GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, May 09, 2023 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 Jan Arbuckle, Vice Mayor Hilary Hodge, Councilmember Bob Branstrom, Councilmember Haven Caravelli, Councilmember Tom Ivy
MEETING NOTICE
City Council welcomes you to attend the meetings electronically or in person at the City Hall Council Chambers, located at 125 E. Main St., Grass Valley, CA 95945. Regular Meetings are scheduled at 7:00 p.m. on the 2nd and 4th Tuesday of each month. Your interest is encouraged and appreciated.
This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ.
Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.
Agenda materials, staff reports, and background information related to regular agenda items are available on the City’s website: www.cityofgrassvalley.com. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Grass Valley website at www.cityofgrassvalley.com, subject to City staff’s ability to post the documents before the meeting.
Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.
City of Grass Valley, CA AGENDA May 09, 2023
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order to accomplish business in the most efficient manner.
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. Poppy Day Proclamation
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 April 25, 2023 Recommendation: Council approve minutes as submitted.
3. Local Emergency Proclamation (Drought Conditions)
CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
4. Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
5. Grass Valley Professional Services Agreement for Consultant Services for Nevada Cemetery District (NCD)
CEQA: Not a Project
City of Grass Valley, CA AGENDA May 09, 2023
Recommendation: That City Council authorize the City Manager to sign a contract with Nevada Cemetery District to provide financial services.
6. Approve Resolution 2023-19 opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act
CEQA: Not a Project.
Recommendation: That Council review and adopt Resolution 2023-19 opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act.
7. Appointment of Historical Commissioner Terrance McAteer & Dyane Albrecht to the Historical Commission for a four-year term
CEQA: Not a Project
Recommendation: That the City Council appoint Historical Commissioners McAteer & Albrecht to a term ending July 1, 2026
8. Approval of City Planner Job Description, Salary Schedule, and Executive Service Contract with Appendix A
CEQA: Not a Project
Recommendation: That City Council approve new job description and salary range for the City Planner; and 2) approve the Contract Employees Agreement with Appendix A.
9. Mill Street Parking Lot Improvements Project – Authorization to Bid CEQA: Exempt, Class 11 and 32
Recommendation: That Council authorize the advertisement for bids for the Mill Street Parking Lot Improvements Project
10. Update Municipal Code Section 8.16 Fire Control Regulations CEQA: Not a project
Recommendation: That Council hold the second reading of Ordinance no. 824 to repeal Municipal Code Chapter – 8.16 Fire Control Regulations and Urgency Ordinance No. 823 and replace with new Municipal Code Chapter 8.16 Fire Control Regulations.
Waive full reading.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
11. Introduction of an ordinance repealing and replacing Chapters 5.16 “Cable Television Franchise”, 5.18 “Cable Systems and Open Video Systems”, and 5.19 “State Video Franchises” of the Grass Valley Municipal Code.
CEQA: Not a Project.
Recommendation: That Council: 1) review the proposed ordinance to repeal and replace Municipal Code Chapters – 5.16 “Cable Television Franchise”, 5.18 “Cable Systems and Open Video Systems”, and 5.19 “State Video Franchises”; and 2) introduce Ordinance No. 825, waive full reading, and read by Title only.
City of Grass Valley, CA AGENDA May 09, 2023
ADMINISTRATIVE
12. Grass Valley Downtown Association 2022 Annual Review CEQA: Not a project.
Recommendation: Informational item no action required
13. Development Impact Fees – Draft Capacity and Impact Fee Studies CEQA: Not a project
Recommendation: That Council 1) receive a presentation on the Water and Wastewater Capacity Fee study process and findings, 2) receive a presentation on the Development Impact Fee study process and findings 3) set a public hearing for June 27, 2023 for the AB1600 update of Water, Wastewater and Development Impact Fees.
14. Water and Wastewater User Rates– Draft Rate Study
CEQA: Not a project
Recommendation: That Council 1) receive a presentation on the Water and Wastewater rate study process and findings, 2) review the Proposition 218 Notice for maximum rate adjustments for Water and Wastewater User Rates, 3) receive an informational update on the implementation process for the proposed Water and Wastewater User Rates adjustments.
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, May 9, 2023 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, May 5, 2023.
________________________
Taylor Day, City Clerk
PROCLAMATION
PROCLAIMING MAY 26 & 27, 2023
AS
AMERICAN LEGION AUXILIARY
VETERAN’S POPPY DAYS
WHEREAS, the American Legion and the Auxiliary annually celebrates VETERAN’S POPPY DAYS on behalf of the disabled veterans, widows and orphans of our country and by doing so, greatly help those veterans in hospitals to rehabilitate themselves; and
WHEREAS, these disabled veterans, totally confined to Veteran’s Hospitals and the Yountville Veteran’s Home of California, make these poppies as part of their rehabilitation program.
NOW THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Grass Valley, County of Nevada, State of California, hereby declare May 26 & 27, 2023 as AMERICAN LEGION AUXILIARY VETERAN’S POPPY DAYS, and urge the citizens of Grass Valley to participate in this most worthy cause to help in the rehabilitation of the disabled veterans, widows and orphans of this country.
Dated this 9
th Day of May 2023
_____________________________ ____________________________ Jan Arbuckle, Mayor Hilary Hodge, Vice Mayor
_____________________________
Bob Branstrom, Council Member
_____________________________ _____________________________ Tom Ivy, Council Member Haven Caravelli, Council Member
Item # 1.
GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, April 25, 2023 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 7:00 PM.
PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Mayor Arbuckle.
ROLL CALL
PRESENT
Councilmember Bob Branstrom
Councilmember Haven Caravelli
Councilmember Tom Ivy
Mayor Jan Arbuckle
ABSENT
Vice Mayor Hilary Hodge
AGENDA APPROVAL
Motion made to approve the agenda by Councilmember Branstrom, Seconded by Councilmember Caravelli.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
PUBLIC COMMENT
In person comment: Mayor Arbuckle, Maryjane Huenergardt, Paula Newman, Penny Short, Wrynna Kohler.
CONSENT ITEMS
Motion made to approve the consent items by Councilmember Branstrom, Seconded by Councilmember Ivy.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
Item # 2.
City of Grass Valley, CA MINUTES April 25, 2023
1. Approval of the Regular Meeting Minutes of April 11, 2023.
Recommendation: Council approve minutes as submitted.
2. Local Emergency Proclamation (Drought Conditions)
CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
3. Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
4. Second Reading of Ordinance #822, amending section 8.24.260 of chapter 8.24 of Title 8 of the Grass Valley Municipal Code regarding Garbage Collection and Recycling.
CEQA: Not a project
Recommendation: Hold a second reading by Title Only and adopt Ordinance #822, amending section 8.24.260 of chapter 8.24 of Title 8 of the Grass Valley Municipal Code regarding Garbage Collection and Recycling.
5. 2022 Annual Measure E Street Rehabilitation Project – Budget Amendment CEQA: Exempt – Not a Project
Recommendation: That Council authorize the Finance Director to execute a budget amendment to reallocate $150,000 in Grass Valley Traffic Impact Fee (GVTIF) funds to the 2022 Annual Measure E Street Rehabilitation Project
6. Scotten Field Access Improvements Project – Authorize Contract CEQA: Exempt – Class 11 “Accessory Structures”
Recommendation: That Council authorize the City Engineer to execute a construction contract with Hansen Bros. Enterprises for the paving of the Scotten School field access road and parking lot, for an amount not to exceed $90,500.
7. Authorize travel for Administrative Services Director Andy Heath to the annual Tyler Connect Conference
CEQA: Not a project.
Recommendation: It is recommended that the City Council approve travel and related expenses for Administrative Services Director Andy Heath to attend the Tyler Connect Conference
8. Direction to file annual reports for Landscape and Lighting Districts (LLD) and Benefit Assessment Districts (BAD) for Fiscal Year 2023-24
CEQA: Not a project
Recommendation: It is recommended that the City Council adopt five Resolutions (2023-11, 2023-12, 2023-13, 2023-14, 2023-15) directing the filing of annual reports for Landscaping and Lighting Districts (LLD) – Annual Assessment for Fiscal Year 2023-
Item # 2.
City of Grass Valley, CA MINUTES April 25, 2023
24 and Benefit Assessment Districts (BAD) – Annual Assessments for Fiscal Year 2023-
24. 9. Approve Resolution Authorizing Submission of Applications for Local Housing Trust Funds and Certifying Future Awards of Funding Shall Comply with Applicable State and Federal Laws.
CEQA: Not a Project.
Recommendation: That Council review and approve Resolution 2023-17 authorizing submission of applications for Local Housing Trust Funds (LHTF), certifying future awards of LHTF and associated contracts shall comply with applicable State, Federal, and California Department of Housing and Community Development (HCD) requirements, and authorize the Western Nevada County Regional Housing Trust Fund to act as the trustee in connection with LHTF funds and eligible projects.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
ADMINISTRATIVE
10. Wolf Creek Trail Project – Project Update
CEQA: Initial Study – Mitigated Negative Declaration
Recommendation: That Council 1) receive an update on the project, 2) accept the contract engineering and environmental work performed by Surf to Snow Environmental Resource Management, Inc. as complete.
Bjorn Jones, City Engineer, gave presentation with Derek Hitchcock with Surf to Snow Environmental Resource Management Inc, Erik Stromberg and Matt Thomas with Restoration Design Group.
In person comment: Jonathan Kehey, Bruce Harring.
Motion made to accept the contract engineering and environmental work performed by Surf to Snow Environmental Resource Management, Inc. as complete by Councilmember Branstrom, Seconded by Councilmember Caravelli.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
11. Adoption of Resolution 2023-16 Delegating Authority to Execute the Proposition 64 Public Health and Safety Grant Agreement
CEQA: Not a project.
Recommendation: Staff recommends that the City Council adopt Resolution No. 2023– 16, which includes the following actions (Attachment 1 – Resolution No. 2023-16):
Authorizes the City Manager to submit the grant proposal for awarded funding and sign the Grant Agreement with the Board of State and Community Corrections (BSCC), including any amendments thereof.
Tim Kiser, City Manager, gave presentation to the Council.
In Person Comment: Bella
Virtual Comment: Cameron Brady
Item # 2.
City of Grass Valley, CA MINUTES April 25, 2023
Motion made to authorizes the City Manager to submit the grant proposal for awarded funding and sign the Grant Agreement with the Board of State and Community Corrections (BSCC), including any amendments thereof by Councilmember Caravelli, Seconded by Councilmember Branstrom.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
12. Approve a Resolution Authorizing a Joint Application to and Participation in the Homekey Program.
CEQA: Not a Project.
Recommendation: That Council review and approve Resolution 2023-18 authorizing a joint application with Foothill House of Hospitality dba Hospitality House (HH) and the participation in the HomeKey Program.
Tim Kiser, City Manger, gave introduction to the Council.
Nancy Baglietto, Director of Hospitality House and Mike Dent, Nevada County Director of Housing & Support Services gave presentation to the Council.
Council asked about who would be benefiting from this project, revenue, liability for the City as the applicant, success rate of this kind of housing, commented on housing first and that Hospitality House is a good partner.
Alex Gammelgard, Chief of Police, and Mark Buttron, Fire Chief, gave brief presentations on potential impacts to their departments.
Motion made to approve Resolution 2023-18 authorizing a joint application with Foothill House of Hospitality dba Hospitality House (HH) and the participation in the HomeKey Program by Councilmember Branstrom, Seconded by Councilmember Ivy.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
13. Update Municipal Code Section 8.16 Fire Control Regulations CEQA: Not a project
Recommendation: That Council: 1) review the proposed ordinance to repeal Municipal Code Chapter – 8.16 Fire Control Regulations and replace with new Municipal Code Chapter 8.16 Fire Control Regulations. Waive full reading and adopt Urgency Ordinance No. 823; 2) waive full reading and introduce Ordinance No. 824.
Mark Buttron, Fire Chief, gave presentation to the Council.
Council asked about specifics on State codes, public outreach, and asked for clarification on if it is a complaint driven system.
Motion made to review the proposed ordinance to repeal Municipal Code Chapter –
8.16 Fire Control Regulations and replace with new Municipal Code Chapter 8.16 Fire Control Regulations. Waive full reading and adopt Urgency Ordinance No. 823 by Councilmember Caravelli, Seconded by Councilmember Branstrom.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
Item # 2.
City of Grass Valley, CA MINUTES April 25, 2023
Motion made to waive full reading and introduce Ordinance No. 824 by Councilmember Caravelli, Seconded by Councilmember Branstrom.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Mayor Arbuckle
BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Caravelli attended the ERC meeting and mentioned the upcoming Tour of Nevada City. Councilmember Ivy attended the first Pioneer CCA board meeting.
Councilmember Branstrom attended SNMH's Annual Award Ceremony and the LAFCO meeting in Rough and Ready. Mayor Arbuckle sat on the Homelessness Issue Panel in Sacramento, attended league of California cities board meeting, and met with Post Master regarding mail delivery on Mill St.
ADJOURN
Meeting adjourned at 9:11PM.
_______________________________ _______________________________ Jan Arbuckle, Mayor Taylor Day, City Clerk
Adopted on: ____________________
Item # 2.
4/26/23, 7:27 AM Mail - Public Comments - Outlook
https://outlook.office.com/mail/inbox/id/AAQkADcyZTg0ZDYyLWIzN2EtNDRjNC04NWRhLTA5OTAyNjk4MTA4MgAQAEmzamhrN2NNpd7i2y6WvyQ%3D 1/1 Public Comment: 2/25/23
Cameron Brady >
Tue 4/25/2023 6:49 PM
To: Public Comments <[email protected]>
[You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Good Evening Mayor Arbuckle and council members:
My name is Cameron Brady, my business address is 110 Bank Street.
I’d like to congratulate the City on the proposition 64 grant. I’ve reviewed the report and believe the City has outlined excellent uses for these funds.
A job well done by all involved.
Thank you,
Cameron
Item # 2.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Drought Conditions) CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 5/9/2023 Date Prepared: 5/4/2023
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 # 3.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 5/9/2023 Date Prepared: 5/4/2023
Agenda: Consent
Background Information: Due to conditions of extreme peril to the safety of persons and property have arisen within the City of Grass Valley, caused by the winter storm February 24th, 2023 to March 1st, 2023 which has cut power, downed trees, blocked roads and created other hazards to health and human safety commencing at which time the City Council of the City of Grass Valley was not in session. The city found it necessary to proclaim the existence of a local emergency throughout the city.
On March 2nd, Tim Kiser, the Emergency Services Director, proclaimed an existence of a local emergency. On March 8th, 2023, at a special City Council Meeting council adopted Resolution 2023-07 confirming the Emergency Services Director’s proclamation of a local emergency.
Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Public Safety. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.
Fiscal Impact: The City will be requesting reimbursement for repair costs from the California Office of Emergency Services. If approved, costs would be reimbursable around 75% and sufficient General Funds exist to cover any shortfall.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 4.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Grass Valley Professional Services Agreement for Consultant Services for Nevada Cemetery District (NCD)
CEQA: Not a Project
Recommendation: That City Council authorize the City Manager to sign a contract with Nevada Cemetery District to provide financial services.
Prepared by: Catrina Olson, Deputy Administrative Services Director Council Meeting Date: 05/09/23
Date Prepared: 04/19/23
Agenda: Consent
Background Information: Nevada Cemetery District is a California Municipal Corporation in Nevada City that provides a variety of affordable interment services. NCD has determined that it requires professional accounting services. Grass Valley staff were approached by NCD with the idea that Grass Valley Finance and Administrative Staff provide these necessary services.
February 1, 2023, the City provided a proposal to begin providing the District these services on February 27, 2023. The City will provide a variety of professional accounting services for time and materials at the rate of $95.95 per hour for the Deputy Administrative Director, $60.44 per hour for the Senior Accountant and $44.04 for the Accounting Specialist. The term of the agreement initially begins at two years with the option to extend services for two additional one-year terms based on need and performance. Professional fees not to exceed $18,000 annually. More specific details are outlined in exhibit A, Scope of Services.
The finance staff has commenced providing the District with professional accounting services which has thus far been extremely successful and helpful to the District.
Council Goals/Objectives: Executing a contract to provide financial consulting professional services with Nevada Cemetery District executes portions of work tasks towards achieving and maintaining Strategic Plan Goal – High Performance Government and Quality Service and Community Leadership in communicating and collaborating with other agencies.
Fiscal Impact: None.
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
1. Grass Valley Professional Services Agreement to Provide Consultant Services for the Nevada Cemetery District
Item # 5.
Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 02/13/2023
292553.v4
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(Nevada Cemetery District / City of Grass Valley)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the Nevada Cemetery District, a California Independent Special District under Section 9007 of the Health and Safety Code (District), and City of Grass Valley, a California municipal corporation (“Consultant”).
2. RECITALS
2.1. District has determined that it requires the following professional services from a consultant for: accounting and services enumerated herein or attached herewith.
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.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, District and Consultant agree as follows:
3. DEFINITIONS
3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s February 1, 2023, proposal to District attached hereto as Exhibit A and incorporated herein by this reference.
3.2. “Agreement Administrator”: The Agreement Administrator for this project is the District General Manager, under the auspices of its Board of Trustees. The Agreement Administrator shall be the principal point of contact at the District 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. District reserves the right to change this designation upon written notice to Consultant.
3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit A 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.
Item # 5.
Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 02/13/2023
292553.v4
3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by District under this Agreement. The not to exceed contract amount annually is eighteen thousand dollars ($18,000.00) annually.
3.5. “Commencement Date”: February 27, 2023, irrespective of the date(s) executed.
3.6. “Termination Date”: January 31, 2025, with the option of two, one-year extensions.
Contract to automatically renew at the end of the first service period. The contract will continue to automatically renew if the extension options are not terminated, in written form, prior to, or on the termination date.
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 15 (“Termination”) below. Notwithstanding, Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by District 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.
District 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 District. In performing services under this Agreement, Consultant shall coordinate all contact with District through its Agreement Administrator.
Comment; Hereafter I note there is a constant interchange of Agreement Administrator and District. I think once the all contact with District is established in this 5.2. through its Agreement Administrator, items approved should refer to the District, or such other items as necessary, should refer to the District for ease of understanding?
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. Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to District. Consultant
Item # 5.
Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 02/13/2023
292553.v4
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.).
5.5. 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, District may consent in writing to Consultant’s performance of such work.
5.6. 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. Catrina Olson 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 District’s prior written consent.
5.7. Substitution of Personnel. Naming any persons in the proposal or Scope of Services constitutes a promise to the District 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 District. If District and Consultant cannot agree as to the substitution of key personnel, District may terminate this Agreement for cause.
5.8. 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.
5.9. 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.
5.10. Records. Consultant shall maintain 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 District 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 business hours, upon oral or written request of District. In addition, pursuant to Government
Item # 5.
Professional Services Agreement – Consultant Services (No Federal Funding) Approved for use 02/13/2023
292553.v4
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 District or as part of any audit of District, 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 District 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 A. Any changes must be approved by the Agreement Administrator in writing.
6.4. Compensation for Subcontractors. District shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved markup as set forth in the Approved Fee Schedule, Exhibit A. Consultant shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. District shall not be liable for any payment, compensation, or federal and state taxes to or for any subcontractors.
Notwithstanding, any subcontractors not set forth in the Approved Fee Schedule, the Consultant shall first obtain the written approval of the Agreement Administrator for such work to be performed.
7. COMPENSATION
7.1. General. District 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 District 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
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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.
7.3. Taxes. District 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.
7.4.1. Construction Clause. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorney(s), and this Agreement reflects their mutual agreement regarding the same. As a result of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore, no presumption for or against validity, or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.
Mediation-Arbitration Clause. The Parties hereto agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration. Mediation fees shall be divided equally among the parties involved. If any party commences an action based on a dispute or claim to which this paragraph applies, without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney fees, even if fees would otherwise be available to the party in any such action.
Arbitration of Disputes. THE PARTIES AGREE THAT ANY DISPUTE OR
CLAIM IN LAW OR EQUITY ARISING BETWEEN THEM OUT OF THIS
AGREEMENT, OR ANY RESULTING TRANSACTION, WHICH IS NOT
SETTLED BY MEDIATION, SHALL BE DECIDED BY NEUTRAL, BINDING ARBITRATION. THE ARBITRATION SHALL BE UNDER THE RULES OF THE JUDICIAL ARBITRATION AND MEDIATION SERVICES (JAMS). THE
ARBITRATOR SHALL BE AN IMPARTIAL RETIRED JUDGE OR JUSTICE, WITH AT LEAST 15 YEARS OF FULL TIME LAW EXPERIENCE, UNLESS
THE PARTIES MUTUALLY AGREE TO A DIFFERENT ARBITRATOR, WHO
SHALL RENDER AN AWARD WITH DETAILED REASONED FINDINGS
AND CONCLUSIONS IN ACCORDANCE WITH THE SUBSTANTIVE
CALIFORNIA LAW. IN ALL OTHER RESPECTS, THE ARBITRATION
SHALL BE CONDUCTED IN ACCORDANCE WITH PART III, TITLE 9 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. JUDGMENT UPON THE
AWARD OF THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT
HAVING JURISDICTION. THE PARTIES SHALL HAVE THE RIGHT TO
DISCOVERY IN ACCORDANCE WITH CODE OF CIVIL PROCEDURE
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§1283.05. EXCEPT THAT EACH PARTY SHALL BE ENTITLED AS A
MATTER OF RIGHT TO TAKE ONE DEPOSITION OF THE OTHER PARTY WITHOUT THE REQUIREMENT OR CONSENT OF THE ARBITRATOR. IN
ANY CONTROVERSY OR DISPUTE REQUIRING LEGAL
LITIGATION/ATTORNEYS, THE PREVAILING PARTY SHALL BE
ENTITLED TO REASONABLE ATTORNEY FEES AND COSTS.
CONSULTANT INITIALS: DISTRICT INITIALS:
CONSULTAIN INTIALS: DISTRICT INITIALS:
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 District 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. District Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until District 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 12, District shall have the right to withhold payments under this Agreement to offset that amount.
8. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computeraided 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 District without restriction or limitation upon its use or dissemination by District 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.
9. RELATIONSHIP OF PARTIES
9.1. General. Consultant shall be a wholly independent contractor to the District under this Agreement.
9.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of District or to otherwise act on behalf of District as an agent.
Neither District 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
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shall not represent in any manner that it is, or that any of its agents or employees are, employees of District.
9.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the District as an employer. Consultant shall not be entitled to any benefits. District 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.
9.4. 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 District, Consultant shall indemnify, defend, and hold harmless District 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 District.
10. INDEMNIFICATION
10.1. Definitions. For purposes of this Section, “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. “District” shall include District, its officers, agents, employees and volunteers.
10.2. Consultant to Indemnify District. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend District from and against 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.
10.3. 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 District for such loss or damage as is caused by the sole active negligence or willful misconduct of the District.
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10.4. Attorney Fees. Such costs and expenses shall include reasonable attorney’ fees for counsel of District’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.
10.5. Defense Deposit. The District may request a deposit for defense costs from Consultant with respect to a claim. If the District requests a defense deposit, Consultant shall provide it within 15 days of the request.
10.6. Waiver of Statutory Immunity. The obligations of Consultant under this Section 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 District.
10.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.
10.8. Insurance Not a Substitute. District does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11. INSURANCE
11.1. Insurance Required. Consultant shall maintain insurance as described in this Section and shall require its subcontractors, consultants, and other agents to do the same.
Approval of the insurance by the District 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.
11.2. Documentation of Insurance. District 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 District:
Certificate of Insurance, indicating companies acceptable to District, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Nevada Cemetery Accounting Consulting Services
Documentation of Best’s rating acceptable to the District. Original endorsements effecting coverage for all policies required by this Agreement.
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Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
11.3. 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.
11.4. 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.
11.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ 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
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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.
11.6. Automobile Liability Insurance. Covered vehicles shall include owned, if any, nonowned, and hired automobiles and trucks.
11.7. 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: __________________
11.8. 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.
11.9. Additional Insured Endorsements. The District, its 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 District, 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 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.
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11.10. 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, District 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.
11.11. Notices. Consultant 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: Nevada Cemetery District, Attn: General Manager, 10523 Willow Valley Road, Nevada City, CA 95959.
11.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to District. Any insurance or self-insurance maintained by District and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
11.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the District. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
11.14. Report of Claims to District. Consultant shall report to the District, in addition to the Consultant’s insurer, all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.
11.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the District. The District may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, District must approve all such amounts before execution of this Agreement.
District 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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11.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify District under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement or its early termination.
12. MUTUAL COOPERATION
12.1. District Cooperation in Performance. District 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.
12.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against District relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that District may require in the defense of that claim or action.
13. 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 District’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 District:
General Manager
Nevada Cemetery District
PO Box 2400
10523 Willow Valley Rd
Nevada City, CA 95959-2400
Telephone: (530) 265-3461
Email:
If to Consultant:
Catrina Olson
125 E Main St
Grass Valley, CA 95945
Telephone: 530-274-4302
Facsimile: 530-274-4399
Email:
With courtesy copy to:
Michael G. Colantuono, Esq.
See comments 17.3 below;
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Telephone: (530) 432-7357
Facsimile: (530) 432-7356
Email:
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14. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 6.11 (Records), Section 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnification), Section 13.8 (ClaimsMade Policies), Section 14.2 (Consultant Cooperation in Defense of Claims), and Section 19.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement.
15. TERMINATION
15.1. District Termination. District 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 District data, documents, objects, materials or other tangible things shall be returned to District upon the termination or expiration of this Agreement.
15.2. Consultant or District Termination. Notwithstanding Section 15.1., Consultant or District may terminate this Agreement for a material breach of this Agreement upon 30 90 days’ notice to allow District time to procure replacement services.
15.3. 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 District shall have the benefit of such work as may have been completed up to the time of such termination.
15.4. Remedies. District retains all available legal and equitable remedies for Consultant’s breach of this Agreement.
16. INTERPRETATION OF AGREEMENT
16.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
16.2. 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 District 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 District and Consultant.
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16.3. 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.
16.4. 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).
16.5. 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.
16.6. 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.
17. GENERAL PROVISIONS
17.1. 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. District shall grant such consent if disclosure is legally required.
Consultant shall return all District data to District upon the termination or expiration of this Agreement.
17.2. 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 District’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, District shall have the right to rescind this Agreement without liability. No District board member, officer, or employee of District, during the term of his or her service to District, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising from it.
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17.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without District’s prior written consent, and any attempt to do so shall be void and of no effect. District shall not be obligated or liable under this Agreement to any party other than Consultant.
17.4. Binding on Successors. This Agreement shall be binding on the successors and permitted assigns of the parties.
17.5. 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.
17.6. Time of the Essence. Time is of the essence for every provision of this Agreement.
17.7. 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.
17.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by District or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by District 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.
17.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in District’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
17.10. 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
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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 such other rights, powers or remedies.
17.11. 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.
We need to address Michael G. Colantuono as currently both parties General Counsel:
How about both parties give consent to preparation of the agreement by Colantuono, and both appoint Colantuono as Arbitrator, under an Arbitration Clause? Then the above sub-section (17.11.) needs to address each parties right and expense to hire independent attorneys for any Arbitration or review of this Agreement?
17.12. Venue. The venue for any litigation shall be Nevada County, California, and Consultant and District hereby consents to jurisdiction there for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
17.13. 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. [Signature Page Follows]
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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. “District”
Nevada Cemetery District
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
City of Grass Valley
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
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EXHIBIT A
SCOPE OF SERVICES
SCOPE OF WORK:
Nevada Cemetery District (NCD) is seeking support with the District’s accounting functions. The City of Grass Valley (GV) has agreed to provide NCD with the necessary accounting services for the cost of time and materials at the rates listed below. The service period to begin February 1, 2023, through January 31, 2025. Two additional one-year service extensions based on performance. It is estimated the services to be provided will require on average 15-25 hours per month. Work performed will be logged and provided with a monthly invoice to NCD.
SERVICES TO BE PROVIDED BY:
1) GV Deputy Administrative Services Director @ $95.95/hour 2) GV Senior Accountant @ $60.44
3) GV Accounting Technician @ $44.04
REQUIRE SERVICES – typical services include but are not limited to:
1) Perform Accounting Services
a) Processing payroll monthly including tax and benefits payments and reporting. CalPERS retirement payment and reporting.
b) Invoicing and recording of deposits.
c) Processing accounts payable.
d) Reconciling all cash accounts.
e) Provide monthly financial statements and monthly financial reports to the District Manager. f) Update the financial system as needed to improve performance and to accommodate changing requirements.
g) Quarterly payroll tax reporting and sales tax reporting. h) Other duties as necessary.
2) Prepare for and participate in NCD’s Annual Audit
a) Assemble and prepare documents required the auditor. b) Verify and, if necessary, reconcile revenues and expenses. c) Reconcile year end expenses and bank statements.
d) Reconcile payroll taxes with reporting.
e) Update fixed asset inventory.
f) Provide support for updating depreciation schedule.
g) Prepare list of year-end accounts payable accrued expenses and deferred revenues. h) Participate in audit field work and response to questions and requests from the auditor. i) Complete other duties as necessary.
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3) Other Services
a) Perform conversion of Quickbooks from the desktop version to the cloud version. b) Provide input into documentation of administrative procedures as they relate to financial system management.
c) Work with Nevada County in providing all of the financial information into the FinPlus system timely.
The City of Grass Valley will agree to provide payment processing services for payroll and accounts payable for the flat rate of $800 per month, upon NCD’s request. If requested the cost to set the payment processing services will be charged at the time and materials rate.
Item # 5.
Item # 5.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Approve Resolution 2023-19 opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act
CEQA: Not a Project.
Recommendation: That Council review and adopt Resolution 2023-19 opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act.
Prepared by: Tim Kiser, City Manager
Council Meeting Date: May 9, 2023 Date Prepared: May 3, 2023 Agenda: Consent
Background Information: The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violations of state and local laws.
The measure puts billions of local government tax and fee revenues at risk statewide and will result in core public service impacts, including significant negative impacts on the City’s operations and service delivery.
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot. This initiative is strongly opposed by The League of California Cities, a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses.
Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter-approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.
Local governments levy a variety of fees and other charges to provide core public services. Some examples of affected fees and charges are:
Nuisance abatement charges, such as for weeds, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
Commercial franchise fees.
Emergency response fees, such as in connection with DUI’s. Document processing and duplication fees.
Transit fees, tolls, parking fees, and other use fees.
Item # 6.
Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.
Every city, county, and special district must routinely adopt increases in fees and revise fee rate schedules to accommodate new users and activities, changes which would now be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including counciladopted increases to accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year, including increases adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee revenues will be at heightened legal peril.
Reductions in local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, public schools, affordable housing, homelessness prevention, and mental health services.
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:
1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].
2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].
3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].
The new initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put the City’s authority to impose fines for violations of the law at risk.
The proposed constitutional initiative is sponsored by the California Business Roundtable.
The following are some of the major provisions of the proposed initiative:
Fees and Charges1:
Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be
1 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
Item # 6.
“reasonable.” These fees and charges are currently allowed to be marketbased. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”2 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. Prohibits fees on new development based on vehicle miles traveled.
Taxes3:
Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted4.
Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council. Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.5 Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service)
New taxes can only be imposed for a specific time period. City charters may not be amended to include a tax or fee. All state taxes require majority voter approval.
Fines and Penalties6:
May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #5 – High Performance Government and Quality Service.
Fiscal Impact: The Taxpayer Protection and Government Accountability Act will take billions of dollars of revenue away from local government services statewide.
Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager Attachments: Resolution 2023-19
2 Initiative No. 21-0042A1 (pg.5; (3))
3 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
4 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 5 Initiative No. 21-0042A1 (pg.6 (3))
6 Initiative No. 21-0042A1 (pg. 5 (4)) Page 37
Item # 6.
RESOLUTION NO. 2023-19
A RESOLUTION OF THE GOVERNING BODY OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and THEREFORE, BE IT RESOLVED that the City of Grass Valley opposes Initiative 21-0042A1; BE IT FURTHER RESOLVED, that the City of Grass Valley will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
PASSED AND ADOPTED at the regular meeting of the City Council of the City of Grass Valley held on the 9
th day of May, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Jan Arbuckle, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ _____________________________ Taylor Day, City Clerk Michael G. Colantuono, City Attorney
Item # 6.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Appointment of Historical Commissioner Terrance McAteer & Dyane Albrecht to the Historical Commission for a four-year term
CEQA: Not a Project
Recommendation: That the City Council appoint Historical Commissioners McAteer & Albrecht to a term ending July 1, 2026
Prepared by: Taylor Day, City Clerk
Council Meeting Date: 05/09/2023 Date Prepared: 05/04/2023 Agenda: Consent
Background Information: The Historical Commission By-Laws requires the Commission to consist of five regular voting members and one alternate member selected and appointed by a majority vote of the City Council. The term of office of each Commission member shall be four (4) years.
The Mayor Arbuckle assigned Councilmembers Caravelli and Branstrom to serve on the interview panel for the Historical Commission. Interviews were conducted and Councilmembers Caravelli and Branstrom recommend that Mr. McAteer & Mrs. Albrecht be appointed to the Historical Commission.
Notice of vacancy for the Historical Commission has been on-going and presently consists of five members with the addition of Mr. McAteer & Mrs. Albrecht.
Council Goals/Objectives: The Historic Commission fulfills the Community & Sense of Place goals and objectives of the City’s Strategic Plan Fiscal Impact: No fiscal impact will occur
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: None
Item # 7.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Approval of City Planner Job Description, Salary Schedule, and Executive Service Contract with Appendix A
CEQA: Not a Project
Recommendation: That City Council approve new job description and salary range for the City Planner; and 2) approve the Contract Employees Agreement with Appendix A.
Prepared by: Tim Kiser, City Manager/Catrina Olson, Deputy Administrative Services Director
Council Meeting Date: 05/09/23
Date Prepared: 05/04/23
Agenda: Consent
Background Information: The recent retirement of the Community Development Director (CDD) has left a vacancy in the Community Development Department. A recruitment process was initiated prior to the retirement of the CDD. Several applicants applied and were interviewed. After careful consideration of the applicants’ staff decided to consider an alternative direction to filling the vacancy.
Staff discussed, based on applications received, that a City Planner position would fulfill the needs of the City to provide the necessary services to the public and community, while creating the internal opportunity for potential growth and advancement of the position into a Community Development Director (which will be left vacant being while being backfilled with the City Planner position). Staff performed an analysis of comparable jurisdictions and are proposing a salary range of $105,500.00 with a maximum of $134,650.00.
Under the administrative direction of the City Manager, this position plans, directs, manages, and evaluates the activities, operations, and staff of the Community Development Department; provides expert professional assistance and support to the City Manager, City Council, Planning Commission and Department Heads. The City Planner coordinates activities with other City officials, departments, outside agencies, contractors, organizations, and the public; establishes department goals, objectives, policies and procedures; performs other related duties as required. Staff went through the interview process and found an ideal candidate for this position, Employee Contract and Appendix A are attached.
Council Goals/Objectives: Approving the City Planner job description, salary range and Employee Contract executes portions of work tasks towards achieving/maintaining Strategic Plan objectives of High-Performance Government and Quality Service.
Item # 8.
Fiscal Impact: This position will generate a salary savings of approximately $66,405.00 for the first year.
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
1. City Planner Job Description
2. City Planner Contract Agreement with Appendix A and salary range
Item # 8.
1 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
Department: Community Development FLSA Status: Exempt
Reports To: City Manager Unit: Contract (At Will)
SUMMARY OF JOB PURPOSE Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
This is a full-time, salaried, executive level position in the Community Development Department. The City Planner is the manager of the Community Development Department, serving at the pleasure of the City Manager on a contract basis (at will), and receives administrative direction from the City Manager.
Under the administrative direction of the City Manager, this position plans, directs, manages and evaluates the activities, operations, and staff of the Community Development Department; provides expert professional assistance and support to the City Manager, City Council, Planning Commission and Department Heads. The City Planner coordinates activities with other City officials, departments, outside agencies, contractors, organizations and the public; establishes department goals, objectives, policies and procedures; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS
The City Planner is a single incumbent management level class with responsibility for developing and implementing planning policies and programs and for the management of the City’s planning and planning related activities. The incumbent implements all aspects of the City General Plan and Zoning Ordinance and enforces and implements the Subdivision Map Act and the California Environmental Quality Act. Additionally, the incumbent is responsible for accomplishing the City’s planning goals and objectives and for ensuring that these goals and objectives are provided to the community in an effective, cost-efficient manner.
SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct and indirect supervision over management, professional, technical and office support personnel.
Item # 8.
2 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
ESSENTIAL FUNCTIONS The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Coordinates the organization, staffing, and operational activities for the City’s planning operations including the Community Development Department’s current and advanced planning functions.
2. Participates in the development and implementation of goals, objectives, policies, and priorities; recommends and implements resulting policies and procedures.
3. Identifies opportunities for improving service delivery methods and procedures; identifies resource needs; reviews with appropriate management staff; implements improvements.
4. Directs, coordinates, and reviews the work plan for assigned services and activities; assigns work tasks, activities, and projects to staff; monitors workflow and work activities; reviews and evaluates work products, methods, and procedures; meets with staff to identify and resolve problems.
5. Maintains a physical presence in the office in order to supervise staff, perform administrative duties and meet with developers and the public.
6. Selects, trains, motivates, and evaluates assigned staff; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.
7. Participates in the development and administration of assigned program budget; forecasts funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures; recommends adjustments as necessary.
8. Analyzes planning and planning-related development projects; determines project priorities and scheduling; estimates and establishes guidelines for personnel, resources, and time required for planning project completion; monitors standards and schedules to ensure project completion concise written technical reports and correspondence including staff reports.
9. Ensures that development proposals conform to the City General Plan and other applicable plans and regulations.
Item # 8.
3 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
10. Maintains and updates General Plan elements on a regular basis.
11. Oversees and participates in interpreting planning and planning-related ordinances and advises citizens.
12. Provides public relations concerning community issues; responds to and resolves citizen inquiries and complaints.
13. Oversees and participates in reviewing and making recommendations on zoning and permits; prepares and assists in the preparation of new or revised ordinances.
14. Ensures the proper administration and enforcement of the City’s zoning and related codes.
15. Completes special projects as assigned; prepares statistical analysis and reports and presents these analysis reports to the City Manager and Planning Commission.
16. Provides professional assistance on a variety of City matters to Planning Commission.
17. Assists property owners, developers, builders, attorneys, and special interest groups to process applications and meet planning requirements as necessary.
18. Reviews, processes, and approves, where authorized, planning applications, agreements, development plans and enforcement actions; negotiates, arbitrates, and resolves program, project and policy issues and conflicts internally and with community stakeholders and businesses.
19. Processes applications for a variety of planning projects including zoning, subdivisions, conditional use permits, variances, maps and other planning for review, input, recommendation and/or action by the planning commission.
20. Engages with the public to ensure effective communication to/from community stakeholders; develops and maintains cooperative professional relationships.
21.Administer code enforcement and prepares and administers grants.
22. Coordinates assigned activities with those of other departments and outside agencies and organizations.
Item # 8.
4 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
23. Prepare and present verbal and written reports to the City Council and Planning Commission.
24. Attends and participates in professional group meetings; maintains awareness of new trends and developments in the field of planning.
25. Reviews legislation and assures compliance with appropriate laws, rules, regulations, and policies related to land use planning matters, including environmental laws.
26. Develops policies, procedures and ordinances to ensure compliance with applicable laws and regulations. (e.g. California Environmental Quality Act (CEQA), Subdivision Ordinance)
27. Interprets laws, regulations, policy, and procedures relating to land use and environmental planning.
28. Prepares RFPs (Request for Proposal) and RFQs (Request for Qualification) for services.
29. Identifies grant and other funding opportunities; prepares grant applications and administers grant program.
30. Performs related duties as required.
KNOWLEDGE, SKILLS AND ABILITIES: The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
1. Functions and responsibilities of a public planning agency.
2. Administrative principles and methods, including goal setting, program and budget development and implementation, personnel management, and supervision.
3. Principles, practices, trends, theory, and programs relating to community and urban development, land use planning and environmental analysis and protection, zoning regulation, building safety and code enforcement.
Item # 8.
5 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
4. Federal, state, and local laws, rules and regulations relating to planning, zoning, housing, subdivision and environmental review and assessment.
5. Federal and state historic preservation.
6. Case law (federal and state) related to the regulations of land use.
7. Housing and economic development programs.
8. Familiarity with code compliance programs.
9. Techniques used in the development, amendment and update of general plans and other planning documents including zoning ordinances, design guidelines, specific plans, and historic preservation documents.
10.Principles and practices of contract administration and evaluation.
11.Function, organization, and operation of California local government.
12.Ralph M. Brown Act.
13.English usage, grammar, and public speaking skills.
14.Operation of all standard office equipment with emphasis on computer work processing and virtual meeting arrangements.
15.Records management procedures
16.Format and content for notices, ordinances, resolutions, and other documents
17.Principles, practices, and skills to provide excellent customer service.
Ability to:
1. Coordinate and direct current and advanced planning activities and operations.
2. Supervise, direct, and coordinate the work department staff.
Item # 8.
6 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
3. Select, supervise, train, and evaluate staff.
4. Recommend and implement goals, objectives, policies and procedures for providing wastewater treatment activities and operations.
5. Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
6. Policies and procedures as well as applicable federal, state, and local policies, laws, and regulations.
7. Participate in the preparation and administration of assigned budgets.
8. Plan and organize work to meet changing priorities and deadlines.
9. Effectively represent the City to outside individuals and agencies to accomplish the goals and objectives of the Department.
10.Work cooperatively with other departments, City officials, and outside agencies.
11.Respond tactfully, clearly, concisely, and appropriately to inquiries from the public, City staff, or other agencies on sensitive issues in area of responsibility.
12.Identify, coordinate, and resolve a wide variety of interests in the development of the land use policy.
13.Ensure program compliance with federal, state, and local rules, laws, and regulations.
14.Interpret, analyze, apply, implement, and explain pertinent federal, state, and local laws, codes, and regulations including City codes and departmental policies and administrative directives.
15.Effectively present information and respond to questions from groups of managers, council members, committee and commission members, and the general public.
16.Read, analyze, and interpret information from professional journals, technical procedures, or governmental regulations.
17.Read, understand, and evaluate plans, maps, and blueprints.
Item # 8.
7 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
18.Interpret and explain City policies and procedures.
19.Prepare clear and concise reports.
20.Operate modern office equipment and computers including specialized computer applications.
21.Communicate clearly and concisely, both orally and in writing.
22.Establish and maintain effective working relationships with those contacted in the course of work.
Minimum Qualifications:
Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:
1. Equivalent to a bachelor’s degree from an accredited college or university with major course work in public or business administration, urban or urban planning or a closely related field.
2. Five years of supervisory or administrative experience in city, urban or regional planning and/or related community development activities with broad and extensive experience directly involving municipal services such as current and advance planning, architectural and design review, building inspection, code compliance, economic development and business retention
3. AICP (American Institute of Certified Planners) Membership/Certification preferred.
GENERAL QUALIFICATIONS
License Requirements
A valid California Class C driver license or higher is required at the time of appointment.
Individuals who do not meet this requirement due to a disability will be reviewed on a caseby- case basis. .
Item # 8.
8 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
Physical Requirements
Incumbents appointed to this class must have the mobility to work in a standard office or field environment, use standard office equipment and attend off-site meetings; intermittently operate a motor vehicle on surface streets with occasional exposure to weather conditions, and construction and traffic hazards; mobility to traverse uneven terrain, periodically standing, stooping, bending, climbing and kneeling to perform fieldwork; intermittently sit at desk for long periods of time; lift light to moderately heavy weights; vision to read handwritten and printed materials and a computer screen; hearing and speech to communicate in person and by telephone; manual dexterity to operate small equipment, tools and standard office equipment and supplies, and to manipulate both single sheets of paper and large document holders (binders, manuals, etc.).
Working Conditions
Employees work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances, and in the field and are occasionally exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, substantial heights, vibration, confined workspaces, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes.
Employees may interact with upset staff and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures. The incumbent may be occasionally required to work on evenings, weekends and holidays, and participate in after-hours on-call assignments.
GENERAL
The City reserves the right to revise or change classification duties and responsibilities as the need arises. This description does not constitute a written or implied contract of employment.
I have read and understand the contents of this job description, and I have received a copy of this job description for my records.
Print Name:
Signature: Date:
Adopted:
Item # 8.
9 City of Grass Valley
JOB DESCRIPTION
CITY PLANNER
Revised:
Item # 8.
Page | 1
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRASS VALLEY
AND AMY WOLFSON
CITY PLANNER
1. Effective Date
This Agreement shall become effective when it has been executed by “Director”, hereinafter referred to as “City Planner” or Employee, and the City Manager, as duly approved by Resolution of the City Council, has executed it.
2. Term of Employment
City Planner shall serve at the pleasure of the City Manager and on an “at will” basis during the term of this Agreement, subject to the terms and provision of this Agreement as set forth below.
3. Duties; Hours of Work
A. City Planner shall perform those functions and duties as specified in job classification and by direction of the City Manager. City Planner shall perform such duties in accordance with the highest professional and ethical standards of the City Planner position. City Planner shall not engage in any activity that is, or which may become, incompatible with the City of Grass Valley, as provided by federal, state, and local law. During the term of this Agreement, City Planner shall be exclusively employed by the City, unless prior written authorization otherwise is received from the City Manager.
B. City Planner shall maintain a regular work schedule consistent with that approved for other Directors of the City. City Planner’s duties may involve expenditures in time in excess of eight (8) hours per day and/or forty (40) hours per week and may also include time outside normal office hours such as attendance at City Council and Commission meetings. City Planner shall not be entitled to additional compensation for this time.
4. Compensation
A. City Planner shall receive an annual base salary of $110,000.00, payable in equal biweekly payments to be made at the same time as other employees are paid.
B. City Planner’s compensation shall be reviewed with the City Manager at least annually in connection with the annual review or at any other times as may be determined by the City Manager. Compensation may be increased as determined by the City Manager within the salary range (Compensation and Benefits - Appendix A) for the City Planner.
C. Salary may be reduced in the event City Planner receives an unsatisfactory evaluation, either at the annual evaluation or at any additional evaluation completed by the City Manager. Compensation may be reduced as determined by the City Manager within the salary range (Compensation and Benefits - Appendix A) for the City Planner.
D. As consideration for the annual opportunity to be considered for increased compensation pursuant to sub-paragraph B above, Employee specifically waives any right to a 4/5 vote of the City Council prior to removal from his or her position, as may be provided
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under City Charter Article IX, Section 2. Employee acknowledges that the City Manager is the appointing authority and may also remove Employee from this position without action of the City Council.
5. Health Insurance
The City shall pay the full premium for health insurance for the City Planner, including their dependents, for health coverage (medical, dental, and vision) benefit options as provided to other employees.
Employees waiving medical insurance coverage shall receive two hundred fifty dollars ($250) per month less the costs of any elected dental or vision insurance per month.
Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due Employees for waiving medical insurance coverage shall be paid in a lump sum once per month and shall be considered taxable compensation; however, such compensation is not PERSable.
6. Annual Leave
City Planner shall receive vacation benefits equal to those of Department Heads, as set forth in the “Compensation and Benefits - Appendix A”. City Planner may cash out up to four weeks of Annual Leave and/or vacation each Calendar Year upon City Manager’s prior approval and consistent with Internal Revenue Service rules governing constructive receipt.
Vacation and/or Annual Leave time cashed out pursuant to this provision shall be subtracted from the accumulated Vacation and/or Annual Leave balances when paid.
7. Retirement
Employees designated as local public safety (Police) “classic” employees by the City are currently provided retirement benefits under the Public Employee’s Retirement System’s Local Safety (Police) 3% at age 50 formula with a 9% employee contribution. Employees are also provided retirement benefits under Social Security. “Classic” public safety (Police) designated employees will pay a pre-tax contribution for retirement for the employee share under CalPERS retirement plan of 9%. The employee shall pay the full amount of the employee’s contribution rate to Social Security.
Employees designated as local public safety (Fire) “classic” employees by the City are provided retirement benefits under the Public Employees Retirement System’s (PERS) Local Public Safety (Fire) 3% at 55 formula. Employees are also provided retirement benefits under Social Security.
“Classic” public safety (Fire) designated employees will pay a pre-tax contribution for retirement for the employee share under CalPERS retirement plan of 9%. The employee shall pay the full amount of the employee’s contribution rate to Social Security.
New public safety employees hired after January 1, 2013 or “Non Classic” public safety (Fire or Police) designated employees, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between
Item # 8.
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the City and PERS. The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.
Miscellaneous employees who are considered “classic” members by PERS will be responsible for paying the full employee contribution to the California Employees Retirement System, which is currently 8%. Miscellaneous employees who are considered “new” members by PERS will be responsible for paying 50 percent of the “normal cost” pursuant to the Pension Reform Act of 2013. The employee shall pay the full amount of the employee’s contribution rate to Social Security.
8. Deferred Compensation
Subsequent to the first year of employment under this contract, City will deposit to City Planner’s deferred compensation account via bi-weekly payroll a performance bonus contribution of up to $4,000 annually.
The City’s contribution amount shall be based upon job performance and be dependent upon receipt of City Planner’s performance evaluation. The City’s contribution amount shall be determined in the sole discretion of the City Manager and may be less than $4,000.
In the event this agreement terminates or is not renewed, City Planner shall be entitled to retain the amount of deferred compensation accumulated as of the date of termination or nonrenewal.
After such time as City Planner resigns or is terminated, City shall transfer ownership of any deferred amount on deposit in a deferred compensation plan to succeeding employers upon City Planner’s written request.
9. Annual Performance Evaluation
The City Manager and/or their designee shall evaluate City Planner’s performance at least once annually. The City Manager and City Planner shall annually develop mutually agreeable performance goals and criteria which the City Manager shall use in reviewing City Planner’s performance in the following year. It shall be City Planner’s responsibility to initiate this review each year.
10. Indemnification
City shall defend, hold harmless and indemnify City Planner against any claim, demand, judgment, or action of any type or kind arising within the course and scope of City Planner’s employment to the extent required by Government Code Sections 825 and 995.
Notwithstanding anything to the contrary in this section, pursuant to Government Code Section 53243.1, if the City provides funds for the legal criminal defense of Employee, any funds provided for that purpose shall be fully reimbursed by Employee to the City if Employee is convicted of a crime involving an abuse of office or position. Employee recognizes that City shall have the right to compromise and settle all actions or proceedings in which City is providing Employee a defense, even if Employee objects to such compromise or settlement.
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11. Other Terms and Conditions of Employment
A. The City Council may from time to time fix other terms and conditions of employment relating to the performance of City Planner, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Grass Valley Charter or Municipal Code, or other applicable law.
B. The provisions of the City’s Civil Service Rules and Regulations (“Rules”) shall apply to City Planner to the extent they explicitly apply to the position of City Planner, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon City Planner a property right in his or her employment or a right to be discharged only upon cause. City Planner is not a member of the competitive/ classified service and is an “at will” employee serving at the pleasure of the City Manager and may be dismissed at any time with or without cause, subject only to the provisions of this Agreement. The provisions of Article IX, Section 2, requiring a 4/5 vote of the City Council to remove a Department Head do not apply to this Agreement and are specifically waived by Employee as provided in Section 4(D) of this Agreement. Notwithstanding any other provision of this Agreement, City Planner shall not violate any policy prohibiting discrimination, harassment, retaliation, workplace violence, or other similar misconduct as set forth in the Rules and in federal, state law, and local law.
C. City Planner shall be exempt from paid overtime compensation.
12. Termination
A. City Planner is not part of the competitive (classified) service and therefore is an “at will” employee. As an “at will” employee, City Planner may be terminated by the City Manager with or without cause, without right of appeal, and without advance notice or City Council action.
B. If City Planner is terminated by the City Manager without cause, City Planner after termination will be entitled to up to three months of severance pay at City Planner ’s base salary rate plus payment in a lump sum of the following: 1) 100% of any accrued, but unused Personal Leave and vacation leave, if any; and 2) 50% of the value of unused sick leave, if applicable, to the extent not used for PERS Service Credit, if any. City Planner shall be entitled to severance pay under this subsection only upon execution of a claim waiver and release of liability. Severance pay, if any, shall be paid monthly until Employee is gainfully employed or the 3-month limit has been reached, whichever is less. Employee shall provide notification of gainful employment to City immediately upon commencing such employment if such employment commences within three months of Employee’s termination from City.
Notwithstanding anything to the contrary in this subsection, pursuant to Government Code Section 53243.2, if the Agreement is terminated, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to City if Employee is convicted of a crime involving an abuse of his or her office or position.
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C. If City Planner is terminated by the City for cause, City Planner is not entitled to any severance pay whether or not advance notice of termination is provided; however, payment for accrued, unused Personal Leave, sick leave and/or vacation leave, if applicable, shall be paid as provided in sub-paragraph B above. If City Planner is terminated for cause, City Planner must be given notice of the cause and supporting evidence. City Planner is entitled to meet with the City Manager at which time City Planner may reply orally and/or in writing to the cause and supporting evidence. The meeting is not an evidentiary hearing. There is no right to appeal the City Manager’s decision. The City Manager’s decision is final, and nothing in this subsection shall be deemed to impose a “for cause” requirement to terminate Employee’s employment with City. The specification of causes for termination below is solely for the purpose of determining whether Employee is entitled to severance pay. For purposes of this Agreement, the term “for cause” shall include, but is not limited to, any of the following:
(a) use of alcohol or drugs that impedes performance of duties; (b) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(c) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted City policy;
(d) failure to maintain licenses and professional certifications required of the City Planner by the job description;
(e) willful and repeated failure to carry out the lawful directives or policy decisions of the City Council; or
(f) willful abandonment of the position or continued and unexcused absence from duty.
D. City Planner may voluntarily terminate his or her employment, by resignation or retirement or some other similar manner, upon at least one-month notice. In this circumstance, City Planner is not entitled to any severance pay.
E. In the event an Employee dies while employed by the City, his/her beneficiary or those entitled to his/her estate shall be paid for any earned salary and any in lieu payments for personal leave and any banked vacation or sick leave at the rates established in this Agreement to which the Employee is entitled as of the final day on City payroll. City may request appropriate documentation to ensure such persons are beneficiaries or otherwise entitled to participate in Employee’s estate.
13. Compliance With Law
This Agreement is subject to all applicable provisions of federal, state, and local laws, including the Grass Valley Municipal Code, except for the application of specific provisions of the City Charter which are waived as set forth herein.
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14. General Provisions
A. This Agreement constitutes the entire agreement between the parties. City and City Planner hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.
B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the reminder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.
C. Any notice to City pursuant to this Agreement shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed as follows:
Tim Kiser, City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
Any notice to City Planner shall be given in a like manner, and, if mailed, shall be addressed to City Planner at the address shown in City’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally, or (b) on the second (2nd) calendar day after mailing, if mailed.
D. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party in that action shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the prosecution or defense of the action.
E. A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver and either party shall be free to enforce any term or condition of this Agreement with or without notice to the other notwithstanding any prior waiver of that term or condition.
15. Amendments
This represents the entire agreement between the parties. Amendments to this agreement may be made at such times as approved by the City Manager and City Planner and shall be in writing.
Dated:
Tim Kiser, City Manager
Dated:
Amy Wolfson, City Planner
Approved as to form:
Dated:
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Michael G. Colantuono, City Attorney
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Appendix A - Compensation and Benefits
Life Insurance and Long-Term Disability, EAP, Retiree Health Plan, other Benefits, and Special Provisions
A. EMPLOYEE CONTRIBUTIONS
Employee contributions towards health benefits are on a pre-tax basis and subject to IRS rules.
B. LIFE INSURANCE
The City shall provide term Life insurance benefits for the Employee, without cost to the Employee, of 1.5 times their annual salary up to two hundred thousand dollars ($200,000) for the Employee, five thousand dollars ($5,000) for the Employee’s spouse and fifteen hundred dollars ($1,500) for eligible dependent children without cost to the employee.
C. LONG TERM DISABILITY INSURANCE
The City shall provide without cost to the Employee an income protection insurance program that shall insure an Employee’s income to a maximum of sixty-six and two thirds (66 2/3%) of monthly earnings with a ceiling of six thousand dollars ($6,000) in calculated base. Conditions of coverage shall be controlled by the master agreement with the insurance company.
D. EMPLOYEE ASSISTANCE PROGRAM
The City has an established Employee Assistance Program. This program provides confidential counseling help for employees and their families. The Employee Assistance program provides for up to 3 visits.
E. RETIREE HEALTH PLAN BENEFIT
Employees who become subject to this Plan on or before July 1, 2011, who retire from the City in good standing, who have at least five years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment of up to $500 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.
Employees who become subject to this Plan after July 1, 2011, who retire from the City in good standing, who have at least ten years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment
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Appendix A - Compensation and Benefits
of up to $250 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.
If the Employee so desires, his/her spouse may be added at the additional cost difference of the Employee plus one and the Employee pays the difference. If the Employee retiree selects a health plan that costs less than the City’s contribution, they will not be eligible to receive the cash difference. All premium contributions must be received one month in advance and it is the responsibility of the Employee retiree to ensure that the City receives payment.
Failure to pay the retiree’s contribution in a timely manner (i.e., within 30 days of due date) will result in the loss of the benefit.
Employees waiving health care coverage shall receive two hundred fifty dollars ($250) per month less the cost of any elected dental or vision insurance per month until eligible for Medicare or is hired and has healthcare coverage available from the new employment.
Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due Employees for waiving medical insurance coverage shall be paid in a lump sum per month.
Personal Leave
The purpose of Personal Leave is to provide Employees the ability to accrue time for vacation, sick leave and personal leave situations.
Employees shall accrue Personal Leave hours at a rate of no less than 256 hours and no more than 336 hours per year based on years of service as set forth below. One twenty-sixth (1/26) of such Personal Leave amount shall accrue each pay period.
No Employee may carry a balance of more than 520 hours of their Personal Leave. Employees who have accumulated 520 hours of Personal Leave will accrue no further Personal Leave until they have used Personal Leave in an amount sufficient to bring their accumulated Personal Leave balance below 520 hours. Employees may convert up to 160 hours of accrued Personal Leave to salary compensation once each year. Personal Leave conversion of a maximum of 160 hours to salary must be submitted by December 20th of each year. 100% of Personal Leave hours in excess of the maximum accrual amount may be converted to banked PERS service credit in accordance with CalPERS regulations.
Employees who become subject to this Plan after July 1, 2011, must convert all accumulated Vacation Leave, Sick Leave to “Personal Leave”. Those hours of Sick Leave or Vacation Leave combined in excess of 520 hours will be placed in a Sick Leave and Vacation Leave bank account to be utilized by the Employee, or paid out upon separation from service as set forth herein, or converted to banked PERS service credit in accordance with CalPERS regulations. Upon separation from service, the City shall pay employee a one-time lump sum calculated on Fifty (50%) Percent of the employee’s banked unused Sick Leave and one hundred (100%) percent of the employee’s banked Vacation Leave. (For example, if an employee is compensated for 450 hours of sick leave at the 50% rate, the uncompensated 225 hours would go to PERS service credit as allowed by PERS.)
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Appendix A - Compensation and Benefits
Employees will accrue Personal Leave time at the following rates:
1 to 2 years of city service = 256 hours
2 plus years to 5 years = 272 hours (10.46 hours biweekly) 5 plus years to 10 years = 296 hours (11.38 hours biweekly) 10 plus years to 20 years = 316 hours (12.15 hours biweekly) 20 plus years = 328 hours (12.62 hours biweekly)
After 2 plus years of city service, credit for prior public service may be included for purposes of calculating annual time subject to the City Manager approval. Prior public service shall be similar in nature to the duties being performed by the Employee for City to be eligible for this benefit.
Certifications
The City shall pay the costs associated with obtaining and maintaining special certificates that are required by the State of California, the City of Grass Valley or any governmental agency to obtain and maintain as a condition of employment.
Holidays
Employees are entitled to 12 paid holidays as listed below.
Recognized Holidays shall include:
New Year’s Eve New Year’s Day
Presidents Day Veterans Day
Martin Luther King Day Thanksgiving Day
Memorial Day The Day After Thanksgiving
July 4th Christmas Eve
Labor Day Christmas Day
A paid holiday is equivalent to eight hours, for a total of 96 hours per year. Holiday hours are accrued outside of Personal Leave, must be used within the calendar year accrued. Unused holiday hours may not be carried over into any subsequent calendar year or "cashed out." Special Provisions
A. PUBLIC SAFETY UNIFORM ALLOWANCE
The Police Chief and Fire Chief shall be provided a uniform and cleaning allowance. The amount of the benefit will be the same as established under Unit 6 for the Police Chief and under Unit 8 for the Fire Chief.
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Appendix A - Compensation and Benefits
B. VEHICLE ALLOWANCE
The Police Chief, Fire Chief and Public Works Director shall be provided a vehicle. Other Employees may be granted a car allowance subject to the City Manager’s approval and in accordance with City adopted policies. Employees will have access to City “Pool” vehicles for conducting City business or will be eligible for mileage reimbursement for personal vehicle use when conducting City business in accordance with City adopted policies.
C. TRAINING/MEMBERSHIPS
Employees shall be entitled to training, travel, workshops, and professional memberships, for the purpose of personal growth and enrichment subject to the annual amounts budgeted each year in the respective department for this purpose. City agrees to reimburse Employee for reasonable expenses for training, travel, workshops and professional memberships which have been authorized by the City Budget and approved in advance by the City Manager.
Employee must submit expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City.
D. PUBLIC EMPLOYEES RETIREMENT SYSTEM
All Employees will be members of the California Public Employees Retirement System as provided by the terms of the contracts between the City of Grass Valley and the California Public Employees Retirement System.
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Appendix A - Compensation and Benefits
Min Mid Max
Police Chief $ 147,717.78 $ 168,820.31 $ 203,962.50
Administrative Services Director $ 135,056.25 $ 154,350.00 $ 187,425.00 Fire Chief $ 135,056.25 $ 154,350.00 $ 187,425.00
Community Development Director $ 126,615.24 $ 144,703.13 $ 176,400.00 City Engineer $ 126,615.24 $ 144,703.13 $ 176,400.00
Utilities Director $ 126,615.24 $ 144,703.13 $ 176,400.00 Public Works Director of Operations $ 126,615.24 $ 144,703.13 $ 176,400.00 City Planner $ 105,500.00 $ 120,075.00 $ 134,650.00
Deputy Police Chief $ 135,056.25 $ 154,350.00 $ 187,425.00 Deputy Administrative Services Director $ 101,291.09 $ 116,795.54 $ 132,300.00 City Clerk $ 84,409.61 $ 97,329.80 $ 110,250.00
Deputy City Clerk/Management
Services Analyst $ 75,969.14 $ 87,597.08 $ 99,225.00
Annual Salary Position
Salary Schedule
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City of Grass Valley
City Council
Agenda Action Sheet
Title: Mill Street Parking Lot Improvements Project – Authorization to Bid CEQA: Exempt, Class 11 and 32
Recommendation: That Council authorize the advertisement for bids for the Mill Street Parking Lot Improvements Project
Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 5/9/2023 Date Prepared: 5/3/2023
Agenda: Consent
Background Information: The Mill Street Parking Lot Improvements Project involves the construction of an outdoor parking lot containing 32 parking spaces (2 accessible), located on a City owned lot at 309 Mill Street. The Mill Street Parking Lot is intended to provide vehicle parking for the downtown area and will help to offset the loss of on-street parking spaces resulting from the closure of Mill Street. Due to the steep topography of the property, significant grading and retaining wall construction is required. The project plans incorporate concrete and asphalt concrete surfacing of the parking lot and include lighting and landscaping elements.
A notice of exemption was filed for the project in August 2021 in accordance with the California Environmental Quality Act. Subsequently, City staff have been working with an environmental consultant to prepare an Aquatic Resource Delineation Report and evaluate any additional permitting requirements for the project. The City’s application for a 401 permit with the State Water Resources Control Board is under review and proposes payment of a nominal In-Lieu fee as compensatory mitigation for disturbance of a small aquatic resource area discovered on the site.
Plans and specifications for the Mill Street Parking Lot Improvement Project are available for review with the Engineering Division. The Engineer’s Estimate of probable construction costs is $500,000. Staff requests that Council authorize the bidding process for construction of this project.
Council Goals/Objectives: Construction of the Mill Street Parking Lot Improvement Project executes portions of work tasks towards achieving/maintaining Strategic Plan Goal #1 - Community and Sense of Place and Goal #4 – Economic Development and Vitality.
Fiscal Impact: The project is funded in the Fiscal Year 22/23 CIP Budget with the use of remaining Regional Circulation Funds
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Funds Available: Yes Account #: 300-406-63440
Reviewed by: __ City Manager
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City of Grass Valley
City Council
Agenda Action Sheet
Title: Update Municipal Code Section 8.16 Fire Control Regulations CEQA: Not a project
Recommendation: That Council hold the second reading of Ordinance no. 824 to repeal Municipal Code Chapter – 8.16 Fire Control Regulations and Urgency Ordinance No. 823 and replace with new Municipal Code Chapter 8.16 Fire Control Regulations.
Waive full reading.
Prepared by: Mark Buttron -Fire Chief
Council Meeting Date: 05/09/2023 Date Prepared: 05/04/2023 Agenda: Consent
Background Information: In August of 2017, the Council approved repealing Municipal Code Chapter 8.16, Fire Control Regulations and 8.36, Weed Abatement.
These repealed chapters were replaced with updated Municipal Code Chapter 8.16, Fire Control Regulations, which includes vegetation management and yard debris removal. Based on our experience and observations over the years in implementing the code, the Fire Department believes the vegetation management process needs to be amended. To ensure the City’s vegetation management ordinance appropriately addresses potential fire hazards, we recommend the following changes:
1. Define Fuel Modification Area, City, and Spark Arrester.
2. Separate and define requirements for Improved Properties of Less than One Acre, One to Fire Acres, and Greater than Five acres.
3. Separate and define requirements for Unimproved Properties of Less than One Acre, One to Fire Acres, and Greater than Five acres.
4. Better define Emergency Vehicle Access based on property size for Less than One Acre, One to Fire Acres, and Greater than Five Acres.
5. Raise minimum height of Emergency Vehicle Access to 15’.
6. Provide for a Special Permit to authorize burning for professional entertainment purposes.
7. Update code to reference Fire Marshal or authorized representative.
On April 25th, 2023, Council adopted Urgency Ordinance 823. The standard ordinance is identical to the urgency ordinance but does not contain the specific findings of
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urgency. To make these amendments permanent without needing to defend urgency findings indefinitely, Council did simultaneously consider a standard ordinance first reading and now staff is recommending the second reading. After which will take effect 30 days after adoption. Upon becoming effective, the ordinance will repeal the urgency ordinance. This is the City Attorney’s standard procedure with respect to urgency ordinances that address long-term issues.
Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: None
Funds Available: N/A Account #: N/A
Reviewed by:
Attachments:
Grass Valley Municipal Code Section 8.16
Urgency Ordinance No. 823 Amending Grass Valley Municipal Code Section 8.16 Non-Urgency Ordinance No. 824 Amending Grass Valley Municipal Code Section 8.16
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ORDINANCE NO. 824
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRASS VALLEY REPEALING AND REPLACING
ARTICLE II (“MISCELLANEOUS FIRE CONTROL
REGULATIONS”), ARTICLE III (“PROHIBITIONS”),
AND ARTICLE V (“VIOLATIONS — PENALTY”) OF
CHAPTER 8.16 OF THE GRASS VALLEY MUNICIPAL
CODE REGARDING FIRE CONTROL REGULATIONS
AND REPEALING URGENCY ORDINANCE NO. 823
Be it ordained by the Council of the City of Grass Valley:
SECTION 1. CODE AMENDMENT. Article II – Miscellaneous Fire Control Regulations, Article III – Prohibitions, and Article V – Violations — Penalty of Chapter 8.16 – Fire Control Regulations, are hereby repealed and replaced as set forth in Exhibit A attached to this Ordinance and incorporated by such reference.
SECTION 2. REPEAL. URGENCY ORDINANCE No 823 is hereby repealed.
SECTION 3. CEQA FINDINGS. As a purely administrative and regulatory action, this Ordinance will not affect the physical environment. This Ordinance is not a project within the meaning of California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, title 14, section 15378 because it has no potential to result in physical change in the environment, directly or indirectly. Additionally and independently, it is exempt from CEQA review under CEQA Guidelines, California Code of Regulations, title 14, section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
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SECTION 5. EFFECT OF AMENDMENTS. It is the intent of the City Council of the City of Grass Valley that the Grass Valley Municipal Code sections affected by this Ordinance shall not be considered repealed and reenacted in their amended form; that the portions which are not altered are to be considered as having been the law from the time when they were enacted; that the new provisions are to be considered as having been enacted at the time of the amendment; and that the omitted portions are to be considered as having been repealed at the time of the amendment.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption pursuant to Article VII, § 2 of the Grass Valley City Charter.
SECTION 7. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.
INTRODUCED and first read at a regular meeting of the City Council on the 25th day of April 2023.
FINAL PASSAGE AND ADOPTION by the City Council was at a meeting thereof held on the 9th day of May, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
________________________________
Jan Arbuckle, Mayor
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
Published on: ______________
ATTEST
________________________________
Taylor Day, City Clerk
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EXHIBIT A
Chapter 8.16. - FIRE CONTROL REGULATIONS
Article II. - Miscellaneous Fire Control Regulations.
8.16.200 - Vegetation Management and Yard Debris Removal.
It shall be the duty of the fire marshal of the fire department or an authorized representative and/or the director of the community development department or an authorized representative to enforce the requirements of the "vegetation management and yard debris removal" section(s).
8.16.210 - Definitions.
1. “City” shall mean the City of Grass Valley, a municipal corporation of the State of California.
2. Improved Property: Any property with a building or structure.
3. Unimproved Property: Any property without a building or structure.
4. Building or structure: Any structure used for support or shelter of any use or occupancy.
5. APN: Assessor’s parcel number as assigned by the County of Nevada.
6. Fuel Modification Area: “Fuel Modification Area” shall mean a strip of land in which the following fuel reduction activities are required to occur. – Area is mowed/cleared so that “flammable vegetation” is no higher than 4” above mineral soil, free of “refuse piles” and “combustible materials”, and trees shall be free of branches 6’ up from the ground. If shrubs are located under tree branches an additional clearance equal to 3 times the height of the shrub shall be required. If the height of the tree does not allow the 6’ and/or 3 times the shrub height of clearance, clearance shall not exceed one-third (1/3) of the overall tree height.
7. Ladder Fuels: Fuels that can carry a fire vertically between or within a fuel type.
8. Heavy Fuels: Materials of large diameter such as snag logs and tree limbs that ignite and are consumed more slowly than flash fuels such as tree needles, leaves, and grasses.
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9. Flammable Vegetation: Includes, but not limited to, dead/dry tree needles and leaves, dead/dry grasses of over 4” in height, tree limbs, bushes/shrubs, trees less than 6” diameter at breast height (Dbh), manzanita, dense berry thickets, or other invasive or noxious plants, that constitute a fire hazard and/or endanger people or property.
10. Combustible Materials: Heavy fuels, slash, refuse piles, dead trees, or tree branches (either standing or downed), that constitute a fire hazard and/or endanger people or property.
11. Refuse Piles: Accumulations of flammable vegetation and/or combustible materials, rubbish and/or scrap materials, including but not limited to, wastepaper, wood, straw/hay, litter, or other flammable or combustible waste.
12. Spark Arrester: Any device which prevents the emission of flammable debris from combustion sources, such as fireplaces and woodstoves.
13. Approved Warming Device: A portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with a spark arrester.
8.16.220 - Abatement Procedures.
To reduce fire hazards and nuisances associated with flammable vegetation, refuse piles, and/or combustible materials upon or in front of private improved or unimproved property, the city council may conduct proceedings pursuant to Chapter
9.28 of this Code. Such proceedings may include requiring abatement of fire hazards throughout the city, entering upon private property, and performing abatement where the private property owner does not abate. The cost of such abatement will be assessed upon the nuisance property under Chapter 1.14 of this Code, and such costs will constitute a lien upon the land until paid and will be collected upon the next tax roll upon which real property taxes are collected.
8.16.230 - Duty to Abate Flammable Vegetation and Combustible Material.
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It shall be the duty of every owner, occupant, or person in control of any private land, whether improved or unimproved, within the City of Grass Valley, to abate therefrom on such property, at his or her own expense, all flammable vegetation, refuse piles, and/or other combustible materials that constitute a fire hazard. The obligation to abate all flammable vegetation, refuse piles, and/or other combustible materials shall comply with the following, shall be completed by May 1 of each year, and shall be maintained through October 31 or the end of fire season as declared by the California Department of Forestry and Fire Protection (CAL FIRE) whichever comes first.
1. IMPROVED PROPERTY:
A. Less Than One Acre:
a) The entire property shall be mowed/cleared so that "flammable vegetation", as defined in Section 8.16.210, is no higher than 4” above mineral soil. b) The entire property shall be free of dead and/or dry leaves and tree needles. c) The entire property shall be free of “refuse piles”, as defined in Section 8.16.210. d) All plants, trees, or shrubs shall be free of dead or dying material. e) Maintain large shrubs and hedges exceeding 6’ in height such that limbs are not within 4’ of the ground or one-third (1/3) of its overall height, whichever is less. f) Vegetation under windows shall be kept to below 18”. g) The roof of every building and/or structure shall be free of dead and/or dry leaves, tree needles, tree branches, and any other “flammable vegetation” as defined in Section 8.16.210.
h) No portion of any tree shall be within 10’ of the roof surface at any point, outlet of a chimney, stovepipe and/or electrical power service drop of any building and/or structure. All chimneys and stove pipes shall have a spark arrester. i) Trees shall be free of branches 6’ up from the ground. If shrubs are located under tree branches an additional clearance equal to 3 times the height of the shrub shall be required. If the height of the tree does not allow the 6’ and/or 3 times the shrub height of clearance, clearance shall not exceed one-third (1/3) of the overall tree height.
j) Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City.
k) Remove all flammable vegetation, refuse piles, and/or combustible materials from under decks, balconies, and/or stairs.
l) All waste material that is the result of vegetation management work shall be composted or hauled off site. Burning of waste material is prohibited.
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B. One to Five Acres:
a) A 30’ Fuel Modification Area, as defined in Section 8.16.210, shall be provided around the entire property. The 30’ Fuel Modification Area shall be measured from the property line and from the edge of the sidewalk, or from the street line if there is no sidewalk, where the property abuts any public or private rights-of-way, or fire apparatus access road.
b) Vegetation under windows shall be kept to below 18”. c) The roof of every building and/or structure shall be free of dead and/or dry leaves, tree needles, tree branches, and any other “flammable vegetation” as defined in Section 8.16.210.
d) No portion of any tree shall be within 10' of the roof surfaces at any point, outlet of a chimney, stovepipe and/or electrical power service drop of any building and/or structure. All chimneys and stove pipes shall have a spark arrester. e) All plants, trees, or shrubs located 0’-30’ from a building and/or structure shall be free of dead or dying material.
f) Maintain large shrubs and hedges exceeding 6’ in height located 0’-30’ from a building and/or structure such that limbs are not within 4’ of the ground or one-third (1/3) of its overall height, whichever is less. g) All trees located 0’-30’ from a building and/or structure shall be free of branches 6’ up from the ground. If shrubs are located under tree branches an additional clearance equal to 3 times the height of the shrub shall be required.
If the height of the tree does not allow the 6’ and/or 3 times the shrub height of clearance, clearance shall not exceed one-third (1/3) of the overall tree height. h) Dead, dying, or diseased trees located 0’-30’ from a building and/or structure shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City. i) Remove all flammable vegetation, refuse piles, and/or combustible materials from under decks, balconies, and/or stairs.
j) All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.
C. Greater Than Five Acres:
a) A 100’ Fuel Modification Area, as defined in Section 8.16.210, shall be provided around the entire property. The 100’ Fuel Modification Area shall be measured
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from the property line and from the edge of the sidewalk, or from the street line if there is no sidewalk, where the property abuts any public or private rights-of-way, or fire apparatus access road.
b) Vegetation under windows shall be kept to below 18”. c) The roof of every building and/or structure shall be free of dead and/or dry leaves, tree needles, tree branches, and any other “flammable vegetation” as defined in Section 8.16.210.
d) No portion of any tree shall be within 10' of the roof surfaces at any point, outlet of a chimney, stovepipe and/or electrical power service drop of any building and/or structure. All chimneys and stove pipes shall have a spark arrester. e) All plants, trees, or shrubs located 0’-30’ from a building and/or structure shall be free of dead or dying material.
f) Maintain large shrubs and hedges exceeding 6’ in height located 0’-30’ from a building and/or structure such that limbs are not within 4’ of the ground or one-third of its height, whichever is less.
g) All trees located 0’-30’ from a building and/or structure shall be free of branches 6’ up from the ground. If shrubs are located under tree branches an additional clearance equal to 3 times the height of the shrub shall be required.
If the height of the tree does not allow the 6’ and/or 3 times the shrub height of clearance, clearance shall not exceed one-third (1/3) of the overall tree height. h) Dead, dying, or diseased trees located 0’-30’ from a building and/or structure shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City. i) Remove all flammable vegetation, refuse piles, and/or combustible materials from under decks, balconies, and/or stairs.
j) All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.
2. UNIMPROVED PROPERTY:
A. Less Than One Acre:
a) The entire property shall be mowed/cleared so that "flammable vegetation", as defined in Section 8.16.210, is no higher than 4” above mineral soil. b) The entire property shall be free of dead and/or dry leaves and tree needles. c) The entire property shall be free of “refuse piles”, as defined in Section 8.16.210. d) All plants, trees, or shrubs shall be free of dead or dying material.
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e) Trees shall be free of branches 6’ up from the ground. If shrubs are located under tree branches an additional clearance equal to 3 times the height of the shrub shall be required. If the height of the tree does not allow the 6’ and/or 3 times the shrub height of clearance, clearance shall not exceed one-third (1/3) of the overall tree height.
f) Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City.
g) All waste material that is the result of vegetation management work shall be hauled off site. Burning of waste material is prohibited.
B. One to Five Acres:
a) A 30’ Fuel Modification Area, as defined in Section 8.16.210, shall be provided around the entire property. The 30’ Fuel Modification Area shall be measured from the property line and from the edge of the sidewalk, or from the street line if there is no sidewalk, where the property abuts any public or private rights-of-way, or fire apparatus access road.
b) All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.
C. Greater Than Five Acres:
a) A 100’ Fuel Modification Area, as defined in Section 8.16.210, shall be provided around the entire property. The 100’ Fuel Modification Area shall be measured from the property line and from the edge of the sidewalk, or from the street line if there is no sidewalk, where the property abuts any public or private rights-of-way, or fire apparatus access road.
b) All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.
8.16.240 - Emergency Vehicle Access.
1. No property owner may allow any portion of any vegetation on his or her property to interfere with street and emergency vehicle access, regardless of whether the access is along a public street or along a private residential access road. Vegetation shall be trimmed back from the edge of the sidewalk, or from the street line if there is no sidewalk, a minimum distance of; 3’ for properties less than 1 acre, 30’ for properties 1-5 acres, and 100’ for properties greater than 5 acres. Vegetation must also be trimmed to a minimum height of 15’ – 0” above the street and emergency
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vehicle access roads. The fire marshal of the fire department or an authorized representative may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance when the fire marshal determines the vegetation would otherwise interfere with emergency vehicle access. If the property owner fails to maintain these clearance requirements, the city may abate this nuisance without further notice and at the property owner's expense. This subsection shall not apply to cultivated groundcover such as green grass, ivy, succulents, or similar plants used as groundcovers, provided they do not constitute a fire hazard.
2. Without notice, the fire marshal of the fire department or an authorized representative may also summarily abate weeds or hazardous growth on private property that in any way hinders emergency vehicle access and may charge the property owner for the costs of the abatement.
8.16.250 - City Abatement of Hazardous Vegetation and/or Yard Debris Condition(s)— Lien.
Hazardous vegetation and/or yard debris shall be abated under Chapters 1.10 and 1.11 of this Code, and costs of abatement may be recovered under Chapter 1.14 of this Code.
Article III. - Prohibitions
8.16.300 - Open Burning.
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Grass Valley.
This prohibition is not intended to prohibit fires in approved warming devices, as defined in Section 8.16.210, or devices used for cooking such as barbeques that are located on property that the individual using such device has legal authority to occupy.
8.16.310 - Authorized Burning.
1. Training Burns. Fire department training burns may be permitted with the prior written approval of the chief of the fire department or an authorized representative and Northern Sierra Air Quality Management District.
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2. Special Permits. The fire marshal of the fire department or an authorized representative may issue special permits to authorize burning for the health and safety of the public.
3. Special Permit. The fire marshal of the fire department or an authorized representative may issue special permits to authorize burning for professional entertainment purposes.
4. Special Permit. The fire marshal of the fire department or an authorized representative may issue special permits to authorize burning for ceremonial purposes.
5. Burning may be permitted in improved designated areas, including, but not limited to, city-provided fire pits or barbeques in parks and other public areas.
8.16.320 - Fire Protection Requirements.
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:
1. During use/operation an area within ten feet of the device shall be free and clear of flammable vegetation, refuse piles, and/or combustible materials as defined in Section 8.16.210.
2. Responsible person, 18 years of age or older, in attendance with shovel until fire is dead out.
3. Water hose connected to an operational water supply shall be present at use/operation site.
4. Operation site shall be within 250’ of an operational fire hydrant.
5. Operation site shall be within one 150’ of a California Fire Code compliant fire access road.
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Exception: Special permit ceremonial operations only. If an operational water supply is not present the fire marshal of the fire department or an authorized representative will determine an appropriate alternative method of fire protection.
Article V. - Violations—Penalty
8.16.500 - Penalty.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable under Chapter 1.12 of this Code. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense. The application of the afore-mentioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.
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City of Grass Valley
City Council
Agenda Action Sheet
Title: Introduction of an ordinance repealing and replacing Chapters 5.16 “Cable Television Franchise”, 5.18 “Cable Systems and Open Video Systems”, and 5.19 “State Video Franchises” of the Grass Valley Municipal Code.
CEQA: Not a Project.
Recommendation: That Council: 1) review the proposed ordinance to repeal and replace Municipal Code Chapters – 5.16 “Cable Television Franchise”, 5.18 “Cable Systems and Open Video Systems”, and 5.19 “State Video Franchises”; and 2) introduce Ordinance No. 825, waive full reading, and read by Title only.
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: May 9, 2023 Date Prepared: May 3, 2022 Agenda: Public Hearing
Background Information: The California State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 which became effective as of January 1, 2007. The Digital Infrastructure and Video Competition Act (DIVCA) established a regulatory structure for the State to issue franchises to video service providers and made the California Public Utilities Commission (CPUC) the sole franchising authority for cable television video service providers. DIVCA also converted local cable franchises to State franchises upon expiration of existing local franchise agreements. Under DIVCA, the City is responsible for the administration and implementation of certain provisions of the act and is permitted to establish financial support provisions for Public, Educational, and Governmental Access (PEG) channel facilities.
The proposed ordinance modifies the City’s current ordinance to comply with DIVCA and is attached for City Council consideration.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #5 – High Performance Government and Quality Service.
Fiscal Impact: None.
Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager
Attachments: Ordinance No. 825 repealing and replacing Municipal Code Chapters –
5.16 “Cable Television Franchise”, 5.18 “Cable Systems and Open Video Systems”, and
5.19 “State Video Franchises”
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ORDINANCE NO. 825
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GRASS VALLEY REPEALING
AND REPLACING CHAPTERS 5.16 (“CABLE
TELEVISION FRANCHISE”), 5.18 (“CABLE
SYSTEMS AND OPEN VIDEO SYSTEMS”), AND
5.19 (“STATE VIDEO FRANCHISES”) OF THE
GRASS VALLEY MUNICIPAL CODE
REGULATING CABLE FRANCHISES AND
VIDEO SERVICE PROVIDERS
WHEREAS, the Legislature of the State of California (the State) has adopted the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) (Public Utilities Code section 5800, et seq.); and
WHEREAS, DIVCA became effective on January 1, 2007; and WHEREAS, DIVCA establishes a regulatory structure for the State to issue franchises to video service providers; and
WHEREAS, DIVCA makes the California Public Utilities Commission the sole franchising authority for cable television video service providers and preemptively converts local cable franchises to State franchises upon expiration of existing local franchises; and
WHEREAS, DIVCA establishes that local entities, such as the City of Grass Valley, are responsible for administration and implementation of certain provisions of DIVCA; and
WHEREAS, DIVCA permits the City to establish, by ordinance, financial support provisions for Public, Educational, and Governmental Access (PEG) channel facilities; and
WHEREAS, DIVCA requires that the City adopt, by ordinance or resolution, a schedule of penalties for any material breach by a State video franchise holder for violation of customer service and protection standards that the City is permitted to enforce; and
WHEREAS, the City Council of the City of Grass Valley now finds it necessary and desirable to update its Municipal Code to conform with state law.
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Be it ordained by the council of the City of Grass Valley as follows:
SECTION 1. CODE ADOPTION. Chapters 5.16 (“Cable Television Franchise”),
5.18 (“Cable Systems and Open Video Systems”), and 5.19 (“State Video Franchises”) of the Grass Valley Municipal Code are hereby amended and restated as set forth in Exhibit “A” attached to this Ordinance and incorporated by reference.
SECTION 2: CEQA FINDINGS. This Ordinance maintains a fee supporting public, educational, and government (PEG) programming and certain regulations on state video service franchises. As a purely administrative and regulatory action, it will not affect the physical environment. This Ordinance is not a project within the meaning of California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, title 14, section 15378 because it has no potential to result in physical change in the environment, directly or indirectly. It is also exempt from CEQA review under CEQA Guidelines, California Code of Regulations, title 14, section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
SECTION 4. INCONSISTENT PROVISIONS. Any provision of the Grass Valley Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to give effect to this Ordinance.
SECTION 5. EFFECT OF ADOPTION. It is the intent of the City Council of the City of Grass Valley that the Grass Valley Municipal Code sections affected by this Ordinance shall not be considered repealed and reenacted in their amended
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form; that the portions which are not altered are to be considered as having been the law from the time when they were enacted; that the new provisions are to be considered as having been enacted at the time of the amendment; and that the omitted portions are to be considered as having been repealed at the time of the amendment.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect 30 days after its adoption pursuant to Article VII, § 2 of the Grass Valley City Charter.
SECTION 7. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.
INTRODUCED and first read at a regular meeting of the city council on the 9th day of May 2023.
FINAL PASSAGE AND ADOPTION by the city council was at a meeting thereof held on the _____ day of __________________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
________________________________
Jan Arbuckle, Mayor
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
Published on: ________________
ATTEST
________________________________
Taylor Day, City Clerk
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EXHIBIT A
Chapter 5.16: VIDEO AND CABLE SERVICES
5.16.010 – Purpose.
This section is intended to apply to those awarded a state video franchise under the California Public Utilities Code, section 5800, et seq., the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), to serve any location(s) within the City of Grass Valley. This chapter is intended to implement within the City DIVCA and the rules of the California Public Utilities Commission promulgated thereunder applicable to a “local franchising entity” or a “local entity” as defined in DIVCA.
5.16.020 – Definitions.
For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given here. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words “shall” and “will” are mandatory, and “may” is permissive.
Words not defined in this article shall have the meanings provided in Division
2.5 of the California Public Utilities Code, section 5800, et seq., and, if not defined there, their common and ordinary meaning. References to governmental entities or officials, whether persons or entities, refer to those entities or their successors in authority. If provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances, or regulations shall be interpreted broadly to cover government actions, however denominated, and include laws, ordinances, and regulations now in force or hereinafter enacted or amended.
“Access,” “PEG access,” or “PEG use” refers to the availability of a cable system or open video system for public, education or government use by various agencies, institutions, organizations, groups, and individuals, including the City and its designated access providers, to acquire, create and distribute programming not under a franchisee’s editorial control, including, but not limited to:
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1. “Public access” or “public use” means access where organizations, groups, or individual members of the general public, on a nondiscriminatory basis, are the primary or designated programmers or users having editorial control over their communications;
2. “Education access” or “education use” means access where accredited educational institutions are the primary or designated programmers or users having editorial control over their communications;
3. “Government access” or “government use” means access where government institutions or their designees are the primary or designated programmers or users having editorial control over their communications. “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. “Cable communications system” refers to open video systems (OVS) and cable systems.
“Cable service” means:
1. The one-way transmission to subscribers of video programming or other programming service, and
2. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. “Cable system” is defined as set forth in section 522(7) of Title 47 of the United States Code. Any reference to a cable system includes the cable system as a whole, or any part of it, including all facilities, pedestals, equipment cabinets, electronic equipment, and devices appurtenant to the system. “Cable service” is defined as the one-way transmission to subscribers of either video programming, or other programming service, and subscriber interaction, if any, that is required for the selection or use of video programming or other programming service, as set forth in section 522(6) of Title 47 of the United States Code.
“Channel” means a portion of the electromagnetic frequency spectrum which is used in a cable system or OVS and which is capable of delivering a television signal whether in analog or digital format. The definition does not restrict the use
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of any channel to the transmission of analog television signals or one-way transmission.
“City” means the City of Grass Valley and all departments, divisions, and agencies of the City established by state law or by the City charter or Municipal Code.
“City Manager” means the Grass Valley City Manager or his/her designee. “Construction, operation or repair” and similar formulations of that term mean construction, operation or repair interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, makeready, and excavation. “FCC” means the Federal Communications Commission.
“Franchise” or “State franchise” refers to an authorization granted by the California Public Utilities Commission to the operator of a cable communications system giving the franchisee the non-exclusive right to occupy space, or use facilities upon, across, beneath, or over public rights-of-way in the City, and to provide specified services within a franchise area.
“Franchise area” means the area within the City that a franchisee is authorized to serve by the terms of its franchise or by operation of law. “Franchisee” refers to a person holding a cable communications system franchise granted by the State under applicable law.
“Franchise fee” means the State franchise fee adopted pursuant to Public Utilities Code, section 5840, payable as rent or a toll for the use of the public rights-ofway. “Gross revenues” means all revenue actually received by the holder of a State franchise, as determined in accordance with generally accepted accounting principles, that is derived from the operation of the holder’s network to provide cable or video service within the City, including all of the following:
1. All charges billed to subscribers for any and all cable service or video service provided by the holder of a State franchise, including all revenue
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related to programming provided to the subscriber, equipment rentals, late fees, and insufficient fund fees;
2. Franchise fees imposed on the holder of a State franchise by this section that are passed through to, and paid by, the subscribers;
3. Compensation received by the holder of a State franchise that is derived from the operation of the holder’s network to provide cable service or video service with respect to commissions that are paid to the holder of a State franchise as compensation for promotion or exhibition of any products or services on the holder’s network, such as a “home shopping” or similar channel; and
4. A pro rata portion of all revenue derived by the holder of a State franchise or its affiliates pursuant to compensation arrangements for advertising derived from the operation of the holder’s network to provide video service within the jurisdiction of the City. The allocation shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.
“Gross revenues” do not include any of the following:
1. Amounts not actually received, even if billed, such as bad debt; refunds, rebates, or discounts to subscribers or other third parties; or revenue imputed from the provision of cable services or video services for free or at reduced rates to any person as required or allowed by law, including, but not limited to, the provision of these services to public institutions, public schools, governmental agencies, or employees except that forgone revenue chosen not to be received in exchange for trades, barters, services, or other items of value shall be included in gross revenue;
2. Revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a State franchise to provide cable services or video services. However, revenue received by an affiliate of the holder from the affiliate’s provision of cable or video service shall be included in gross revenue to the extent that treating the revenue as revenue of the affiliate, instead of revenue of the holder, would have the effect of evading the payment of fees that would otherwise be paid to the City, or if the revenue is not otherwise subject to fees to be paid to the City;
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3. Revenue derived from services classified as noncable services or nonvideo services under federal law, including, but not limited to, revenue derived from telecommunications services and information services, other than cable services or video services, and any other revenues attributed by the holder of a State franchise to noncable services or nonvideo services in accordance with Federal Communications Commission rules, regulations, standards, or orders;
4. Revenue paid by subscribers to “home shopping” or similar networks directly from the sale of merchandise through any home shopping channel offered as part of the cable services or video services. However, commissions or other compensation paid to the holder of a State franchise by “home shopping” or similar networks for the promotion or exhibition of products or services shall be included in gross revenue;
5. Revenue from the sale of cable services or video services for resale in which the reseller is required to collect a fee similar to the franchise fee from the reseller’s subscribers;
6. Amounts billed to, and collected from, subscribers to recover any tax, fee, or surcharge imposed by any governmental entity on the holder of a State franchise, including, but not limited to, sales and use taxes, gross receipts taxes, excise taxes, utility users taxes, public service taxes, communication taxes, and any other fee not imposed by state law;
7. Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive cable services or video services from the seller of those assets or surplus equipment;
8. Revenue from directory or Internet advertising revenue, including, but not limited to, yellow pages, white pages, banner advertisement, and electronic publishing;
9. Revenue received as reimbursement by programmers of specific, identifiable marketing costs incurred by the holder of a State franchise for the introduction of new programming; or
10. Security deposits received from subscribers, excluding security deposits applied to the outstanding balance of a subscriber’s account and thereby taken into revenue.
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“License” refers to the legal authorization, terminable at will, to use a particular, discrete, and limited portion of the public rights-of-way of the City to construct, operate or repair a cable system.
“Operator” when used with reference to a system, refers to a person (a) who directly or through one or more affiliates provides service over a cable communications system and directly or through one or more affiliates owns a significant interest in such facility; or (b) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility. “OVS” means an open video system as defined by Title 47 of the Code of Federal Regulations, section 76.1500(a). A reference to an OVS includes pedestals, equipment enclosures (such as equipment cabinets), amplifiers, power guards, nodes, cables, fiber optics and other equipment necessary to operate the OVS or installed in conjunction with the OVS.
“Person” includes any individual, corporation, partnership, association, joint stock company, trust, or any other legal entity, but not the City. “Public property” means any property that is owned or under the control of the City that is not a public right-of-way, including, for purposes of this article, but not limited to, buildings, parks, poles, structures in the public rights-of-way such as utility poles and light poles, or similar facilities or property owned or leased by the City.
“Public rights-of-way” means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or right-of-way or easement primarily dedicated to travel, now or hereafter existing within the City, which may be properly used for the purpose of installing, maintaining, and operating a cable communications system, and any other property that a franchisee is entitled by state or federal law to use by virtue of the grant of a franchise.
“Subscriber” means the City or any person who is lawfully receiving, for any purpose or reason, any cable service via a cable communications system with franchisee’s express permission, whether or not a fee is paid for such service. “Termination” means the conclusion of a franchise by any means, including, but not limited to, by expiration of its term, abandonment, or revocation. “Transfer” means any transaction in which:
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1. All or a portion of any facilities or any rights to use or operate facilities located in the public rights-of-way are sold, conveyed, transferred, assigned, encumbered (except as set forth in this chapter) or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntarily or by operation of law or otherwise; or
2. There is any change, acquisition, or transfer in the identity of the person in control of the franchisee, or any person that controls franchisee, including, without limitation, forced or voluntary sale, merger, consolidation, or receivership; or
3. The rights or obligations under the franchise are sold, conveyed, transferred, assigned, encumbered (except as set forth in this chapter) or leased, in whole or in part, directly or indirectly, by one or more transactions to another person, whether voluntarily or by operation of law or otherwise. It will be presumed, for purposes of clause (2) above, that any transfer or cumulative transfer of a voting interest by a person or group of persons acting in concert of 10 percent or more of franchisee, or person that controls franchisee, or any change in the managing general partners of a franchisee, is a change of control.
“Transfer” does not include:
1. A lease to an unaffiliated video programming provider pursuant to sections 532 or 573 of Title 47 of the United States Code.
2. The transmission of a commodity or electronic signal using facilities on a common-carrier basis;
3. A lease or other right to use facilities mandated pursuant to section 224 of Title 47 of the United States Code; or
4. A pledge in trust, mortgage or other encumbrance against the facilities, or any portion thereof, given to a bona fide institutional lender in connection with a loan or other financing required to secure the construction, operation, or repair of the facilities (“Loan”) provided that such Loan is subject to the rights and powers of the City pursuant to the franchise and applicable law, including, without limitation, the right of the City to approve any transfer upon foreclosure.
“Transferring” and “transferee” shall have correlative meanings. “Unaffiliated video programming provider” or “UVPP” means any person who uses capacity on a franchised cable system to deliver cable service or other
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communications service (as that term is used in section 542(h) of Title 47 of the United States Code) to subscribers and who is not an affiliate of the franchisee. “User” means a person or the City utilizing a channel, capacity or equipment and facilities for purposes of producing or transmitting video, voice and data materials contrasted with receiving it as a subscriber. “Video service” means video programming services, cable service, or OVS service provided through facilities located at least in part in public rights-of-way without regard to delivery technology, including Internet protocol or other technology. “Video service” does not include:
1. Any video programming provided by a commercial mobile service provider defined in section 332(d) of Title 47 of the United States Code, or
2. Video programming provided as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public Internet.
Section 5.16.030 – Duties of state franchise holder operating within the City.
A. Consistent with Public Utilities Code, section 5840, the holder of a State video franchise must notify the City within 14 business days of any of the following changes:
1. Any transaction involving a change in the ownership, operation, control, or corporate organization of the franchisee, including a merger, an acquisition, or a reorganization.
2. A change in the franchisee’s legal name or the adoption of, or change to, an assumed business name.
3. A change in the franchisee’s principal business address or in the name of the person authorized to receive notice on behalf of the holder.
4. Any transfer of the State franchise to a successor in interest of the franchisee. The franchisee shall identify the successor in interest to which the transfer is made.
5. The termination of any State franchise issued under this division.
The holder shall identify both of the following:
i. The number of subscribers in the service area covered by the State franchise being terminated, and
ii. The method by which the franchisee’s subscribers were notified of the termination.
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6. A change in one or more of the service areas of the franchisee pursuant to this division that would increase or decrease the territory within the service area. The franchisee shall describe the new boundaries of the affected service areas after the proposed change is made.
B. Prior to offering video service in the City, the holder of a State video franchise shall notify the City that the franchisee will provide video service there. The notice shall be given at least 10 days, but no more than 60 days, before the franchisee begins to offer service in the City.
C. The holder of a state video franchise shall obtain all necessary City permits to install, construct, and maintain its video service network within public rights-of-way in compliance with Municipal Code section 5.16.070.
The franchisee shall also obtain adequate indemnity and construction bonds in compliance with Municipal Code section 5.16.080.
D. The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service and shall be subject to the penalties provided under Municipal Code section 5.16.120 for material breaches of such standards.
Section 5.16.040 – Failure to obtain a franchise.
Consistent with the requirements of due process, a person’s failure to obtain a State franchise as required by Public Utilities Code, section 5800, et seq., may, in the City’s discretion, result in:
A. Forfeiture, by operation of law, of the person’s facilities located in the public rights-of-way that are not authorized by an existing franchise; and/or
B. A City order and/or court order that the facilities be removed, and that penalties and damages be paid as set forth in state law.
Section 5.16.050 – Existing franchises.
Franchises existing as of the effective date of this chapter shall, in addition to the obligations and duties prescribed by the terms of their existing franchises, be subject to the substantive and procedural requirements in this chapter, except as prohibited by applicable law. Nothing in this chapter is intended to invalidate a lawful, existing franchise or to waive any obligations imposed by such a franchise.
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Section 5.16.060 – Administration of ordinance; adoption of regulations.
A. Adoption of Regulations. The City may from time to time adopt regulations to implement this chapter.
B. Delegation. The City Manager is hereby authorized to administer this chapter and to provide any notices (including noncompliance notices) and to take any action on the City’s behalf that may be required hereunder or under applicable law.
C. No Waiver. The failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under a franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing.
D. Administration of Public, Educational and Government Access. The City may designate one or more entities, including itself, to control and manage the use of public, educational and government (PEG) access channels, facilities, and equipment.
Section 5.16.070 – Permits to install, construct, and maintain network within public rights-of-way.
A. State Franchise Holder Must Follow Local Rules. The construction, operation, and repair of cable communication systems shall be performed in compliance with all laws, ordinances, departmental rules, regulations, and practices affecting such system. By way of example, and not limitation, this includes zoning and safety codes, construction standards, regulations for providing notice to persons that may be affected by system construction, and directives governing the time, place, and manner in which facilities may be installed in the rights-of-way. Persons engaged in the construction, operation, or repair of communications facilities shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.
B. No Permit Without State Franchise. A State franchise granted pursuant to Public Utilities Code section 5800, et seq., is required before a permit may be issued for work associated with the construction of a cable communications system. Any permit issued for such work to a person that
Item # 11.
14 301011.v2
does not hold a State franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon the City’s demand.
C. Permits Must be Obtained. Construction, operation, or repair of a cable communications system shall not commence until all required permits have been obtained from the proper City officials and all required fees have been paid. All work performed will be performed in strict accordance with the conditions of the permit. Upon order of the City, any work and/or construction undertaken that is not completed in compliance with the City’s requirements, or which is installed without obtaining necessary permits and approvals, shall be removed.
D. No Interference. Interference with the use of the public rights-ofways by others, including others that may be installing cable communications systems, must be minimized. The City may require a person using the rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on the rights-of-way.
E. Plans for and Publicizing Work. Work shall be publicized as the City may direct from time to time. The publication of work may be used to notify the public and operators of other communications systems of the impending work, to minimize inconvenience and disruption to the public.
1. Each franchisee shall provide the City a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall show its timetable for construction of each phase of work, and the areas of the City that will be affected.
2. The City Manager may from time to time, when the City receives application for a permit to use a particular route, or upon the City Manager’s own initiative, designate by published order a route or proposed route for installation of communications facilities and may (a) require all persons who wish to place underground facilities along that route or any part thereof to install them during a specified period provided all costs are shared equitably and (b) otherwise prohibit initial placement of such facilities along the route or any part thereof for a period of time as is necessary to protect the public interest.
Item # 11.
15 301011.v2
F. Existing Poles to be Used. To the extent possible, operators of cable communications systems shall use existing poles and conduits. Additional poles may not be installed in the right-of-way, nor may pole capacity be increased by vertical or horizontal extenders, without the permission of the City Manager. To minimize disruption of public passage or infrastructure, to forestall or relieve exhaustion of rights-of-way capacity, or to protect environmentally sensitive areas, the City Manager may require as a condition of issuing any rights-of-way permit for erection of new poles or construction of underground conduit, the installation of which requires excavation of or along any traveled way that the franchisee, licensee, or holder of the rights-of-way permit provide pole space or empty conduits in excess of its own present and reasonably foreseeable requirements to accommodate the City and/or other franchisees and licensees.
Section 5.16.080 – Protection of the City and residents.
A. Indemnity Required. No permit issued for work associated with construction of a cable communications system shall be valid or effective until and unless the City obtains adequate indemnity from the franchisee. The indemnity must:
1. Release the City from and against any and all liability and responsibility in or arising out of the construction of the cable communications system; and
2. Indemnify and hold harmless the City, its elected and appointed officers, agents, and employees, from and against any and all claims, demands, or causes of action of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys’ fees, liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the cable communications system operator, licensee, or its agents, independent contractors, or employees related to or in any way arising out of the construction of the system.
B. Construction Bonds. Every holder of a State video franchise constructing a cable communications system within the City for which a permit is required shall obtain and maintain bonds during construction of the cable system to ensure the faithful performance of its responsibilities under this article and any franchise. The amount of the performance and payment bonds shall be set by the City Manager but shall not be less than 10 percent of the estimated cost
Item # 11.
16 301011.v2
of constructing or (in the case of existing systems) upgrading the system, and sufficient to fund the removal of facilities and/or restoration of city facilities within the right-of-way. The bond shall be in a form acceptable to the City Attorney. Bonds must be obtained before the effective date of any permit unless the City Manager specifically provides otherwise in writing.
5.16.090 – Procedures for appeal of denial of an encroachment permit.
A. As provided by California Public Utilities Code, section 5885, the City shall either approve or deny an application from a State video service franchise holder for an encroachment permit within 60 days of receiving a completed application, unless the applicant and City have mutually agreed to extend this time limit.
B. For purposes of this section, an “encroachment permit” means any permit issued by the City relating to construction or operation of facilities relating to the provision of video service under a State video service franchise in the public rights of way as governed by Chapter 12.48 of the Grass Valley Municipal Code.
C. An application for an encroachment permit is considered complete when the applicant has complied with all statutory and City-imposed requirements for such an application, including those of the California Environmental Quality Act (Public Resources Code section 21000, et seq.), Title 12 of this Municipal Code, and other applicable ordinances of the City.
D. Any City denial of an application for an encroachment permit shall be in writing and shall contain a detailed explanation of the reason for the denial.
E. An applicant whose application for an encroachment permit has been denied may appeal the denial to the City Council by filing both a written notice of appeal and the required cash deposit with the City Clerk within 15 days after the administrative authority’s action on the permit. The City Council shall consider such appeal at its first regularly scheduled Council meeting occurring five or more business days after receipt of the appeal by the City Clerk, with or without a public hearing as the City Council deems appropriate, and may affirm, overrule, or modify the administrative authority’s determination.
Item # 11.
17 301011.v2
5.16.100 – Local franchise remittance and examination of records.
A. Pursuant to Public Utilities Code, section 5860, the holder of a State franchise that offers video service within the jurisdiction of the City shall calculate and remit to the City the state franchise fee adopted pursuant to Public Utilities Code, section 5840.
B. The obligation to remit the franchise fee to the City begins immediately upon provision of video service within the City. However, the remittance shall not be due until the time of the first quarterly payment required under subdivision (E) that is at least 180 days after the provision of service began. The fee remitted to the City shall be calculated as a percentage of gross revenues from the provision of video service within the City.
C. No fee under this section shall become due unless the City provides documentation to the holder of the State franchise supporting the percentage paid by the incumbent cable operator serving the area within the City.
D. The fee remitted to the City pursuant to this section may be used by the City for any lawful purpose.
E. The State franchise fee shall be remitted to the City quarterly, within 45 days after the end of the quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the State franchise fee.
F. If a holder of the State franchise does not pay the franchise fee when due, the holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus 1 percent.
G. If the franchisee has overpaid the franchise fee, it may deduct the overpayment from its next quarterly payment upon written notice to the City.
H. The City may examine the business records of a holder of a State franchise annually to ensure the City is obtaining its statutory franchise fee remittance. The State franchise holder shall keep all business records reflecting any gross revenues, even if there is a change in ownership, for at least four years after those revenues are recognized by the holder on its books and records. If the examination discloses that the holder has underpaid franchise fees by more than 5 percent during the examination period, the holder shall pay all of the reasonable and actual costs of the examination. If the examination discloses that the holder has not underpaid franchise fees, the City shall pay all of the reasonable and actual costs of the examination. In every other instance, each party shall bear its own costs of the examination. Any claims by the City that
Item # 11.
18 301011.v2
compensation is not in accordance with Public Utilities Code, section 5860 and any claims for refunds or other corrections to the remittance of the holder of a State franchise, shall be made within three years and 45 days of the end of the quarter for which compensation is remitted, or three years from the date of the remittance, whichever is later. Either the City or the State franchise holder may, in the event of a dispute concerning compensation under this section, bring an action in a court of competent jurisdiction.
5.16.110 – Fee to support Public, Educational, and Governmental Access facilities
A. As authorized by California Public Utilities Code, section 5870(n), the City hereby establishes a fee of 60 cents per month per subscriber to support PEG channel facilities capital support to be paid by any state video franchise holder operating in the City. The fee shall be paid quarterly no later than June 1, September 1, December 1, and March 1 for the preceding calendar quarter.
B. The PEG capital support fees of this section are for PEG capital support and are in addition to the franchise fee to be paid to the City by the State video service franchise holders.
5.16.120– Customer service penalties.
A. Any holder of a State video service franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service, including but not limited to, Government Code sections 53055, 53055.1, 53055.2, and 53088.2.
B. The City will provide any holder of a State franchise written notice of any material breach of applicable customer service and protection standards, and will allow the franchise holder at least 30 calendar days from the receipt of the notice to remedy the specified material breach. A material breach that is not remedied by the State video franchise holder within the
Item # 11.
19 301011.v2
remedy period shall subject the State video franchise holder to the following penalties:
1. For the first occurrence of a material breach, a penalty of not more than $500 for each day of each material breach, not to exceed one $1,500 for each occurrence of a material breach.
2. For the second violation of the same nature within 12 months, a penalty $1,000 for each day of each material breach, not to exceed $3,000 for each occurrence of the material breach.
3. For a third or further violation of the same nature within 12 months, a penalty of $2,500 for each day of each material breach, not to exceed $7,500 for each occurrence of the material breach.
C. Any notice and any penalty may be issued or imposed by the City Manager. Any notice shall be in writing and sent to the State franchisee’s address of record with the California Public Utilities Commission. Notices shall be transmitted by certified or registered mail, return receipt requested and postage prepaid, or by private commercial delivery or courier service for same day or next business day delivery with delivery and receipt signature required.
D. The holder of a State video service franchise may appeal any finding of material breach or imposition of penalties to the City Council. Any appeal must be made within 10 calendar days of receipt by the State video service franchise holder of the finding of material breach or the imposition of penalties, and must be submitted in writing to the City Clerk and the City Manager to be placed on a City Council agenda for consideration. Any appeal must contain a detailed explanation of why the appellant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements.
E. The City and any franchisee may mutually agree to extend the time periods specified herein. Any such agreement shall be in writing and executed by the City Manager and an authorized representative of the franchisee.
F. Any penalty imposed on a franchisee shall be paid to the City. Pursuant to California Public Utilities Code, section 5900(g), the City shall submit one half of all penalties received from a franchisee for violations of customer service standards to the Digital Divide Account established by California Public Utilities Code, section 280.5.
Item # 11.
20 301011.v2
5.16.130 – Discrimination based on income prohibited.
Pursuant to California Public Utilities Code, section 5890, a cable operator or video service provider that has been granted a State franchise may not discriminate against or deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which the group resides. The City may bring complaints to the State franchising authority if a holder does not offer video service as required by California Public Utilities Code, section 5890.
5.16.140 – Connections to cable system; use of antennae.
To the extent consistent with federal and state law, subscribers shall have the right to attach VCRs, receivers, and other terminal equipment to a franchisee’s cable system. Subscribers also shall have the right to use their own remotecontrol devices and converters and other similar equipment.
5.16.150 – Captions.
The captions to sections throughout this chapter are for convenience of reference but shall not affect construction of this article.
5.16.160 – Calculation of time.
Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this article or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed in this section, the time shall be computed so as to exclude the first and include the last day of the prescribed time.
5.16.170 – Severability.
If any term, condition, or provision of this chapter shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder of this chapter shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, such provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the franchisee and the City.
Item # 11.
21 301011.v2
5.16.180 – Rights reserved.
A. The rights reserved to the City under this chapter are in addition to all other rights of the City, whether reserved by this section or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the City.
B. Except as otherwise provided by state law, a State franchise shall not include, or be a substitute for:
1. Compliance with generally applicable requirements for the privilege of transacting and carrying on a business within the City, including, but not limited to, compliance with the conditions that the City may establish before constructing facilities for, or providing, nonvideo services;
2. Any permit or authorization required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits, and street cut permits; and
3. Any permit, agreement, or authorization for occupying any other property of the City or any private person to which access is not specifically granted by the State franchise.
C. Except as otherwise provided in state or federal law, a State franchise shall not relieve a franchisee of its duty to comply with all laws, including the ordinances, resolutions, rules, regulations, and other laws of the City, and every franchisee shall comply with the same.
D. Nothing contained in this section shall ever be construed exempt a franchisee from compliance with all ordinances, rules or regulations of the City now in effect or which may be hereafter adopted which are consistent with this section or California Public Utilities Code section 5800, et seq.
Item # 11.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Grass Valley Downtown Association 2022 Annual Review CEQA: Not a project.
Recommendation: Informational item no action required
Prepared by: Taylor Day, City Clerk
Council Meeting Date: 05/09/2023 Date Prepared: 04/18/2023 Agenda: Administrative
Background Information: Annually the Grass Valley Downtown Association prepares an annual report to bring forward to the Council their activities of the previous year, the current budge, and their strategic plan. In addition to their annual report, they prepare the upcoming budget and request for the Business Improvement District (BID) funds for the year.
Council Goals/Objectives: The partnering with the Grass Valley Downtown Association executes portions of work tasks towards achieving/maintaining Strategic Goal number 6 - Inclusive Community Involvement and Leadership by participating in community events.
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: _ City Manager
Attachments: GVDA Presentation Packet
Item # 12.
GRASS VATTEY DOWNTOWN ASSOCIATION
2023 DRAFT BUDGET 2022 ACUTAL 2023 BUDGET
GVDA ADMIN
HOLIDAY MARKET
4TH OF JULY
(s0/s0 sPLrT wrTH GGVc)
FOOTHILL CELEBRATION
LOCAL 4 LOCALS
INCOME
EXPENSE
INCOM E
EXPENSE
5s0,000.00
5Ls4,6z7.oo
ss3,000.00
S 1s8,5oo.oo
2023 NEVADA COUNTY GRANT FUNDS INCOME
BREWFEST
INCO M E
EXPENSE
INCO M E
EXPENSE
CORNISH CHRISTMAS INCOM E
EXPENSE
THURSDAY NIGHT MARKET
s104,627.00
s40,098.00
S 1s,37s.oo
s129,s00.00
s22,000.00
s4s,37s.00
S1s,37s.oo
5?4,723.O0
5L7,747.00
S4,863.00
513,276.OO
s62,738.00
547,337.00
s21,000.00
Ss,ooo.oo
516,000.00
ss8,000.00
538,000.00
s 1s,401.00
s29,8s1.00
s 11,3s7.00
s20,000.00
s27,000.00
S12,ooo.oo
INCOME
EXPE NS E
PROFIT
PROFIT
518,494.00
52,o22.o0
S1,295.00
s3,000.00
s2,000.00
s727.O0 S1,ooo.oo
Ss,ooo.oo
Sls,ooo.oo
S9,ooo.oo
NET INCOME
PROFIT
-532,00s.00 s27,s00.00
CAR SHOW
Sls,ooo.oo
s30,000.00
Item # 12.
GRASS VAILEY DOWNTOWN ASSOCIATION
Grass Valley Downtown Association
2022-2024 Strategic Pla n
Prepared by Lillie Piland Chair, GVDA
Item # 12.
Grass Valfey Downtown 2022 - 20z4strategic Plan
Brood-base Goals, Four-Yeor Objectives dnd 2024
Ptiotities
Our Vision for downtown Grass Valley will be a historic and hip downtown that promise world class shopping, dining and entertainment for both locals and visitors. ltwill bethe premier destination for small town charmwith BIG TIME entertainment for fa m ilies and a strong, quality nightlife.
As the progressive and visionary heart of our community, downtown will be clean, well maintained, thriving and buzzing with activity day and night, bursting with successful businesses contributinB to our local workforce. Exceptional cooperation among all stakeholders will produce a cohesive marketing message that "Downtown is a great place for visitors and locals alike." Downtown will diverse, upscale and affordable with ample parking for its customers, businesses and their workforce.
Our Mission in Supportin8 Downtown Grass Valley's Vision is that Grass Valley Downtown Association shall represent its general membership with a unified voice in economic development and historical preservation of downtown Grass Valley and our community. We utilize the National Main Street Four Point Approach as the structure we use for supporting the beautification activities and community events that we host thus fostering a viable, healthy downtown business district that is recognized as one of California's certified Main Street communities.
Our Broad-base Goals
. Support a clean, well-maintained Downtown that is pristine, welcoming and fosters community pride. . Strengthen and broaden downtown's economic base to sustain a financially, viable business district that appeals to locals and visitors alike . Promote downtown as the Heart of the Community and support events and activities that appeal to locals, families and visitors . Manage an efficient, sustainable and well-respected organization that is recognized as the advocate for Downtown Grass Valley . Establish a sustainable and diverse funding base to match the organizational programs and operational needs .Y
t
2
Item # 12.
ev"ffi Gtdss Volley Downtown 2022 - 2024 Strutegic Plan Brood-bose Gools, Three-Yeor Objectives and 2023 Ptiotities
Encourage the continuous
beautification of downtown's
appea ra nce and
im provement to its public
amenities.
E Provide input on the physicalelements proposed in the Mill Street Closure and Pedestrian P laza Master Plan
E Continue to work with the City to formulate design and execute seasonal plantings and decor th roughout closed street
Host and coordinate Downtown Clean Up Day with merchants and volunteers Pigeon Mitigation
Downtown Holiday Rooftop Skyline (lights)
tr
tr
tr
Expected Outcomes
downtown looks
nice ond seosonol
decor is chonged
regulorly
lnvest in heolth
and wellbeing
ond cleonliness
J
6OAL: Support a clean, well-maintained Downtown that is pristine, welcoming and fosters community pride.
Obiectives (2022-20241 2023 Priorities
lncreose in
investment by
merchonts,
property owners
ond BID members
Item # 12.
s/"ffi 6rass Valley Downtown 2022 -2024 Stratetic Plan Brood-base Goals, Thrce-Yeat Objectives ond 2023 Priorities
4 Obiectives (2022-2024)
Continue acting as a mentor/
ambassador for entrepreneurs
interested in opening
businesses in Downtown.
Welcome new businesses,
introduce them to the benefits
of GVDA and get them involved
Reinvigorate Cu rrent Mem ber
Base to actively participate and
volunteer within the
organization.
Work with property owners to
address key opportunity sites
(vacancies).
E Continue to promote business trainings and resources through GVDA communication venues (Block Captain program, website, email blasts, social media) E Assistwithcollectingannualreinvestmentfiguresandlookforwaystopromote them
Focus on the BID process with the City to ensure all businesses are paying dues Strengthen communication with the downtown property owners and BID Members Focus on including BID members who aren't located in the T Continue Monthly Merchant and Committee Meetings
Visit all new businesses and provide them with information about the GVDA 2023 Priorities
Assessment . Delinquencies . Education
Maintain vacancy listings
tr
o
tr
tr
Expected Outcomes
Net new jobs
creoted
lncreose in privote
investment
lncreose in public
investment
lncreose
engagement in the
orgonizotion vio
committee
porticipotion
Net new
businesses
GOAL: Strengthen and broaden downtown's economic base to sustain a financially, viable business district that appeals to locals and visitors alike, Support a healthy, wellbalanced business mix focusing
on maintaining a strong retail
sector.
. Re-instate Board Blocks to communicate with individual business and property owners
Item # 12.
G/ Grass Valley Downtown 2022 - 2024 Slrctegic Plan Brood-bose Gools, Three-Yeor Objectives and 2023 Ptiorities
Expected Outcomes
lnvigorote Events Colendor
Grow eve nt profitobility
Cohesive social medid,
morketing strotegy in
tondem with GGVCC ond
City oI Gross Volley
lncredsed visitotion ond
commerce
E nho nce d co I lo bo ratio n
with commun ity portners
Obiectives (2022-2024)
Continue to evaluate the GVDA'5
Annual Calendar of Events and look
for opportunities to raise profitability
from each event, keep them fresh
and attract the desired demographic.
Foster collaboration with partnering
organizations
Consistently market downtown
Grass Valley using a variety of tactics
E Add new events to the Event Calendar
o Heart ofthe Town Valentine's Open House and Local For Locals E Re-envision/E n ha nce St. Piran's and 4th of July events E Elevate all current events to curate a thoughtful, engaging and excitin8 experience for attendees.
E Meet or exceed budgeted profits from all calendared events on ca le nd ar
E Continue to leverage the California Cultural District Designation as a marketing tool
Continue with a robust Marketine/Promotion strateev- Focus on newsletter, social media postings-;nd website
2023 Priorities
U
5 GOAL: Promote downtown as the Heart of the Community and suppon events and activities that appeal to locals, families and visitors E Work with local organizations to enhance events and foster strong relationships with community partners.
Item # 12.
G/ .Y
Grass Valley Downlown 2022 - 2024 Strategic Plan Brcad-bdse Godts, Thrce-Yeor Objedives and 2023 Ptiotities
Objectives (2022-2024)
Expand the staffing power and
operations to meet the demands of the
program.
Sustain an engaBed Board of Directors
that represents a solid cross-section of
the downtown stakeholders.
Continue to develop the orBanizational
infrastructure to support operations
and engage interested volunteers,
partners and downtown merchants
E Execute partnership with GGVCC
E Brown Act Compliance
E Video record Board Meetings
E Hire staffto support our organizational needs
E Actively participate in the MillStreet Closu re a nd Pedestrian Plaza Master Plan project
E Board members to participate in Brown Act and Board Training tr Update Strategic Plan
E Annua I Membership Meeting
E Support and empower active committees that are led by Chairs E Reinvigorate Member participation at committee and event levels E Continue to evaluate all memberships, contracts, etc. to reduce unneeded expenses
fl Continue to maintain and grow partnerships and collaborations 2023 Priorities Expected Outcomes
More elfective ond
ejficient Boord
meetings
lncredse in number
of stokeholders and
portners
volunteering on
committees ond
octivities.
New volunteers
reoched
lncreosed volunteer
hours invested in
Downtown
lncreosed funding
6 GOAL: Manage an efficient, sustainable and well-respected organization that is recognized as the advocate for Downtown Grass Valley
Item # 12.
Cil"A# Grass Valley Oowntown 2022- 2023 Strategic Plan Broad-base Gools, Three-Yeor Objedives and 2023 Priorities
Obiectives (2022-2024)
Fine tune the GVDA internal
financial inf rastructure
lncrease collection of reven ue
due from BID mem bersh ips
Grow our sponsorship program
Research and su bmit proposals
for appropriate grant and/or
other fu nding opportunities.
E Establish2023 Budget
fl Develop a plan for colleding past due assessments
E Leverage the newly reinstated 501(C)3 Foundation to identify educational grants to enhance event experience
E Create significant sponsor opportunities for all events E Continue to align projects with possible partnership
opportunities
2023 Priorities
Stoy current on dll stote &
federolfilings
lncreose in revenue from event
sponsorships
8 Goal: Establish a sustainable and diverse funding base to match the organizational programs and operational needs Expeded Outcomes
. 100% BID ossessments collected
lncreose in revenue through
grant ond/or funding
opportunities
Item # 12.
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Item # 12.
lntroduction
The Grass Valley Downtown Association is a 501 C
4 Not for Profit organization that provides the 240+
downtown businesses located within the Business
lmprovement District (BlD) boundaries with a
unified voice and an umbrella organization that
concerns itself with those issues impacting the
downtown area.
The GVDA operates under the National Main Street
Four Point Approach to downtown revitalization that
are key to sustaining and enhancing a vibrant,
strong, healthy commercial business d istrict.
2 Annual Revlew
E
a
Aptil 17,2023
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Item # 12.
Our Team
GVDA and GV Chamber - We're Engaged!
Robin Galvan Davies
Executive l\4anager
3 Annual Revlew April 11, 2023
.Lillie Robertson,
Chairperson
.Joy Porter,
Vice Chairperson
.Debbe Blakemore,
Treasurer
.Alyssa Orellana,
Secretary
.Sue Amick,
.Board Director
.Nicole Arbaugh,
.Board Director
.CraigHamilton,
.Board Director
Mary Ann Boyer
l\4ember Outreach, Event
Support
Rachel Rodgers
Media Coordinator, Event
Support
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Item # 12.
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Item # 12.
HERE'S
TO NEW
BEGINNINGS I
O RGAI{ IZATIO N. Operational
Highlights and Accomplishments
Entered into a management agreement
with the GGVCC to allow for a revamp of
our orga nization.
Received a 569,000 ARPA Grant from
County of Nevada
Ensured our organization was adhering to
all Brown Act Laws governing our nonprofit
Moved the office to new location and
digitized all files
Cleaned up our book-keeping system so it
was accurate and usable. Filed back tax
retu rns
Reinstated our Foundation in order to
pursue grants in 2023 and onward
The alliance with the Ghamber has increased the
GVDAs capacity and resiliency. Our organization is
now able to thrive in all aspects of carrying out our
goals and objectives.
Bank of the West
cial Document Delive
a
a
a
a
a
5 Annual Revlew Aptil 77,2023
This past year we delved deep into our organizationalfootprint. We cleaned, cleared, reinvented and rebuilt this pillar of the GVDA. We transitioned ttie organization from dying to thriving.
Item # 12.
lmproved the Overall Physical Appearance of the Downtown Business District lnvested 58,000 for Pigeon mitigation in downtown.
One hundred and sixty-six pigeons were humanely
captu red and relocated.
Spent 53425 for Christmas light-scape repairs along
roof lines on Mill and Main streets, including City
H all
Worked with the City and Chamber to help plant
flowers
Lobbied for way-finding signs for parking areas
and the informational kiosk installed on Mill St to
share information with Merchants and
Community Members
Actively participated in the Mill Street Redesign
Project.
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We can't wait for the Mill Street proiect to
be completed. !t's going to be beautiful!
6 Annual Revlew Aptit 17,2023
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DESIGN-Beautification Highlights
and Accomplishments
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Item # 12.
ECOItIOtIG VITALITY H I ghllghts
and Aecompllrhmentt
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AnnualReYlew Aptil !7,2023
Reinvigorated the organization with a strong,
working board and committee participation:
9 Members - Economic Vitality Committee
6 Members - Promotions Committee
5 Members - Design Committee
Acted as liaison for property owners and potentially
interested parties to help fill vacancies
Working diligently to create value in the BID of
which our membership and community partners
can be proud.
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MERCHANT SPOTLTGHT
Cil4A
Assisted with the Retention of Businesses in Downtown
r Welcomed 21 new businesses to downtown
. Host merchant meetings that are well attended by our
BID and the City
. Launched Monday Merchant Memos- better
communication wlth our members
. 720 subscribers with a 49-53% open rate
. Feature a "Merchant Spotlight" and BID member
news each week
7
Item # 12.
PROUOTIONS- Events and Harketlng
Highlights and Accomplishments
Reformatted and Curated high-quality events that were profitable Reformatted our signature events and increased
sponsorship by 5OO% ovet 2022
Developed a format for each event, including usable
templates, branded advenising materials, and easy to
understand vendor, expense and profit records to simplify reproducing in future years
2022 Cornish Christmas was the busiest the street has
ever been. The Union's photos are a testament to how
crowded it was!
Elevated our most wellknown event with a $3,300
investment in new props including Santa's sleigh and
chair.
Car show: 218 participants, lncreased sponsorship by
$7680 and profits by 1OO%
Brew Fest 600 attendees lncreased sponsorship by
1OO% and profits by 1O0%. 3 top title sponsors have
already recommitted fot 2023
Hosted Holiday Open House, which merchants reported
was in their top 3 most profitable days of the year
Other successful community focused events included:
Thursday Night Markets, July 4th festivities, The Side,r'r'alk Sale, St Piran's Day and Donation Day Parade.
Showcased our BID merchants, and a thriving
downtown shopping and enteftainment district
through elevated events
8 Annual Revlew Altil al, 2023
Item # 12.
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Item # 12.
Goals for 2023^
Organizational Priorities
. Define a formal Strategic
Alliance with the GGVCC
Beautification Priorities
Continue to be the frontline cheerleaders of the
redesign project
Advocate and
participate in the
ongoing discussions
regarding parking and
permanent bathrooms
Pigeon M itigation
Economic Priorities
lncrease our profit margin
by LO%
ldentify grant opportunities
to leverage our newly
reinstated 5Ol-C3
Social media/branding
workshops for members
Event Priorities
lncrease profitability of
each event by at least 10%
Launch two new signature
events
. Locals for Locals
. Day of the Dead
Rectify the BID list used
to identify member and
educate those who are
not currently paying their
d ues
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Item # 12.
Looking ahead
We are re-creating our program of work to provide value in the contributions we make to our members and community.
Having completed a year of restoring the Grass Valley Downtown Association, we are dedicated to achieving a sound and
sustainable financial platform, attaining organizational clarity and polishing our exceptional calendar of events, and ultimately, to showcase Downtown Grass Valley as the crown jewel of Western Nevada County.
Thank you for yourtimel
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Item # 12.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Development Impact Fees – Draft Capacity and Impact Fee Studies CEQA: Not a Project
Recommendation: That Council 1) receive a presentation on the Water and Wastewater Capacity Fee study process and findings, 2) receive a presentation on the Development Impact Fee study process and findings 3) set a public hearing for June 27, 2023 for the AB1600 update of Water, Wastewater and Development Impact Fees.
Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 5/9/2023 Date Prepared: 5/3/2023
Agenda: Administrative
Background Information: In September 2021, the City entered into a professional services agreement with NBS for the preparation of a Development Nexus and Impact Fee Study, as well as a Water and Sewer Rate Study which will be discussed in a separate item. Two studies were prepared simultaneously for the Impact Fee portions, one for Water and Wastewater Capacity Fees and one for Development Fees for all other City facilities, including Parks, Fire, Police, General Facilities and Storm Drainage Improvements. The studies seek to analyze the impacts of new development on the various types of City capital facilities and systems, and to calculate suitable impact fees based on that analysis.
The Water and Wastewater Capacity Fee report addresses the utility system assets; the treatment facilities, distribution and collection system infrastructure, and the various equipment and vehicles required to operate the system and provide service to users.
Updated AB1600 project lists for both systems were developed based on the projects identified in the system Master Plans and includes those future capital improvement projects required to serve both existing and future development. The report uses a “Combination Approach” which requires new customers to pay both their fair share of existing system assets, as well as their share of the planned future capital improvements needed to provide the necessary capacity in the City’s water and wastewater systems. In short, the proposed Base Capacity Fee is proposed to be adjusted as follows:
Water Capacity Fee increased by 3.4% to $12,077 from $11,681 existing Wastewater Capacity Fee decreased by 26.6% to $9,078 from $12,370 existing The Development Impact Fee study takes a similar approach to analyze all the existing City owned assets and facilities in order to establish an existing level of service as a cost per capita. This cost is then converted into impact fees per unit of future development for each of the specific types of City facilities studied: Parks, Fire, Police, General and Storm Drainage.
Item # 13.
It should be noted that because of provisions in AB 602 incorporated into California law in 2022, impact fees for residential development are now proposed to be based on unit size categories rather than unit type. Additionally, storm drainage impact fees are now calculated as per-acre fees rather than per-unit fees. The land use categories used to calculate storm drainage impact fees are not consistent with the categories of development used for the other impact fees, so storm drainage fees are shown in a separate schedule.
In short, the sum of the proposed impact fees (excluding drainage) for a standard size residential unit (1,200 – 2,100SF) is proposed to be increased 22% from the existing $4,641.50 to $5,681.95, as shown in the summary tables attached to this report.
Staff and the consultant have extensively reviewed the numbers and assumptions in the report in order to minimize the fiscal impact on future development while ensuring a consistent level of service is possible as that development occurs. Staff have met with representatives of the local Contractor’s Association to allow input and listen to their concerns. In sum, when one considers a standard 1,500SF residential home built on a 10,000 square foot lot, with water and sewer services, the proposed total development impact fees paid to the City would be $27,232.37 compared to an existing total cost of $29,515.01, an 7.7% reduction in impact fees.
NBS representatives will give the Council a presentation summarizing the Impact Fee Study process, demonstrating how the proposed fees affect the current typical residential development cost, and the next steps in the implementation process. Staff recommends that Council review the draft impact/capacity fee reports, provide comments to Staff concerning the proposed implementation of the proposed fees and set the public hearing for the adoption of Water, Wastewater and Development Impact Fees.
Council Goals/Objectives: Implementation of the proposed Water and Wastewater Capacity Fees and Development Impact Fees executes portions of work tasks towards achieving/maintaining Strategic Plan Goal #3 – Recreation and Parks, Goal #4 – Economic Development and Vitality, Goal #6 – Public safety and Goal #7 Water & Wastewater Systems & Underground Infrastructure.
Fiscal Impact: The proposed water, wastewater and development impact fees are established based on the capital costs for facilities and other capital assets needed to mitigate the impacts of additional development.
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 13.
ATTACHMENT 1: PROPOSED CITYWIDE IMPACT FEES TABLE
EXISTING CITYWIDE IMPACT FEES TABLE
Item # 13.
ATTACHMENT 2: PROPOSED WATER CAPACITY FEES TABLE
PROPOSED WASTEWATER CAPACITY FEES TABLE
Meter Capacity
(gpm)
Equivalency to
3/4-inch meter
Current Fee $11,681
5/8 inch 30 1.00 $12,077
3/4 inch 30 1.00 $12,077
1 inch 50 1.67 $20,128
1.5 inch 100 3.33 $40,256
2 inch 160 5.33 $64,410
3 inch 320 10.67 $128,820
4 inch 500 16.67 $201,281
6 inch 1,000 33.33 $402,561
8 inch 1,600 53.33 $644,098
1. Meter flow rates are from AWWA M-1 Table B-1.
Meter Size
Standard Meters1
Displacement Meters
Compound Class I Meters
Capacity Fee by
Meter Size
Summary of Capacity Fee Calculation System
Cost Basis
Estimated EDU
Increase
Base Capacity
Fee per EDU
Current Capacity Fee $12,370
Proposed Sewer Capacity Fee $ 15,672,910 1,726 $9,078
Item # 13.
Water & Wastewater
Capacity Fee Study
Draft Report
May 2023
OFFICE LOCATIONS:
Temecula – Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
San Francisco – Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
California Satellite Offices
Atascadero, Davis
Huntington Beach,
Joshua Tree, Riverside
Sacramento, San Jose
www.nbsgov.com Page 124
Item # 13.
Prepared by NBS – May 2023 TOC
Water & Wastewater Capacity Fee Study Report – City of Grass Valley
TABLE OF CONTENTS
Section 1. Executive Summary ............................................................................................... 1 Background and Purpose ............................................................................................... 1 Overview of Capacity Fee Program Methodology ......................................................... 1 Section 2. Water Capacity Fee Study ...................................................................................... 3 Existing Connections and Projected Future Growth ...................................................... 3 Existing and Planned Assets........................................................................................... 3 Adjustments to the Cost Basis........................................................................................ 6 Calculated Capacity Fees – Water Utility ....................................................................... 6 Water Capacity Fee Findings Statements ...................................................................... 8 Section 3. Wastewater Capacity Fee Study........................................................................... 10 A. Existing Connections and Projected Future Growth .................................................... 10 B. Existing and Planned Future Assets.............................................................................. 11 C. Adjustments to the Cost Basis...................................................................................... 12 D. Calculated Capacity Fees – Wastewater Utility............................................................ 14 E. Wastewater Capacity Fee Findings Statements........................................................... 14 Section 4. Recommendations and Next Steps....................................................................... 16 Consultant Recommendations and Next Steps............................................................ 16 Principal Assumptions and Considerations.................................................................. 16 Appendix A. Water Capacity Fee Study Summary Tables...................................................... 17 Appendix B. Wastewater Capacity Fee Study Summary Tables............................................. 19
Item # 13.
Prepared by NBS – May 2023 TOF
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Table of Figures
Figure Page
Figure 1. Current Water Customers..............................................................................................................3 Figure 2. Existing and Projected Service Numbers – Water Utility...............................................................3 Figure 3. Summary of Existing Asset Values – Water Utility.........................................................................4 Figure 4. Planned Assets Allocated to Current & Future Customers – Water Utility ...................................5 Figure 5. Cash Reserves Allocated to Future Customers – Water Utility......................................................6 Figure 6: Debt Service Allocated to Future Customers – Water Utility ........................................................6 Figure 7. Summary of Cost Basis Allocated to Future Customers – Water Utility........................................7 Figure 8. Summary of New Base Capacity Fees – Water Utility ...................................................................7 Figure 9. Updated Water Capacity Fees .......................................................................................................8 Figure 10. Current Equivalent Dwelling Units.............................................................................................11 Figure 11. Existing and Projected Service Numbers – Wastewater Utility .................................................11 Figure 12. Summary of Existing Asset Values – Wastewater Utility ...........................................................12 Figure 13. Planned Assets Allocated to Current & Future Customers - Wastewater Utility ......................12 Figure 14. Cash Reserves Allocated to Future Customers – Wastewater Utility........................................13 Figure 15. Debt Service Allocated to Future Customers – Wastewater Utility...........................................13 Figure 16. Summary of Cost Basis Allocated to Future Customers – Wastewater Utility ..........................14 Figure 17. Summary of New Base Capacity Fee – Wastewater Utility .......................................................14
Item # 13.
Prepared by NBS – May 2023 1
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Section 1. Executive Summary
Background and Purpose
The City of Grass Valley retained NBS to conduct a water and wastewater capacity fee study in conjunction with the recent water and wastewater rate study for two primary reasons: (1) to ensure that the fees are updated to comply with legal requirements and industry standards, and (2) to ensure that these fees reflect the cost of capital infrastructure needed to serve new connections, or any person requesting additional capacity in the City’s water and/or wastewater utility (referred to throughout as “future customers”).
The fees updated in this study are commonly referred to as “connection fees,” “capital facility fees,” “system development charges,” or in this case, “capacity fees.” The terms are often used interchangeably, and California Government Code Section 66013 defines these types of fees (referred to as a “capacity charge”) as a one-time “charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities.”
It authorizes public agencies to impose capacity fees on customers connecting to or upsizing their connection to the water and/or wastewater systems. The fee is intended to ensure that they pay their fair share of existing utility asset costs plus the costs of new facilities needed to serve them. In its simplest form, capacity fees are the result of dividing the cost (or value) of the current system assets plus planned capital improvements, by the expected number of future customers. As a result, future customers connecting to the City’s water and/or wastewater utilities would enter as equal participants along with current customers regarding their financial commitment and obligations to the utilities.
Whereas water and sewer rate increases imposed on existing customers require a protest ballot under Proposition 218, capacity fees do not because they are considered an appropriate funding mechanism for facilities that benefit new development. These fees may be imposed by a majority vote of the governing legislative body, which in this case is the Grass Valley City Council. This report provides the documentation and findings necessary for the adoption of the proposed capacity fees.
Overview of Capacity Fee Program Methodology
Various methodologies have been and are currently used to calculate water and wastewater capacity fees. The following lists the most common methodologies from the American Water Works Association’s Principles of Water Rates, Fees and Charges1, also referred to as Manual M1:
The value of existing (historical) system assets, often called a “system buy-in” methodology.
1 Principles of Water Rates, Fees, and Charges, Manual of Water Supply Practices, Manual M1, American Water Works Association (AWWA), Seventh Edition, 2017.
Item # 13.
Prepared by NBS – May 2023 2
Water & Wastewater Capacity Fee Study Report – City of Grass Valley The value of planned future improvements, also called the “incremental” or “system development” methodology.
A combination of these two approaches.
This analysis uses the “Combination Approach,2” which requires new customers to pay both their fair share of existing system assets as well as their share of the planned future capital improvements needed to provide them with capacity in the City’s water and wastewater systems.
In its simplest form, capacity fees are calculated by dividing the costs allocated to future development by the anticipated number of units for new development as defined below:
Costs of planned future facilities and improvements required to serve new development are those that can reasonably be allocated to future development. The number of new units (i.e., growth) are those units projected to occur within the timeframe covered by the capacity fee analysis.
Capacity fees are one-time fees intended to reflect the cost of existing infrastructure and planned improvements available to new services, which place new utility customers or existing customers requesting an increase in service capacity on equal basis from a financial perspective with existing customers. Once new customers are added to the system, they then incur the obligation to pay the same service charges or water and wastewater rates that existing rate customers pay.
This capacity fee study and the recommended fees assume a given level of development activity over the course of the study period based on data available from the City’s 2016 Water System Master Plan. The development that occurs may result in both different impacts and fee revenues than those that are calculated in this study. For that reason, regular updates are recommended to adjust the fees to match the needs created by the rate of actual development.
In developing the proposed fees, NBS worked cooperatively with City staff. The fees presented in this study reflect input provided by City staff regarding financial matters, available capacity in the water and wastewater systems, existing asset values, and planned capital improvements.
Sections 2 and 3 discuss in more detail the development of the water and wastewater capacity fees and presents the updated fees recommended for new and upsized connections.
2 Method of calculating capacity fees (also known as System Development Fees, Connection Fees, Capital Facility Fees) are set forth in the American Water Works Association’s Principles of Water Rates, Fees and Charges Seventh Edition (2017) pages 311 to 347.
Item # 13.
Prepared by NBS – May 2023 3
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Section 2. Water Capacity Fee Study
Existing Connections and Projected Future Growth
The City currently has approximately 2,453 equivalent 3/4-inch water meters connected to the water system. For the purpose of this study, 5/8-inch meters are treated the same as 3/4-inch meters; which is a common industry practice when setting rates and fees for smaller meter sizes. Figure 1 shows the current number of equivalent meters connected to the system by customer class.
Figure 1. Current Water Customers
Figure 2 shows the existing and projected service numbers for the water utility. The anticipated future connections are based on the City’s projected water demand from the 2016 Water Master Plan. Using the projected water demand as a proxy to calculate the anticipated addition of water service accounts, new customers will be allocated about 13% of existing assets, planned assets, cash and debt in the capacity fee calculation, as shown in Figure 2.
Figure 2. Existing and Projected Service Numbers – Water Utility Existing and Planned Assets
The capital assets addressed in this study include existing assets and planned capital improvements (i.e. the system buy-in and incremental assets). An important aspect of this study is how the value of existing utility assets is determined. For example, the purchase price does not account for wear and tear, and current book value (i.e., purchase price less accumulated depreciation) typically underestimates the “true value” of facilities as it does not account for cost increases over time. Therefore, this study uses the replacement-cost-new-less-depreciation (RCNLD) approach summarized in Figure 3 to estimate existing asset values that reflects estimated cost inflation and depreciation.
Residential 1,510
Multi Family Residential 376
Commercial Institutional 372
Manufacturing Industrial 13
Open Space/Public 51
Office Professional 131
TOTAL 2,453
1. Existing unit estimates from the 2016 Water System Master Plan.
Source file: rpt_wmp_grass_valley_FINAL_PRINT_20160520.pdf Demographic Statistics Existing
Units
Existing
Customers
New
Customers
Projected
Demand
%
Increase
Projected Annual Water Demand 387 MG 445 MG 87.0% 13.0% 58 MG 15.0% Water Service Accounts 2,453 2,821 87.0% 13.0% 368 15.0%
1. Projected water demand estimates from the 2016 Water System Master Plan. Source file: rpt_wmp_grass_valley_FINAL_PRINT_20160520.pdf % Allocation Factors Cumulative Change Buildout
Total1 Demographic Statistics Existing
Item # 13.
Prepared by NBS – May 2023 4
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 3. Summary of Existing Asset Values – Water Utility The RCNLD is calculated by escalating the book value of existing assets to current-day values using inflation factors from the Handy-Whitman Index of Public Utility Construction Costs for Water Utility Construction.
Figure 3 summarizes the System Buy-In Cost Basis by Asset Category for the water utility. For this analysis, assets that have exceeded their useful life (as defined in the City’s asset records) were considered to have no remaining value. This approach was used for all assets, except land, which does not depreciate.
The system cost basis was allocated to current customers based on the 87% allocation factor previously shown in Figure 2. Figure 3 shows the allocation of the $17.9 million system buy-in costs to current and future customers. Future customers are allocated approximately $2.33 million of the existing water utility assets, or about 13%.
The cost estimates for planned future improvements used to calculate the system development component of the capacity fees are allocated using the same allocations factors developed in Figure 2, as these projects benefit both current and future customers. Figure 4 includes a list of future capital improvement projects; where future customers are allocated about $2.2 million of the planned capital costs.
The City may have additional capital projects that are needed to serve future developments, and the costs of such projects may be recovered through a development agreement. This will be evaluated on a case by case basis as part of the development review process.
Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
WATER TREATMENT PLANT $ 9,752,134 87.0% 13.0% $ 8,481,070 $ 1,271,065 TANKS 502,719 87.0% 13.0% 437,196 65,523
MAINS & HYDRANTS 7,570,596 87.0% 13.0% 6,583,866 986,729 WATER MACHINERY & EQUIPMENT 120,778 87.0% 13.0% 105,036 15,742 Total Capital Facilities & Equipment $ 17,946,227 87.0% 13.0% $15,607,168 $ 2,339,059
1. Source file for Grass Valley current water assets as of July 2021: Fixed Assets & Deprc. FY 2020-21_JT.xlsx
2. Based on proportionate allocation between existing and future users. See Table 2 in Exhibit 1 for demographic expectations.
Asset Category1
System
Buy-In
Cost Basis
Allocation Basis (%)2 Distribution of Cost Basis ($)
Item # 13.
Prepared by NBS – May 2023 5
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 4. Planned Assets Allocated to Current & Future Customers – Water Utility Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
Replace 4" on E. Main Street. Install 6"
pipeline, and hydrants $ 260,000 Future 0.0% 100.0% $ - $ 260,000 Replace 2" steel line $ 80,000 Current/Future 87.0% 13.0% $ 69,573 $ 10,427 Replace water main with 8" water main,
extend 2" water line and connect 2
parcels
$ 140,000 Future 0.0% 100.0% $ - $ 140,000
Upgrade to 2", no hydrant $ 80,000 Future 0.0% 100.0% $ - $ 80,000 Construct 4 new services with meters $ 30,000 Current/Future 87.0% 13.0% $ 26,090 $ 3,910 Eliminate dead end system on Kendall St. $ 210,000 Current/Future 87.0% 13.0% $ 182,629 $ 27,371 Replace 4" line and tie to 6" line $ 130,000 Current/Future 87.0% 13.0% $ 113,056 $ 16,944 Replace 2" steel like with 8" line $ 230,000 Future 0.0% 100.0% $ - $ 230,000 Replace 2" and tie in to 12" $ 230,000 Current/Future 87.0% 13.0% $ 200,022 $ 29,978 Replace with 6" pipe Maryland Dr. $ 250,000 Current/Future 87.0% 13.0% $ 217,416 $ 32,584 Upgrade to 6" North Church St. $ 250,000 Current/Future 87.0% 13.0% $ 217,416 $ 32,584 Upgrade to 6" on Temby St. $ 160,000 Current/Future 87.0% 13.0% $ 139,146 $ 20,854 Reround line from Wood St to N. Auburn $ 90,000 Current/Future 87.0% 13.0% $ 78,270 $ 11,730 Install new pipelines to increase Fire flow $ 1,100,000 Current/Future 87.0% 13.0% $ 956,629 $ 143,371 Install new 6" pipeline at Cornwall $ 100,000 Current/Future 87.0% 13.0% $ 86,966 $ 13,034 Upgrade to 8" at Stacy Ln. $ 300,000 Current/Future 87.0% 13.0% $ 260,899 $ 39,101 Install new booster pump and check
valves $ 260,000 Current/Future 87.0% 13.0% $ 226,112 $ 33,888 Rehab Empire Tank coating systems $ - Current/Future 87.0% 13.0% $ - $ - Remove and waste existing booster
pumps
$ 10,000 Current/Future 87.0% 13.0% $ 8,697 $ 1,303
Piping upgrades for new pumps $ 40,000 Current/Future 87.0% 13.0% $ 34,787 $ 5,213 Install flow control valve on new pump
discharge $ 20,000 Current/Future 87.0% 13.0% $ 17,393 $ 2,607 Install new booster pumps $ 260,000 Current/Future 87.0% 13.0% $ 226,112 $ 33,888 Upsize downstream main $ 270,000 Current/Future 87.0% 13.0% $ 234,809 $ 35,191 Install new booster pump for Empire Ct. $ 260,000 Current/Future 87.0% 13.0% $ 226,112 $ 33,888 Booster pump check valves $ 110,000 Current/Future 87.0% 13.0% $ 95,663 $ 14,337 Install streaming current monitor in
influent channel $ 60,000 Current/Future 87.0% 13.0% $ 52,180 $ 7,820 Install flow control valve on raw water
influent line $ 140,000 Current/Future 87.0% 13.0% $ 121,753 $ 18,247 Replace Flocculator Paddles $ 550,000 Current/Future 87.0% 13.0% $ 478,315 $ 71,685 Replace catwalks between flocculation
and sedimentation basins $ 480,000 Current/Future 87.0% 13.0% $ 417,438 $ 62,562 Repair cracks in sedimentation basin $ 200,000 Current/Future 87.0% 13.0% $ 173,933 $ 26,067 Replace filter media and repair filter basin
walls $ 230,000 Current/Future 87.0% 13.0% $ 200,022 $ 29,978 Replace filter underdrain and overflow
troughs (requires inspection of existing
facilities)
$ 350,000 Current/Future 87.0% 13.0% $ 304,382 $ 45,618 Upgrade plant water system - pumps
hydropneumatics, etc. ( requires
inspection of existing facilities)
$ 590,000 Current/Future 87.0% 13.0% $ 513,101 $ 76,899 Replace sodium hypochlorite tank $ 100,000 Current/Future 87.0% 13.0% $ 86,966 $ 13,034 Install sunshade structure over chemical
storage tanks $ 200,000 Current/Future 87.0% 13.0% $ 173,933 $ 26,067 Stormwater sump improvements at
treated water storage tanks $ 200,000 Current/Future 87.0% 13.0% $ 173,933 $ 26,067 Water recycle pumps in storage basin $ 280,000 Current/Future 87.0% 13.0% $ 243,506 $ 36,494 Ongoing generator maintenance program $ 40,000 Current/Future 87.0% 13.0% $ 34,787 $ 5,213 Install paperless recorders to replace
chart recorders $ 130,000 Current/Future 87.0% 13.0% $ 113,056 $ 16,944 Upgrade plant SCADA system $ 240,000 Current/Future 87.0% 13.0% $ 208,719 $ 31,281 Future Projects 3 $ 2,465,833 Current/Future 87.0% 13.0% $ 2,144,444 $ 321,390 Total $ 11,125,833 81.4% 18.6% $ 9,058,264 $ 2,067,569
1. Estimated capital improvement project costs found in source files: rpt_wmp_grass_valley_FINAL_PRINT_20160520.pdf, Appendix
2. Costs allocated to current and future determined in City CIP file.
3. Future projects estimated at $750,000 annually starting in FY 32, and future customers are estimated to be responsible for 25% of total costs through FY 2042.
Capital Project Description1
Future Cost
Estimate
(thru 2042)1
Funding Source1
% Allocation Distribution of Cost Basis ($) 2
Item # 13.
Prepared by NBS – May 2023 6
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Adjustments to the Cost Basis
Before the capacity fees are developed, an adjustment is applied to the cost basis to account for existing cash reserves and outstanding debt. Existing cash reserves are treated as an asset because they were funded by current customers and are available to pay for capital and/or operating costs of the water utility that future customers will benefit from, once connected. The cash reserves are, in a sense, no different than any other water utility asset. The existing cash reserves allocated to current and future customers are summarized in Figure 5 using the same percent allocation factors from Figure 2. Future customers are credited about $442,000 of cash reserves.
Figure 5. Cash Reserves Allocated to Future Customers – Water Utility Since new connections pay their share of existing asset values, including the debt payments on those same assets would double count the asset values included in the capacity fees. Therefore, future customers are credited approximately $408,000 is credited towards future customers as shown in Figure 6.
Figure 6: Debt Service Allocated to Future Customers – Water Utility Calculated Capacity Fees – Water Utility
The sum of the existing and future planned asset values (i.e., the system buy-in and system development costs), along with the adjustment for cash reserves, defines the total cost basis allocated to future customers. Figure 7 summarizes this calculation.
Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
Un-restricted Reserves
Water Operating Reserve Fund $ 2,054,755 87.0% 13.0% $ 1,786,944 $ 267,811 Working Capital Reserve Fund $ 325,000 87.0% 13.0% $ 282,640 $ 42,360 System Reinvestment Reserve Fund $ 360,663 87.0% 13.0% $ 313,655 $ 47,008 Emergency Reserve Fund $ 300,000 87.0% 13.0% $ 260,899 $ 39,101 - -
Restricted Reserves
Debt Service Reserve Fund2
$ 350,761 87.0% 13.0% $ 305,044 $ 45,717
Connection Fee Reserve Fund3
$ - 87.0% 13.0% $ - $ -
Total Beginning Cash $ 3,391,179 87.0% 13.0% $ 2,949,183 $ 441,996
1. Beginning cash balance for the Water Fund is found in trial balance. Source File: Trial Balance - Water_Sewer as of 092021.pdf Cash Balances for individual funds from City staff: Email from Dec. 9, 2021
2. Beginning cash balance for two debt reserves from City staff: Email from Dec. 9, 2021
3. Connection fees are used for applicable items each year as they are collected.
Connection Fee revenue from current budget: Water_Sewer Budget Report FY2021-22.pdf $ - Allocation Beginning
Cash1
% Allocation
Cash Reserves
Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
2020 Pension Bonds - Capital One $ 842,306 87.0% 13.0% $ 732,522 $ 109,784 Municipal Finance Corporation - Solar Equipment Lease $ 368,336 87.0% 13.0% $ 320,328 $ 48,008 Bank of America Leasing - Automated Meter Reading $ 834,880 87.0% 13.0% $ 726,065 $ 108,816 State of California Safe Drinking Water Loan $ 1,090,791 87.0% 13.0% $ 948,620 $ 142,170 Grand Total $ 3,136,313 87.0% 13.0% $ 2,727,535 $ 408,778
1. Grass Valley debt schedules for water funds in source file: Water & Sewer Debt Schedules - June 30, 2020.xlsx $ - Allocation
Bond Issue Outstanding
Principal
% Allocation
Item # 13.
Prepared by NBS – May 2023 7
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 7. Summary of Cost Basis Allocated to Future Customers – Water Utility The total adjusted cost basis is then divided by the number of future customers, measured in 3/4-inch meter equivalents, expected to connect to the water utility (that is, the 368 meter equivalents) in order to determine the base capacity charge for a 3/4-inch water meter. This calculation is shown in Figure 8.
Figure 8. Summary of New Base Capacity Fees – Water Utility Based on the combined system buy-in and incremental capacity fee methodology, and the assumptions used in this analysis, NBS has calculated the new water capacity fees by meter size, as shown in Figure 9.
The updated fees represent the maximum that the City can charge for new connections.
Larger meters have the potential to use more of the system’s capacity, compared to smaller meters. The potential capacity demanded by each meter is proportional to the maximum hydraulic flow through each meter size as established by AWWA’s hydraulic capacity ratios. The hydraulic capacity ratios (also known as flow factors, or meter equivalencies) used in this study are shown in the second column of Figure 9.
The maximum flow rate, in gallons per minute (gpm) for each size meter is used to determine the number of equivalent 1-inch meter units currently connected to the water system.
For example, a 2-inch meter has a greater capacity, or potential peak demand than a 3/4-inch meter. The “equivalency to a 3/4-inch meter” is calculated by dividing the maximum capacity or flow of larger meters by the capacity of the base (3/4-inch) meter size. The meter capacity factors shown in Figure 9 are the ratio of potential flow through each meter size compared to the flow through a 3/4-inch meter. For instance, column three in Figure 9 shows that the equivalency of a 2-inch meter is 3.20 times greater compared to a 3/4-inch meter.
The actual number of meters by size is multiplied by the corresponding meter equivalency to calculate the total number of equivalent meters. The number of equivalent meters is used as a proxy for the potential demand that each customer can place on the water system. A significant portion of a water system’s peak capacity, and in turn the utility’s fixed capital costs, is related to meeting system capacity requirements. Therefore, the capacity fee for a new connection will be proportional to the service’s meter equivalence.
System Asset Values Allocated to Future Development
Costs Included in Existing System Buy-In:
Existing Assets1
$ 2,339,059
Planned, Future Capital Projects2
2,067,569
Total: Existing & Future System Costs $ 4,406,628
Adjustments to Cost Basis:
Cash Reserves3
$ 441,996
Outstanding Long-Term Debt (Principal)3
(408,778)
Total: Adjustments to Cost Basis $ 33,218
Total Cost Basis for New Development $ 4,439,847
Summary of Capacity Fee
Calculation
Adjusted
System
Cost Basis
Build-Out Total
(Units)
Base Capacity
Fee
Proposed Capacity Fee $ 4,439,847 368 $12,077
Item # 13.
Prepared by NBS – May 2023 8
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 9. Updated Water Capacity Fees
Water Capacity Fee Findings Statements
The new water capacity fees calculated in this report are based on regulatory requirements and generally accepted industry standards, and further detailed in Appendix A. This study concludes the following findings:
The purpose of the City’s water capacity fee is to ensure that new and upsized connections reimburse and/or mitigate a reasonable portion of the City’s planned capital investment projects.
These investments benefit and/or are necessary to accommodate the increased demand for water service.
The City uses capacity fee proceeds to fund capital investments in the water system, which include the future design and construction of planned facilities. Capacity fees for new water customers vary depending on the size of the water meter serving the connection. Meter size is generally proportionate to the demands that a parcel places on the water utility system, specifically the peaking requirements related to the meter size. The City has made investments in water infrastructure and plans to invest further in expanded and upgraded facilities. These investments make possible the availability and continued reliable provision of utility service of high-quality water sufficient to meet the demands of growth within the City’s service area.
Without capital investment in existing facilities, the water system capacity available to serve the needs of future connections would be uncertain. Without planned investments in future facilities, water service would not be sustainable at the level of service received by current users.
The total value of planned water system assets that are attributable to serving future connections is identified in Appendix A.
Upon payment of a capacity fee, a new customer incurs the obligation to pay the same ongoing service rates as existing customers, regardless of the date of connection to the system or the Meter Capacity
(gpm)
Equivalency to
3/4-inch meter
Current Fee $11,681
5/8 inch 30 1.00 $12,077
3/4 inch 30 1.00 $12,077
1 inch 50 1.67 $20,128
1.5 inch 100 3.33 $40,256
2 inch 160 5.33 $64,410
3 inch 320 10.67 $128,820
4 inch 500 16.67 $201,281
6 inch 1,000 33.33 $402,561
8 inch 1,600 53.33 $644,098
1. Meter flow rates are from AWWA M-1 Table B-1.
Meter Size
Standard Meters1
Displacement Meters
Compound Class I Meters
Capacity Fee by
Meter Size
Item # 13.
Prepared by NBS – May 2023 9
Water & Wastewater Capacity Fee Study Report – City of Grass Valley actual start of service. These fees ensure that, over time, ongoing service rates are not disproportionately burdened by the accommodation of system growth.
Item # 13.
Prepared by NBS – May 2023 10
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Section 3. Wastewater Capacity Fee Study
The same methodology used to calculate the City’s capacity fees for the water utility was used for the wastewater utility (i.e., a combination of the system buy-in and incremental cost methods). This combination approach requires new customers to pay both their fair share of existing system assets as well as their share of the planned future capital improvements needed to provide them with capacity in the City’s wastewater system. As a result, new customers connecting to the City’s wastewater system would enter as equal participants to the existing customers regarding their financial commitment and obligations to the utility.
The wastewater capacity fees also used the replacement-cost-new-less-depreciation (RCNLD) value of existing system assets to calculate the system buy-in component of the capacity fee. Inflation values from the Handy Whitman Index of Public Utility Construction Costs for Water Utility Construction were used to estimate the replacement value of the existing system assets. NBS believes this is an accurate inflation index and can be used for wastewater utilities.
A detailed summary of the wastewater utility’s capacity fee calculations is included in Appendix B.
A. Existing Connections and Projected Future Growth
Different types of customers have the potential to use more of the wastewater system’s capacity depending on the flow and the strength of wastewater effluent. The potential capacity demanded is therefore proportional to the type of customer (i.e., single-family residential, multi-family residential, Class-A, Class-B, Class-C, or Class-D commercial, etc.).
The number of equivalent dwelling units (EDUs) is used as a variable for the potential demand that each customer can place on the wastewater system. A significant portion of a wastewater system’s capacity and, in turn, the utility’s fixed capital costs, are related to meeting system capacity requirements.
Therefore, the capacity fee for a new service will be proportional to the number of EDUs assigned to each connecting customer.
The result of the analysis on projected future growth summarized in Figure 10 shows that there are currently 4,425 connections to the City’s wastewater system, there are 7,602 EDUs.
Item # 13.
Prepared by NBS – May 2023 11
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 10. Current Equivalent Dwelling Units
The wastewater capacity fee analysis assumes the EDU growth is proportional to the growth of vacant parcels per the 2016 Wastewater Master Plan. The result, as shown in Figure 11, is the expected 1,726 new EDUs which is approximately a 18.5% allocation of costs to these future customers.
Figure 11. Existing and Projected Service Numbers – Wastewater Utility B. Existing and Planned Future Assets
The wastewater utility’s capital assets include existing assets and planned capital improvements (i.e., the system buy-in and incremental assets). As with the water capacity fee, the estimated replacement costs (RCNLD value) were developed as the cost basis for the new wastewater capacity fees.
After adjustments to account for assets that were considered to have no remaining value, the resulting RCNLD value of existing assets are summarized in Figure 12 as the System Buy-In Cost Basis. The RCNLD costs were allocated to existing users based on the 81.5% allocation factor shown in Figure 11 and 18.5% allocation factor for future users). The resulting allocation of existing system assets to existing and future users is shown in Figure 12 where future users are allocated about $11.9 million of existing wastewater assets.
Existing
Number of
Accounts1
Existing
Equivalent
Units (EDUs)1
Single Family/Duplex 3,406 3,542
Multi Family 207 2,465
Mobile Home 2 2
Commercial Base
Class A Usage 562 1,015
Class B Usage 14 223
Class C Usage 59 98
Class D Usage 33 35
GV FLAT 37 59
NID FLAT 51 109
Compound Meter 5 5
NO-CHARGE NID METERS 49 49
Total 4,425 7,602
1. Number of meters and EDUs from November 2021.
Meter Size
Existing
Customers
New
Customers
Population
increase
%
Increase
Vacant Parcel growth 14,910 18,296 81.5% 18.5% 3,386 22.7% Estimated EDU growth 7,602 9,329 81.5% 18.5% 1,726 22.7%
1. Vacant parcel growth estimate for long term estimated in 2016 Wastewater Master Plan.
Estimated EDU growth calculated from the percent allocated to new customers from population growth estimates.
Source file: wastewater_master_plan.pdf, page 3.10
Long Term
Estimated
Growth1
Existing
Total Demographic Statistics
% Allocation Factors Cumulative Change
Item # 13.
Prepared by NBS – May 2023 12
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 12. Summary of Existing Asset Values – Wastewater Utility The estimated cost of planned future improvements is used to calculate the system development component of the capacity fee through FY 2041/42. The City’s current plan is updated annually with the City Budget, so an assumption of $1.5 million in annual CIP is used in future years. Based on the 18.5% allocation factor for a few of the projects, future customers were allocated about $3.2 million of these future capital project costs, as shown in Figure 13.
Figure 13. Planned Assets Allocated to Current & Future Customers - Wastewater Utility C. Adjustments to the Cost Basis
Two adjustments were made to the cost basis to account for existing wastewater cash reserves and outstanding debt. Existing cash reserves are treated as an asset since they are no different than other wastewater assets. The existing cash reserves allocated to future customers is about $985,000, as summarized in Figure 14.
Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
Sewer Fund
Sewer Treatment Plant & Buildings $ 386,879 81.5% 18.5% $ 315,280 $ 71,599 Sewer Treatment Plant Improvements $ 49,223,284 81.5% 18.5% 40,113,641 9,109,644 Sewer Mains $ 13,856,926 81.5% 18.5% 11,292,455 2,564,470 Sewer Machinery & Equipment $ 864,673 81.5% 18.5% 704,650 160,023 Total Capital Facilities & Equipment $ 64,331,762 81.5% 18.5% $ 52,426,026 $ 11,905,736
1. Source file for Grass Valley current sewer assets as of July 2022: Fixed Assets & Deprc. FY 2020-21.xlsx
2. Based on proportionate allocation between existing and future users. See Table 2 in Exhibit 1 for demographic expectations.
Asset Category1
System
Buy-In
Cost Basis1
Allocation Basis (%)2 Distribution of Cost Basis ($)
Exclude
from
Analysis
Existing
Customers
Future
Customers
Exclude from
Analysis
Existing
Customers
Future
Customers
NPDES 2008-13 $ 60,000 100.0% 0.0% 0.0% $ 60,000 $ - $ - Annual Sewer Maintenance 200,000 100.0% 0.0% 0.0% 200,000 - - Annual WWTP Project 1,300,000 100.0% 0.0% 0.0% 1,300,000 - - Slate Creek Life Station 450,000 0.0% 81.5% 18.5% - 366,720 83,280 2018 WWTP Improvements 50,000 0.0% 81.5% 18.5% - 40,747 9,253 Sewer Rate Study 100,000 100.0% 0.0% 0.0% 100,000 - -
Pipeline Improvements 2,780,000 0.0% 81.5% 18.5% - 2,265,512 514,488 Lift Station Improvements 70,000 0.0% 81.5% 18.5% - 57,045 12,955 WWTP Improvements 6,800,000 0.0% 81.5% 18.5% - 5,541,539 1,258,461 Future Projects2
7,125,000 0.0% 81.5% 18.5% - 5,806,392 1,318,608
Total $ 18,935,000 6.7% 57.1% 13.0% $ 1,660,000 $ 14,077,954 $ 3,197,046
1. FY2021/22 capital improvement project costs from budget found in source file: Water_Sewer Budget Report FY 2021-22.pdf, Some assets are excluded because they do not contribute to system growth.
2. Future projects estimated at $1.5 million annually, and future customers are estimated to be responsible for 25% of total through FY 2042.
Capital Project Description1
Future Cost
Estimate
(thru FY41/42)1
% Allocation Distribution of Cost Basis ($)
Item # 13.
Prepared by NBS – May 2023 13
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Figure 14. Cash Reserves Allocated to Future Customers – Wastewater Utility The credit to the cost basis related to outstanding bonds was included because some existing assets were at least partially funded with revenue bonds that will be paid in future years by the existing customers.
Since new connections pay their share of existing asset values, including the remaining outstanding debt principal on those same assets would double count the asset values included in the capacity fees. For this reason, a credit is given for the value of future principal debt payments to avoid this double charging of new customers. Figure 15 shows that the credit provided to future users is about $1.5 million, or about
18.5% of the total outstanding principal costs.
Figure 15. Debt Service Allocated to Future Customers – Wastewater Utility Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
Un-restricted Reserves
Sewer Operating Reserve $ 1,808,699 81.5% 18.5% $ 1,473,967 $ 334,732 Working Capital Reserve $ 850,000 81.5% 18.5% $ 692,692 $ 157,308 System Reinvestment Reserve $ 1,735,887 81.5% 18.5% $ 1,414,630 $ 321,257 Emergency Reserve $ 750,000 81.5% 18.5% $ 611,199 $ 138,801 Glenbrook Sewer Reserve 81.5% 18.5% $ - $ -
Restricted Reserves
Debt Service Reserve2
$ 178,874 81.5% 18.5% $ 145,770 $ 33,104
Wastewater Connection Fee Reserve $ - 81.5% 18.5% $ - $ - Total Beginning Cash $ 5,323,460 81.5% 18.5% $ 4,338,259 $ 985,201
1. Beginning cash balance for the Sewer Fund is found in trial balance. Source File: Trial Balance - Water_Sewer as of 092021.pdf Cash Balances for individual funds from City staff: Email from Dec. 9, 2021
2. Beginning cash balance for two debt reserves from City staff: Email from Dec. 9, 2021
3. Connection fees are used for applicable items each year as they are collected.
Connection Fee revenue from current budget: Water_Sewer Budget Report FY2021-22.pdf $ - Allocation
Beginning
Cash
Cash Reserves 1
% Allocation
Existing
Customers
Future
Customers
Existing
Customers
Future
Customers
$ 16,318 81.5% 18.5% $ 13,298 $ 3,020
$ 2,555,000 81.5% 18.5% $ 2,082,152 $ 472,848
$ 1,058,677 81.5% 18.5% $ 862,750 $ 195,927
$ 230,820 81.5% 18.5% $ 188,103 $ 42,717
$ 2,285,660 81.5% 18.5% $ 1,862,658 $ 423,002
$ 2,257,632 81.5% 18.5% $ 1,839,817 $ 417,815
Grand Total $ 8,404,108 81.5% 18.5% $ 6,848,778 $ 1,555,330
1. Sewer debt found in source files: Water & Sewer Debt Schedules - June 30, 2020.xlsx Bond Issue
Outstanding
Principal1
% Allocation $ - Allocation
2020 Pension Bonds, Capital One - Sewer
13.4%
Enterprise Vehicle Leases
Wastewater Revenue Refunding Bond
SRF - Sewer Plant Expansion
BofA Leasing - Automated Meter Reading
Equipment
Municipal Finance Corporation - Solar
Equipment Lease
Item # 13.
Prepared by NBS – May 2023 14
Water & Wastewater Capacity Fee Study Report – City of Grass Valley D. Calculated Capacity Fees – Wastewater Utility
The sum of the existing and planned asset values (that is, the system buy-in and system development costs), along with the adjustments for existing cash reserves and outstanding principal payments, defines the total cost basis allocated to future customers. Figure 16 summarizes how this cost basis is developed.
Figure 16. Summary of Cost Basis Allocated to Future Customers – Wastewater Utility The total adjusted cost basis is then divided by the number of future customers, measured in EDUs, expected to connect to the system (1,726 EDUs shown in Figure 11). The calculation for the base wastewater capacity fee is shown in Figure 17.
Figure 17. Summary of New Base Capacity Fee – Wastewater Utility E. Wastewater Capacity Fee Findings Statements
The new wastewater capacity fees calculated in this study are based on regulatory requirements and generally accepted industry standards, and are further detailed in Appendix B. This study concludes the following findings:
The purpose of the City’s wastewater capacity fee is to ensure that new connections reimburse and/or mitigate a reasonable portion of the City’s planned capital investments. These investments benefit and/or are necessary to accommodate increased demand for wastewater service.
The City uses capacity fee proceeds to fund capital investments in the wastewater system, which include the future design and construction of planned facilities. All parcels seeking permission to connect to the City’s wastewater system are subject to the wastewater capacity fee, payment of which is a condition of connection approval. Capacity fees for new wastewater customers vary depending on the estimated number of EDUs the connection will serve, which is generally proportionate to the demands a parcel places on the wastewater utility system.
System Asset Values Allocated to Future
Development
Replacement
Cost
Costs Included in Existing System Buy-In:
Existing Assets $ 11,905,736
Planned, Future Capital Projects 3,197,046
Total: Existing & Future System Costs $ 15,102,782
Adjustments to Cost Basis:
Cash Reserves $ 1,555,330
Outstanding Long-Term Debt (Principal) (985,201)
Total: Adjustments to Cost Basis $ 570,129
Total System Cost Basis for New Development $ 15,672,910 Summary of Capacity Fee Calculation System
Cost Basis
Estimated EDU
Increase
Base Capacity
Fee per EDU
Current Capacity Fee $12,370
Proposed Sewer Capacity Fee $ 15,672,910 1,726 $9,078
Item # 13.
Prepared by NBS – May 2023 15
Water & Wastewater Capacity Fee Study Report – City of Grass Valley The City has made investments in wastewater infrastructure and plans to invest further in expanded and upgraded facilities. These investments make possible the availability and continued reliable provision of utility service sufficient to meet demands of growth within the City’s service area.
Without capital investment in existing facilities, the wastewater system capacity available to serve the needs of future connections would be uncertain. Without planned investments in future facilities, wastewater service would not be sustainable at the level of service enjoyed by current users.
Upon payment of a capacity fee, a new customer incurs the obligation to pay the same ongoing service rates as existing customers regardless of the date of connection to the systems or the actual start of service.
Item # 13.
Prepared by NBS – May 2023 16
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Section 4. Recommendations and Next Steps
Consultant Recommendations and Next Steps
NBS recommends the City take the following actions:
Approve and Accept this Study Report: NBS recommends the City Council formally approve and adopt this Study and its recommendations and proceed with the steps outlined below to implement the new capacity fees. This will provide documentation of the study and the basis for adopting the new capacity fees.
Implement New Water and Wastewater Capacity Fees: Based on the analysis presented in this report, the City Councilshould implement the new water capacity fee and new wastewater capacity fee as described in this study.
Periodically Review Capacity Fees: Any time an Agency adopts new fees, they should be periodically reviewed to incorporate new capacity plans, significant repair and replacement projects, or new planning data (i.e. customer growth estimates). This will help ensure the fees generate sufficient revenue to cover the cost of capital projects, support the fiscal health of the City, and future customers bear their fair share of infrastructure costs. NBS also recommends applying an inflation factor to the capacity fees on an annual basis. Annually, the City should review the Engineering News Record’s Construction Cost Indices and calculate the percentage change in construction costs and apply that change to the capacity fees to ensure they keep pace with cost inflation.
Principal Assumptions and Considerations
In preparing this study and the recommendations included herein, NBS has relied on a number of principal assumptions and considerations with regard to financial matters, number of customer accounts, asset records, planned capital improvements, and other conditions and events that may occur in the future.
This information and assumptions were provided by sources we believe to be reliable, although NBS has not independently verified this data.
While we believe NBS’ use of such information and assumptions is reasonable for the purpose of this Study and its recommendations, some assumptions will invariably not materialize as stated herein or may vary significantly due to unanticipated events and circumstances. Therefore, the actual results can be expected to vary from those projected to the extent that actual future conditions differ from those assumed by us or provided to us by others.
Item # 13.
Prepared by NBS – May 2023 17
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Appendix A. Water Capacity Fee Study Summary Tables
Item # 13.
Prepared by NBS – May 2023 18
Water & Wastewater Capacity Fee Study Report – City of Grass Valley (This page intentionally left blank.)
Item # 13.
Prepared by NBS – May 2023 19
Water & Wastewater Capacity Fee Study Report – City of Grass Valley Appendix B. Wastewater Capacity Fee Study Summary Tables
Item # 13.
Final Report
Development Impact Fee Study
DRAFT Final Report
February 28, 2023
nbsgov.com
Prepared by:
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516 Page 146
Item # 13.
Table of Contents
Executive Summary ......................................................................................................................... S-1 Organization of the Report .................................................................................................................... S-1 Development Projections ...................................................................................................................... S-1 Impact Fee Analysis ................................................................................................................................ S-2 Impact Fee Summary ............................................................................................................................. S-4 Chapter 1. Introduction ................................................................................................................... 1-1 Purpose .................................................................................................................................................. 1-1 Legal Framework for Developer Fees .................................................................................................... 1-1 Recent Legislation .................................................................................................................................. 1-6 Impact Fee Calculation Methodology .................................................................................................... 1-8 Facilities Addressed in this Study ........................................................................................................... 1-9 Chapter 2. Development Data ......................................................................................................... 2-1 Study Area and Time Frame ................................................................................................................... 2-1 Development Types ............................................................................................................................... 2-1 Residential Development and Population ............................................................................................. 2-3 Units of Development ............................................................................................................................ 2-3 Demand Variables .................................................................................................................................. 2-3 Demand Factors ..................................................................................................................................... 2-7 Existing and Future Development .......................................................................................................... 2-9 Growth Potential .................................................................................................................................. 2-12 Chapter 3. Park Land and Park Improvements .................................................................................. 3-1 Methodology .......................................................................................................................................... 3-1 Service Area ........................................................................................................................................... 3-1 Demand Variable ................................................................................................................................... 3-1 Existing Facilities and Existing Level of Service ...................................................................................... 3-1 Cost Per Capita ....................................................................................................................................... 3-3 Impact Fees per Unit .............................................................................................................................. 3-5 Projected Revenue ................................................................................................................................. 3-7 Updating the Fees .................................................................................................................................. 3-8 Nexus Summary ..................................................................................................................................... 3-8
Item # 13.
Chapter 4. Fire Protection Facilities ................................................................................................. 4-1 Service Area ........................................................................................................................................... 4-1 Demand Variable ................................................................................................................................... 4-1 Methodology .......................................................................................................................................... 4-2 Level of Service ...................................................................................................................................... 4-2 Facilities, Apparatus and Equipment ..................................................................................................... 4-2 Cost per Call for Service ......................................................................................................................... 4-3 Impact Fees per Unit .............................................................................................................................. 4-4 Projected Revenue ................................................................................................................................. 4-5 Updating the Fees .................................................................................................................................. 4-5 Nexus Summary ..................................................................................................................................... 4-6 Chapter 5. Police Facilities ............................................................................................................... 5-1 Service Area ........................................................................................................................................... 5-1 Demand Variable ................................................................................................................................... 5-1 Methodology .......................................................................................................................................... 5-1 Level of Service ...................................................................................................................................... 5-2 Facilities, Vehicles and Equipment......................................................................................................... 5-2 Cost per Call for Service ......................................................................................................................... 5-3 Impact Fees per Unit .............................................................................................................................. 5-4 Projected Revenue ................................................................................................................................. 5-5 Updating the Fees .................................................................................................................................. 5-5 Nexus Summary ..................................................................................................................................... 5-6 Chapter 6. General Government Facilities ........................................................................................ 6-1 Service Area ........................................................................................................................................... 6-1 Demand Variable ................................................................................................................................... 6-1 Methodology .......................................................................................................................................... 6-1 Level of Service ...................................................................................................................................... 6-1 Facilities, Vehicles and Equipment......................................................................................................... 6-2 Cost per Capita ....................................................................................................................................... 6-4 Impact Fees per Unit .............................................................................................................................. 6-5 Projected Revenue ................................................................................................................................. 6-6 Updating the Fees .................................................................................................................................. 6-7 Nexus Summary ..................................................................................................................................... 6-7
Item # 13.
Chapter 7. Storm Drainage Improvements ....................................................................................... 7-1 Service Area ........................................................................................................................................... 7-1 Methodology .......................................................................................................................................... 7-1 Level of Service ...................................................................................................................................... 7-1 Demand Variable ................................................................................................................................... 7-1 Drainage System Improvements ............................................................................................................ 7-2 Acres of Impervious Surface Area by Development Type ..................................................................... 7-2 Cost per Acre of Impervious Surface Area ............................................................................................. 7-3 Impact Fees Per Unit .............................................................................................................................. 7-4 Projected Revenue ................................................................................................................................. 7-4 Updating the Fees .................................................................................................................................. 7-4 Nexus Summary ..................................................................................................................................... 7-5 Chapter 8. Administrative Fee ......................................................................................................... 8-1 Chapter 9. Implementation ............................................................................................................. 9-1 Adoption ................................................................................................................................................ 9-1 Administration ....................................................................................................................................... 9-2 Requirements Imposed by AB 602 ......................................................................................................... 9-6 Training and Public Information ............................................................................................................ 9-7 Recovery of Administrative Costs .......................................................................................................... 9-7 Appendices
Storm Drain Improvement Project Cost Detail Appendix A
Fee Comparison Appendix B