by flte United States Department of Agiculture Land Inuentory and monitoring criteria, as modified for California.

The project site is developed, within an urban setting. No agricultural operations or foresky lands have existed on the proiect site for many years as defined according to the U.S. Department of Agriculture. Althougl'r, the property contains trees, the project site does not fall under the definition of forest lands as defined by Puhlic Resources Code Section 12220(9).

IMPAcTS
a)&b) The proiect site is designated as " Urban and Built-up Land" as defined according to the U.S.

Department of Agiculture. As defined, "Urban and Built-up t-and is used for residential, industrial, commercial, construction, institutional, and public administrative PurPoses.

Highways and other transportation facilities are also mapped as a part of Urban and Builtup Land if they are a part of the surrounding urban areas." The Calit'omia Resources Agency farmland mapping program does not identify the project site or vlclllt as havin Prime Farmland, Uni ue Farmland, or Farmland of Statewide Im ortance.

Inconcert Sierra Projed
Initial Study/Mitigated N€gative Declaration
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The proposed project area has been designated for urban development zoned for office professional and similar uses according to the Wispeing Pines Specifc Plan.

Considering no farmland as defined by CEQA exists within the Project area, the proposed proiect will not involve conversion of farmland or zoning for agricultural use, including any farmlands under Williamson Act Contract. No impact will occur. c)-e) As noted in the project setting above, the project will not conflict with existing zoning or cause the rezoning of forest land (as defined in Public Resources Code Section 12220(9), timberland (as defined by Public Resources Code Section 4526), or timberland zoned timberland Production (as defined by Government Code Section 51104(9)).

All improvements will occur within the existing building footprint. However, should trees require removal due to ADA or other improvements, the aPPlicant will be required to obtain a Tree Removal Permit from the City of Grass Valley in accordance wirh Clwpter 12.36 of the City's Municipnl Code. Prior to removing kees, the City's Tree Permit standards requires mitigation for the loss of protected trees with payment of inJieu fees or replanting on-site or combination thereof. No impact will occur.

Potentially
Significant
lmpacl
Less Than
Signillcant
Matigation
Incorporation
Less Than
Significant
ilt. AtR ouAllw- lmpact
Where available, the significance criteria established by the applicable air quality managemenl or air pollution control dislrict may be relied upon to make the following determinations.

Would the project
a) Conflict with or obstruct implemenlation of the applicable air quality plan?
No lmpacf
x
b) Result in a cumulative considerable net increase in any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
SETflNG
The project is located within the Northem Sierra Air Quality Management Distict's (NSAQMD) jurisdiction. The overall air quality in Nevada County is good but two known air quality problems exist, Ozone and Suspended Particulate Matter (PM-10). Nevada County is a "non-attainment" for both pollutants. PM-10 in Grass Valley meets federal ambient ozone standards but exceeds the more "t t.g--+ C+"+- "t^-
lnconcert Sierra Proje€t City of Grass Valley
Initial Study/Mitigated Negative Declaration October 7, 2022,4upsf364023 tr
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PA;E 20 oF 59
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PAGE 21 oF 59
fireplaces. Violations in the summer months have been noted during forest fires or periods of open burning. PM-10 is usually associated with dust generated during construction. Western Nevada County is a non-attairunent area for the federal 8-hour ozone standard and the entire county is nonattainment for the state one-hour ozone standard.

The NSAQMD has adopted standard regulations and conditions of approval for projects that exceed certain air quality tfueshold levels to address and mitigate both short-and long-term air quality emissions. The NSAQMD has established the below thresholds of significance for PM-10 and the precursors to ozone, which are reactive organic gases (ROG) and nitrogen oxides (NOx). The NSAQMD has developed a three-tiered approach to significance levels A through C: A project with emissions meeting l,evel A thresholds require the most basic mitigations; proiects with projected emissions in the level B range requiring more extensive mitigations; and those projects which exceed Level C thresholds, requiring an Environmental Impact Report to be prepared, which may result in even more extensive mitigations.

IMPACTS
a) The InConcert Proiect does not conflict with or obstruct implementation of an air quality plan prepared by NSAQMD. No impact will occur.
b-c)Project building construction will be required to comply with NSAQMD standard threshold regulations and air quality mitigations and therefore will not result in a cumulative coruiderable net increase in any pollutant for which the project region is non-attainment under applicable federal or state ambient air quality standards.

Construction-related emissions vary substantially depending on the level of construction activity, length of the construction period, specific construction operations, types of equipment, number of personnel, wind, precipitation conditions, and soil moisture content. In its developed condition as a transient recreational use, air pollutant emissions would be generated by, but not limited to emissions from proposed HVAC units and vehicle trips.

Energy use emissions are generated by on-site natural gas and propane consumption for space and water heating and cooling. Area source emissions are generated by landscape maintenance equipment, consumer products, and architectural coatings.

Operational emissions include mobile source emissions, energy use emissions, and area source emissions. Mobile source emissions are generated by motor vehicle trips. According to the traffic analysis, the project will have significantly less vehicles in motion on less days, resulting in a minor reduction in greenhouse emissions (and VMT) dudng a year, and even on a monthly basis.

In review of the project, fr'e Calit'ornia Emission Estimator Model (AnEEMod) Vetsion 2016.3.2, emissions modeling program was used to estimate air pollutant emissions associated with the InConcert Project. CalEEMod quantifies construction emissions associated with the use of offroad equipment, on-road worker commute, construction delivery and haul trucks, and apPlication of architecfural coatings. The software calculates construction emissions by Inconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of Crass Valley
tuober Z 2022^i*g*|+w

Item # 10.

PAGE22 oF 59
conskuction phase based primarily on anticipated equipment (e.g., graders, dozers, forklifts), hours of use, estimated area of disturbance, number of vehicles, and distance of vehicle trips.

RoG (lbs/day) NOx (lbs/day) PMro (lbs/day) Co (lbs/day
Project Construction lmpacts 19.96 39.96 27.O
Proiect Operational lmpacts 1.158 0392 2.980 0329
Level A Thresholds
NSAQMD- Significance
Thresholds
RoC (lbs/day) NOx (lbs/day) PMro (lbs/day) N/A
<24lbs/ day <24lbs/day <79lbs/ d,ay
Lcvtl B Thrcsholtls
Maximum Proie(t Emissions
RoC (lbs/day) NOx (lbs/day) PMro (lbs/day) N/A
24-136lbs/day 24/1 lbs/ day 79-736lbs/ day
Lwel C Thresholds
Maxin1unr Proiect Emissions
ROG (lbs/day) NOx (lbs/day) PMls (lbs/day) N/A
>136lbs/day >136lbs/day >136lbs/day
As shown in Table 1 daily emissions generated by construction and operation of the proposed pro,ect would not exceed the tfuesholds of significance in the NSAQMD Guidelines. As a result, the proposed proiect would not result in potentially significant air quality impacts and would not conflict with or obstruct implementation of the NSAQMD air quality plan and standards.

Moreover, the proposed InConcert Sierra Project would not violate the thresholds of significance established by NSAQMD for ozone precursors and PM10, the two criteria pollutants which the region is classified as non-attainment.

Construction emissions are temporary in nature but have the potential to represent a significant short term air quality impact. Operation of off-road construction equipment and vehicles, mobile sources (e.g. delivery vehicles, construction worker vehicles), and architectural coatings generate PM, Nox, and ROG emissions. Generation of these emissions are a function of the types and number of healy-duty and off-road equipment used and the intensity and ftequenry of their operation, as well as vehicle trips per day associated with delivery of construction materials, the importing and exporting of soil, vendor trips, and worker commute trips, and the ROG concentration of architectural coatings. Fugitive dust emissions are also among the pollutants of greatest concern during conskuction activities and depend greatly on required oPerations/ number and type of vehicles, vehicle speeds, local soil and weather conditions, and extent of site dishrrbance.

Construction of the InConcert Sierra Project would involve interior demolition, interior tenant lm ll tectural coatin
City of Crass Valley
frober7,2022A,u6r@
lnconcert Sierra Projecl
Initial Study/Mitigated Negative Declaration
activities.

According to CalEEMod modeling results, air quality impacts for both construction and longterm operational (occupancy) phases would be less than significant for all regulated air pollutants. That is, the daily emissions are all below the Level B tfuesholds adopted by NSAQMD as quantified in Table 1:

TABLE 1 - Proiect Construction and Operational Emissions Estimates

28.35

Item # 10.

PAGE23 or 59
The nearest sensitive receptors (i.e. residential uses) are located 1200 feet from the project site to the south and west. Impacts of the lnConcert Sierra Project site will result from initial long-term operation of the assembly use facility. Initial construction-related air pollutant emissions would originate from mobile and stationary sources including but not limited to construction equipment exhaust, dust resulting from painting, and asphalt and/or concrete Paving, as applicable.

Since operational emissions would be in accordance with accepted thresholds and construction-related emissions would be short-term, the proposed projec(s emissions are not anticipated to expose sensitive receptors to substantial pollutant concenhations.

Therefore, impacts are anticipated to remain less than significant. d) The project will not result in other emissions (such as those leading to odors adversely affecting a substantial number of people) No impact will occur.

Polentially
Significant
lmpact
Less Than
Significant
Miligation
lncorporation
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IV. BIOLOGICAL RESOURCES -
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identilled in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect state or federally protected wetlands. (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) lnterfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a lree preservation policy or ordinance?
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Initial Study/Mitigated Negative De€laration
City of Crass Valley
tuober 7, 2022,4ilgt*sta6re0l?
Less Than
Siqnmcant lmpact No lmpact
Would the project:
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Item # 10.

PAOE24 oF 59
IV. BIOLOGICAL RESOURCES -
Potentially
Significant
lmpact
Less Than
Signillcant
lmpact
Less Than
Significant
Miligalion
lncorporalion
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No lmpacl
f) Conflict with the provisions of an adopted Habitat x Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat
conservation Plan?
SErIrNG
The project site is entirely developed with the 41,600 square foot of building, parking and landscaping. No additional development is proposed, which may affect Biological Resources.

IMPACTS
a) No biological impacts will occur as no development is occurring. No impact will occur. b-c) The project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

Additionally, the proiect will not have a substantial adverse effect on state or federally protected wetlands. (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. No impact will occur. d) The project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. No imPact will occur. e) The project will not conllict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No impact will occur. l) The property has been slated for urban development according to the Nez'nda County General Plnn and City of Grass Vnlley 2020 Genernl Pkn. The project will not conJlict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. No impact will occuf.
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City of Crass vauey
October 7, 2022 Ai*Errsl+#
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Item # 10.

PAGE25 or 59
Potentially
Significant
lmpact
Less Than
Significant
Mitigation
lncorporalion
Less Than
Signillcant
V. CULTURAL RESOURCES - lmpacl
Would the project
a) Cause a substantial adverse change in the signilicance of a historical resource as defined in S15064.5?
b) Cause a subslantial adverse change in the significance of an archaeological resource pursuant to S15064.5?
No lmpact
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c) Disturb any human remains, including those interred outside of formal cemeteries?
Would the project
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
d) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k)?
e) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set for the in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall
consider the significance of the resource to a California Native American Tribe?
SernHc
The site contains an existing 41,500 square foot building and related parking, landscaping, and lighting. Except for an increase in the roof height and interior tenant improvements within the existing footprint, no additional site disturbance is proposed.

IMPACTS
a-c) The proiect will not cause a substantial adverse change in the significance of an atchaeological resource pursuant to S15064.5. of the Public Resources Code. No impact will occur.
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lnconcert Sierra Proj€.t
lnitial Study/ Mitigated Negative I )eclara tion
City of Grass Valley
October 7, 2022 As€ss+15,-2022
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TRIBAL CULTURAL RESOURCES -
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Item # 10.

The project will not directly or indirectly destroy a unique archaeological resource or site.

No impact will occur.

The project will not disturb any human remains, including those interred outside of formal cemeteries. No impact will occur.
c-e) The project will not impact resources listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). No impact will occur.

The proiect will not impact a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant Pursuant to criteria set for the in subdivision (c) of Public Resources Code Section 5024.1. No impact will occur.

Potentially
Significant
lmpact
Less Than
Significant
wth
Mitigation
lncorporation
Less Than
Signalicant VI. ENERGY lmpact No lmpact -
Would the project
a) Result in potentially signiflcant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
establishes voluntarv standards on plannine and desien for sustainable site development, lnconcert Si€rra Pro,ect
lnitial Study/Mitigated Negative Declaration
City of Grass Valley
O(tober 7, 2022 A r*sts26-l€22
PAGE26 oF 59
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SETflNG
Electricity and natural gas are the two primary forms of energy used in the City of Grass Valley and are provided by Pacific Gas aruL Electric (PG€.IE). Grass Valley has already implemented prograrns that have resulted in or will lead to benefits in the form of energy efficiency, renewable energy, and water efficiency.

Energy conservation standards for new residential and commercial buildings were originally adopted by the Califomin Energy Resources Conseruation and Dez,elopnent Commission in}une 7977; have been updated periodically since and have been updated again last year (Title 24, Part 6 of tfu California Code of Regulntiorns). ln general, Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for consideration and possible incorporation of new energy efficiency technologies and methods.

In July 2008, the California Building Stmdnrds C-onmtission adopted the nation's first green building standards. The Californin Green Building Starulards Codt (Part lI, Tltle 24) was adopted as part of the Cnlifomia Building Stondards Corle (litle 24, California Code of Regulations). Part '11

Item # 10.

PAGE27 oF 59
energy efficiency (in excess of California Energy Code requirements), water conservation, material conservation, and internal air contaminants.

IMPACTS
a)&b) Renovation of the 41,600 square foot building is subject to compliance with Tlile 24 enerry efficienry standards and, Grecn Building Codes adopted by the City of Grass Valley. Approved building plans will be in accordance with Title 24 and Green Building Standards for energy efficienry standards. The project will not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Due to the Green Building rerycling and Title 24 energy provisions, these impacts are considered less than significant.

Potentially
Significant
lmpact
Less Than
Significanl
VI. GEOLOGY AND SOILS lmpact -
Would the pro.iect
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of lvlines and Geology Special Publication 42. ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
b) Result in substantial soil erosion orlhe loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proiect, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as detined in the Building Code, creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water?
f) Directly or indirectly deskoy a unique paleontological resource or site or unique geologic feature.

Less Than
Significant
Mitigation
Incorporation No lmpact
x
x
x
x
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Inconcerl Sierra Proiect
lnitial Srudy/ Mitigated Negative Declaration
City of Crass Valley
tuob€r 7, 2022,4lr6**f@
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PAGE 28 oF 59

SETTING
Nevada County is part of the Sierra Nevada Range, a geologic block approximately 400 miles long and 80 miles wide which extends in a north-south bank along the eastern portion of California. The terrain of Nevada County is distinctly characterized by two features of the Sierra Nevada. The western third of the county is comprised of rolling foothills which form a transition between the lowJying Sacramento Valley and the mountains to the east- The area extending from the Yuba County line to iust northeast of Grass Valley/Nevada City area is generally comprised of metavolcanic (Mesazoic Jura-Trias Metavolcanic) and granite (Mesazoic Granitic) formations.

Grass Valley is not within an Alquist-Priolo zone as defined in DMG Special Report 42 (DMG 1997).

However, ground movement can be felt in Grass Valley from earthquakes at intermediate distances (i.e. the Truckee earthquake of 1968) and from distant earthquakes (i.e. Winters-Vacaville 1892 event).

IMPACTS
a) The project will not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake faul! as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault.

The project is not anticipated to be subject to strong seismic ground shaking, seismicrelated ground failure, including liquefaction or landslides. No impact will occur. b) The project will not result in substantial soil erosion or the loss of topsoil. No impact will occur.
c) The project is not located on a geoiogic unit or soil that is unstable, or that would become unstable as a result of the proiect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. No impact will occur. d) The project is not located on expansive soil, as defined in the Building Code, creating substantial risks to life or property. No impact will occur. e) The project will not entail the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No impact will occur.
g) The project will not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. No impact will occur.
lnconcert Sierra I'roject
Initial Study/Mitigated Negativ€ De<laration
City of Crass Valley
October 7, 2022,4l*€us@

Item # 10.

PACE29 oF 59
VII. GREENHOUSE GASES -
Potentially
Sagnificanl
lmpact
Less Than
Signiflcant
lmpacl
Less Than
Significant
[,4itigation
lncorporation No lmpact
Would the project:
a) Generate Greenhouse emissions, either directly or
indirectly, that may have a significant impact on the
environment.
b) Conflict with any applicable plan, policy or regulation of any agency adopted for the purpose of reducing the emissions of greenhouse gases.

SETTING
The City of Grass Valley has not conducted a greenhouse gas emissions inventory or adopted a Climate Action Plan, performance standards, or a GHG efficiency metric.

However, the City has adopted an Energy Action Phn and the Grass Valley 2020 General Plan includes numerous goals, policies, and programs which, if implemented, will reduce Grass Valley's impacts on global climate change and reduce the tfueats associated with global climate change to the City.

CEQA Guidelines Section 15064.4 provides direction to lead agencies in determining the significance of impacts ftom GHG emissions. Section 15064.4(a) calls on lead agencies to make a good faith effort, based upon available information, to describe, calculate or estimate the amount of GHG emissions resulting from a project. The lead agency has the discretion to determine, in the context of a particular projec! how to quantify GHG emissions.

Greenhouse gasses (GHG) include gases that can affect the earth's surface temperature. The natural process through which heat is retained in the troposphere is called the greenhouse effect. The greenhouse effect traps heat in the troposphere tl-uough a process of absorbing different levels of radiation. GHG are effective in absorbing radiation which would otherwise escape back into space.

Therefore, the greater the amount of radiation absorbed, the greater the warming potential of the atmosphere. GHG are created through a natural process and/or industrial processes. These gases include water vapor (H2O), carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), Perfluorocarbons (PFCs) and sulfur hexafluoride (SF6).

Since 2005, the California legislature adopted several bills, and the Governor signed several Executive Orders, in response to the impacts related to global warming. Assembly Bill 32 states global warming poses a serious threat to California and directs the Air Resources Board to develop and adopt regulations that reduce GHG emissions to 1990 levels by the year 2020. Senate Bill 97 requires an assessment of projects GHG emissions as part of the CEQA process. SB 97 also required the Ofice of Planning and Research to develop guidelines to analyze GHG emissions.

The NSAQMD has not adopted tluesholds of significance for GHG emissions. Due to the nature of global climate change, it is not anticipated that a single project would have a substantial impact on City of Grass Valley
October Z 2022 A$tlrs€#
Inconcert Sierra Project
Initial Study/Mitigated Negative De€laration
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Item # 10.

PAGE30 oF 59
global climate change. Although it is possible to estimate a proiecf s emissions, it is not possible to determine whether or how an individual projecfs relatively small incremental contribution might translate into physical effects on the environment.

IMPACTS
a)&b) Calculating the Greenhouse ImPacts on an individual project is difficult to qualify or quantify. The GHG emissions from the proposed project would not individually generate GHG emissions enough to measurably influence global climate change. However, change in occupanry from an office to an entertainment assembly use would result in changes of Vehicle Miles Traveled (VMT) resulting in changes in CO2 and other greenhouse gas emissions due to vehicle miles traveled, energy use, and solid waste disposal.

According to the Final Traffc Sndy prepared by Pism Engineeing dated lune '15, 2022, the project will have significantly less vehicles in motion on less days, resulting in a major reduction in greenhouse gas emissions and VMT during the course of a year, and even on a monthly basis. The proposed project consisting of InConcert Sierra, Sierra Stages, and a Con{erence Center facility, will have operations taking place typically on different days.

Coordination of schedules will need to take place. InConcert Sierra for instance, has an event once a month resulting in less VMT and Greenhouse Gases than an office use. Table 1 provides the proiect and operational emission estimates:

Table 1 - Proiect Construction and Operational Emissions Estimates As noted in the Air Quality Section of this Initial Study, the above impacts are within the acceptable level of impacts as viewed by the NSAQMD. In addition, the following project components and Califomia Green Building Code requirements apply to the proposed assembly use project:
o Toilets and showers shall be low flow.
o All exterior lighting shall be high efficacy and be controlled by a manual on/off switch. . All high efficary light fixtures shall be certified as "high-efficacy" light fixtures by the California Energy Commission.

ROG (lbs/day) NOx (lbs/day) PM,6 (lbs/day) CO (lbs/day
Proiect Constructiol Lnpacts 19.96 39.96 28.35 21.62

1.t58 .0392 2.9{.t0 0329
l.r'vr:l A fhrcsholtls
NSAQMD- Signif icance Tlrresholds <24lbs/day <79lbslday N/A Level B Thresholds
Maximum Project Emissions 24-136lbs/day 24/-l lbs/day 79-736lbs/ d,ay N/A Level C Thresholds
Maximu Projcct Emissions >136 lbs/day >l36lbs/day >136lbs/day N/A Inconcert Sierra Projed
Initial Study/Mitigated Negative Declaration
City of Crass Valley
ft ober 7, 2022.CirF*s+2@
Proi({t Operational Impacts
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Item # 10.

PACE 37 oF 59
The renovation shall be constructed in accordance with Title 24 Energy Standards The above CA Green Building Code requirements coupled with the analysis in the Air Quality Section of this Initial Study, assure that Greenhouse Gas impacts remain less than significant.

Potenlially
Significant
lmpact
Less Than
Signmcant
with
Matigation
lncorporation
Less Than
Significanl
lmpact No lmpact
VIII. HAZARDS AND HAZARDOUS MATERIALS -
Would the pOect:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into the environment?
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e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the pOect area?
f) lmpair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures to a signilicant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands?
SEr-nNG
Based upon a search of the Nnada County's Entironmental Health Departmenf's website, the proposed project site is not listed in any database of hazardous materials sites. Hazardous materials stored and used onsite and on surrounding properties would be associated with common construction and household chemicals used. However, these chemicals are purchased legally and do not constitute a hp:llh hazer,l
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Initial Study/Mitigated Negative Declaration
City of Grass Valley
(Xtob e r 7, 2022 AaBasil5,-W
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c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an exisling or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
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PAGE 32 oF 59
The Grass Valley City Fire Departrnent responds to all calls for emergenry services within City limits that include, but are not limited to fires, emergency medical incidents, hazardous materials incidents, public assists, traffic and vehicle accidents and other situations. The City's closest fire station is located on Sierra College Drive, which is staffed 24 hours a day. This station is located just over t3 miles from the project site. In the Grass Valley area, industrial and commercial facilities that use, store, or dispose of hazardous materials present the greatest potential hazards. A search of available environmental records conducted indicates that the project site is not listed as a hazardous materials site and no listed sites occur within an ASTM standard distance radius.

IMPACTS
a&b) The proposed project does not involve an activity that may create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. No impact will occur.
c&d) The proposed project does not involve an activity that will emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact will occur.

The property is not listed on the City's Hazardous Waste Site or Nevada County's Contaminated Sites lists. In addition, staff conducted a record search on the Sfafe's Geotracker, Enoirostor and Department of Consentation utebsites and found no evidence of abandoned mine or hazardous waste sites in the project vicinity. No impact will occur. e) The proiect site is located approximately 1 mile (as the crow flies) from the Nevada County Airport. As required by the Public Utilities Code, the Airport Land Use Commission adopted lhe Neoada County Airyort Land Use Compatibility Plan. The compatibility plan's purpose is to promote compatibility between the airport and surrounding land uses with respect to height (e.g. height of structures), safety (e.g. number of persons per acre), and noise (e.g. noise sensitive land uses). According to the Nevada County Airport Land Use Compatibility Plan, the proiect site is located in Land Use Compatibility Zone D of the area of influence.

On August 23, 2022, the Executive Director of the Nevada County Airport Land Use Commission (NCALUC) provided correspondence indicating that:
"After reviewing the project details and the proposed number of event attendee and employees on site, I find that the proposed project does not contain characteristics likely to result in inconsistencies with the compatibility criteria set forth in the Nevada County Airport Land Use Compatibility Plan and give approval of the project on behalf of NCALUC." (Exhibit H - ltlgrada County Airport Land Use Commission Correspondence dated August 23, 2022).
f&g)The project will not impair implementation of or physically interfere with an emergenry response plal or emergency evacuation plan. No impact will occur.

City of Grass Valley
October7,2022,w+# Inconcert Sierra Project
lnitial Study/MitiSated Negative L)eclaration

Item # 10.

PAGE33 oF 59
The Grass Valley region has a generally high potential for wildland fires of devasting intensity.

This is due to the presence, particularly in less urban settings, of heavier timber, woodland and brush, the occurrence of steep slopes, dry weather conditions and human activity. Generally vegetative areas over 8% slope are considered as fire hazardous (City of Crass Valley GP).

Existing City standards for the development provide adequate access, fire flows, and other facilities to maintain an appropriate level of fire Protection. Specifically, the proiect is required to comply with the Cahfomia Building Code and Califomia Fire Code. Based upon these standards, the proiect is not anticipated to expose people or structures, either directJy or indirectly, to a significant risk of loss, iniury, or death involving wildland fire. This imPact is less than significant.

Potentially
Significant
lmpact
Less Than
Signi{icanl
Mitigation
lncorporation
Less Than
Significant
lmpact No lmpact
IX. HYDROLOGY AND WATER QUALITY -
Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surFace or ground water quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater management
of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious
surfaces, in a manner that would:
i. Result in substantial erosion or siltation on or off site? ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site?
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff? or,
iv. lmpede or redirect flood flows?
d) ln flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
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Inconcert Sierra Proiect
lnitial Study/ Mitigated Negative Declaration
City of Crass Valley
October 7, 2022,4i1et}sl2@23
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Potentially
Significanl
lmpact
Less Than
Signmcant
Mitigation
lncorporation
Less Than
Significant
lmpacl
IX. HYDROLOGY AND WATER QUALITY -
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No lmpact
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SETTING
The property is in tl.re \Arhispering Pines Specific Plan area. The immediate area is built out with business park and similar type uses in accordance with the Whispering Pines Specific Plan.

The properties are located in Flood Zone X (Areas determined to be outside the 500-year flood plain) according to the Flood Insurance Rate MaP for the County of Nnada, Map No. 06057C0650E dated February 3, 2010.

IMPACTS
a) Except for an increase in the height of the building, no additional square footage is proposed with the project. A11 existing inlrastructure has been constructed with limited onsite improvements being required such as accessible ADA improvements. According, the project will not violate any water quality standards or waste discharge requirements or otherwise substantially degtade surface or ground water quality. No impact will occur. b) Treated water is available and provided by Nevada Irrigation District (NID). The project will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of NID services. This impact is less than significant. c) The proiect will not substantially aiter the existing drainage pattern of the site or area/ including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a marmer that would result in substantial erosion or siltation on or off site.

The project will not substantiaily increase the rate or amount of surface runoff in a manner which would result in flooding on or off site. The project will not impede or redirect flood flows. No impact will occur.
d) The deveioped portion of the property is not within an area of the 100-year flood plain according to FEMA Map panel number 06057C0650E dated February 3, 2010.

The project will not expose people or structures to a signiJicant risk of loss and is not subject to inundation by seiche, tsunami, or mudflow. No impact will occur.

Inconcert Sierra Proiect
Initial Study/MitiSated Negative Declaration
City of Crass Valley
October 7, 2022,4tltusl:.w
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Item # 10.

PAqE35 oF 59
e) The project will not contribute additional storm water into the existing drainage improvements constructed on the project site. No impact will occur.

Potentaally
Significant
lmpact
Less Than
SigniUcanl
Mitigation
lncorporalion
Less Than
Srgniflcant
lmpact No lmpact X. LAND USE AND PLANNING _
Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

SETTING
The City of Grass Valley 2020 General Plan t-and Use Map (updated February 2007) identifies the property and area within the \Atrhispering Pines Specific Plan Area. The \A/hispering Pines Specific Plan and SP - 1A designates the property for Business Park and similar compatible uses.

IMPACTS
a) The project site is surrounded by urban development consisting of professional offices and business park type uses. The project is surrounded by existing development and will not physically divide an established community. No impact will occur. b) Multiple Whispering Pines Specific Plan and 2020 General Plan policies, goals and obiectives support mixed-use developmen! infill development and additional recreational opportunity/facilities in the City, including, but not limited to:
x

7.LUG
18-LUO
19-LUO
20-LUO
24-LUO
18-CDP
Create a healthy economic base for the community, including increasing employment opportunities tfuough attraction of new and compatible industry and commerce, and tfuough retention, promotion, and expansion of existing businesses.

Creation and retention of wealth in Grass Valley.

Employment opportunities for present and future residents.

An expanding local tax base.

Creation of an economy conducive to quality growth and develoPment.

Endeavor to locate new entertainrnent and retail facilities in the Downtown area through redevelopmen! public/private Partnerships and other development tools.

Development of the property will not divide an established community or conflict with any applicable land use plan, policy or regulation. No impact will occur.

Inconcert Siera Prcject
Initial Study/Mitigated NeSative Declaration
City of Grass Valley
Odober 7, 2022,4t{F}sH23
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Potentially
Significant
lmpact
Less Than
Signmcant
Mitigataon
lncorporation
Less Than
Signilicani
lmpact
tr
No lmpact
No lmpact
XI. MINERAL RESOURCES -
Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
x[. NorsEWould the project:
a) Generate a substantial temporary or permanent increase in ambienl noise levels in the vicinity of the project in excess of x

SETTTNG
The City of Grass Valley adopted a General Plan Mineral Management Elcment (MME) on August 24, 1993. The MME contains four resource areas defined as: MRZ - 1 though MRZ - 4. The designations are described as follows:

MRZ - 1: Areas where adequate information indicates that no significant minetal deposits are Present.

MRZ - 2: Areas where adequate information indicates that significant mineral deposits are Present or where it is iudged that there is a high likelihood for their presence.

MRZ - 3: Areas containing mineral deposits, the significance if which cannot be evaluated from available data.

MRZ - 4: Areas where available information is inadequate for assignment to any other MRZ zone.

IMPAC-TS
a)&b) The General PIan Mineral Management Element does show the site as being near an area classified as having significant mineral deposits. The project properties are located near one of the two areas identified in the Mineral Management Element (MME) as being targeted for mining conservation. However, should mining activities be proposed in the area, the MME includes a policy statement that requires a proposed mine project to address potential impacts on the urban uses based upon the nature of the mining activities. According to the MME, the proposed proiect is not anticipated to result in the loss of availability of a known mineral resource or locally known minimal resource. No impact will occur.

Potentially
Significant
lmpact
Less Than
Significant
Mitigation
lncon oration
Less Than
Significant
lmpact
Inconcert Sierra Proiect
Initial Study/Mitigated Negative Declaration
City of Grais Valley
October 7, 2022,4 t,lil#22
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