Grass Valley City Council
June 13, 2023

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, June 13, 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 June 13, 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. Proclamation for June 2023 as Pride Month

2. Proclamation for June 2023 as Small Cities Month
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.

3. Approval of the Regular Meeting Minutes of May 23, 2023.

Recommendation: Council approve minutes as submitted.

4. Local Emergency Proclamation (Drought Conditions)
CEQA: Not a Project.

Recommendation: Drought Conditions proclamation declaring a Local State of Emergency

5. 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

6. Road Maintenance and Rehabilitation Account Funding – Adopt Project List

City of Grass Valley, CA AGENDA June 13, 2023
CEQA: N/A – Not a Project
Recommendation: That Council adopt a Resolution to include Road Maintenance and Rehabilitation Account (RMRA) funding in the Fiscal Year 2023/24 budget and specifying a list of projects to be funded with RMRA funds.

7. Magenta Drain Restoration Project – Authorized Representative Designation CEQA: N/A – Procedural Motion
Recommendation: That Council adopt Resolution 2023-23, designating an authorized representative to execute an agreement with the State of California for a Round 2 IRWM Implementation Grant.

8. CDBG Memorial Park Facilities Improvement Project – Final Acceptance CEQA: N/A – Project is Complete
Recommendation: That Council 1) accept the CDBG Memorial Park Facilities Improvement Project as complete, 2) authorize the City Engineer to execute a change order and process final payment to the contractor for a total contract amount of $5,615,275.70, and 3) Authorize the City Engineer to file a Notice of Completion with the County Recorder.

9. Adoption of five Resolution of Intention to Order Improvements for Landscaping and Lighting Districts (LLD) – Annual Assessments for Fiscal Year 2023-24 and Benefit Assessment Districts (AD) – Annual Assessments for Fiscal Year 2023-24 and set public hearing on June 27, 2023
CEQA: Not a project
Recommendation: It is recommended that the City Council adopt five Resolutions (2023-25, 2023-26, 2023-27, 2023-28, 2023-29) of Intention for Commercial LLD #1988-1, Residential LLD #1988-2, Morgan Ranch Unit 7 A.D. #2003-1, Morgan Ranch West A.D. #2010-1 and Ridge Meadows A.D. and set public hearing on June 27, 2023.

The five Resolutions related to the Commercial and Residential Landscaping and Lighting Districts, the Morgan Ranch-Unit 7 Benefit Assessment District, the Morgan Ranch West Benefit Assessment District and Ridge Meadows Benefit Assessment District are as follows: 1) Resolution of Intention No. 2023-25 to Order Improvements Pursuant to the Landscaping and Lighting Act of 1972 – Assessment District No. 1988- 1, Commercial Landscaping and Lighting District, 2) Resolution of Intention No.2023- 26 to Order Improvements Pursuant to the Landscaping and Lighting Act of 1972 – Assessment District No, 1988-2, Residential Landscaping and Lighting District, 3) Resolution of Intention No. 2023-27 to Order Improvements Pursuant to the Benefit Assessment Act of 1982 (Sections 54703 and following, California Government Code; hereafter the “1982 Act”) – Morgan Ranch – Unit 7 Benefit Assessment District No. 2003-1, 4) Resolution of Intention No. 2023-28 to Order Improvements Pursuant to the Benefit Assessment Act of 1982 (Sections 54703 and following, California Government Code; hereafter the “1982 Act”) – Morgan Ranch West Benefit Assessment District No. 2010-1, and 5) Resolution of Intention No. 2023-29 to Order Improvements Pursuant to the Benefit Assessment Act of 1982 (Sections 54703 and following, California Government Code; hereafter the “1982 Act”) – Ridge Meadows Benefit Assessment District No. 2016-1.

City of Grass Valley, CA AGENDA June 13, 2023

10. Consideration of Waste Management’s annual fee adjustments and new fees for service
CEQA: Not a project
Recommendation: That Council adopt Resolution 2023-22 adjusting service rates to Waste Management’s fee schedule

11. SB 1383 – Purchase Energy Credits to meet requirements CEQA: Not a Project.

Recommendation: That Council 1) approval the concept of the City purchasing Energy Credits to meet the SB 1383 requirements; 2) authorize the City Manager to negotiate and execute an agreement with Desert View Power LLC not exceed $70,000, subject to legal review; and 3) authorize the Administrative Services Director to make any necessary budget adjustments and/or transfers to implement this agreement.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

12. Wolf Creek Trail Project – Environmental Determination CEQA: Initial Study – Mitigated Negative Declaration.

Recommendation: That the City Council take the following actions: 1) Adopt a Mitigated Negative Declaration prepared for the project, as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA) and Guidelines; 2) Adopt a Mitigation Monitoring & Reporting Plan (MMRP), implementing and monitoring all Mitigation Measures in accordance with the California Environmental Quality Act (CEQA) and Guidelines; and, 3) Approve the Wolf Creek Trail Project, as presented.

ADMINISTRATIVE

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, June 13, 2023 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, June 9, 2023.
________________________
Taylor Day, City Clerk

PROCLAMATION

LGBTQ & PRIDE MONTH
JUNE 2023
Whereas, the City of Grass Valley is a welcoming community and exceptional place to love, learn, work, play, and raise a family; and
Whereas, the nation was founded upon and is guided by a set of principles, including that every person has been created equal, that all have rights to their life, liberty and pursuit of happiness, and that all shall be afforded the full recognition and protection of the law; and Whereas, the City of Grass Valley recognizes the importance of equality and freedom, and is dedicated to fostering acceptance of all its citizens and preventing discrimination and bullying based on sexual orientation and gender identity; and
Whereas, the City of Grass Valley is strengthened by and thrives upon the rich diversity of ethnic, cultural, racial, sexual orientation and gender identities of its residents, all of which contribute to the vibrant character of the City; and
Whereas, many of the residents, students, City employees, and business owners within the City of Grass Valley who contribute to the enrichment of the City are a part of the LGBTQ+ community; and
Whereas, June has become a symbolic month in which the LGBTQ+ community and supporters come together in various celebrations of pride; now, therefore, be it NOW, THEREFORE, Be It Resolved that the Grass Valley City Council does herby proclaim the month of June 2023, as “LGBTQ+ Pride Month” annually in Grass Valley and encourage all residents to recognize the contributions made by members of the LGBTQ+ community and to actively promote the principles of equality and liberty.

Dated this 13th day of June 2023
_____________________________ _____________________________ Jan Arbuckle, Mayor Hilary Hodge, Vice Mayor
________________________________
Bob Branstrom, Council Member
____________________________ _____________________________ Haven Caravelli, Council Member Thomas Ivy, Council Member

Item # 1.

PROCLAMATION

SMALL CITIES MONTH
JUNE 2023
Whereas small cities and towns under 50,000 population are the home to millions of Americans and constitute the vast majority of municipalities across the United States; and Whereas small cities and towns strive to strengthen their communities through the provision of services and programs to improve the quality of life for all citizens; and Whereas the federal government is an essential partner in the success of small cities and towns, and must be encouraged to continue to support programs and legislation that strengthen small communities; and
Whereas state governments are partners in the success of small cities and towns, and must be encouraged to continue to support key programs and legislation that strengthen communities; and
Whereas organizations, businesses, and citizens are partners in the success of small cities and towns, and must be encouraged to continue to grow their efforts to make small communities a viable choice for people to live in; and
Whereas during these challenging economic times, the need for a renewed intergovernmental partnership to support essential public services is more important than ever to ensure the safety and growth of small town America; and
Whereas the National League of Cities President and the Small Cities Council of the National League of Cities have declared June 2023 as Small Cities Month; Now therefore, the City Council of Grass Valley does hereby proclaim June 2023, as Small Cities Month, and encourages President Biden, Congress, state governments, organizations, businesses, and all citizens to recognize this event, and to work together this month and throughout the year to invest in small cities and towns to better the lives of all citizens.

Dated this 13th day of June 2023
_____________________________ _____________________________ Jan Arbuckle, Mayor Hilary Hodge, Vice Mayor
________________________________
Bob Branstrom, Council Member
____________________________ _____________________________ Haven Caravelli, Council Member Thomas Ivy, Council Member

Item # 2.

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, May 23, 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 7:02PM.

PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Mayor Arbuckle.

ROLL CALL

PRESENT
Councilmember Bob Branstrom
Councilmember Haven Caravelli
Councilmember Tom Ivy
Vice Mayor Hilary Hodge
Mayor Jan Arbuckle

AGENDA APPROVAL -
Motion made to approve the agenda by Councilmember Ivy, Seconded by Councilmember Branstrom.

Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle

REPORT OUT OF CLOSED SESSION
No report.

INTRODUCTIONS AND PRESENTATIONS

1. Proclamation to Recognize Technical Sergeant Breona Calvert as the Lt. Commander Lou Conter Military Ambassador
Mayor Arbuckle read proclamation and noted that it was presented on May 20, 2023 at Armed Forces Day.

PUBLIC COMMENT -
In person comment: Robin Galvan-Davies, Nicole, Brian Hall.

Virtual Comment: Ariana Lang, Laura Adair

Item # 3.

City of Grass Valley, CA MINUTES May 23, 2023

CONSENT ITEMS -
Motion made to approve consent items by Councilmember Branstrom, Seconded by Councilmember Caravelli.

Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle

2. Approval of the Regular Meeting Minutes of May 9, 2023 Recommendation: Council approve minutes as submitted.

3. Second reading of 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 have the second reading and adopt Ordinance No. 825, waive full reading, and read by Title only.

4. Extension of certificated promotional list for Fire Captain.

CEQA: Not a project
Recommendation: That Council 1) extend the current eligibility list for Fire Captain for two months or until creation of a new list. The current promotional list was certified June 29, 2022. The Fire Department expects to fill a vacancy for Captain within the timeframe of the extension.

5. Nevada County Transportation Commission FY 2023/24 Overall Work Program Approval CEQA: N/A – Not a Project
Recommendation: That Council: 1) review the projects proposed for inclusion in the Nevada County Transportation Commission FY 2023/24 Overall Work Program, 2) adopt a Resolution approving the projects for inclusion in the Nevada County Transportation Commission Overall Work Program

6. Approve a Resolution Adopting Guidelines for the Submission and Tabulation of Protests in Rate Hearings Conducted Pursuant to the California Constitution.

CEQA: Not a Project.

Recommendation: That Council review and approve Resolution 2023-21 adopting guidelines for the submission and tabulation of protests in Rate Hearings conducted pursuant to Article XIII D, Section 6 of the California Constitution.

7. AB 481 – Military Equipment Annual Inventory and Report; renewal of ordinance #815 CEQA: Not a Projcet
Recommendation: Approve the attached equipment inventory as well as the associated annual report, renew previously adopted ordinance #815 pursuant to requirements of AB-481

8. 2022/23 Annual Street Rehabilitation Project – Authorization to Bid CEQA: Categorically Exempt – Section 15301 “Existing Facilities”

Item # 3.

City of Grass Valley, CA MINUTES May 23, 2023
Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and 2) authorize the advertisement for bids.

9. 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, subject to legal review, with Nevada Cemetery District to provide financial services.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

ADMINISTRATIVE

10. FY 2023-24 Preliminary Budget Overview
CEQA: Not a Project
Recommendation: It is recommended that the City Council, by motion, approve the FY 2023-24 Preliminary Budget and provide further direction to staff as it relates to the preparation of the FY 2023-24 Final Budget; and Set June 27, 2023 as the date for the public hearing for the FY 2023-24 Final Budget.

Finance Director, Andy Heath, gave presentation to Council.

Council asked for clarification on the Sierra College Field project, about social media expenses, water/sewer rate increases, animal control/community service officer position, and asked for a definition of 'non-fundgible'.

Motion made to approve the FY 2023-24 Preliminary Budget and provide further direction to staff as it relates to the preparation of the FY 2023-24 Final Budget by Vice Mayor Hodge, Seconded by Councilmember Branstrom.

Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Caravelli attended Armed Forces Day and watched Aztec Dancers bless Mill St and the merchants with their dance. Councilmember Ivy attended the NCTC meeting.

Councilmember Branstrom attended the Peggy Lavine award event at the Northstar House, attended broadband workshop, partook in the $5 classic movies at the Del Oro, and saw 5 plays. Vice Mayor Hodge toured the Mondavi Center, and attended the Penn Valley Rodeo and Armed Forces Day. Mayor Arbuckle attended the Nevada County Ag Tour, NCCLI Government Day, attended Sac Valley Division meeting in Redding and attended Armed Forces Day.

ADJOURN
Meeting adjourned at 8:10PM.

Item # 3.

City of Grass Valley, CA MINUTES May 23, 2023
_______________________________ ______________________________ Jan Arbuckle, Mayor Taylor Day, City Clerk
Adopted on: ___________

Item # 3.

Item # 3.
2 Taylor Day
From: Arianna Lang
Sent: Thursday, May 18, 2023 4:33 PM
To: Public Comments
Subject: Permit Parking
[You don't oŌen get email from . Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Hello,
My name is Arianna and I live on Mill Street. Currently the only parking for myself and a few of my neighbors is public street parking. I would like to peƟƟon for this parking to be made into permit only parking. Due to the new parking lot being put in on Mill Street I figured this would be a good Ɵme to bring this issue to light. Over the last 6 years I have lived on Mill Street the parking situaƟon has become worse and worse. I’ve come home countless Ɵmes to cars illegally parked, RVs/trailers staying the night in front of our home, and leaving no space for myself or my neighbors to park.

I appreciate you taking the Ɵme to read my email. Please let me know if you need anymore informaƟon from me. I look forward to hearing about any next steps to grant this peƟƟon.

Thank you,
Arianna Lang

Item # 3.

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: 6/13/2023 Date Prepared: 6/8/2023 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 # 4.

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: 6/13/2023 Date Prepared: 6/8/2023 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 # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Road Maintenance and Rehabilitation Account Funding – Adopt Project List CEQA: N/A – Not a Project
Recommendation: That Council adopt a Resolution to include Road Maintenance and Rehabilitation Account (RMRA) funding in the Fiscal Year 2023/24 budget and specifying a list of projects to be funded with RMRA funds.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 06/13/2023 Date Prepared: 06/7/2023 Agenda: Consent
Background Information: California State Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 in order to address significant transportation infrastructure funding shortfalls statewide. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Grass Valley are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year. SB 1 requires the City of Grass Valley to provide a specific list of projects proposed to receive funding from RMRA funding, including a description and location of each proposed project.

Overall, the City of Grass Valley is scheduled to receive an estimated $330,000 in RMRA funding in Fiscal Year 2023/24. Staff recommends that the FY 2023/24 budget and specifically the South Auburn Street Renovation Project budget, include the full $330,000 in RMRA funds.

The South Auburn Street Renovation Project proposes rehabilitation of the street infrastructure, with construction of Complete Streets components including improved sidewalks, curb ramps and bicycling facilities on South Auburn Street between Neal Street and Main Street. Staff requests that Council adopt the attached Resolution specifying the list of RMRA funded projects in the CIP Budget.

Council Goals/Objectives: Utilization of RMRA funding executes portions of work tasks towards achieving/maintaining Strategic Plan – Community Safety and City Infrastructure Investment.

Fiscal Impact: The City of Grass Valley will receive an estimated $330,000 in 23/24 RMRA funding which will supplement local Measure E funds to fully fund the project.

Funds Available: N/A Account #: N/A
Reviewed by: _____ City Manager

Item # 6.

RESOLUTION NO. R2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

AUTHORIZING THE INCLUSION OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDS IN THE FISCAL YEAR 2023/24 BUDGET AND INCORPORATING A LIST OF PROJECTS FUNDED BY SENATE BILL 1
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Grass Valley are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Grass Valley must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Grass Valley will receive an estimated $330,000 in RMRA funding in Fiscal Year 2023/24 from SB 1; and
WHEREAS, the funding from SB 1 will help the City of Grass Valley continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Grass Valley has undergone a robust public process to ensure public input into our community’s transportation priorities; and WHEREAS, the funding from SB 1 will help the City of Grass Valley maintain and rehabilitate various streets and add active transportation infrastructure throughout the City, this year and in numerous similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Grass Valley streets are in a “at-risk” condition and funding from SB 1 will increase the overall quality of the street system over the next decade to help bring City streets into a “good” condition; and
WHEREAS, the funding from SB 1 and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. The 2023/24 fiscal year budget include an estimated $330,000 in Road Maintenance and Rehabilitation Account revenue.

Item # 6.

2. The attached list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023/24 Road Maintenance and Rehabilitation Account revenues.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 13th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jan Arbuckle, MAYOR
APPROVED AS TO FORM: ATTEST:
__________________________________ _______________________________ Michael G. Colantuono, CITY ATTORNEY Taylor Day, CITY CLERK

Item # 6.

SB 1 - ROAD MAINTENANCE AND REHABILITATION ACCOUNT

PROJECTS
PROJECT TITLE: SOUTH AUBURN STREET RENOVATION PROJECT
PROJECT STATUS: New road rehabilitation project to utilize next fiscal year’s SB 1 RMRA apportionment.

PROJECT DESCRIPTION: The Project will address deferred street maintenance and rehabilitation of the location(s) listed. Complete Streets components, including accessible curb ramp replacement and bicycle lanes installation, will be incorporated in the project’s scope of work in accordance with the City’s Active Transportation Plan goals. Fiscal Year 2023/24 RMRA apportionments will be used to fund the pavement replacement work and the construction of Complete Street components.

PROJECT LOCATION: The following location is scheduled for rehabilitation in Fiscal Year 2023/24:
 South Auburn Street, between Neal Street and Main Street ESTIMATED PROJECT SCHEDULE: It is anticipated that the project will be completed before the end of the fiscal year in which the project is identified.

ESTIMATED USEFUL LIFE: Many factors can affect a pavement’s useful life, including the quality of the subgrade, drainage conditions, traffic loads, etc. Typically, the City of Grass Valley expects a 20 year useful life out of the pavement overlay/pavement replacement treatment proposed with this project.

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Magenta Drain Restoration Project – Authorized Representative Designation CEQA: N/A – Procedural Motion
Recommendation Motion: That Council adopt Resolution 2023-23, designating an authorized representative to execute an agreement with the State of California for a Round 2 IRWM Implementation Grant.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 06/13/2023 Date Prepared: 06/8/2023 Agenda: Consent
Background Information: The Cosumnes, American, Bear, and Yuba Integrated Regional Water Management group (CABY IRWM) is a collaborative effort to manage all aspects of water resources in a large watershed region that encompasses the City of Grass Valley area. In October 2022, CABY and their Regional Water Management Group (RWMG) steering committee reviewed several projects for consideration for $1.1 million of available funding under a Proposition 1, Round 2 IRWM Implementation Grant. City of Grass Valley Staff had requested funding for the Memorial Park Magenta Drain Restoration Project, which was identified as one of the top ranking projects recommended for inclusion by the steering committee.

South Yuba River Citizens League (SYRCL), working on behalf of CABY and the City subsequently submitted an application to the California Department of Water Resources (CA DWR) requesting grant funding for four projects out of over 70 projects that had initially applied for funding. In May 2023, the City was notified that the application was successful, and that the Memorial Park Magenta Drain Restoration Project was eligible for $319,847.94 in Prop 1 grant funding.

The Magenta Drain Restoration Project will restore a stretch of creek that runs through Memorial Park that has been fenced off and neglected for many years. At one time the waterway was contaminated by runoffs from the Empire Mine site, but with recent remediation efforts by the State and the City of Grass Valley, the creek now runs clean again. Restoration of the creek will include restoring approximately half an acre of riparian habitat through the removal of non-native vegetation in and along the creek banks and replacement with native riparian vegetation, along with removing perimeter fencing to improve public access.

As a condition of funding the City of Grass Valley must enter into an agreement with the CA DWR and must identify an authorized representative to execute the grant agreement and any associated amendments. Staff request that Council adopt the attached Resolution identifying the City Engineer as the authorized representative.

Item # 7.

Council Goals/Objectives: The Magenta Drain Restoration Project executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – Recreation and Parks.

Fiscal Impact: The City will receive $319,847.94 in Prop 1 grant funding.

Funds Available: N/A Account #: 300-406-TBD
Reviewed by: _____ City Manager

Item # 7.

RESOLUTION NO. R2023-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DESIGNATING

AN AUTHORIZED REPRESENTATIVE TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR A ROUND 2 IRWM IMPLEMENTATION GRANT
WHEREAS, A proposal was made by the City of Grass Valley to the California Department of Water Resources to obtain a Round 2 Integrated Regional Water Management Implementation Grant pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Water Code § 79700 et seq.) ; and
WHEREAS, The City of Grass Valley was notified that the proposed Memorial Park Magenta Drain Restoration Project was recommended for funding in the amount of $319,847.94; and
WHEREAS, the funding from the Round 2 IRWM Implementation Grant will allow the City to restore a neglected and previously contaminated stretch of Magenta Drain, improving water quality and stormwater flows, with benefits to park users, the community surrounding the waterway and numerous downstream property owners, consumers and users; and WHEREAS, the City of Grass Valley must enter into an agreement with the California Department of Water Resources to receive the grant funds; and WHEREAS, the City of Grass Valley must designate an authorized representative to execute the grant agreement and any amendments; and

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. The City Engineer of the City of Grass Valley, or designee, is hereby authorized and directed to prepare the necessary data, conduct investigations, file such proposal, and execute a grant agreement or any amendments thereto with California Department of Water Resources.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 13th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jan Arbuckle, MAYOR
APPROVED AS TO FORM: ATTEST:
__________________________________ _______________________________ Michael G. Colantuono, CITY ATTORNEY Taylor Day, CITY CLERK

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: CDBG Memorial Park Facilities Improvement Project – Final Acceptance CEQA: N/A – Project is Complete
Recommendation Motion: That Council 1) accept the CDBG Memorial Park Facilities Improvement Project as complete, 2) authorize the City Engineer to execute a change order and process final payment to the contractor for a total contract amount of $5,615,275.70, and 3) Authorize the City Engineer to file a Notice of Completion with the County Recorder.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 06/13/2023 Date Prepared: 06/8/2023 Agenda: Consent
Background Information: On May 11, 2021, Council authorized the award of a construction contract to Western Water Features, Inc. for the CDBG Memorial Park Facilities Improvement Project. The project involved a complete overhaul of the existing swimming pool, softball field upgrades, restroom replacement, and the addition of two pickleball courts and one basketball court, among other park improvements.

A total of fifteen change orders were authorized in the course of construction, as well as two prior Council approved contract amendments. One final contract change order in the amount of $108,955.60 is necessary to account for a number of miscellaneous additions and unforeseen conditions that required added work. The majority of this change order would compensate for an improved slot drainage system utilized on the pool deck and for increasing the pavement thickness and limits throughout the park after the existing parking lot and drive aisles were found to be wholly substandard.

All of the work has now been completed by the contractor, pending a few minor punch list/warranty items under discussion, with a final project cost totaling $5,615,275.70. The Engineering Division has field accepted the work and the contractor has provided the City with a guarantee of work for a period of one year following the date of acceptance of the project. Upon Council’s acceptance, Staff will file a Notice of Completion with the County Recorder’s Office. If no Stop Notices are received by the City after a period of thirty-five (35) days from the filing date of the Notice, all appropriate bonds will be released to the contractor.

Staff requests that Council accept the project as complete, authorize the City Engineer to execute a change order in the amount of $108,955.60, and authorize final payment to the contractor.

Item # 8.

Council Goals/Objectives: The CDBG Memorial Park Facilities Improvement Project executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – Recreation and Parks.

Fiscal Impact: The project is fully funded in the FY 2022/2023 CIP Budget with CDBG and Measure E funds.

Funds Available: Yes Account #: 300-406-63350
Reviewed by: _____ City Manager

Item # 8.

C:\Users\MeetingsOfficeUser5\AppData\Local\Temp\tmp80F6.tmp RECORDING REQUESTED BY and
WHEN RECORDED MAIL TO:

ENGINEERING DIVISION

CITY OF GRASS VALLEY
125 East Main Street
Grass Valley, CA 95945
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. That the undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.

2. The FULL NAME of the OWNER is the City of Grass Valley.

3. The FULL ADDRESS of the OWNER is 125 East Main Street, Grass Valley, CA 95945.

4. The nature of the INTEREST or ESTATE of the undersigned is: FEE.

5. A work of improvement on the property hereinafter described was COMPLETED: June 14, 2023

6. The work of improvement completed is described as follows: CDBG Memorial Park Facility Improvements Project

7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Western Water Features, Inc.

8. The street address of said property is: 350 Race Street

9. The property on which said work of improvement was completed is in the City of Grass Valley, County of Nevada, State of California and is described as follows: Memorial Park __ __ City of Grass Valley___ ____
Owner
by: ________________________________
Bjorn P. Jones PE, City Engineer
“I certify under penalty of perjury that the foregoing is true and correct.” _________________________________________ __________________________________ (Date and Place) (Signature)

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Adoption of five Resolution of Intention to Order Improvements for Landscaping and Lighting Districts (LLD) – Annual Assessments for Fiscal Year 2023-24 and Benefit Assessment Districts (AD) – Annual Assessments for Fiscal Year 2023-24 and set public hearing on June 27, 2023
CEQA: Not a project
Recommendation: It is recommended that the City Council adopt five Resolutions (2023-25, 2023-26, 2023-27, 2023-28, 2023-29) of Intention for Commercial LLD #1988-1, Residential LLD #1988-2, Morgan Ranch Unit 7 A.D. #2003-1, Morgan Ranch West A.D. #2010-1 and Ridge Meadows A.D. and set public hearing on June 27, 2023. The five Resolutions related to the Commercial and Residential Landscaping and Lighting Districts, the Morgan Ranch-Unit 7 Benefit Assessment District, the Morgan Ranch West Benefit Assessment District and Ridge Meadows Benefit Assessment District are as follows:

1. Resolution of Intention No. 2023-25 to Order Improvements Pursuant to the Landscaping and Lighting Act of 1972 –
Assessment District No. 1988-1, Commercial Landscaping and Lighting District.

2. Resolution of Intention No.2023-26 to Order Improvements Pursuant to the Landscaping and Lighting Act of 1972 –
Assessment District No, 1988-2, Residential Landscaping and Lighting District.

3. Resolution of Intention No. 2023-27 to Order Improvements Pursuant to the Benefit Assessment Act of 1982 (Sections 54703 and following, California Government Code; hereafter the “1982 Act”) – Morgan Ranch – Unit 7 Benefit Assessment District No. 2003-1.

4. Resolution of Intention No. 2023-28 to Order Improvements Pursuant to the Benefit Assessment Act of 1982 (Sections 54703 and following, California Government Code; hereafter the “1982 Act”) – Morgan Ranch West Benefit Assessment District No. 2010-

1. 5. Resolution of Intention No. 2023-29 to Order Improvements Pursuant to the Benefit Assessment Act of 1982 (Sections 54703 and following, California Government Code; hereafter the “1982 Act”) – Ridge Meadows Benefit Assessment District No. 2016-1.

Item # 9.

Prepared by: Andy Heath
Council Meeting Date: 06/13/2023 Date Prepared: 06/03/2023 Agenda: Consent

Discussion:

In order to continue funding for the maintenance of improvements in the City’s landscaping and lighting districts and benefit assessment districts, an annual assessment must be levied and placed on the County of Nevada Tax Roll. The proceeds of the annual landscaping and lighting district assessments pay for maintenance of landscaping and associated structures, landscape related utilities, city administration costs and street lighting costs within the boundaries of the district. The proceeds of the annual benefit assessment districts pay for storm drain maintenance, retaining wall maintenance and city administration costs within the boundaries of the district.

The Engineer’s reports and assessment spreads are complete and will be filed within the time required prior to the public hearing scheduled for June 27, 2023.

Council Goals/Objectives: The Landscape & Lighting Districts (LLD) and Benefit Assessment Districts (A.D.) annual assessments supports the Strategic Plan – City Infrastructure Investment by covering costs for community-specific structures and services.

Fiscal Impact: The proposed fiscal year 2023-24 assessments for the City’s Landscape and Lighting Districts and Benefit Assessment Districts total $81,985 as compared to $78,307 for Fiscal Year 2022-23, an increase of $3,678. This is due to CPI increases for some Districts while other Districts will be leaving amounts the same as the prior year.

Funds Available: NA Account #: NA
Reviewed by: City Manager
CEQA: Not a Project.

Attachments:

Resolutions (5)

Item # 9.

RESOLUTION NO. 2023-25

RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
ASSESSMENT DISTRICT NO. 1988-1 (Commercial Landscaping and Lighting District, Whispering Pines and Litton Business Park) The City Council of the City of Grass Valley resolves:

1. The City Council intends to levy and collect assessments within City of Grass Valley Assessment District No. 1988-1 (Commercial Landscaping and Lighting District – Whispering Pines and Litton Business Park) during Fiscal Year 2023-24. The area of land to be assessed is located in the City of Grass Valley, Nevada County.

2. The improvements to be made in this assessment district are generally described as follows:

Zone 1 – Whispering Pines
The maintenance of landscaping and operation of associated structures including payment for the cost of water and power utilities for irrigation controllers and street lights.

Zone 2 – Litton Business Park
The maintenance of landscaping and operation of associated structures including payment for the cost of water and power utilities for irrigation controllers and street lights; and the maintenance of drainage ditches and operation of associated structures including the removal of silt.

This description is from the Commercial Landscaping & Lighting District No. 1988-1 Engineer’s Report.

3. Bjorn Jones, P.E., Engineer of Work, has filed with the City Clerk the Commercial Landscaping & Lighting District No 1988-1 Engineer’s Report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels

Item # 9.
of land within the assessment district.

4. The Council hereby approves the Engineer’s report as filed, incorporated herein by reference.

5. On Tuesday, the 27th day of June, 2023, at the hour of 7:00 o'clock p.m. or as soon thereafter as the matter can be heard; the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Grass Valley City Council Chambers, Grass Valley, California.

6. For Fiscal Year 2023-24, the Engineering Department has proposed $29,100.30 assessment revenue for Whispering Pines. The increase of $1,646.60 represents a 6.0 percent inflation adjustment. For Litton Business Park, $6,550.50 is proposed assessment revenue. The increase of $371.70 represents a 6.0 percent inflation adjustment.

7. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 13th day of June, 2023, by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAINING: Council Members
______________________________
Jan Arbuckle, Mayor
ATTEST: ______________________________
Taylor Day, City Clerk
APPROVED AS TO FORM: ______________________________
Michael Colantuono, City Attorney

Item # 9.

ENGINEER’S REPORT
COMMERCIAL LANDSCAPING AND LIGHTING DISTRICT NO. 1988-1 ANNUAL ASSESMENT 2023/2024
for

CITY OF GRASS VALLEY

NEVADA COUNTY, CALIFORNIA
Respectfully submitted, as directed by the City Council.

By: _____________________
Bjorn P. Jones, P.E.

R.C.E. No. 75378

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx
ENGINEER’S REPORT AFFIDAVIT
COMMERCIAL LANDSCAPING AND LIGHTING DISTRICT NO. 1988-1 (Whispering Pines and Litton Business Park)
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ______________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Grass Valley, California, on the _______ day of _________________, 2023. ___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Nevada on the _______ day of ___________________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Commercial Landscaping and Lighting District No. 1988-1

OVERVIEW
Bjorn P. Jones, Engineer of Work for Commercial Landscaping and Lighting District No. 1988-1 (Zone 1 - Whispering Pines and Zone 2 - Litton Business Park), City of Grass Valley, Nevada County, California makes this report, as directed by City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements which are the subject matter of this report are briefly described as follows:

Zone 1 - Whispering Pines
The installation, maintenance and servicing of landscaping and associated improvements, as delineated on the plans prepared by Josephine McProud, Landscape Architect, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district. Maintenance, in general, means the furnishing of labor and materials for the ordinary upkeep and care of landscape areas including:

1. The repair, removal or replacement of any improvement.

2. Landscaping, including cultivation, weeding, mowing, pruning, tree removal, replanting, spraying, fertilizing, and treating for disease.

3. Irrigation, including the operation, adjustment and repair of the irrigation system.

4. The removal of trimmings, rubbish, debris and solid waste.

Servicing means the furnishing and payment of:

1. Electric power for any public street light facilities or for the operation of any improvements.

2. Water for the irrigation of any landscaping or the maintenance of any improvements.

Zone 2 - Litton Business Park
The installation, maintenance and servicing of landscaping and associated improvements, as delineated on the plans prepared by Josephine McProud, Landscape Architect, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district. Maintenance, in general, means the furnishing of labor and materials for the ordinary upkeep and care of landscape areas including:

1. The repair, removal or replacement of any improvement.

2. Landscaping, including cultivation, weeding, mowing, pruning, tree removal, replanting, spraying, fertilizing, and treating for disease.

3. Irrigation, including the operation, adjustment and repair of the irrigation system.

4. The removal of trimmings, rubbish, debris and solid waste.

Servicing means the furnishing and payment of:

1. Electric power for any public street light facilities or for the operation of any improvements.

2. Water for the irrigation of any landscaping or the maintenance of any improvements.

The installation and maintenance of drainage ditches, trails and associated improvements, as delineated on the improvement plans for Litton Business Park - Phase One prepared by Nevada City Engineering, Inc., on file with the City of Grass Valley, including:

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx

1. The repair, removal or replacement of any improvement.

2. The trimming, pruning, spraying and removal of vegetative matter.

3. The removal of silt, rubbish debris and solid waste.

This report consists of five (5) parts, as follows:

PART A - Plans and specifications for the improvements that are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference only.

PART B - An estimate of the cost of the improvements for Fiscal Year 2023/2024.

PART C - An assessment of the estimated cost of the improvement and levy on each benefiting parcel of land within the district.

PART D - The Method of Apportionment by which the undersigned has determined the amount proposed to be levied on each parcel.

PART E - A diagram showing all parcels of real property within this district.

The diagram is keyed to Part C by Assessor’s Parcel Number.

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx
PART A
PLANS
Plans for the landscape, irrigation and street lighting for each zone have been prepared by a variety of landscape architects and engineers. These Plans have been filed separately with the City Engineer’s office and are incorporated in this Report by reference only as the initial improvements were completed by separate contracts.

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx
PART B

COST ESTIMATE
The estimated cost for the maintenance of improvements described in this report for the fiscal year 2023/2024 includes the use of reserve funds to provide maintenance of the landscape areas and is as follows:

ZONE 1
(Whispering Pines)
ZONE 2
(Litton Business Park)

COST INFORMATION
Direct Maintenance Costs $44,050 $3,711
Water and Electricity $10,000 $1,500
County Administrative Fee $250 $230
City Administration Costs $500 $350
Total Direct and Admin Costs $54,800 $5,791

ASSESSMENT INFORMATION
Direct Costs $54,800 $5,791
Reserve Collections/ (Transfer) ($25,700) $760
Net Total Assessment $29,100 $6,551
Projected Reserve After FY 2022/23 $54,770 $5,750
Interest Earnings $120 $40
Reserve Fund Adjustments ($25,700) $760
Projected Reserve at End of Year $29,190 $6,550

FUND BALANCE INFORMATION

Item # 9.

PART C

ASSESSMENT ROLL
Zone 1 - Whispering Pines
2023/2024
Percent of Tax
Percentage Whispering Pines Area 1st 2nd
of Net Area Lane frontage Levy Assessor Parcel No. Code Installment Installment

1.11% 3.82% 717.80 009-680-003 01056 358.90 358.90

1.95% 8.70% 1,549.20 009-680-004 01056 774.60 774.60

1.59% 4.42% 875.40 009-680-005 01056 437.70 437.70

2.16% 3.57% 834.40 009-680-006 01056 417.20 417.20

0.85% 3.31% 604.60 009-680-007 01056 302.30 302.30

1.10% 3.25% 632.30 009-680-009 01056 316.15 316.15

0.93% 3.47% 640.80 009-680-015 01056 320.40 320.40

0.00% 0.00% 0.00 009-680-019 01056 0.00 0.00

0.00% 0.00% 0.00 009-680-022 01056 0.00 0.00

6.33% 0.00% 920.70 009-680-024 01056 460.35 460.35

1.73% 3.03% 692.50 009-680-025 01056 346.25 346.25

1.30% 2.28% 520.60 009-680-026 01056 260.30 260.30

1.30% 2.22% 513.40 009-680-027 01056 256.70 256.70

0.00% 0.00% 0.00 009-680-037 01056 0.00 0.00

0.00% 0.00% 0.00 009-680-038 01056 0.00 0.00

0.66% 1.23% 274.90 009-680-039 01056 137.45 137.45

0.66% 1.23% 274.90 009-680-040 01056 137.45 137.45

0.65% 1.23% 273.50 009-680-041 01056 136.75 136.75

0.00% 0.00% 0.00 009-760-026 01056 0.00 0.00

0.35% 0.37% 104.10 009-760-024 01056 52.05 52.05

0.31% 0.37% 99.20 009-760-023 01056 49.60 49.60

0.32% 0.37% 99.70 009-760-022 01056 49.85 49.85

0.33% 0.37% 101.40 009-760-021 01056 50.70 50.70

0.33% 0.37% 102.00 009-760-020 01056 51.00 51.00

0.32% 0.37% 100.10 009-760-019 01056 50.05 50.05

0.32% 0.37% 100.20 009-760-018 01056 50.10 50.10

0.32% 0.37% 99.50 009-760-017 01056 49.75 49.75

0.31% 0.37% 99.40 009-760-016 01056 49.70 49.70

0.33% 0.37% 101.70 009-760-015 01056 50.85 50.85

0.33% 0.37% 101.40 009-760-001 01056 50.70 50.70

0.32% 0.37% 100.20 009-760-002 01056 50.10 50.10

0.32% 0.37% 100.30 009-760-003 01056 50.15 50.15

0.33% 0.37% 102.00 009-760-004 01056 51.00 51.00

0.33% 0.37% 101.80 009-760-005 01056 50.90 50.90

0.32% 0.37% 99.90 009-760-006 01056 49.95 49.95

0.33% 0.37% 101.60 009-760-007 01056 50.80 50.80

0.34% 0.37% 103.20 009-760-009 01056 51.60 51.60

0.36% 0.37% 105.50 009-760-011 01056 52.75 52.75

0.37% 0.37% 108.20 009-760-013 01056 54.10 54.10

1.12% 2.53% 531.20 009-680-054 01056 265.60 265.60

1.14% 4.16% 770.50 009-690-001 01056 385.25 385.25

1.52% 7.62% 1,330.30 009-690-002 01056 665.15 665.15

1.48% 0.00% 215.60 009-690-004 01056 107.80 107.80

1.87% 8.18% 1,462.20 009-690-005 01056 731.10 731.10

1.06% 2.51% 519.50 009-690-009 01056 259.75 259.75

1.42% 0.00% 206.10 009-690-012 01056 103.05 103.05

1.00% 3.52% 656.60 009-690-013 01056 328.30 328.30

TOTAL ASSESSMENT
$29,100.94 $29,100.30
FISCAL

YEAR TOTAL ASSESSMENT GOAL
$29,100.00

MAX ASSESSMENT
Last Year Max + 6.0% CPI
H:\L&L\2023-24\Commercial\2324Assessment Roll Levy_Com Zone 1 - Page 1 5/17/2023

Item # 9.

PART C

ASSESSMENT ROLL
Zone 1 - Whispering Pines

1.86% 3.46% 774.60 009-690-015 01056 387.30 387.30

2.27% 0.00% 330.90 009-690-016 01056 165.45 165.45

1.30% 0.00% 188.50 009-690-019 01056 94.25 94.25

2.12% 0.00% 307.80 009-690-025 01056 153.90 153.90

0.00% 0.00% 0.00 009-750-002 01056 0.00 0.00

0.25% 0.00% 36.30 009-750-003 01056 18.15 18.15

0.28% 0.00% 40.30 009-750-004 01056 20.15 20.15

0.22% 0.00% 32.20 009-750-005 01056 16.10 16.10

0.18% 0.00% 26.80 009-750-006 01056 13.40 13.40

0.25% 0.00% 36.30 009-750-007 01056 18.15 18.15

0.27% 0.00% 39.00 009-750-008 01056 19.50 19.50

0.19% 0.00% 28.10 009-750-009 01056 14.05 14.05

0.22% 0.00% 32.20 009-750-010 01056 16.10 16.10

0.00% 0.00% 0.00 009-690-040 01056 0.00 0.00

0.14% 0.34% 69.70 009-690-041 01056 34.85 34.85

0.12% 0.34% 66.90 009-690-042 01056 33.45 33.45

0.13% 0.34% 68.30 009-690-043 01056 34.15 34.15

0.14% 0.34% 69.70 009-690-044 01056 34.85 34.85

0.11% 0.34% 65.60 009-690-045 01056 32.80 32.80

0.12% 0.34% 66.90 009-690-046 01056 33.45 33.45

0.12% 0.34% 66.90 009-690-047 01056 33.45 33.45

0.10% 0.34% 64.20 009-690-048 01056 32.10 32.10

0.09% 0.34% 62.90 009-690-049 01056 31.45 31.45

0.10% 0.34% 64.20 009-690-050 01056 32.10 32.10

0.09% 0.34% 62.90 009-690-051 01056 31.45 31.45

0.10% 0.34% 64.20 009-690-052 01056 32.10 32.10

0.09% 0.34% 62.90 009-690-053 01056 31.45 31.45

0.09% 0.34% 62.90 009-690-054 01056 31.45 31.45

0.09% 0.34% 62.90 009-690-055 01056 31.45 31.45

0.09% 0.34% 62.90 009-690-056 01056 31.45 31.45

0.10% 0.34% 64.20 009-690-057 01056 32.10 32.10

0.09% 0.34% 62.90 009-690-058 01056 31.45 31.45

0.09% 0.34% 62.90 009-690-059 01056 31.45 31.45

1.72% 3.06% 696.00 009-690-031 01056 348.00 348.00

1.41% 3.06% 649.50 009-690-032 01056 324.75 324.75

1.82% 0.00% 264.40 009-690-036 01056 132.20 132.20

4.41% 0.86% 766.70 009-690-037 01056 383.35 383.35

1.34% 5.39% 980.10 009-690-039 01056 490.05 490.05

1.68% 0.00% 244.10 009-770-021 01051 122.05 122.05

2.04% 0.00% 297.00 009-770-022 01051 148.50 148.50

1.59% 0.00% 231.90 009-770-023 01051 115.95 115.95

2.53% 0.00% 368.80 009-770-024 01051 184.40 184.40

2.52% 0.00% 366.10 009-770-025 01051 183.05 183.05

2.35% 0.00% 341.70 009-770-032 01051 170.85 170.85

1.32% 0.00% 192.60 009-770-033 01051 96.30 96.30

0.00% 0.00% 0.00 009-770-034 01054 0.00 0.00

0.00% 0.00% 0.00 009-770-035 01054 0.00 0.00

0.00% 0.00% 0.00 009-770-037 01051 0.00 0.00

1.40% 0.00% 203.40 009-770-038 01056 101.70 101.70

0.96% 0.00% 139.70 009-770-039 01056 69.85 69.85

1.00% 0.00% 145.10 009-770-049 01051 72.55 72.55

1.18% 0.00% 172.20 009-770-050 01051 86.10 86.10

0.00% 0.00% 0.00 009-770-057 01056 0.00 0.00

3.19% 0.00% 463.80 009-770-058 01051 231.90 231.90

2.29% 0.00% 333.60 009-770-059 01051 166.80 166.80
H:\L&L\2023-24\Commercial\2324Assessment Roll Levy_Com Zone 1 - Page 2 5/17/2023

Item # 9.

PART C

ASSESSMENT ROLL
Zone 1 - Whispering Pines

1.87% 0.00% 272.60 009-770-060 01051 136.30 136.30

3.77% 0.00% 547.80 009-770-063 01051 273.90 273.90

2.34% 0.00% 340.40 009-770-065 01051 170.20 170.20

0.55% 0.00% 80.00 009-770-068 01051 40.00 40.00

1.20% 0.00% 174.90 009-770-069 01051 87.45 87.45

3.73% 0.00% 542.40 009-770-070 01051 271.20 271.20

0.00% 0.00% 0.00 009-770-071 01051 0.00 0.00

0.53% 0.00% 77.70 009-770-072 01051 38.85 38.85

0.00% 0.00% 0.00 009-770-073 01051 0.00 0.00

0.16% 0.00% 23.50 009-770-074 01051 11.75 11.75

0.20% 0.00% 28.90 009-770-075 01051 14.45 14.45
Total - Zone 1 = $29,100.30 $14,550.15 $14,550.15
H:\L&L\2023-24\Commercial\2324Assessment Roll Levy_Com Zone 1 - Page 3 5/17/2023

Item # 9.

Last Year Max + 6.0% CPI
2023/2024 $6,551.00
1 $344.80 008-060-056 01056 172.40 172.40
1 $344.80 035-260-085 01056 172.40 172.40
1 $344.80 035-260-086 01056 172.40 172.40
1 $344.80 035-330-015 01056 172.40 172.40

0.83 $286.20 035-330-020 01056 143.10 143.10

0.17 $58.60 035-330-021 01056 29.30 29.30
1 $344.80 035-530-009 01056 172.40 172.40
1 $344.80 035-530-010 01056 172.40 172.40
1 $344.80 035-530-012 01056 172.40 172.40
1 $344.80 035-530-013 01056 172.40 172.40
1 $344.80 035-530-014 01056 172.40 172.40

0.2482 $85.60 035-530-017 01056 42.80 42.80

0.2482 $85.60 035-530-018 01056 42.80 42.80

0.5035 $173.60 035-530-019 01056 86.80 86.80
0 $0.00 035-540-003 01056 0.00 0.00
0 $0.00 035-540-014 01056 0.00 0.00

0.0561 $19.30 035-540-015 01056 9.65 9.65

0.0523 $18.00 035-540-016 01056 9.00 9.00

0.0523 $18.00 035-540-017 01056 9.00 9.00

0.0561 $19.30 035-540-018 01056 9.65 9.65

0.1412 $48.70 035-540-019 01056 24.35 24.35

0.0546 $18.80 035-540-020 01056 9.40 9.40

0.0874 $30.10 035-540-021 01056 15.05 15.05

0.1031 $35.50 035-540-022 01056 17.75 17.75

0.0575 $19.80 035-540-023 01056 9.90 9.90

0.0561 $19.30 035-540-024 01056 9.65 9.65

0.0503 $17.30 035-540-025 01056 8.65 8.65

0.0499 $17.20 035-540-026 01056 8.60 8.60

0.0479 $16.50 035-540-027 01056 8.25 8.25

0.1352 $46.60 035-540-028 01056 23.30 23.30
1 $344.80 035-540-005 01056 172.40 172.40
1 $344.80 035-540-006 01056 172.40 172.40
1 $344.80 035-540-012 01056 172.40 172.40
1 $344.80 035-540-032 01056 172.40 172.40
1 $344.80 035-540-033 01056 172.40 172.40

0.1928 $66.50 035-590-003 01056 33.25 33.25

0.0628 $21.60 035-590-004 01056 10.80 10.80

MAX ASSESSMENT
1st Installment 2nd Installment

TOTAL ASSESSMENT
$6,550.50
PART C

ASSESSMENT ROLL
Zone 2 - Litton Business Park
Development
Areas Levy
Assessor Parcel
No. Tax Area Code
TOTAL

ASSESSMENT GOAL
$6,551.00

FISCAL YEAR
H:\L&L\2023-24\Commercial\2324Assessment Roll Levy_ComZone 2 - Page 4 5/17/2023

Item # 9.

PART C

ASSESSMENT ROLL
Zone 2 - Litton Business Park

0.1570 $54.10 035-590-005 01056 27.05 27.05

0.0854 $29.40 035-590-006 01056 14.70 14.70

0.1151 $39.70 035-590-007 01056 19.85 19.85

0.1412 $48.70 035-590-008 01056 24.35 24.35

0.0948 $32.70 035-590-009 01056 16.35 16.35

0.1457 $50.20 035-590-010 01056 25.10 25.10

0.2641 $91.10 035-590-011 01056 45.55 45.55

0.0638 $22.00 035-590-012 01056 11.00 11.00

0.0651 $22.40 035-590-013 01056 11.20 11.20

0.1123 $38.70 035-590-014 01056 19.35 19.35

0.0764 $26.30 035-590-015 01056 13.15 13.15

0.0941 $32.40 035-590-016 01056 16.20 16.20

0.0855 $29.50 035-590-017 01056 14.75 14.75

0.0658 $22.70 035-590-018 01056 11.35 11.35

0.0651 $22.40 035-590-023 01056 11.20 11.20

0.1129 $38.90 035-590-020 01056 19.45 19.45
19 $6,550.50 = Total - Zone 2 $3,275.25 $3,275.25
(rounded)
H:\L&L\2023-24\Commercial\2324Assessment Roll Levy_ComZone 2 - Page 5 5/17/2023

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx
PART D

METHOD OF APPORTIONING
In order to maintain sufficient funding for the Districts, assessments will be adjusted annually by the Consumer Price Indexes (CPI) Pacific Cities and U.S. City Average for February of the year of calculation All Items Indexes for the West. The corresponding CPI for February 2023 was 6.0%.

ZONE 1 - Whispering Pines
The Whispering Pines development created the 1988-1 Commercial L&L District in 1988. Because the district was created before Proposition 218, the initial assessment per property has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund.

The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments (“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year.

This assessment spread uses two factors to determine individual lot assessments. Fifty percent of the cost is spread using the net area of each lot as to the total net area. Net area is the area remaining in each lot after deducting the area dedicated to open space. The remaining fifty percent is spread to those lots fronting Whispering Pines Lane on a front foot basis as a percentage of the total length of frontage along Whispering Pines Lane. The formula is:

Assessment Per Parcel = Round ([(Total Assessment/2)*(% of Net Area)] + [(Total Assessment/2)*(% of Whispering Pines Lane Frontage)])
Notwithstanding the foregoing method of apportionment, parcels numbered 19, 20, 21, 22 and 23 shall receive zero assessments for the first year as shown in the second amended Engineer’s Report and each of said parcels shall continue to receive no assessment until such time as the parcel is sold or developed.

Development shall be evidenced by issuance of a building permit; provided, however, that the issuance of a building permit to reconstruct the sanctuary of the Whispering Pines Church of God located on parcel numbers 19 and 20 shall not be construed to be development. At the time of sale or development of each of said parcels, they shall thereafter be assessed in accordance with the method of apportionment hereinabove set forth.

The total assessment for 2022/2023 was $27,453.70 Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $29,100.94. The actual total assessment will be $29,100.30. Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula above which incorporates each parcel’s net area and length of Whispering Pines Lane frontage.

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx
ZONE 2 - Litton Business Park
The Litton Business Park was annexed into the 1988-1 Commercial L&L District in 1999. Although the district was created after Proposition 218, the initial assessment per property has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund.

The initial assessment spread created a yearly assessment per development area of $480.00. It is the intent that each development area of the entire project share equally in all Landscaping and Lighting District expenses upon completion of said project. As future phases of this project are incorporated into the Landscaping and Lighting District, the existing assessment area will be reassessed and new assessment values will be calculated equally per development area. The assessment formula is:

Assessment Per Parcel =Round ((# of Development Areas) * (Total Assessment)) / (Total # of Development Areas)
The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments (“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year.

The total assessment for 2022/2023 was $6,178.80. Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $6,551.00 The actual total assessment will be $6,550.50 Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula shown above which evenly distributes the assessment over the original number of parcels. Parcels subdivided after the initial assessment pay a portion of the assessment based on percentage of area of the original parcel.

Item # 9.

H:\L&L\2023-24\Commercial\2324EngReport_Com L&L.docx
PART E

ASSESSMENT DIAGRAM
The following pages are excerpts from the latest Assessor’s Parcel Maps of the County of Nevada illustrating the approximate location, size and area of the benefiting parcels within the Landscaping and Lighting District.

Item # 9.

Item # 9.

ZONE 1 - WP

Item # 9.

ZONE 1 - WP

Item # 9.

ZONE 1 - WP

Item # 9.

ZONE 2 - LITTON

Item # 9.

ZONE 2 - LITTON

Item # 9.

ZONE 2 - LITTON

Item # 9.

ZONE 2 - LITTON

Item # 9.

ZONE 2 - LITTON

Item # 9.

ZONE 2 - LITTON

Item # 9.

ZONE 2 - LITTON

Item # 9.

RESOLUTION NO. 2023-26

RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
ASSESSMENT DISTRICT NO. 1988-2 (Residential Landscaping and Lighting District – Morgan Ranch, Ventana Sierra, Scotia Pines, Morgan Ranch West and Ridge Meadows)
The City Council of the City of Grass Valley resolves:

1. The City Council intends to levy and collect assessments within City of Grass Valley Assessment District No. 1988-2 (Residential Landscaping and Lighting District – Morgan Ranch, Ventana Sierra, Scotia Pines, Morgan Ranch West & Ridge Meadows) during Fiscal Year 2023-

24. The area of land to be assessed is located in the City of Grass Valley, Nevada County.

2. The improvements to be made in this assessment district are generally described as follows:

Zone I – Morgan Ranch
The maintenance of landscaping and operation of associated structures including payment for the cost of water and power utilities and power costs for street lights.

Zone II – Ventana Sierra (Tract 09-03)
The maintenance of landscaping and operation of associated structures including payment for the cost of water and power utilities; power costs for street lights and a maintenance fund for the retaining walls of the project.

Zone III – Scotia Pines Subdivision
The maintenance of Parcels A, B and C, including weed and mosquito abatement and cost of power for street lights.

Zone IV – Morgan Ranch West
The maintenance and power costs for street lights.

Zone V – Ridge Meadows
The maintenance of landscaping and operation of associated structures including payment for the cost of water and power utilities, power costs for street lights and a maintenance fund for retaining walls of the project.

This description is from the Residential Landscaping & Lighting District 1988-2 Engineer’s Report.

Item # 9.

3. Bjorn Jones, P.E., Engineer of Work, has filed with the City Clerk the Residential Landscaping & Lighting District 1988-2 Engineer’s Report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

4. The Council hereby approves the Engineer’s report as filed, incorporated herein by reference.

5. On Tuesday, the 27th day of June, 2023, at the hour of 7:00 o'clock p.m. or as soon thereafter as the matter can be heard; the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Grass Valley Council Chambers, 125 East Main St., Grass Valley, California.

6. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Scotia Pines in the amount of $4,288.00. This is an increase of $254.1 from the prior year and represents a 6.0 percent inflation adjustment. Based on the total number of parcels in Scotia Pines, the levy is $81.60 per dwelling unit.

7. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Ventana Sierra in the amount of $3,199.98. There is an increase of $190.00 from the prior year and represents a 6.0 percent inflation adjustment. Based on the total number of parcels in Ventana Sierra, the levy is $178.42 per dwelling unit.

8. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Morgan Ranch in the amount of $28,416.00, which includes appropriate levels of funding for the reserve. This is an increase of $1,605.12 and represents a

6.0 percent inflation adjustment. Based on the total number of parcels in Morgan Ranch, the levy is $74.00 per dwelling unit.

9. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Morgan Ranch West in the amount of $500.00. There is no change in the assessment from the previous year. Based on the total number of parcels in Morgan Ranch

Item # 9.

West, the levy is $20.00 per dwelling unit.

10. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Ridge Meadows in the amount of $8,000.14. There is no change in the assessment from the previous year. Based on the total number of parcels in Ridge Meadows, the levy is $216.22 per dwelling unit.

11. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 13th day of June 2023, by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAINING: Council Members
______________________________
Jan Arbuckle, Mayor
ATTEST: ______________________________
Taylor Day, City Clerk
APPROVED AS TO FORM: ______________________________
Michael Colantuono, City Attorney

Item # 9.

ENGINEER’S REPORT
RESIDENTIAL LANDSCAPING AND LIGHTING DISTRICT NO. 1988-2 ANNUAL ASSESMENT 2023/2024
for

CITY OF GRASS VALLEY

NEVADA COUNTY, CALIFORNIA
Respectfully submitted, as directed by the City Council.

By: _____________________
Bjorn P. Jones, P.E.

R.C.E. No. 75378

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
ENGINEER’S REPORT AFFIDAVIT
RESIDENTIAL LANDSCAPING AND LIGHTING DISTRICT NO. 1988-2 (Morgan Ranch, Ventana Sierra, Scotia Pines, Morgan Ranch West and Ridge Meadows) I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ______________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Grass Valley, California, on the _______ day of _________________, 2023. ___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Nevada on the _______ day of ___________________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2

OVERVIEW
Bjorn P. Jones, Engineer of Work for Residential Landscaping and Lighting District No. 1988-2 (Zone I - Morgan Ranch, Zone II - Ventana Sierra Tract 90-03 Annexation No. 1993-1, and Zone III - Scotia Pines Subdivision Annexation No. 30-A, Zone IV – Morgan Ranch West Annexation No. 2010-1, Zone V – Ridge Meadows Annexation 2016-1), City of Grass Valley, Nevada County, California makes this report, as directed by City Council, pursuant to Section 22585 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The improvements which are the subject matter of this report are briefly described as follows:

Zone I - Morgan Ranch
The installation, maintenance and servicing of landscaping and associated improvements, as delineated on the plans prepared by Josephine McProud, Landscape Architect, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district. Maintenance, in general, means the furnishing of labor and materials for the ordinary upkeep and care of landscape areas including:

1. The repair, removal or replacement of any improvement.

2. Landscaping, including cultivation, weeding, mowing, pruning, tree removal, replanting, spraying, fertilizing, and treating for disease.

3. Irrigation, including the operation, adjustment and repair of the irrigation system.

4. The removal of trimmings, rubbish, debris and solid waste.

Servicing means the furnishing and payment of:

1. Electric power for any public street light facilities or for the operation of any improvements.

2. Water for the irrigation of any landscaping or the maintenance of any improvements.

Zone II - Ventana Sierra (Tract 90-03)
The installation, maintenance and servicing of landscaping and associated improvements, as delineated on the plans prepared by Josephine McProud, Landscape Architect, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district. Maintenance, in general, means the furnishing of labor and materials for the ordinary upkeep and care of landscape areas including:

1. The repair, removal or replacement of any improvement.

2. Landscaping, including cultivation, weeding, mowing, pruning, tree removal, replanting, spraying, fertilizing, and treating for disease.

3. Irrigation, including the operation, adjustment and repair of the irrigation system.

4. The removal of trimmings, rubbish, debris and solid waste.

Servicing means the furnishing and payment of:

1. Electric power for any public street light facilities or for the operation of any improvements.

2. Water for the irrigation of any landscaping or the maintenance of any improvements.

Zone III - Scotia Pines Subdivision

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
The installation, maintenance and servicing of landscaping and associated improvements of Parcels A, B, C as delineated on Final Map 91-01, on file with the Nevada County Recorder’s Office. Maintenance, in general, means the furnishing of labor and materials for the ordinary upkeep and care of landscape areas including:

1. The repair, removal or replacement of any improvement.

2. Landscaping, including cultivation, weeding, mowing, pruning, tree removal, replanting, spraying, fertilizing, and treating for disease.

3. The removal of trimmings, rubbish, debris and solid waste.

4. Mosquito abatement.

Servicing means the furnishing and payment of:

1. Electric power for any public street light facilities or for the operation of any improvements.

2. Water for the irrigation of any landscaping or the maintenance of any improvements.

Zone IV – Morgan Ranch West
The installation, maintenance and servicing of public street light facilities including the furnishing and payment of electric power.

Zone V – Ridge Meadows
The installation, maintenance and servicing of landscaping and associated improvements, as delineated on the plans prepared by K. Clausen, Landscape Architect, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district. Maintenance, in general, means the furnishing of labor and materials for the ordinary upkeep and care of landscape areas including:

1. The repair, removal or replacement of any improvement.

2. Landscaping, including cultivation, weeding, mowing, pruning, tree removal, replanting, spraying, fertilizing, and treating for disease.

3. Irrigation, including the operation, adjustment and repair of the irrigation system.

4. The removal of trimmings, rubbish, debris and solid waste.

Servicing means the furnishing and payment of:

1. Electric power for any public street light facilities or for the operation of any improvements.

2. Water for the irrigation of any landscaping or the maintenance of any improvements.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
This report consists of five (5) parts, as follows:

PART A - Plans and specifications for the improvements that are filed with the City Clerk.

Although separately bound, the plans and specifications are a part of this report and are included in it by reference only.

PART B - An estimate of the cost of the improvements for Fiscal Year 2023/2024.

PART C - An assessment of the estimated cost of the improvement and levy on each benefiting parcel of land within the district.

PART D - The Method of Apportionment by which the undersigned has determined the amount proposed to be levied on each parcel.

PART E - A diagram showing all parcels of real property within this district. The diagram is keyed to Part C by Assessor’s Parcel Number.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
PART A
PLANS
Plans for the landscape, irrigation and street lighting for each zone have been prepared by a variety of landscape architects and engineers. These Plans have been filed separately with the City Engineer’s office and are incorporated in this Report by reference only as the initial improvements were completed by separate contracts.

The following reference drawings are on file with the office of the City Engineer:

Zone I - Morgan Ranch, Landscape Plans (Dwg. No. 1560)
Zone II - Ventana Sierra, Landscape Plans (Dwg. No. 1689) Zone III - Scotia Pines, Subdivision Map (Dwg. No. 1719) Zone IV – Morgan Ranch West, Improvement Plans (Dwg. No. 2000) Zone V – Ridge Meadows, Improvement and Landscape Plans (Dwg. No. 1453)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 PART B

COST ESTIMATE
The estimated cost for the maintenance of improvements described in this report for the fiscal year 2023/2024 includes the use of reserve funds to provide maintenance of the landscape areas and is as follows:

ZONE 1
(Morgan Ranch)
ZONE 2
(Ventana Sierra)
ZONE 3
(Scotia Pines)
ZONE 4
(Morgan Ranch West)
ZONE 5
(Ridge Meadows)

COST INFORMATION
Maintenance Costs $45,000 $1,400 $300 $7,500 $8,930
Water and Electricity Servicing $8,900 $1,700 $800 $100 $650 County Administrative Fee $220 $100 $180 $220 $220
City Administration Costs $296 $190 $200 $180 $300
Total Direct and Admin Costs $54,416 $3,390 $1,480 $8,000 $10,100

ASSESSMENT INFORMATION
Direct Costs $54,416 $3,390 $1,480 $8,000 $10,100
Reserve Collections/ (Transfer) ($26,000) $0 $3,008 ($7,500) ($2,100) Net Total Assessment $28,416 $3,390 $4,488 $500 $8,000

FUND BALANCE

INFORMATION
Projected Reserve After FY
2022/2023 $54,652 $3,344 ($2,722) $8,400 $10,145
Interest Earnings $100 $20 $0 $30 $40
Reserve Fund Adjustments ($26,000) $0 $3,008 ($7,500) ($2,100) Projected Reserve at End of Year $28,752 $3,364 $286 $930 $8,085

Item # 9.
5/17/2023

FISCAL TOTAL MAX

YEAR ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $28,416.00 $28,420.26
.

Tax
Area 1st 2nd
Dwelling Units Levy Assessor Parcel No. Code Installment Installment - - - - - -
1 $74.00 008-060-048 01056 $37.00 $37.00
1 $74.00 008-060-049 01056 $37.00 $37.00
1 $74.00 008-060-050 01056 $37.00 $37.00
1 $74.00 008-060-051 01056 $37.00 $37.00
1 $74.00 008-060-052 01056 $37.00 $37.00
1 $74.00 008-060-053 01056 $37.00 $37.00
1 $74.00 008-861-001 01061 $37.00 $37.00
1 $74.00 008-861-002 01061 $37.00 $37.00
1 $74.00 008-861-003 01061 $37.00 $37.00
1 $74.00 008-861-004 01061 $37.00 $37.00
1 $74.00 008-861-005 01061 $37.00 $37.00
1 $74.00 008-861-006 01061 $37.00 $37.00
1 $74.00 008-861-007 01061 $37.00 $37.00
1 $74.00 008-861-008 01061 $37.00 $37.00
1 $74.00 008-861-010 01061 $37.00 $37.00
1 $74.00 008-861-011 01061 $37.00 $37.00
1 $74.00 008-861-012 01061 $37.00 $37.00
1 $74.00 008-861-013 01061 $37.00 $37.00
1 $74.00 008-861-014 01061 $37.00 $37.00
1 $74.00 008-861-015 01061 $37.00 $37.00
1 $74.00 008-861-016 01061 $37.00 $37.00
1 $74.00 008-861-017 01061 $37.00 $37.00
1 $74.00 008-861-018 01061 $37.00 $37.00
1 $74.00 008-861-020 01061 $37.00 $37.00
1 $74.00 008-861-021 01061 $37.00 $37.00
1 $74.00 008-861-022 01061 $37.00 $37.00
1 $74.00 008-861-023 01061 $37.00 $37.00
1 $74.00 008-861-024 01061 $37.00 $37.00
1 $74.00 008-861-025 01061 $37.00 $37.00
1 $74.00 008-861-026 01061 $37.00 $37.00
1 $74.00 008-861-027 01061 $37.00 $37.00
1 $74.00 008-861-028 01061 $37.00 $37.00
1 $74.00 008-861-029 01061 $37.00 $37.00
1 $74.00 008-861-030 01061 $37.00 $37.00
1 $74.00 008-861-031 01061 $37.00 $37.00
1 $74.00 008-861-032 01061 $37.00 $37.00
1 $74.00 008-861-033 01061 $37.00 $37.00
1 $74.00 008-861-034 01061 $37.00 $37.00
1 $74.00 008-861-035 01056 $37.00 $37.00
1 $74.00 008-861-036 01056 $37.00 $37.00
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
$28,416.00

TOTAL ASSESSMENT
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 1

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-861-037 01056 $37.00 $37.00
1 $74.00 008-861-038 01056 $37.00 $37.00
1 $74.00 008-861-039 01056 $37.00 $37.00
1 $74.00 008-861-040 01056 $37.00 $37.00
1 $74.00 008-880-001 01061 $37.00 $37.00
1 $74.00 008-880-002 01061 $37.00 $37.00
1 $74.00 008-880-003 01061 $37.00 $37.00
1 $74.00 008-880-004 01061 $37.00 $37.00
1 $74.00 008-880-005 01061 $37.00 $37.00
1 $74.00 008-880-006 01061 $37.00 $37.00
1 $74.00 008-880-007 01061 $37.00 $37.00
1 $74.00 008-880-008 01061 $37.00 $37.00
1 $74.00 008-880-009 01061 $37.00 $37.00
1 $74.00 008-880-010 01061 $37.00 $37.00
1 $74.00 008-880-011 01061 $37.00 $37.00
1 $74.00 008-880-012 01061 $37.00 $37.00
1 $74.00 008-880-013 01061 $37.00 $37.00
1 $74.00 008-880-014 01061 $37.00 $37.00
1 $74.00 008-880-015 01061 $37.00 $37.00
1 $74.00 008-880-016 01061 $37.00 $37.00
1 $74.00 008-880-017 01061 $37.00 $37.00
1 $74.00 008-880-018 01061 $37.00 $37.00
1 $74.00 008-880-019 01061 $37.00 $37.00
1 $74.00 008-880-020 01061 $37.00 $37.00
1 $74.00 008-880-021 01061 $37.00 $37.00
1 $74.00 008-880-022 01061 $37.00 $37.00
1 $74.00 008-880-023 01061 $37.00 $37.00
1 $74.00 008-880-024 01061 $37.00 $37.00
1 $74.00 008-880-025 01061 $37.00 $37.00
1 $74.00 008-880-026 01061 $37.00 $37.00
1 $74.00 008-880-027 01061 $37.00 $37.00
1 $74.00 008-880-028 01061 $37.00 $37.00
1 $74.00 008-880-029 01061 $37.00 $37.00
1 $74.00 008-880-030 01061 $37.00 $37.00
1 $74.00 008-880-031 01061 $37.00 $37.00
1 $74.00 008-880-032 01061 $37.00 $37.00
1 $74.00 008-880-033 01061 $37.00 $37.00
1 $74.00 008-880-034 01061 $37.00 $37.00
1 $74.00 008-880-035 01061 $37.00 $37.00
1 $74.00 008-880-036 01061 $37.00 $37.00
1 $74.00 008-880-037 01061 $37.00 $37.00
1 $74.00 008-890-001 01061 $37.00 $37.00
1 $74.00 008-890-002 01061 $37.00 $37.00
1 $74.00 008-890-003 01061 $37.00 $37.00
1 $74.00 008-890-004 01061 $37.00 $37.00
1 $74.00 008-890-005 01061 $37.00 $37.00
1 $74.00 008-890-006 01061 $37.00 $37.00
1 $74.00 008-890-007 01061 $37.00 $37.00
1 $74.00 008-890-008 01061 $37.00 $37.00
1 $74.00 008-890-009 01061 $37.00 $37.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 2

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-890-010 01061 $37.00 $37.00
1 $74.00 008-890-011 01061 $37.00 $37.00
1 $74.00 008-890-012 01061 $37.00 $37.00
1 $74.00 008-890-017 01061 $37.00 $37.00
1 $74.00 008-890-018 01061 $37.00 $37.00
1 $74.00 008-890-019 01061 $37.00 $37.00
1 $74.00 008-890-021 01061 $37.00 $37.00
1 $74.00 008-890-022 01061 $37.00 $37.00
1 $74.00 008-890-023 01061 $37.00 $37.00
1 $74.00 008-890-024 01061 $37.00 $37.00
1 $74.00 008-890-025 01061 $37.00 $37.00
1 $74.00 008-890-026 01061 $37.00 $37.00
1 $74.00 008-890-027 01061 $37.00 $37.00
1 $74.00 008-890-028 01061 $37.00 $37.00
1 $74.00 008-890-029 01061 $37.00 $37.00
1 $74.00 008-890-030 01061 $37.00 $37.00
1 $74.00 008-890-031 01061 $37.00 $37.00
1 $74.00 008-890-032 01061 $37.00 $37.00
1 $74.00 008-890-033 01061 $37.00 $37.00
1 $74.00 008-890-034 01061 $37.00 $37.00
1 $74.00 008-890-035 01061 $37.00 $37.00
1 $74.00 008-890-036 01061 $37.00 $37.00
1 $74.00 008-890-037 01061 $37.00 $37.00
1 $74.00 008-920-001 01061 $37.00 $37.00
1 $74.00 008-920-008 01061 $37.00 $37.00
1 $74.00 008-920-009 01061 $37.00 $37.00
1 $74.00 008-920-010 01061 $37.00 $37.00
1 $74.00 008-920-011 01061 $37.00 $37.00
1 $74.00 008-920-012 01061 $37.00 $37.00
1 $74.00 008-920-013 01061 $37.00 $37.00
1 $74.00 008-920-014 01061 $37.00 $37.00
1 $74.00 008-920-015 01061 $37.00 $37.00
1 $74.00 008-920-016 01061 $37.00 $37.00
1 $74.00 008-920-017 01061 $37.00 $37.00
1 $74.00 008-920-018 01061 $37.00 $37.00
1 $74.00 008-920-019 01061 $37.00 $37.00
1 $74.00 008-920-020 01061 $37.00 $37.00
1 $74.00 008-920-021 01061 $37.00 $37.00
1 $74.00 008-920-022 01061 $37.00 $37.00
1 $74.00 008-920-023 01061 $37.00 $37.00
1 $74.00 008-920-024 01061 $37.00 $37.00
1 $74.00 008-920-025 01061 $37.00 $37.00
1 $74.00 008-920-026 01061 $37.00 $37.00
1 $74.00 008-920-027 01061 $37.00 $37.00
1 $74.00 008-920-028 01061 $37.00 $37.00
1 $74.00 008-920-031 01061 $37.00 $37.00
1 $74.00 008-920-032 01061 $37.00 $37.00
1 $74.00 008-920-033 01061 $37.00 $37.00
1 $74.00 008-920-034 01061 $37.00 $37.00
1 $74.00 008-920-035 01061 $37.00 $37.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 3

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-931-001 01061 $37.00 $37.00
1 $74.00 008-931-002 01061 $37.00 $37.00
1 $74.00 008-931-003 01061 $37.00 $37.00
1 $74.00 008-931-004 01061 $37.00 $37.00
1 $74.00 008-931-005 01061 $37.00 $37.00
1 $74.00 008-931-006 01061 $37.00 $37.00
1 $74.00 008-931-007 01061 $37.00 $37.00
1 $74.00 008-931-008 01061 $37.00 $37.00
1 $74.00 008-931-009 01061 $37.00 $37.00
1 $74.00 008-931-010 01061 $37.00 $37.00
1 $74.00 008-931-011 01061 $37.00 $37.00
1 $74.00 008-931-012 01061 $37.00 $37.00
1 $74.00 008-931-013 01061 $37.00 $37.00
1 $74.00 008-931-014 01061 $37.00 $37.00
1 $74.00 008-931-015 01061 $37.00 $37.00
1 $74.00 008-931-016 01061 $37.00 $37.00
1 $74.00 008-931-017 01061 $37.00 $37.00
1 $74.00 008-931-018 01061 $37.00 $37.00
1 $74.00 008-931-019 01061 $37.00 $37.00
1 $74.00 008-931-020 01061 $37.00 $37.00
1 $74.00 008-931-021 01061 $37.00 $37.00
1 $74.00 008-931-022 01061 $37.00 $37.00
1 $74.00 008-931-023 01061 $37.00 $37.00
1 $74.00 008-931-024 01061 $37.00 $37.00
1 $74.00 008-931-025 01061 $37.00 $37.00
1 $74.00 008-931-026 01061 $37.00 $37.00
1 $74.00 008-931-027 01061 $37.00 $37.00
1 $74.00 008-931-028 01061 $37.00 $37.00
1 $74.00 008-931-029 01061 $37.00 $37.00
1 $74.00 008-931-030 01061 $37.00 $37.00
1 $74.00 008-931-031 01061 $37.00 $37.00
1 $74.00 008-931-032 01061 $37.00 $37.00
1 $74.00 008-931-033 01061 $37.00 $37.00
1 $74.00 008-931-034 01061 $37.00 $37.00
1 $74.00 008-931-035 01061 $37.00 $37.00
1 $74.00 008-931-036 01061 $37.00 $37.00
1 $74.00 008-931-037 01061 $37.00 $37.00
1 $74.00 008-931-038 01061 $37.00 $37.00
1 $74.00 008-931-039 01061 $37.00 $37.00
1 $74.00 008-931-040 01061 $37.00 $37.00
1 $74.00 008-931-041 01061 $37.00 $37.00
1 $74.00 008-931-042 01061 $37.00 $37.00
1 $74.00 008-931-043 01061 $37.00 $37.00
1 $74.00 008-931-044 01061 $37.00 $37.00
1 $74.00 008-931-045 01061 $37.00 $37.00
1 $74.00 008-931-046 01061 $37.00 $37.00
1 $74.00 008-931-047 01061 $37.00 $37.00
1 $74.00 008-931-048 01061 $37.00 $37.00
1 $74.00 008-931-049 01061 $37.00 $37.00
1 $74.00 008-931-050 01061 $37.00 $37.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 4

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-931-051 01061 $37.00 $37.00
1 $74.00 008-931-052 01061 $37.00 $37.00
1 $74.00 008-931-053 01061 $37.00 $37.00
1 $74.00 008-931-054 01061 $37.00 $37.00
1 $74.00 008-931-055 01061 $37.00 $37.00
1 $74.00 008-931-056 01061 $37.00 $37.00
1 $74.00 008-931-057 01061 $37.00 $37.00
1 $74.00 008-932-001 01061 $37.00 $37.00
1 $74.00 008-932-002 01061 $37.00 $37.00
1 $74.00 008-932-003 01061 $37.00 $37.00
1 $74.00 008-932-004 01061 $37.00 $37.00
1 $74.00 008-932-005 01061 $37.00 $37.00
1 $74.00 008-932-006 01061 $37.00 $37.00
1 $74.00 008-932-007 01061 $37.00 $37.00
1 $74.00 008-932-008 01061 $37.00 $37.00
1 $74.00 008-932-009 01061 $37.00 $37.00
1 $74.00 008-932-010 01061 $37.00 $37.00
1 $74.00 008-932-011 01061 $37.00 $37.00
1 $74.00 008-932-012 01061 $37.00 $37.00
1 $74.00 008-932-013 01061 $37.00 $37.00
1 $74.00 008-932-014 01061 $37.00 $37.00
1 $74.00 008-932-015 01061 $37.00 $37.00
1 $74.00 008-932-016 01061 $37.00 $37.00
1 $74.00 008-932-017 01061 $37.00 $37.00
1 $74.00 008-932-018 01061 $37.00 $37.00
1 $74.00 008-932-019 01061 $37.00 $37.00
1 $74.00 008-932-020 01061 $37.00 $37.00
1 $74.00 008-932-021 01061 $37.00 $37.00
1 $74.00 008-932-022 01061 $37.00 $37.00
1 $74.00 008-932-023 01061 $37.00 $37.00
1 $74.00 008-932-024 01061 $37.00 $37.00
1 $74.00 008-932-025 01061 $37.00 $37.00
1 $74.00 008-932-026 01061 $37.00 $37.00
1 $74.00 008-932-027 01061 $37.00 $37.00
1 $74.00 008-932-028 01061 $37.00 $37.00
1 $74.00 008-932-029 01061 $37.00 $37.00
1 $74.00 008-932-030 01061 $37.00 $37.00
1 $74.00 008-932-031 01061 $37.00 $37.00
1 $74.00 008-932-032 01061 $37.00 $37.00
1 $74.00 008-932-033 01061 $37.00 $37.00
1 $74.00 008-932-034 01061 $37.00 $37.00
1 $74.00 008-932-035 01061 $37.00 $37.00
1 $74.00 008-932-036 01061 $37.00 $37.00
1 $74.00 008-932-037 01061 $37.00 $37.00
1 $74.00 008-932-038 01061 $37.00 $37.00
1 $74.00 008-950-003 01061 $37.00 $37.00
1 $74.00 008-950-004 01061 $37.00 $37.00
1 $74.00 008-950-005 01061 $37.00 $37.00
1 $74.00 008-950-006 01061 $37.00 $37.00
1 $74.00 008-950-007 01061 $37.00 $37.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 5

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-950-008 01061 $37.00 $37.00
1 $74.00 008-950-009 01061 $37.00 $37.00
1 $74.00 008-950-010 01061 $37.00 $37.00
1 $74.00 008-950-011 01061 $37.00 $37.00
1 $74.00 008-950-012 01061 $37.00 $37.00
1 $74.00 008-950-013 01061 $37.00 $37.00
1 $74.00 008-950-014 01061 $37.00 $37.00
1 $74.00 008-950-015 01061 $37.00 $37.00
1 $74.00 008-950-016 01061 $37.00 $37.00
1 $74.00 008-950-017 01061 $37.00 $37.00
1 $74.00 008-950-018 01061 $37.00 $37.00
1 $74.00 008-950-019 01061 $37.00 $37.00
1 $74.00 008-950-020 01061 $37.00 $37.00
1 $74.00 008-950-021 01061 $37.00 $37.00
1 $74.00 008-950-022 01061 $37.00 $37.00
1 $74.00 008-950-023 01061 $37.00 $37.00
1 $74.00 008-950-024 01061 $37.00 $37.00
1 $74.00 008-950-025 01061 $37.00 $37.00
1 $74.00 008-950-026 01061 $37.00 $37.00
1 $74.00 008-950-027 01061 $37.00 $37.00
1 $74.00 008-950-028 01061 $37.00 $37.00
1 $74.00 008-950-037 01061 $37.00 $37.00
1 $74.00 008-950-038 01061 $37.00 $37.00
1 $74.00 008-950-039 01061 $37.00 $37.00
1 $74.00 008-950-040 01061 $37.00 $37.00
1 $74.00 008-950-041 01061 $37.00 $37.00
1 $74.00 008-950-042 01061 $37.00 $37.00
1 $74.00 008-950-043 01061 $37.00 $37.00
1 $74.00 008-950-044 01061 $37.00 $37.00
1 $74.00 008-950-045 01061 $37.00 $37.00
1 $74.00 008-950-046 01061 $37.00 $37.00
1 $74.00 008-950-047 01061 $37.00 $37.00
1 $74.00 008-950-048 01061 $37.00 $37.00
1 $74.00 008-950-049 01061 $37.00 $37.00
1 $74.00 008-950-050 01061 $37.00 $37.00
1 $74.00 008-950-051 01061 $37.00 $37.00
1 $74.00 008-950-055 01061 $37.00 $37.00
1 $74.00 008-950-058 01061 $37.00 $37.00
1 $74.00 008-950-060 01061 $37.00 $37.00
1 $74.00 008-950-061 01056 $37.00 $37.00
1 $74.00 008-950-062 01056 $37.00 $37.00
1 $74.00 008-950-063 01056 $37.00 $37.00
1 $74.00 008-950-064 01056 $37.00 $37.00
1 $74.00 008-950-065 01061 $37.00 $37.00
1 $74.00 008-950-066 01061 $37.00 $37.00
1 $74.00 008-950-067 01061 $37.00 $37.00
1 $74.00 008-950-068 01061 $37.00 $37.00
1 $74.00 008-950-069 01061 $37.00 $37.00
1 $74.00 008-950-070 01061 $37.00 $37.00
1 $74.00 008-950-071 01061 $37.00 $37.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 6

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-950-072 01061 $37.00 $37.00
1 $74.00 008-950-073 01061 $37.00 $37.00
1 $74.00 008-950-074 01056 $37.00 $37.00
1 $74.00 008-950-075 01056 $37.00 $37.00
1 $74.00 008-950-076 01061 $37.00 $37.00
1 $74.00 008-960-003 01061 $37.00 $37.00
1 $74.00 008-960-004 01061 $37.00 $37.00
1 $74.00 008-960-005 01061 $37.00 $37.00
1 $74.00 008-960-006 01061 $37.00 $37.00
1 $74.00 008-960-007 01061 $37.00 $37.00
1 $74.00 008-960-008 01061 $37.00 $37.00
1 $74.00 008-960-010 01061 $37.00 $37.00
1 $74.00 008-960-014 01061 $37.00 $37.00
1 $74.00 008-960-015 01061 $37.00 $37.00
1 $74.00 008-960-016 01061 $37.00 $37.00
1 $74.00 008-960-017 01061 $37.00 $37.00
1 $74.00 008-960-018 01061 $37.00 $37.00
1 $74.00 008-960-019 01061 $37.00 $37.00
1 $74.00 008-960-020 01061 $37.00 $37.00
1 $74.00 008-960-021 01061 $37.00 $37.00
1 $74.00 008-960-022 01061 $37.00 $37.00
1 $74.00 008-960-023 01061 $37.00 $37.00
1 $74.00 008-960-024 01061 $37.00 $37.00
1 $74.00 008-960-028 01061 $37.00 $37.00
1 $74.00 008-960-029 01061 $37.00 $37.00
1 $74.00 008-960-030 01061 $37.00 $37.00
1 $74.00 008-960-031 01061 $37.00 $37.00
1 $74.00 008-960-032 01061 $37.00 $37.00
1 $74.00 008-960-033 01061 $37.00 $37.00
1 $74.00 008-960-034 01061 $37.00 $37.00
1 $74.00 008-960-040 01061 $37.00 $37.00
1 $74.00 008-960-041 01061 $37.00 $37.00
1 $74.00 008-960-042 01061 $37.00 $37.00
1 $74.00 008-960-043 01061 $37.00 $37.00
1 $74.00 008-960-044 01061 $37.00 $37.00
1 $74.00 008-970-002 01056 $37.00 $37.00
1 $74.00 008-970-003 01056 $37.00 $37.00
1 $74.00 008-970-004 01056 $37.00 $37.00
1 $74.00 008-970-005 01056 $37.00 $37.00
1 $74.00 008-970-006 01056 $37.00 $37.00
1 $74.00 008-970-007 01056 $37.00 $37.00
1 $74.00 008-970-008 01056 $37.00 $37.00
1 $74.00 008-970-009 01056 $37.00 $37.00
1 $74.00 008-970-010 01056 $37.00 $37.00
1 $74.00 008-970-011 01056 $37.00 $37.00
1 $74.00 008-970-012 01056 $37.00 $37.00
1 $74.00 008-970-014 01056 $37.00 $37.00
1 $74.00 008-970-015 01056 $37.00 $37.00
1 $74.00 008-970-016 01056 $37.00 $37.00
1 $74.00 008-970-017 01056 $37.00 $37.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 7

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 1 - Morgan Ranch Subdivision
1 $74.00 008-970-018 01056 $37.00 $37.00
1 $74.00 008-970-019 01056 $37.00 $37.00
1 $74.00 008-970-020 01056 $37.00 $37.00
1 $74.00 008-970-021 01056 $37.00 $37.00
1 $74.00 008-970-022 01056 $37.00 $37.00
1 $74.00 008-970-023 01056 $37.00 $37.00
1 $74.00 008-970-024 01056 $37.00 $37.00
1 $74.00 008-970-025 01056 $37.00 $37.00
1 $74.00 008-970-026 01056 $37.00 $37.00
1 $74.00 008-970-027 01056 $37.00 $37.00
1 $74.00 008-970-028 01056 $37.00 $37.00
1 $74.00 008-970-029 01056 $37.00 $37.00
1 $74.00 008-970-030 01056 $37.00 $37.00
1 $74.00 008-970-031 01056 $37.00 $37.00
1 $74.00 008-970-032 01056 $37.00 $37.00
1 $74.00 008-970-033 01056 $37.00 $37.00
1 $74.00 008-970-034 01056 $37.00 $37.00
1 $74.00 008-970-036 01061 $37.00 $37.00
1 $74.00 008-970-037 01061 $37.00 $37.00
1 $74.00 008-970-039 01061 $37.00 $37.00
1 $74.00 008-970-040 01056 $37.00 $37.00
1 $74.00 008-970-041 01056 $37.00 $37.00
1 $74.00 008-970-042 01056 $37.00 $37.00
1 $74.00 008-970-043 01056 $37.00 $37.00
1 $74.00 008-970-044 01056 $37.00 $37.00
1 $74.00 008-970-045 01056 $37.00 $37.00
1 $74.00 008-970-046 01056 $37.00 $37.00
1 $74.00 008-970-047 01056 $37.00 $37.00
1 $74.00 008-970-048 01056 $37.00 $37.00
1 $74.00 008-970-049 01056 $37.00 $37.00
1 $74.00 008-970-050 01056 $37.00 $37.00
1 $74.00 008-970-051 01056 $37.00 $37.00
1 $74.00 008-970-052 01056 $37.00 $37.00
1 $74.00 008-970-053 01056 $37.00 $37.00
1 $74.00 008-970-054 01056 $37.00 $37.00
1 $74.00 008-970-055 01056 $37.00 $37.00
1 $74.00 008-970-056 01056 $37.00 $37.00
1 $74.00 008-970-057 01056 $37.00 $37.00
1 $74.00 008-970-058 01056 $37.00 $37.00
1 $74.00 008-970-059 01056 $37.00 $37.00
1 $74.00 008-970-060 01056 $37.00 $37.00
1 $74.00 008-970-061 01056 $37.00 $37.00
1 $74.00 008-970-062 01056 $37.00 $37.00
1 $74.00 008-970-063 01056 $37.00 $37.00
384 $28,416.00 Subtotal - Developed Land $14,208.00 $14,208.00 H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 1 - Page 8

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 2 - Ventana Sierra (Tract 90-03)

FISCAL TOTAL MAX

YEAR ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $3,390.00 $3,552.21
Number Tax
of Dwelling Area 1st 2nd
Units Levy Assessor Parcel No. Code Installment Installment - - - - ---------------------
1 178.42 004-630-002 01061 89.21 89.21
1 178.42 004-630-003 01061 89.21 89.21
1 178.42 004-630-004 01061 89.21 89.21
1 178.42 004-630-005 01061 89.21 89.21
1 178.42 004-630-006 01061 89.21 89.21
1 178.42 004-630-007 01061 89.21 89.21
1 178.42 004-630-008 01061 89.21 89.21
1 178.42 004-630-009 01061 89.21 89.21
1 178.42 004-630-010 01061 89.21 89.21
1 178.42 004-630-011 01061 89.21 89.21
1 178.42 004-630-012 01061 89.21 89.21
1 178.42 004-630-013 01061 89.21 89.21
1 178.42 004-630-014 01061 89.21 89.21
1 178.42 004-630-015 01061 89.21 89.21
1 178.42 004-630-016 01061 89.21 89.21
1 178.42 004-630-017 01061 89.21 89.21
1 178.42 004-630-020 01061 89.21 89.21
1 178.42 004-630-021 01061 89.21 89.21
1 178.42 004-630-023 01061 89.21 89.21
19 $3,389.98 $1,694.99 $1,694.99
TOTAL

ASSESSMENT
$3,389.98
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 2 - Page 10Page 72 Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 3 - Scotia Pines Subdivision

FISCAL TOTAL MAX

YEAR ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $4,488.00 $4,488.45
Number Tax
of Dwelling Area 1st 2nd
Units Levy Assessor Parcel No. Code Installment Installment - - - - -
1 81.60 029-330-001 01000 40.80 40.80
1 81.60 029-330-002 01000 40.80 40.80
1 81.60 029-330-003 01000 40.80 40.80
1 81.60 029-330-005 01000 40.80 40.80
1 81.60 029-330-006 01000 40.80 40.80
1 81.60 029-330-007 01000 40.80 40.80
1 81.60 029-330-008 01000 40.80 40.80
1 81.60 029-330-009 01000 40.80 40.80
1 81.60 029-330-010 01000 40.80 40.80
1 81.60 029-330-011 01000 40.80 40.80
1 81.60 029-330-012 01000 40.80 40.80
1 81.60 029-330-013 01000 40.80 40.80
1 81.60 029-330-014 01000 40.80 40.80
1 81.60 029-330-015 01000 40.80 40.80
1 81.60 029-330-016 01000 40.80 40.80
1 81.60 029-330-017 01000 40.80 40.80
1 81.60 029-330-018 01000 40.80 40.80
1 81.60 029-330-019 01000 40.80 40.80
1 81.60 029-330-020 01000 40.80 40.80
1 81.60 029-330-021 01000 40.80 40.80
1 81.60 029-330-022 01000 40.80 40.80
1 81.60 029-330-023 01000 40.80 40.80
1 81.60 029-330-024 01000 40.80 40.80
1 81.60 029-330-026 01000 40.80 40.80
1 81.60 029-330-027 01000 40.80 40.80
1 81.60 029-330-030 01000 40.80 40.80
1 81.60 029-330-031 01000 40.80 40.80
1 81.60 029-330-032 01000 40.80 40.80
1 81.60 029-330-033 01000 40.80 40.80
1 81.60 029-330-034 01000 40.80 40.80
1 81.60 029-330-035 01000 40.80 40.80
1 81.60 029-330-036 01000 40.80 40.80
1 81.60 029-330-037 01000 40.80 40.80
1 81.60 029-330-038 01000 40.80 40.80
1 81.60 029-330-039 01000 40.80 40.80
1 81.60 029-330-040 01000 40.80 40.80
TOTAL

ASSESSMENT
$4,488.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 3 - Page 11Page 73 Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 3 - Scotia Pines Subdivision
1 81.60 029-330-041 01000 40.80 40.80
1 81.60 029-330-042 01000 40.80 40.80
1 81.60 029-330-043 01000 40.80 40.80
1 81.60 029-330-044 01000 40.80 40.80
1 81.60 029-330-047 01000 40.80 40.80
1 81.60 029-330-048 01000 40.80 40.80
1 81.60 029-330-049 01000 40.80 40.80
1 81.60 029-330-050 01000 40.80 40.80
1 81.60 029-330-051 01000 40.80 40.80
1 81.60 029-330-052 01000 40.80 40.80
1 81.60 029-330-053 01000 40.80 40.80
1 81.60 029-330-054 01000 40.80 40.80
1 81.60 029-330-055 01000 40.80 40.80
1 81.60 029-330-056 01000 40.80 40.80
1 81.60 029-330-061 01000 40.80 40.80
1 81.60 029-330-062 01000 40.80 40.80
1 81.60 029-330-064 01000 40.80 40.80
1 81.60 029-330-065 01000 40.80 40.80
1 81.60 029-330-066 01000 40.80 40.80
55 $4,488.00 $2,244.00 $2,244.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 3 - Page 12Page 74 Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 4 - Morgan Ranch West

FISCAL TOTAL MAX

YEAR ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $500.00 $572.93
Number Tax
of Dwelling Area 1st 2nd
Units Levy Assessor Parcel No. Code Installment Installment - - - - -
1 20.00 004-660-002 01056 10.00 10.00
1 20.00 004-660-003 01056 10.00 10.00
1 20.00 004-660-004 01056 10.00 10.00
1 20.00 004-660-005 01056 10.00 10.00
1 20.00 004-660-006 01056 10.00 10.00
1 20.00 004-660-007 01056 10.00 10.00
1 20.00 004-660-008 01056 10.00 10.00
1 20.00 004-660-009 01056 10.00 10.00
1 20.00 004-660-010 01056 10.00 10.00
1 20.00 004-660-011 01056 10.00 10.00
1 20.00 004-660-012 01056 10.00 10.00
1 20.00 004-660-013 01056 10.00 10.00
1 20.00 004-660-014 01056 10.00 10.00
1 20.00 004-660-015 01056 10.00 10.00
1 20.00 004-660-016 01056 10.00 10.00
1 20.00 004-660-017 01056 10.00 10.00
1 20.00 004-660-018 01056 10.00 10.00
1 20.00 004-660-019 01056 10.00 10.00
1 20.00 004-660-020 01056 10.00 10.00
1 20.00 004-660-021 01056 10.00 10.00
1 20.00 004-660-022 01056 10.00 10.00
1 20.00 004-660-023 01056 10.00 10.00
1 20.00 004-660-024 01056 10.00 10.00
1 20.00 004-660-029 01056 10.00 10.00
1 20.00 004-660-027 01056 10.00 10.00
25 $500.00 $250.00 $250.00
TOTAL

ASSESSMENT
$500.00
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 4 - Page 13Page 75 Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 5 - Ridge Meadows

FISCAL TOTAL MAX

YEAR ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $8,000.14 $10,477.95
Number Tax
of Dwelling Area 1st 2nd
Units Levy Assessor Parcel No. Code Installment Installment - - - - -
1 216.22 008-980-001 01056 108.11 108.11
1 216.22 008-980-002 01056 108.11 108.11
1 216.22 008-980-003 01056 108.11 108.11
1 216.22 008-980-004 01056 108.11 108.11
1 216.22 008-980-005 01056 108.11 108.11
1 216.22 008-980-006 01056 108.11 108.11
1 216.22 008-980-007 01056 108.11 108.11
1 216.22 008-980-008 01056 108.11 108.11
1 216.22 008-980-009 01056 108.11 108.11
1 216.22 008-980-010 01056 108.11 108.11
1 216.22 008-980-011 01056 108.11 108.11
1 216.22 008-980-012 01056 108.11 108.11
1 216.22 008-980-013 01056 108.11 108.11
1 216.22 008-980-014 01056 108.11 108.11
1 216.22 008-980-015 01056 108.11 108.11
1 216.22 008-980-016 01056 108.11 108.11
1 216.22 008-980-017 01056 108.11 108.11
1 216.22 008-980-018 01056 108.11 108.11
1 216.22 008-980-019 01056 108.11 108.11
1 216.22 008-980-020 01056 108.11 108.11
1 216.22 008-980-021 01056 108.11 108.11
1 216.22 008-980-022 01056 108.11 108.11
1 216.22 008-980-023 01056 108.11 108.11
1 216.22 008-980-024 01056 108.11 108.11
1 216.22 008-980-025 01056 108.11 108.11
1 216.22 008-980-026 01056 108.11 108.11
1 216.22 008-980-027 01056 108.11 108.11
1 216.22 008-980-028 01056 108.11 108.11
1 216.22 008-980-029 01056 108.11 108.11
1 216.22 008-980-030 01056 108.11 108.11
1 216.22 008-980-031 01056 108.11 108.11
1 216.22 008-980-032 01056 108.11 108.11
1 216.22 008-980-033 01056 108.11 108.11
1 216.22 008-980-034 01056 108.11 108.11
1 216.22 008-980-035 01056 108.11 108.11
1 216.22 008-980-036 01056 108.11 108.11
1 216.22 008-980-037 01056 108.11 108.11
37 $8,000.14 $4,000.07 $4,000.07
TOTAL

ASSESSMENT
$8,000.14
H:\L&L\2023-24\Residential\2324Assessment Roll Levy_Res Zone 5 - Page 82Page 76 Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 PART D

METHOD OF APPORTIONING
In order to maintain sufficient funding for the Districts, assessments will be adjusted annually by the Consumer Price Indexes (CPI) Pacific Cities and U.S. City Average for February of the year of calculation All Items Indexes for the West. The corresponding CPI for February 2023 was 6.0%.

ZONE I - Morgan Ranch
The Morgan Ranch Subdivision was annexed into the 1988-2 Residential L&L District in 1996. Because the district was created before Proposition 218, the initial assessment per dwelling unit of $87.00 has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund. Per the formation documents, it is the intent that each dwelling unit of the project shares equally in all expenses of Zone I.

The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments (“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year. The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels) Based on the total build-out number of parcels as of 6/1/2023, and the total assessment needed for FY 2023/2024, the levy will be increased $4.18 per dwelling unit to $74.00 per dwelling unit in accordance with the Consumer Price Index.

The total assessment for 2022/2023 was $24,811.57. Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $28,420.26. The actual total assessment will be $28,416.00. Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula shown above which evenly distributes the assessment over the number of parcels.

ZONE II - Ventana Sierra (Tract 90-03)
The Ventana Sierra Subdivision was annexed into the 1988-2 Residential L&L District in 1993. Because the district was created before Proposition 218, the initial assessment per dwelling unit of $190.00 has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund. Per the formation documents, it is the intent that each dwelling unit of the project shares equally in all expenses of Zone II.

The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
(“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year. The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels) Based on the total number of parcels in Ventana Sierra as of 6/1/2023 and the total assessment needed for FY 2023/2024, the levy will be increased $10.00 per dwelling unit to $178.42 per dwelling unit in accordance with the Consumer Price Index.

The total annual assessment for 2022/2023 was $3,351.14. Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $3,552.21 The actual total assessment will be $3,389.98. Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula shown above which evenly distributes the assessment over the number of parcels.

ZONE III - Scotia Pines Subdivision
The Scotia Pines Subdivision was annexed into the 1988-2 Residential L&L District in 1996. Because the district was created before Proposition 218, the initial assessment per dwelling unit of $66.27 has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund. Per the formation documents, it is the intent that each dwelling unit of the project shares equally in all expenses of Zone III.

The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments (“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year. The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels) Based on the total number of parcels in Scotia Pines as of 6/1/2023 and the total assessment needed for FY 2023/2024, the levy will be increased $4.62 per dwelling unit to $81.60 per dwelling unit in accordance with the CPI.

The total annual assessment for 2022/2023 was $4,233.39. Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $4,488.45. The actual total assessment will be $4,488.00. Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula shown above which evenly distributes the assessment over the number of parcels.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
ZONE IV - Morgan Ranch West
The Morgan Ranch West Subdivision was annexed into the 1988-2 Residential L&L District in 2010.

Because the district was created before Proposition 218, the initial assessment per dwelling unit of $51.08 has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund. Per the formation documents, it is the intent that each dwelling unit of the project shares equally in all expenses of Zone IV.

The street lights in Morgan Ranch West and the maintenance of those street lights are of entirely local and special benefit to the parcels in Morgan Ranch West, and no general benefits are provided by them.

The street lighting services funded by the District constitute residential street lighting which provides safety lighting and sidewalk and parking illumination for the special benefit of assessed parcels.

The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments (“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year. The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels) Based on the total build-out number of parcels as of 6/1/2023, and the total assessment needed for FY 2023/2024, the levy will remain unchanged at $20.00 per dwelling unit.

The total annual assessment for 2022/2023 was $500. Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $572.93. The actual total assessment will be $500.00. Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula shown above which evenly distributes the assessment over the number of parcels.

ZONE V – Ridge Meadows
The Ridge Meadows Subdivision was annexed into the 1988-2 Residential L&L District in 2016.

Because the district was created before Proposition 218, the initial assessment per dwelling unit of $239.72 has been adjusted annually based on actual increases in utility and maintenance costs and the balance of the operational reserve fund. Per the formation documents, it is the intent that each dwelling unit of the project shares equally in all expenses of Zone V.

The landscaping, irrigation and street lights in Ridge Meadows and the maintenance of the landscaping, irrigation and street lights are of entirely local and special benefit to the parcels in Ridge Meadows, and no general benefits are provided by them. The street lighting services funded by the District constitute residential street lighting which provides safety lighting and sidewalk and parking illumination for the special benefit of assessed parcels.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
The annual maximum assessments shall be adjusted annually, as set forth hereinafter, based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the United States Department of Labor, Bureau of Labor Statistics. The Base Index to be used for subsequent annual adjustments (“Base Index”) shall be the Index published annually in February (“Base Month”). The annual maximum assessment per lot, as defined in this report, shall be adjusted every year based upon the cumulative increase, if any, in the Index as it stands on the Base Month of each year over the Base Index. Any reduction or de-escalation in the Index from one year to the next will not result in a reduction of the annual costs. The annual costs will be levied consistent with the previous year. The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels) Based on the total build-out number of parcels as of 6/1/2023, and the total assessment needed for FY 2023/2024, the levy will remain unchanged at $216.22 per dwelling unit.

The total annual assessment for 2022/2023 was $8,000.14. Applying the inflation adjustment based on the cumulative increase to the initial assessment, the maximum allowable assessment for 2023/2024 is $10,477.95. The actual total assessment will be $8,000.14. Each parcel’s assessment rate, as depicted in Part C was calculated by using the assessment per parcel formula shown above which evenly distributes the assessment over the number of parcels.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Residential Landscaping and Lighting District No. 1988-2 H:\L&L\2023-24\Residential\2324EngReport_Res L&L.docx
PART E

ASSESSMENT DIAGRAM
The following pages are excerpts from the latest Assessor’s Parcel Maps of the County of Nevada illustrating the approximate location, size and area of the benefiting parcels within the Landscaping and Lighting District.

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 1

Item # 9.

ZONE 2

Item # 9.

ZONE 3

Item # 9.

ZONE 4

Item # 9.

ZONE 5

Item # 9.

RESOLUTION NO. 2023-27

RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS
PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982
ASSESSMENT DISTRICT NO. 2003-1
(Morgan Ranch-Unit 7)
The City Council of the City of Grass Valley resolves:

1. The City Council intends to levy and collect assessments within City of Grass Valley Benefit Assessment District No. 2003-1 (Morgan Ranch – Unit 7) during Fiscal Year 2023-24. The area of land to be assessed is located in the City of Grass Valley, Nevada County.

2. The improvements to be made in this assessment district are generally described as the maintenance, operation and servicing of drainage improvements in the District

3. Bjorn Jones, P.E., Engineer of Work has filed with the City Clerk the report required by the Benefit Assessment Act of 1982. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

4. On Tuesday, the 27th day of June, 2023, at the hour of 7:00 o'clock p.m. or as soon thereafter as the matter can be heard; the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Grass Valley Council Chambers, 125 East Main St., Grass Valley, California.

5. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Morgan Ranch-Unit 7 in the amount of $480.00. This

Item # 9.
amount represents the same amount as the prior year. Based on the total number of parcels in Morgan Ranch-Unit 7, the levy is $20.00 per dwelling unit.

6. The City Clerk is authorized and directed to give the notice of hearing required by the Benefit Assessment District Act of 1982.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 13th day of June, 2023, by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAINING: Council Members
____________________________________
Jan Arbuckle, Mayor
ATTEST: ______________________________
Taylor Day, City Clerk
APPROVED AS TO FORM: ______________________________
Michael Colantuono, City Attorney

Item # 9.

ENGINEER’S REPORT
MORGAN RANCH UNIT 7 BENEFIT ASSESSMENT DISTRICT NO. 2003-1 ANNUAL ASSESMENT 2023/2024
for

CITY OF GRASS VALLEY

NEVADA COUNTY, CALIFORNIA
Respectfully submitted, as directed by the City Council.

By: _____________________
Bjorn P. Jones, P.E.

R.C.E. No. 75378

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch Unit 7 Benefit Assessment District No. 2010-1 H:\BAD\MR Unit7\2324\2324EngReport_MR Unit7.docx
ENGINEER’S REPORT AFFIDAVIT
BENFIT ASSESSMENT DISTRICT NO. 2003-1
(Morgan Ranch Unit 7)
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ______________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Grass Valley, California, on the _______ day of _________________, 2023. ___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Nevada on the _______ day of ___________________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch Unit 7 Benefit Assessment District No. 2010-1 H:\BAD\MR Unit7\2324\2324EngReport_MR Unit7.docx

OVERVIEW
Bjorn P. Jones, Engineer of Work for Morgan Ranch Unit 7 Benefit Assessment District No. 2003-1, City of Grass Valley, Nevada County, California makes this report, as directed by City Council, pursuant to Section 54715 of the Government Code (Benefit Assessment District of 1982).

The improvements which are the subject matter of this report are briefly described as follows:

Morgan Ranch Unit 7
The maintenance, operation and servicing of drainage improvements, as delineated on plans prepared by Nevada City Engineering, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district, including the maintenance, operations, and servicing of the drainage improvements.

This report consists of five (5) parts, as follows:

PART A - Plans and specifications for the improvements that are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference only.

PART B - An estimate of the cost of the improvements for Fiscal Year 2023/2024.

PART C - An assessment of the estimated cost of the improvement and levy on each benefiting parcel of land within the district.

PART D - The Method of Apportionment by which the undersigned has determined the amount proposed to be levied on each parcel.

PART E - A diagram showing all parcels of real property within this district.

The diagram is keyed to Part C by Assessor’s Parcel Number.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch Unit 7 Benefit Assessment District No. 2010-1 H:\BAD\MR Unit7\2324\2324EngReport_MR Unit7.docx
PART A
PLANS
Plans and specifications for the drainage improvements have been prepared by Nevada City Engineering.

These Plans and Specifications have been filed separately with the City Clerk and the City Engineer’s office and are incorporated in this Report by reference only; the initial improvements were completed by separate contracts.

The following reference drawings are on file with the office of the City Engineer:

Morgan Ranch - Unit 7 Plans (Dwg No. 1892)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch Unit 7 Benefit Assessment District No. 2010-1 H:\BAD\MR Unit7\2324\2324EngReport_MR Unit7.docx
PART B

COST ESTIMATE
The estimated cost for the maintenance of improvements described in this Report for the fiscal year 2023/2024 includes the use of reserve funds to provide maintenance to the detention basins and is as follows:

COST INFORMATION
Direct Maintenance Costs $10,000
County Administrative Fee $215
City Administration Costs $265
Total Direct and Admin Costs $10,480

ASSESSMENT INFORMATION
Direct Costs $10,480
Reserve Collections/ (Transfer) ($10,000)
Net Total Assessment $480
Projected Reserve After FY 2022/2023 $19,390
Interest Earnings $65
Reserve Fund Adjustments ($10,000)
Projected Reserve at End of Year $9,455

FUND BALANCE INFORMATION
Morgan Ranch Unit 7

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Morgan Ranch - Unit 7 Subdivision

FISCAL TOTAL MAX TOTAL

YEAR ASSESSMENT ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $480.00 $550.01 $480.00
Percent of Tax
Undeveloped Land Area 1st 2nd
or No. of Dwelling Units Levy Assessor Parcel No. Code Installment Installment 1 $20.00 008-970-040 01056 $10.00 $10.00
1 $20.00 008-970-041 01056 $10.00 $10.00
1 $20.00 008-970-042 01056 $10.00 $10.00
1 $20.00 008-970-043 01056 $10.00 $10.00
1 $20.00 008-970-044 01056 $10.00 $10.00
1 $20.00 008-970-045 01056 $10.00 $10.00
1 $20.00 008-970-046 01056 $10.00 $10.00
1 $20.00 008-970-047 01056 $10.00 $10.00
1 $20.00 008-970-048 01056 $10.00 $10.00
1 $20.00 008-970-049 01056 $10.00 $10.00
1 $20.00 008-970-050 01056 $10.00 $10.00
1 $20.00 008-970-051 01056 $10.00 $10.00
1 $20.00 008-970-052 01056 $10.00 $10.00
1 $20.00 008-970-053 01056 $10.00 $10.00
1 $20.00 008-970-054 01056 $10.00 $10.00
1 $20.00 008-970-055 01056 $10.00 $10.00
1 $20.00 008-970-056 01056 $10.00 $10.00
1 $20.00 008-970-057 01056 $10.00 $10.00
1 $20.00 008-970-058 01056 $10.00 $10.00
1 $20.00 008-970-059 01056 $10.00 $10.00
1 $20.00 008-970-060 01056 $10.00 $10.00
1 $20.00 008-970-061 01056 $10.00 $10.00
1 $20.00 008-970-062 01056 $10.00 $10.00
1 $20.00 008-970-063 01056 $10.00 $10.00
24 $480.00 Subtotal - Developed Land $240.00 $240.00
H:\BAD\MR Unit7\2324\Part C Assessment_MR Unit 7 Page 1 Page 102 Item # 9.

City of Grass Valley
2022/2023 Engineer’s Report
Morgan Ranch Unit 7 Benefit Assessment District No. 2010-1 H:\BAD\MR Unit7\2223\EngReport_MR Unit7.docx
PART D

METHOD OF APPORTIONING
In order to maintain sufficient funding for the Districts, assessments will be adjusted annually by the Consumer Price Indexes (CPI) Pacific Cities and U.S. City Average for February of the year of calculation All Items Indexes for the West. The corresponding CPI for February 2022 was 8.1%.

Morgan Ranch Unit 7
The initial assessment spread created a yearly assessment per dwelling unit of $84.29. It is the intent that each dwelling unit of the entire project share equally in all expenses upon completion.

The 2021/2022 assessment was $480. Applying the inflation adjustment, the maximum allowable assessment for 2022/2023 is $550.01 The actual total assessment will remain unchanged at $480.00.

Based on the total build-out number of parcels and the total assessment needed, the FY 2022/2023 levy will remain at $20.00 per dwelling unit.

The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch Unit 7 Benefit Assessment District No. 2010-1 H:\BAD\MR Unit7\2324\2324EngReport_MR Unit7.docx
PART E

ASSESSMENT DIAGRAM
The following pages are excerpts from the latest Assessor’s Parcel Maps of the County of Nevada illustrating the approximate location, size and area of the benefiting parcels within the Benefit Assessment District.

Item # 9.

Item # 9.

RESOLUTION NO. 2023-28

RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS
PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982
ASSESSMENT DISTRICT NO. 2010-1
(Morgan Ranch West)
The City Council of the City of Grass Valley resolves:

1. The City Council intends to levy and collect assessments within City of Grass Valley Benefit Assessment District No. 2010-1 (Morgan Ranch West) during Fiscal Year 2023-24. The area of land to be assessed is located in the City of Grass Valley, Nevada County.

2. The improvements to be made in this assessment district are described as the maintenance, operation and servicing of drainage improvements in the District.

3. Bjorn Jones, P.E., Engineer of Work, has filed with the City Clerk the report required by the Benefit Assessment Act of 1982. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

4. On Tuesday, the 27th day of June, 2023, at the hour of 7:00 o'clock p.m. or as soon thereafter as the matter can be heard; the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Grass Valley Council Chambers, 125 East Main St., Grass Valley, California.

5. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Morgan Ranch West in the amount of $750.00. This is amount represents the same amount as the prior fiscal year. Based on the total

Item # 9.
number of parcels in Morgan Ranch West, the levy is $30.00 per dwelling unit.

6. The City Clerk is authorized and directed to give the notice of hearing required by the Benefit Assessment District Act of 1982.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 13th day of June, 2023, by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAINING: Council Members
______________________________
Jan Arbuckle, Mayor
ATTEST: ______________________________
Taylor Day, City Clerk
APPROVED AS TO FORM: ______________________________
Michael Colantuono, City Attorney

Item # 9.

ENGINEER’S REPORT
MORGAN RANCH WEST BENEFIT ASSESSMENT DISTRICT NO. 2010-1 ANNUAL ASSESMENT 2023/2024
for

CITY OF GRASS VALLEY

NEVADA COUNTY, CALIFORNIA
Respectfully submitted, as directed by the City Council.

By: _____________________
Bjorn P. Jones P.E.

R.C.E. No. 75378

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch West Benefit Assessment District No. 2010-1 H:\BAD\MR West\2324\2324EngReport_MR West BAD.docx
ENGINEER’S REPORT AFFIDAVIT
BENFIT ASSESSMENT DISTRICT NO. 2010-1
(Morgan Ranch West)
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ______________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Grass Valley, California, on the _______ day of _________________, 2023. ___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Nevada on the _______ day of ___________________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch West Benefit Assessment District No. 2010-1 H:\BAD\MR West\2324\2324EngReport_MR West BAD.docx

OVERVIEW
Bjorn P. Jones Engineer of Work for Morgan Ranch West Benefit Assessment District No. 2010-1, City of Grass Valley, Nevada County, California makes this report, as directed by City Council, pursuant to Section 54715 of the Government Code (Benefit Assessment District of 1982).

The improvements which are the subject matter of this report are briefly described as follows:

Morgan Ranch West
The maintenance, operation and servicing of drainage improvements, as delineated on plans prepared by Nevada City Engineering, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district, including the maintenance, operations, and servicing of the drainage improvements.

This report consists of five (5) parts, as follows:

PART A - Plans and specifications for the improvements that are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference only.

PART B - An estimate of the cost of the improvements for Fiscal Year 2023/2024.

PART C - An assessment of the estimated cost of the improvement and levy on each benefiting parcel of land within the district.

PART D - The Method of Apportionment by which the undersigned has determined the amount proposed to be levied on each parcel.

PART E - A diagram showing all parcels of real property within this district.

The diagram is keyed to Part C by Assessor’s Parcel Number.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch West Benefit Assessment District No. 2010-1 H:\BAD\MR West\2324\2324EngReport_MR West BAD.docx
PART A
PLANS
Plans for the landscape, irrigation and street lighting for each zone have been prepared by a variety of landscape architects and engineers. These Plans have been filed separately with the City Engineer’s office and are incorporated in this Report by reference only as the initial improvements were completed by separate contracts.

The following reference drawings are on file with the office of the City Engineer:

Morgan Ranch West Improvement Plans (Dwg No. 2000)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch West Benefit Assessment District No. 2010-1 H:\BAD\MR West\2324\2324EngReport_MR West BAD.docx
PART B

COST ESTIMATE
The estimated cost for the maintenance of improvements described in this Report for the fiscal year 2023/2024 includes the use of reserve funds to provide maintenance to the detention basins and is as follows:

COST INFORMATION
Direct Maintenance Costs $5,260
County Administrative Fee $215
City Administration Costs $275
Total Direct and Admin Costs $5,750

ASSESSMENT INFORMATION
Direct Costs $5,750
Reserve Collections/ (Transfer) ($5,000)
Net Total Assessment $750
Projected Reserve After FY 2022/2023 $11,211
Interest Earnings $35
Reserve Fund Adjustments ($5,000)
Projected Reserve at End of Year $6,246

FUND BALANCE INFORMATION
Morgan Ranch West

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Morgan Ranch West

FISCAL TOTAL MAX TOTAL

YEAR ASSESSMENT ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $750.00 $859.40 $750.00
Number Tax
of Dwelling Area 1st 2nd
Units Levy Assessor Parcel No. Code Installment Installment - - - - -
1 30.00 004-660-002 01056 15.00 15.00
1 30.00 004-660-003 01056 15.00 15.00
1 30.00 004-660-004 01056 15.00 15.00
1 30.00 004-660-005 01056 15.00 15.00
1 30.00 004-660-006 01056 15.00 15.00
1 30.00 004-660-007 01056 15.00 15.00
1 30.00 004-660-008 01056 15.00 15.00
1 30.00 004-660-009 01056 15.00 15.00
1 30.00 004-660-010 01056 15.00 15.00
1 30.00 004-660-011 01056 15.00 15.00
1 30.00 004-660-012 01056 15.00 15.00
1 30.00 004-660-013 01056 15.00 15.00
1 30.00 004-660-014 01056 15.00 15.00
1 30.00 004-660-015 01056 15.00 15.00
1 30.00 004-660-016 01056 15.00 15.00
1 30.00 004-660-017 01056 15.00 15.00
1 30.00 004-660-018 01056 15.00 15.00
1 30.00 004-660-019 01056 15.00 15.00
1 30.00 004-660-020 01056 15.00 15.00
1 30.00 004-660-021 01056 15.00 15.00
1 30.00 004-660-022 01056 15.00 15.00
1 30.00 004-660-023 01056 15.00 15.00
1 30.00 004-660-024 01056 15.00 15.00
1 30.00 004-660-029 01056 15.00 15.00
1 30.00 004-660-027 01056 15.00 15.00
25 $750.00 $375.00 $375.00
H:\BAD\MR West\2324\Part C Assessment Roll_MR West Page 1Page 113 Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch West Benefit Assessment District No. 2010-1 H:\BAD\MR West\2324\2324EngReport_MR West BAD.docx
PART D

METHOD OF APPORTIONING
In order to maintain sufficient funding for the Districts, assessments will be adjusted annually by the Consumer Price Indexes (CPI) Pacific Cities and U.S. City Average for February of the year of calculation All Items Indexes for the West. The corresponding CPI for February 2023 was 6.0%.

Morgan Ranch West
The initial assessment spread created a yearly assessment per dwelling unit of $84.29. It is the intent that each dwelling unit of the entire project share equally in all expenses upon completion.

The 2022/2023 assessment was $750.00. Applying the inflation adjustment, the maximum allowable assessment for 2023/2024 is $859.40. The actual total assessment will remain unchanged at $750.00.

Based on the total build-out number of parcels and the total assessment needed, the FY 2023/2024 levy will be $30.00 per dwelling unit.

The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Morgan Ranch West Benefit Assessment District No. 2010-1 H:\BAD\MR West\2324\2324EngReport_MR West BAD.docx
PART E

ASSESSMENT DIAGRAM
The following pages are excerpts from the latest Assessor’s Parcel Maps of the County of Nevada illustrating the approximate location, size and area of the benefiting parcels within the Landscaping and Lighting District.

Item # 9.

RESOLUTION NO. 2023-28

RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS
PURSUANT TO THE BENEFIT ASSESSMENT ACT OF 1982
ASSESSMENT DISTRICT NO. 2016-1
(Ridge Meadows)
The City Council of the City of Grass Valley resolves:

1. The City Council intends to levy and collect assessments within City of Grass Valley Benefit Assessment District No. 2016-1 (Ridge Meadows) during Fiscal Year 2023-24. The area of land to be assessed is located in the City of Grass Valley, Nevada County.

2. The improvements to be made in this assessment district are described as the maintenance, operation and servicing of drainage improvements in the District.

3. Bjorn Jones, P.E., Engineer of Work, has filed with the City Clerk the report required by the Benefit Assessment Act of 1982. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district.

4. On Tuesday, the 27th day of June, 2023, at the hour of 7:00 o'clock p.m. or as soon thereafter as the matter can be heard; the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the Grass Valley Council Chambers, 125 East Main St., Grass Valley, California.

5. For Fiscal Year 2023-24, the Engineering Department has proposed a revenue assessment estimate for Ridge Meadows in the amount of $700.04. This amount represents the same amount levied in FY 2022-23. Based on the total number

Item # 9.
of parcels in Ridge Meadows, the levy is $18.92 per dwelling unit.

6. The City Clerk is authorized and directed to give the notice of hearing required by the Benefit Assessment District Act of 1982.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 13th day of June, 2023, by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAINING: Council Members
______________________________
Jan Arbuckle, Mayor
ATTEST: _________________________
Taylor Day, City Clerk
APPROVED AS TO FORM: ______________________________
Michael Colantuono, City Attorney

Item # 9.

ENGINEER’S REPORT
RIDGE MEADOWS BENEFIT ASSESSMENT DISTRICT NO. 2016-1
ANNUAL ASSESMENT 2023/2024
for

CITY OF GRASS VALLEY

NEVADA COUNTY, CALIFORNIA
Respectfully submitted, as directed by the City Council.

By: _____________________
Bjorn P. Jones, P.E.

R.C.E. No. 75378

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Ridge Meadows Benefit Assessment District No. 2016-1
H:\BAD\Ridge Meadows\2324\2324EngReport_RM BAD.docx
ENGINEER’S REPORT AFFIDAVIT
BENFIT ASSESSMENT DISTRICT NO. 2016-1
(Ridge Meadows)
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with me on the _______ day of ______________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Grass Valley, California, on the _______ day of _________________, 2023. ___________________________________
City Clerk, City of Grass Valley
Nevada County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached was filed with the County Auditor of the County of Nevada on the _______ day of ___________________, 2023.
___________________________________
City Clerk, City of Grass Valley
Nevada County, California

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Ridge Meadows Benefit Assessment District No. 2016-1
H:\BAD\Ridge Meadows\2324\2324EngReport_RM BAD.docx

OVERVIEW
Bjorn P. Jones, Engineer of Work for Ridge Meadows Benefit Assessment District No. 2016-1, City of Grass Valley, Nevada County, California makes this report, as directed by City Council, pursuant to Section 54715 of the Government Code (Benefit Assessment District of 1982).

The improvements which are the subject matter of this report are briefly described as follows:

Ridge Meadows
The maintenance, operation and servicing of drainage improvements, as delineated on plans prepared by Nevada City Engineering, on file with the City of Grass Valley, and modified by subsequent development, or changes instituted by the City of Grass Valley in the routine administration of the district, including the maintenance, operations, and servicing of the drainage improvements.

This report consists of five (5) parts, as follows:

PART A - Plans and specifications for the improvements that are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference only.

PART B - An estimate of the cost of the improvements for Fiscal Year 2023/2024.

PART C - An assessment of the estimated cost of the improvement and levy on each benefiting parcel of land within the district.

PART D - The Method of Apportionment by which the undersigned has determined the amount proposed to be levied on each parcel.

PART E - A diagram showing all parcels of real property within this district.

The diagram is keyed to Part C by Assessor’s Parcel Number.

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Ridge Meadows Benefit Assessment District No. 2016-1
H:\BAD\Ridge Meadows\2324\2324EngReport_RM BAD.docx
PART A
PLANS
Plans for the drainage facilities have been prepared by a variety of landscape architects and engineers.

These Plans have been filed separately with the City Engineer’s office and are incorporated in this Report by reference only as the initial improvements were completed by separate contracts.

The following reference drawings are on file with the office of the City Engineer:

Ridge Meadows Improvement Plans (Dwg No. 1453)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Ridge Meadows Benefit Assessment District No. 2016-1
H:\BAD\Ridge Meadows\2324\2324EngReport_RM BAD.docx
PART B

COST ESTIMATE
The estimated cost for the maintenance of improvements described in this Report for the fiscal year 2023/2024 includes the use of reserve funds to provide maintenance to the drainage facilities and is as follows:

COST INFORMATION
Direct Maintenance Costs $6,200
County Administrative Fee $215
City Administration Costs $285
Total Direct and Admin Costs $6,700

ASSESSMENT INFORMATION
Direct Costs $6,700
Reserve Collections/ (Transfer) ($6,000)
Net Total Assessment $700
Projected Reserve After FY 2022/2023 $15,665
Interest Earnings $35
Reserve Fund Adjustments ($6,000)
Projected Reserve at End of Year $9,700

FUND BALANCE INFORMATION
Ridge Meadows BAD

Item # 9.
5/17/2023
PART C

ASSESSMENT ROLL
Zone 5 - Ridge Meadows

FISCAL TOTAL MAX

YEAR ASSESSMENT ASSESSMENT
GOAL Last Year Max + 6.0% CPI
2023/2024 $700.00 $2,119.84
Number Tax
of Dwelling Area 1st 2nd
Units Levy Assessor Parcel No. Code Installment Installment - - - - -
1 18.92 008-980-001 01056 9.46 9.46
1 18.92 008-980-002 01056 9.46 9.46
1 18.92 008-980-003 01056 9.46 9.46
1 18.92 008-980-004 01056 9.46 9.46
1 18.92 008-980-005 01056 9.46 9.46
1 18.92 008-980-006 01056 9.46 9.46
1 18.92 008-980-007 01056 9.46 9.46
1 18.92 008-980-008 01056 9.46 9.46
1 18.92 008-980-009 01056 9.46 9.46
1 18.92 008-980-010 01056 9.46 9.46
1 18.92 008-980-011 01056 9.46 9.46
1 18.92 008-980-012 01056 9.46 9.46
1 18.92 008-980-013 01056 9.46 9.46
1 18.92 008-980-014 01056 9.46 9.46
1 18.92 008-980-015 01056 9.46 9.46
1 18.92 008-980-016 01056 9.46 9.46
1 18.92 008-980-017 01056 9.46 9.46
1 18.92 008-980-018 01056 9.46 9.46
1 18.92 008-980-019 01056 9.46 9.46
1 18.92 008-980-020 01056 9.46 9.46
1 18.92 008-980-021 01056 9.46 9.46
1 18.92 008-980-022 01056 9.46 9.46
1 18.92 008-980-023 01056 9.46 9.46
1 18.92 008-980-024 01056 9.46 9.46
1 18.92 008-980-025 01056 9.46 9.46
1 18.92 008-980-026 01056 9.46 9.46
1 18.92 008-980-027 01056 9.46 9.46
1 18.92 008-980-028 01056 9.46 9.46
1 18.92 008-980-029 01056 9.46 9.46
1 18.92 008-980-030 01056 9.46 9.46
1 18.92 008-980-031 01056 9.46 9.46
1 18.92 008-980-032 01056 9.46 9.46
1 18.92 008-980-033 01056 9.46 9.46
1 18.92 008-980-034 01056 9.46 9.46
1 18.92 008-980-035 01056 9.46 9.46
1 18.92 008-980-036 01056 9.46 9.46
1 18.92 008-980-037 01056 9.46 9.46
37 $700.04 $350.02 $350.02
TOTAL

ASSESSMENT
$700.04
H:\BAD\Ridge Meadows\2324\Part C Assesment Spread_RM Zone 5 - Page 1 Page 123 Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Ridge Meadows Benefit Assessment District No. 2016-1
H:\BAD\Ridge Meadows\2324\2324EngReport_RM BAD.docx
PART D

METHOD OF APPORTIONING
In order to maintain sufficient funding for the Districts, assessments will be adjusted annually by the Consumer Price Indexes (CPI) Pacific Cities and U.S. City Average for February of the year of calculation All Items Indexes for the West. The corresponding CPI for February 2023 was 6.0%.

Ridge Meadows
General Benefit
The drainage facilities in Ridge Meadows and the maintenance, operation, and servicing of those facilities are of entirely local and special benefit to the parcels in Ridge Meadows, and no general benefits are provided by them.

Apportionment of Special Benefits
The initial assessment spread created a yearly assessment per dwelling unit of $104.80. It is the intent that each dwelling unit of the project shares equally in all expenses.

The 2022/2023 assessment was $700.04. Applying the inflation adjustment, the maximum allowable assessment for 2023/2024 is $1,999.85 The actual total assessment will remain unchanged at $700.04 Based on the total build-out number of parcels and the total assessment needed, the FY 2023/2024 levy will remain at $18.92 per dwelling unit.

The assessment formula is:

Assessment Per Parcel = Round (Total Assessment / # of Parcels)

Item # 9.

City of Grass Valley
2023/2024 Engineer’s Report
Ridge Meadows Benefit Assessment District No. 2016-1
H:\BAD\Ridge Meadows\2324\2324EngReport_RM BAD.docx
PART E

ASSESSMENT DIAGRAM
The following pages are excerpts from the latest Assessor’s Parcel Maps of the County of Nevada illustrating the approximate location, size and area of the benefiting parcels within the Landscaping and Lighting District.

Item # 9.

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Consideration of Waste Management’s annual fee adjustments and new fees for service
Recommendation: That Council adopt Resolution 2023-22 adjusting service rates to Waste Management’s fee schedule
Prepared by: Zac Quentmeyer, Deputy Public Works Director Council Meeting Date: 6/13/2023 Date Prepared: 6/6/2023 Agenda: Consent
Background Information: In 2012, the City entered into a 20-year franchise agreement with Waste Management to provide for a full range of solid waste, recycling, and green waste services. The original resolution included service rates and specific services Waste Management was to provide to the City. Attached are two letters from Waste Management to amend the fee schedule to address the following:

1. Annual CPI adjustments of 5.46% for services and 3.99% for the disposal gate fee at the transfer station. These rates are consistent with the existing agreement and will commence July 1, 2023.

Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goals #4&5 – Economic Development and Vitality and High-Performance Government and Quality Service for the FY 2023/24.

Fiscal Impact: Increased service fees for residents and businesses, but consistent with the Contract
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: R2023-22; CPI Increase Letter and Proposed Fees

Item # 10.

RESOLUTION NO 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY ADDING NEW RATES TO

WASTE MANAGEMENT'S SERVICE SCHEDULE
WHEREAS, the City Council adopted an updated franchise agreement with Waste Management in 2012, and
WHEREAS, Waste Management may request annual rate adjustments or establish charges for fees not specified in the original agreement, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Grass Valley that:

The City Council finds the proposed rate adjustment in accordance with the Franchise Agreement between Grass Valley and Waste Management, and The City Council finds the proposed changes to the Rate Sheet appropriate and in accordance with the Franchise Agreement, and
The City Council hereby adopts the attached "Exhibit A" to be added to the Rate Sheet and become effective on July 1, 2023.

ADOPTED as a Resolution of the City Council of the City of Grass Valley at a meeting thereof held on June 13, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ASBTAINING:
______________________________ ATTEST: ____________________________ Jan Arbuckle, Mayor Taylor Day, City Clerk
APPROVED AS TO FORM: ________________________________
Michael Colantuono, City Attorney

Item # 10.

Grass Valley Disposal
13083 Grass Valley Avenue
Grass Valley, CA 95959

May 10, 2023
Mr. Tim Kiser
City Manager
City of Grass Valley
125 E. Main Street
Grass Valley, CA 95945
In accordance with Sections VI.A and VI.B. of our solid waste, recyclables, and green waste franchise agreement, attached are the calculations for our 2023 rate increase and the updated rate sheet effective July 1, 2023.

The adjustment is based on the contractual CPI formula for the 12-month period ending March 31, as calculated in the attached rate package. The 2023 service portion of the rate was adjusted by 5.46% based on CPI and disposal changes In accordance with Section VI.D, the disposal portion of the rates is being increased by

3.99% due to the proposed July 1, 2023 rate increase at the transfer station.

The impact on the most common residential rate (35-gallon cart) is an increase of $1.09.

Please do not hesitate to contact me or our Public Sector Manager, Shavati Karki-Pearl with any questions at [email protected] or 530-559-1128.

Sincerely,

Larry Picard, District Manager
WM/Grass Valley Disposal
[email protected]
Enclosures: 2023 CPI Excel Submittal

Item # 10.

Grass Valley
Rates Effective July 1, 2023

3.99% 5.46%
* Disposal Price
Adjustment CPI Increase

TRASH SERVICES
1 - 20G CART TRASH $3.45 $0.14 $3.59 $12.31 $0.67 $12.98 $15.76 $16.57 1 - 35G CART TRASH $4.47 $0.18 $4.65 $16.61 $0.91 $17.52 $21.08 $22.17 1 - 64G CART TRASH $8.99 $0.36 $9.35 $21.10 $1.15 $22.25 $30.09 $31.60 1 - 96G CART TRASH $13.45 $0.54 $13.99 $30.29 $1.65 $31.94 $43.74 $45.93 ADDITIONAL 35G TRASH CARTS $1.01 $0.04 $1.05 $4.87 $0.27 $5.14 $5.88 $6.19 ADDITIONAL 64G TRASH CARTS $1.01 $0.04 $1.05 $4.87 $0.27 $5.14 $5.88 $6.19 ADDITIONAL 96G TRASH CARTS $1.01 $0.04 $1.05 $4.87 $0.27 $5.14 $5.88 $6.19

RECYCLE SERVICES
1 - 35 GAL RECYCLING - WITH TRASH SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 - 64 GAL RECYCLING - WITH TRASH SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 - 96 GAL RECYCLING - WITH TRASH SERVICE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 - 35G CART RECYCLING (NO TRASH SERVICE) $0.00 $0.00 $0.00 $9.36 $0.51 $9.87 $9.36 $9.87 1 - 64G CART RECYCLING (NO TRASH SERVICE) $0.00 $0.00 $0.00 $9.36 $0.51 $9.87 $9.36 $9.87 1 - 96G CART RECYCLING (NO TRASH SERVICE) $0.00 $0.00 $0.00 $9.36 $0.51 $9.87 $9.36 $9.87 ADDITIONAL 35G RECYCLE CART (AFTER TWO CARTS) $0.00 $0.00 $0.00 $3.12 $0.17 $3.29 $3.12 $3.29 ADDITIONAL 64G RECYCLE CART (AFTER TWO CARTS) $0.00 $0.00 $0.00 $3.12 $0.17 $3.29 $3.12 $3.29 ADDITIONAL 96G RECYCLE CART (AFTER TWO CARTS) $0.00 $0.00 $0.00 $3.12 $0.17 $3.29 $3.12 $3.29

GREENWASTE SERVICES
1 - 64G GREENWASTE $1.01 $0.04 $1.05 $4.66 $0.25 $4.91 $5.67 $5.96 1 - 96G GREENWASTE $1.09 $0.04 $1.13 $4.90 $0.27 $5.17 $5.99 $6.30 ADDITIONAL 64G GREENWASTE CARTS $1.01 $0.04 $1.05 $4.66 $0.25 $4.91 $5.67 $5.96 ADDITIONAL 96G GREENWASTE CARTS $1.09 $0.04 $1.13 $4.90 $0.27 $5.17 $5.99 $6.30

EXTRA PICKUPS
35G - SERVICE DAY EXTRA PICKUP $1.09 $0.04 $1.13 $7.88 $0.43 $8.31 $8.97 $9.44 64G - SERVICE DAY EXTRA PICKUP $1.09 $0.04 $1.13 $7.88 $0.43 $8.31 $8.97 $9.44 96G - SERVICE DAY EXTRA PICKUP $1.09 $0.04 $1.13 $7.88 $0.43 $8.31 $8.97 $9.44 35G - NON-SERVICE DAY EXTRA PICKUP $1.09 $0.04 $1.13 $52.34 $2.86 $55.20 $53.43 $56.33 64G - NON-SERVICE DAY EXTRA PICKUP $1.09 $0.04 $1.13 $52.34 $2.86 $55.20 $53.43 $56.33 96G - NON-SERVICE DAY EXTRA PICKUP $1.09 $0.04 $1.13 $52.34 $2.86 $55.20 $53.43 $56.33

RESIDENTIAL
Total Current
Rates Eff.
7/01/2022
Total New Rates
Effective
7/1/2023

DISPOSAL (GATE FEE) SERVICE
Current - Eff.
7/1/2022
New - Eff.
7/01/2023
Current - Eff.
7/1/2022
New - Eff.
7/01/2023

Item # 10.

Grass Valley
Rates Effective July 1, 2023

RESIDENTIAL
Total Current
Rates Eff.
7/01/2022
Total New Rates
Effective
7/1/2023

DISPOSAL (GATE FEE) SERVICE

3.99% 5.46%
* Disposal Price
Adjustment CPI Increase

TRASH CARTS SERVICES
1 - 35G CART TRASH $4.76 $0.19 $4.95 $17.06 $0.93 $17.99 $21.82 $22.94 1 - 64G CART TRASH $9.54 $0.38 $9.92 $34.11 $1.86 $35.97 $43.65 $45.89 1 - 96G CART TRASH $14.29 $0.57 $14.86 $60.82 $3.32 $64.14 $75.11 $79.00

TRASH BIN SERVICES
2 YD 1 X WEEK $60.14 $2.40 $62.54 $259.98 $14.19 $274.17 $320.12 $336.71 2 YD 2 X WEEK $120.26 $4.80 $125.06 $416.47 $22.74 $439.21 $536.73 $564.27 2 YD 3 X WEEK $180.42 $7.20 $187.62 $568.35 $31.03 $599.38 $748.77 $787.00 2 YD 4 X WEEK $240.53 $9.60 $250.13 $761.22 $41.56 $802.78 $1,001.75 $1,052.91 2 YD 5 X WEEK $300.67 $12.00 $312.67 $932.67 $50.92 $983.59 $1,233.34 $1,296.26 2 YD 6 X WEEK $360.81 $14.40 $375.21 $1,107.27 $60.45 $1,167.72 $1,468.08 $1,542.93 3 YD 1 X WEEK $90.20 $3.60 $93.80 $316.01 $17.25 $333.26 $406.21 $427.06 3 YD 2 X WEEK $180.42 $7.20 $187.62 $500.56 $27.33 $527.89 $680.98 $715.51 3 YD 3 X WEEK $270.60 $10.80 $281.40 $694.04 $37.89 $731.93 $964.64 $1,013.33 3 YD 4 X WEEK $360.81 $14.40 $375.21 $879.86 $48.04 $927.90 $1,240.67 $1,303.11 3 YD 5 X WEEK $451.01 $18.00 $469.01 $1,068.27 $58.32 $1,126.59 $1,519.28 $1,595.60 3 YD 6 X WEEK $541.19 $21.59 $562.78 $1,274.45 $69.58 $1,344.03 $1,815.64 $1,906.81 4 YD 1 X WEEK $120.26 $4.80 $125.06 $395.05 $21.57 $416.62 $515.31 $541.68 4 YD 2 X WEEK $240.53 $9.60 $250.13 $639.24 $34.90 $674.14 $879.77 $924.27 4 YD 3 X WEEK $360.81 $14.40 $375.21 $930.69 $50.81 $981.50 $1,291.50 $1,356.71 4 YD 4 X WEEK $481.05 $19.19 $500.24 $1,213.20 $66.24 $1,279.44 $1,694.25 $1,779.68 4 YD 5 X WEEK $601.33 $23.99 $625.32 $1,500.73 $81.93 $1,582.66 $2,102.06 $2,207.98 4 YD 6 X WEEK $721.59 $28.79 $750.38 $1,765.55 $96.39 $1,861.94 $2,487.14 $2,612.32 6 YD 1 X WEEK $180.42 $7.20 $187.62 $457.04 $24.95 $481.99 $637.46 $669.61 6 YD 2 X WEEK $360.81 $14.40 $375.21 $723.86 $39.52 $763.38 $1,084.67 $1,138.59 6 YD 3 X WEEK $541.19 $21.59 $562.78 $1,031.39 $56.31 $1,087.70 $1,572.58 $1,650.48 6 YD 4 X WEEK $721.59 $28.79 $750.38 $1,384.06 $75.56 $1,459.62 $2,105.65 $2,210.00 6 YD 5 X WEEK $902.00 $35.99 $937.99 $1,632.51 $89.13 $1,721.64 $2,534.51 $2,659.63 6 YD 6 X WEEK $1,082.41 $43.19 $1,125.60 $1,927.70 $105.24 $2,032.94 $3,010.11 $3,158.54 8 YD 1 X WEEK $237.16 $9.46 $246.62 $594.53 $32.46 $626.99 $831.69 $873.61 8 YD 2 X WEEK $474.38 $18.93 $493.31 $882.46 $48.18 $930.64 $1,356.84 $1,423.95 8 YD 3 X WEEK $711.61 $28.39 $740.00 $1,323.67 $72.27 $1,395.94 $2,035.28 $2,135.94 8 YD 4 X WEEK $948.77 $37.86 $986.63 $1,764.91 $96.36 $1,861.27 $2,713.68 $2,847.90 8 YD 5 X WEEK $1,186.00 $47.32 $1,233.32 $2,206.14 $120.45 $2,326.59 $3,392.14 $3,559.91 8 YD 6 X WEEK $1,423.16 $56.78 $1,479.94 $2,647.37 $144.54 $2,791.91 $4,070.53 $4,271.85

COMMERCIAL RECYCLE CART SERVICES
1 - 35 gal recycling - with trash service $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 - 64 gal recycling - with trash service $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 - 96 gal recycling - with trash service $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 - 35G cart recycling - no trash service $0.00 $0.00 $0.00 $9.13 $0.50 $9.63 $9.13 $9.63 1 - 64G cart recycling - no trash service $0.00 $0.00 $0.00 $9.13 $0.50 $9.63 $9.13 $9.63 1 - 96G cart recycling - no trash service $0.00 $0.00 $0.00 $9.13 $0.50 $9.63 $9.13 $9.63 Additional 35 gal recycle cart - after two carts $0.00 $0.00 $0.00 $3.04 $0.17 $3.21 $3.04 $3.21 Additional 64 gal recycle cart - after two carts $0.00 $0.00 $0.00 $3.04 $0.17 $3.21 $3.04 $3.21 Additional 96 gal recycle cart - after two carts $0.00 $0.00 $0.00 $3.04 $0.17 $3.21 $3.04 $3.21

DISPOSAL (GATE FEE) SERVICE
New - Eff.
7/01/2023
Current - Eff.
7/1/2022
New - Eff.
7/01/2023
COMMERCIAL Current - Eff.
7/1/2022
Total New Rates
Effective
7/1/2023
Total Current
Rates Eff.
7/01/2022

Item # 10.

Grass Valley
Rates Effective July 1, 2023

RESIDENTIAL
Total Current
Rates Eff.
7/01/2022
Total New Rates
Effective
7/1/2023

RECYCLE BIN SERVICES DISPOSAL (GATE FEE) SERVICE
2 YD - with existing trash service $0.00 $0.00 $0.00 $101.07 $5.52 $106.59 $101.07 $106.59 3 YD - with existing trash service $0.00 $0.00 $0.00 $114.19 $6.23 $120.42 $114.19 $120.42 4 YD - with existing trash service $0.00 $0.00 $0.00 $127.30 $6.95 $134.25 $127.30 $134.25 6 YD - with existing trash service $0.00 $0.00 $0.00 $139.76 $7.63 $147.39 $139.76 $147.39 2 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $127.30 $6.95 $134.25 $127.30 $134.25 3 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $140.43 $7.67 $148.10 $140.43 $148.10 4 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $153.55 $8.38 $161.93 $153.55 $161.93 6 YD - WITH NO EXISTING TRASH SERVICE $0.00 $0.00 $0.00 $166.02 $9.06 $175.08 $166.02 $175.08

GREENWASTE SERVICES
1 - 64G GREENWASTE $1.01 $0.04 $1.05 $4.66 $0.25 $4.91 $5.67 $5.96 1 - 96G GREENWASTE $1.09 $0.04 $1.13 $4.90 $0.27 $5.17 $5.99 $6.30 EXTRA 64G GREENWASTE CART $1.01 $0.04 $1.05 $4.66 $0.25 $4.91 $5.67 $5.96 EXTRA 96G GREENWASTE CART $1.09 $0.04 $1.13 $4.90 $0.27 $5.17 $5.99 $6.30

TEMPORARY BINS
Temp 2 YARD BIN $13.89 $0.55 $14.44 $71.57 $3.91 $75.48 $85.46 $89.92 Temp 3 YARD BIN $20.83 $0.83 $21.66 $107.35 $5.86 $113.21 $128.18 $134.87 Temp 4 YARD BIN $27.74 $1.11 $28.85 $110.61 $6.04 $116.65 $138.35 $145.50 Temp 6 YARD BIN $41.62 $1.66 $43.28 $137.78 $7.52 $145.30 $179.40 $188.58

EXTRA PICKUPS
2 YARD - SERVICE DAY EXTRA PICKUP $13.89 $0.55 $14.44 $68.32 $3.73 $72.05 $82.21 $86.49 3 YARD - SERVICE DAY EXTRA PICKUP $20.83 $0.83 $21.66 $102.47 $5.59 $108.06 $123.30 $129.72 4 YARD - SERVICE DAY EXTRA PICKUP $27.74 $1.11 $28.85 $136.61 $7.46 $144.07 $164.35 $172.92 6 YARD - SERVICE DAY EXTRA PICKUP $41.62 $1.66 $43.28 $204.92 $11.19 $216.11 $246.54 $259.39 2 YARD - NON-SERVICE DAY EXTRA PICKUP $13.89 $0.55 $14.44 $92.07 $5.03 $97.10 $105.96 $111.54 3 YARD - NON-SERVICE DAY EXTRA PICKUP $20.83 $0.83 $21.66 $126.20 $6.89 $133.09 $147.03 $154.75 4 YARD - NON-SERVICE DAY EXTRA PICKUP $27.74 $1.11 $28.85 $160.35 $8.75 $169.10 $188.09 $197.95 6 YARD - NON-SERVICE DAY EXTRA PICKUP $41.62 $1.66 $43.28 $228.68 $12.49 $241.17 $270.30 $284.45

Item # 10.

Grass Valley
Rates Effective July 1, 2023

RESIDENTIAL
Total Current
Rates Eff.
7/01/2022
Total New Rates
Effective
7/1/2023

DISPOSAL (GATE FEE) SERVICE

3.99% 5.46%
* Disposal Price
Adjustment CPI Increase

ROLL OFF BINS
20 yard to 40 Yard C&D $0.00 $0.00 $0.00 $214.77 $11.73 $226.50 $214.77 $226.50 20 yard to 40 Yard Refuse $0.00 $0.00 $0.00 $214.77 $11.73 $226.50 $214.77 $226.50 20 yard to 40 Yard Metals $0.00 $0.00 $0.00 $214.77 $11.73 $226.50 $214.77 $226.50 20 yard to 40 Yard Wood Lumber $0.00 $0.00 $0.00 $214.77 $11.73 $226.50 $214.77 $226.50 20 yard to 40 Yard Recycle - Comingled $0.00 $0.00 $0.00 $214.77 $11.73 $226.50 $214.77 $226.50 10 Yard - dirt, rock, concrete only $0.00 $0.00 $0.00 $214.77 $11.73 $226.50 $214.77 $226.50

DISPOSAL
Cost per Ton - Refuse $0.00 $0.00 $0.00 $98.56 $5.38 $103.94 $98.56 $103.94 Cost per Ton - C&D $0.00 $0.00 $0.00 $83.81 $4.58 $88.39 $83.81 $88.39 Cost per Ton - dirt, rock, concrete (same as C&D rate) $0.00 $0.00 $0.00 $83.81 $4.58 $88.39 $83.81 $88.39 Cost per Ton - Metal ** May Vary per 3rd Party Charges N/A N/A N/A N/A N/A N/A N/A N/A Cost per Ton - Wood/Lumber/GreenWaste $0.00 $0.00 $0.00 $69.32 $3.78 $73.10 $69.32 $73.10

MISCELLANEOUS SERVICES
Inactivity Fee - Per Day after 7th $0.00 $0.00 $0.00 $12.47 $0.68 $13.15 $12.47 $13.15 COMPACTOR: PER CUBIC YARD $20.83 $0.83 $21.66 $31.48 $1.72 $33.20 $52.31 $54.86 Relocation Charge - at customer's request $0.00 $0.00 $0.00 $85.49 $4.67 $90.16 $85.49 $90.16 Delivery - Applied to Roll off and Instabin $0.00 $0.00 $0.00 $85.49 $4.67 $90.16 $85.49 $90.16

3.99% 5.46%
* Disposal Price
Adjustment CPI Increase

RESIDENTIAL ANCILLARY SERVICES
BAD/RETURN CHECK FEE $0.00 $0.00 $0.00 $37.14 $2.03 $39.17 $37.14 $39.17 ACTIVIATION/DELIVERY FEES $0.00 $0.00 $0.00 $22.33 $1.22 $23.55 $22.33 $23.55 RESTART FEE W/O DELIVERY $0.00 $0.00 $0.00 $17.87 $0.98 $18.85 $17.87 $18.85 RESTART FEE W/DELIVERY $0.00 $0.00 $0.00 $51.97 $2.84 $54.81 $51.97 $54.81 EARLY RETRIEVAL RESIDENTIAL - SERVICE LESS THAN 1YR $0.00 $0.00 $0.00 $37.14 $2.03 $39.17 $37.14 $39.17 RESIDENTAL CART REPLACEMENT FEE $0.00 $0.00 $0.00 $111.40 $6.08 $117.48 $111.40 $117.48 LATE FEE IS 2.5% OR $5.00 WHICH EVER IS GREATER N/A N/A N/A N/A N/A N/A N/A N/A RESIDENTIAL MULTIPLE CART EXCHANGE FEE (MORE THAN 1
CART CHANGE WITHIN 12 MONTHS) $0.00 $0.00 $0.00 54.80 2.99 57.79 54.80 $57.79

COMMERCIAL ANCILLARY SERVICES
BAD/RETURN CHECK FEE $0.00 $0.00 $0.00 $37.14 $2.03 $39.17 $37.14 $39.17 ACTIVIATION/DELIVERY FEES $0.00 $0.00 $0.00 $37.14 $2.03 $39.17 $37.14 $39.17 RESTART FEE W/O DELIVERY $0.00 $0.00 $0.00 $17.87 $0.98 $18.85 $17.87 $18.85 RESTART FEE W/DELIVERY $0.00 $0.00 $0.00 $51.97 $2.84 $54.81 $51.97 $54.81 OVERFLOW FEE $0.00 $0.00 $0.00 $98.09 $5.36 $103.45 $98.09 $103.45 LATE FEE IS 2.5% OR $5.00 WHICH EVER IS GREATER N/A N/A N/A N/A N/A N/A N/A N/A SALE OF LOCKS $0.00 $0.00 $0.00 $42.60 $2.33 $44.93 $42.60 $44.93 LOCK FEE PER BIN / PER OCCURANCE MONTHLY $0.00 $0.00 $0.00 $1.39 $0.08 $1.47 $1.39 $1.47 PUSH OUT FEE 10'-20' FEET- Per Bin Per Service $0.00 $0.00 $0.00 $2.44 $0.13 $2.57 $2.44 $2.57 PUST OUT FEE 20' OR MORE -Per Bin Per Service $0.00 $0.00 $0.00 $4.87 $0.27 $5.14 $4.87 $5.14 Difficult to Service / Scout Truck Services
CONTAMINATION CHARGE - 35 Gal* N/A N/A N/A N/A N/A N/A $5.04 $5.30 CONTAMINATION CHARGE - 64 Gal* N/A N/A N/A N/A N/A N/A $10.08 $10.60 CONTAMINATION CHARGE - 96 Gal* N/A N/A N/A N/A N/A N/A $17.35 $18.24 CONTAMINATION CHARGE - 2 YARD BIN* N/A N/A N/A N/A N/A N/A $73.93 $77.76 CONTAMINATION CHARGE - 4 YARD BIN* N/A N/A N/A N/A N/A N/A $119.01 $125.10 CONTAMINATION CHARGE - 6 YARD BIN* N/A N/A N/A N/A N/A N/A $147.22 $154.64 *Commercial Contatmination Charge - If recycle bin is more than 5% contaminated, customer will be charged 100% of the corresponding monthly trash rate for equivalent bin size.

ANCILLARY SERVICES

DISPOSAL (GATE FEE) SERVICE

ROLL OFF SERVICES

DISPOSAL (GATE FEE) SERVICE
Current - Eff.
7/1/2022
New - Eff.
7/01/2023
New - Eff.
7/01/2023
Current - Eff.
7/1/2022
Total New Rates
Effective
7/1/2023
Total Current
Rates Eff.
7/01/2022
Current - Eff.
7/1/2022
New - Eff.
7/01/2023
Current - Eff.
7/1/2022
New - Eff.
7/01/2023
Total New Rates
Effective
7/1/2023
Total Current
Rates Eff.
7/01/2022

Item # 10.

April 2021 thru March 2022 276.211
April 2022 thru March 2023 296.778
Equals Index Point Change 20.57
Index Point Change 20.57
% Calculated CPI Change 7.45%
Effective CPI % Change 5.46%
If % Change is more than 1% and less than or equal to 3.5%, then increase is 2.5% If % change is less than or equal to 1%, then increase is equal to the % change, but not less than 0% The % change will not exceed 10% in any single year
http://data.bls.gov/cgi-bin/surveymost
Consumer Price Index - All Urban Consumers
Series Id: CUUR0000SA0
Not Seasonally Adjusted
Area: U.S. city average
Item: All items
Base Period: 1982-84=100
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2016 236.916 237.111 238.132 239.261 240.229 241.018 240.628 240.849 241.428 241.729 241.353 241.432 2017 242.839 243.603 243.801 244.524 244.733 244.955 244.786 245.519 246.819 246.663 246.669 246.524 2018 247.867 248.991 249.554 250.546 251.588 251.989 252.006 252.146 252.439 252.885 252.038 251.233 2019 251.712 252.776 254.202 255.548 256.092 256.143 256.571 256.558 256.759 257.346 257.208 256.974 2020 257.971 258.678 258.115 256.389 256.394 257.797 259.101 259.918 260.28 260.388 260.229 260.474 2021 261.582 263.014 264.877 267.054 269.195 271.696 273.003 273.567 274.31 276.589 277.948 278.802 2022 281.148 283.716 287.504 289.109 292.296 296.311 296.276 296.171 296.808 298.012 297.711 296.797 If % change is greater than 3.5%, then increase is 2.5% plus an amount equal to 75% of the difference between the % change and 3.5%

CITY OF GRASS VALLEY

CPI RATE ADJUSTMENT FACTOR CALCULATION
ANNUAL RATE INCREASE - EFFECTIVE JULY 1, 2022
Index Point Change
Percent Change

Item # 10.

GRASS VALLEY

DISPOSAL RATE ADJUSTMENT FACTOR CALCULATION
Trash Disposal Cost Change
New Rate Effective 7/1/2023 $ 89.56
Minus Current Rate 7/1/2022 $ 86.12
Rate Change $ 3.44
% Rate Change 3.99%
C&D Disposal Cost Change
New Rate Effective 7/1/2023 $ 76.14
Minus Current Rate 7/1/2022 $ 73.21
Rate Change $ 2.93
% Rate Change 4.00%

Item # 10.

City of Grass Valley
City Council
Agenda Action Sheet
Title: SB 1383 – Purchase Energy Credits to meet requirements CEQA: Not a Project.

Recommendation: That Council 1) approval the concept of the City purchasing Energy Credits to meet the SB 1383 requirements; 2) authorize the City Manager to negotiate and execute an agreement with Desert View Power LLC not exceed $70,000, subject to legal review; and 3) authorize the Administrative Services Director to make any necessary budget adjustments and/or transfers to implement this agreement.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: June 13, 2023 Date Prepared: June 9, 2023 Agenda: Consent
Background Information: The California State Senate Bill (SB) 1383 requires local jurisdictions to purchase recycled organic mulch/compost products and/or energy credits derived from using recycle mulch/compost products to create the energy. SB 1383 requires the City of Grass Valley based upon our size to purchase 1,991 tons of recycled mulch generated by SB 1383 requirements over the next three years. Not knowing the quality of mulch/compost (how much foreign material will be allowed {i.e. plastic, etc.}), the City is unsure how this much mulch could be used if purchased and trucked to the City. Pioneer Community Energy on behalf of their members evaluated the purchasing of energy credits on behalf of their members and negotiated a template contract for member agencies to purchase the credits in leu of purchasing the mulch/compost.

Staff is recommending the City moved forward with purchasing the energy credits for the first three years at a cost similar to purchasing the mulch/compost for use in the City. Attached is final draft contract for Council information.

Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #5 – High Performance Government and Quality Service.

Fiscal Impact: The fiscal impact to the General Fund for total agreement is estimated at $59,500 (First Year $9,140, Second Year $19,840, and Third Year $30,520). There are sufficient funds in the General Fund to cover these costs.

Funds Available: Yes Account #: General Fund
Reviewed by: Tim Kiser, City Manager
Attachments: Procurement Compliance Attribute Purchase Agreement

Item # 11.
309680.v2

PROCUREMENT COMPLIANCE ATTRIBUTE PURCHASE AGREEMENT
This PROCUREMENT COMPLIANCE ATTRIBUTE PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of [date] (the “Effective Date”) by and between DESERT VIEW POWER LLC, a Delaware limited liability company (“Seller”), and the City of Grass Valley, a California municipal corporation (“Buyer”). Seller and Buyer are sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Parties desire to enter into this Agreement in order to set forth the terms and conditions relating to the purchase and sale of certain biomass electricity compliance attributes for Buyer to satisfy its “Procurement of Recycled Organic Products by Local Jurisdictions” requirement of Senate Bill (SB) 1383.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

ARTICLE 1

DEFINITIONS
As used in this Agreement, the following defined terms have the meanings set forth below:
“Annual Report” means, with respect to any Contract Year, a report in the form attached hereto as Exhibit A setting forth the Facility, the number of Contract PCAs delivered in the Contract Year, the number of kWh produced by the Facility with Feedstock during such Contract Year, the amount of Buyer Energy Consumption during such Contract Year, and other terms applicable to such Contract PCAs. “Applicable Standards” means the Recovered Organic Waste Product procurement standards enacted by the State of California and set forth in Health and Safety Code Sections 39730, et seq., 42652, 42652.5, and 42653, and the rules and regulations promulgated by CalRecycle thereunder, including those regulations set forth in 14 Cal. Code Regs. Sections 18993.1 and 18993.2, all as may be amended from time to time.
“Business Day” means a day on which Federal Reserve member banks in San Francisco, California, are open for business.
“Buyer Energy Consumption” means, with respect to any period, the number of kWh of electricity that is consumed by municipal operations of Buyer or another eligible direct service provider to Buyer permitted by 14 Cal. Code Regs. Sections 18993.1(e)(2) during such period (either from the grid or directly), as certified in writing by Buyer to Seller from time to time at Seller’s reasonable request. “CalRecycle” means the California Department of Resources Recycling and Recovery, or a successor governmental authority responsible for implementing and/or promulgating the Applicable Standards and overseeing the qualification and use of PCAs in California. “Contract Year” means each twelve (12) calendar month period during the Term beginning on January 1 and ending on December 31.

Item # 11.
-2-
309680.v2
“Contract Year-to-Date” means, as of any date in any Contract Year, the period from January 1 of such Contract Year through such date.
“Disallowed PCAs” is defined in Section 5.4 below;
“Effective Date” is defined in the first paragraph of this Agreement above; “Event of Default” means, with respect to a Party, any of the following events:
(a) The failure of such Party to pay any amount when due in full as and when required under this Agreement, and such amount is not paid in full within five (5) Business Days after receiving Notice thereof;
(b) With respect to Seller, the failure of Seller to satisfy its Contract PCA delivery obligations under this Agreement (other than following a payment default by Buyer), and such failure is not cured within five (5) Business Days of the date that it receives Notice from Buyer of such failure; (c) With respect to Buyer, the failure of Buyer to purchase Contract PCAs when required under this Agreement, and such failure is not cured within five (5) Business Days of the date that it receives Notice from Seller of such failure;
(d) If any representation or warranty made by such Party in Section 5.1 or Section 5.2, as applicable, proves to have been materially misleading or false in any material respect when made and such Party does not cure the underlying facts so as to make such representation and warranty materially correct and not misleading in any material respect within thirty (30) calendar days of receipt of Notice from the other Party setting forth in reasonable detail the circumstances underlying such materially false or misleading representation or warranty;
(e) With respect to Seller, the failure to provide Buyer with Notice as required under Section 2.3 that qualifying electricity generated at the Facility and sold into the grid during such period is not sufficient to produce the number of PCAs required to be delivered during such period and that therefore Seller’s obligation to deliver PCAs to Buyer during that period is excused to the extent qualifying electricity is insufficient.
(f) Any other failure of performance by such Party of its material obligations under this Agreement not otherwise specified as a separate Event of Default hereunder, and such failure is not cured within thirty (30) calendar days of receipt of Notice of Event of Default; or (g) Such Party (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails or admits in writing its inability generally to pay its debts as they become due; (iii) institutes or has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights that is not dismissed within sixty (60) days; or (iv) has a secured party take possession of all or substantially all of its assets or has a distress, execution, receivership, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets and such secured party maintains possession, or any such process is not dismissed, discharged, stayed or restrained, in each case within thirty (30) days thereafter; provided, that a Final Determination that any PCAs are Disallowed PCAs shall not be an Event of Default.

Item # 11.
-3-
309680.v2
“Facility” means the biomass fueled electricity generation facility operated by Seller and located at 62300 Gene Welmas Way, Mecca, California 92254 or another biomass fueled electricity generation facility identified by Seller receiving Feedstock in compliance with 14 Cal. Code Regs. Section 18993.1(i) which may from time to time produce PCAs on the Seller’s behalf. “Feedstock” means biomass feedstock received directly from one or more eligible solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i). “Final Determination” means a determination by CalRecycle that any Contract PCAs are Disallowed PCAs, which determination is either (a) challenged in a court of competent jurisdiction and upheld in a final, non-appealable order by a court of competent jurisdiction; or (b) not challenged in any court prior to expiration of the period allowed for any court challenge. The order of a court will be deemed a “Final Determination” when the time for appeal, if any, has expired and no appeal has been taken or when all appeals taken have been finally determined.
“Interest Rate” means a rate equal to two percent (2%) over the per annum rate of interest equal to the prime lending rate as may from time to time be published in the Wall Street Journal under “Money Rates”; provided such interest rate shall never exceed the maximum lawful rate permitted by applicable law.
“kWh” means kilowatt-hours.
“Notice” means the process described in Section 7.2.
“Procurement Compliance Attribute” or “PCA” means an attribute associated with Recovered Organic Waste Products generated by the Facility with Feedstock that may be used by an eligible jurisdiction toward its SB 1383 Recovered Organic Waste Product procurement target, together with all associated Reporting Rights. For the avoidance of doubt, Procurement Compliance Attributes do not include any energy generated, or any other attributes, including renewable energy credits, capacity, avoided greenhouse gas emissions, avoided pollutant emissions, or any other credit, benefit, emission reduction, offset, or allowances, howsoever entitled, whether currently identified or identified any time in the future, attributable from a biomass conversion facility and/or its avoided emission of pollutants. A quantity of PCAs (including Contract PCAs) shall be expressed in kWh, and shall be converted into equivalent tons using the conversion ratio of one ton for every 650 kWh or such other conversion ratio required by the Applicable Standards.
“PCA Certificate” means, with respect to any Contract PCAs, a certificate required by 14 Cal. Code Regs. Section 18993.2(a)(6) in the form attached hereto as Exhibit B relating to such Contract PCAs. “Quarterly Certificate” means, with respect to any Quarterly Period, a certificate in the form attached hereto as Exhibit C setting forth the number of Contract PCAs (a) delivered in such Quarterly Period, the Purchase Price to be paid for such Contract PCAs, Buyer Energy Consumption during such Quarterly Period, and other terms applicable to such Contract PCAs; and (b) delivered in the applicable Contract Year through the end of such Quarterly Period, the Purchase Price paid (or to be paid) for such Contract PCAs for the Contract Year through the end of such Quarterly Period, Buyer Energy Consumption during the Contract Year through the end of such Quarterly Period, and other terms applicable to such Contract PCAs.
“Quarterly Period” means each three (3) calendar month period during the Term ending on each March 31, June 30, September 30, and December 31; provided that the first and last Quarterly Periods of the Term shall be pro-rated based on the start date or end date of the Term, as applicable.

Item # 11.
-4-
309680.v2
“Recovered Organic Waste Products” has the meaning set forth in 14 Cal. Code Regs. Section 18982(60) and that meets the requirements set forth in 14 Cal. Code Regs. Section 18993.1. “Reporting Rights” means, with respect to any PCA, the right of Buyer to report that it owns such PCA to CalRecycle for purposes of applying such PCA to its SB 1383 Recovered Organic Waste Product procurement target.
“Unit Contingent” means that Seller’s obligation to deliver PCAs to Buyer during any period shall be excused to the extent qualifying electricity generated at the Facility and sold into the grid during such period is not sufficient to produce the number of PCAs required to be delivered during such period. “Vintage Year” means, with respect to any PCAs, the calendar year or years during which such PCAs were generated, as set forth in the applicable Quarterly Certificate or Annual Report. “SB 1383” means California’s Short-Lived Climate Pollutant Reduction law. “Term” means the period defined in Section 6.1.

ARTICLE 2

PURCHASE AND SALE OF PCAS

2.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller:
(a) Contract Years. During each Contract Year, a number of PCAs equal to the lesser of the following (“Total Annual Generated PCAs”): (i) the number of PCAs allocated to Buyer on Schedule I attached hereto as Exhibit D for such Contract Year; (ii) if Seller determines that the total PCA generation from the Facility for a Contract Year (“Total Facility Generation”) is or will be insufficient for any reason to produce enough PCAs for Seller to meet its delivery obligations under this Agreement and all other PCA sales agreements for such Contract Year (“Seller’s Total Delivery Obligation”), the number of PCAs allocated to Buyer by Seller on a pro-rata basis based on Total Facility Generation and Seller’s Total Delivery Obligation; and (iii) the number of PCAs corresponding to the total aggregate Buyer Energy Consumption during such Contract Year; provided, that Seller shall not be obligated to sell to Buyer in any Contract Year PCAs in excess of the percentage of generation allocated to Buyer on Schedule I attached hereto as Exhibit D for such Contract Year; and
(b) Quarterly Periods. During each Quarterly Period within a Contract Year, (i) a number of PCAs (if positive) equal to the lesser of (1) Total Annual Generated PCAs allocated to Buyer for such Contract Year-to-Date through the end of such Quarterly Period; and (2) the number of PCAs corresponding to the total aggregate Buyer Energy Consumption during such Contract Year-to-Date through the end of such Quarterly Period; minus (ii) the total aggregate number of PCAs purchased and sold under this Agreement during the applicable Contract Year prior to the first day of such Quarterly Period; provided, that Seller shall not be obligated to sell to Buyer in any Quarterly Period PCAs in excess of the percentage of generation allocated to Buyer on Schedule I attached hereto as Exhibit D. (c) The PCAs required to be purchased and sold pursuant to this Section 2.1 are referred to herein as the “Contract PCAs”. Buyer shall not directly or indirectly sell or transfer any Contract PCAs to any person or entity without Seller’s prior written consent in each instance.

2.2 Pricing. Subject to the terms and conditions of this Agreement, Buyer shall purchase the Contract PCAs at a price per Contract PCA set forth in Schedule I (the “Per PCA Price”) attached hereto

Item # 11.
-5-
309680.v2
as Exhibit D. The total aggregate amount due for all Contract PCAs in any period (calculated by multiplying the number of Contract PCAs during such period by the Per PCA Price) is referred to herein as the “Purchase Price”.

2.3 Delivery Obligation. Notwithstanding anything to the contrary in this Agreement, the obligation of Seller to sell and deliver Contract PCAs, and of Buyer to purchase and accept the Contract PCAs, is Unit Contingent. Within five (5) Business Days of Seller making a final determination that qualifying electricity generated at the Facility and sold into the grid during an applicable period is not sufficient to produce the number of PCAs required by this Agreement to be delivered during such period, Seller shall provide Buyer with Notice of such final determination.

2.4 Fulfillment of Obligations. Buyer covenants and agrees that during the Term, Buyer shall accurately and completely report all Buyer Energy Consumption and will not seek to circumvent its obligation to purchase all of the Contract PCAs required to be purchased by Buyer under this Agreement.

Seller covenants and agrees that during the Term, Seller shall not reduce the number of Contract PCAs in order for Seller to sell such Contract PCAs to another purchaser at a higher Per PCA Price, except to the extent Seller is permitted to do so by this Agreement.

ARTICLE 3

TRANSFERS

3.1 Delivery. The Contract PCAs set forth on each PCA Certificate shall become usable by Buyer towards Buyer’s SB 1383 Recovered Organic Waste Products procurement target upon Seller’s receipt of payment in full for such Contract PCAs in accordance with Article 4.

3.2 Further Assurances. The Parties shall cooperate fully and assist each other to obtain any and all required approvals and/or forms which may reasonably be required to effectuate the transfer of the Contract PCAs to Buyer in accordance with this Agreement, and to comply with the Applicable Standards and any and all other regulatory obligations relating to SB 1383 Recovered Organic Waste Products procurement as required by CalRecycle.

3.3 Responsibility. Each Party shall be responsible for all costs, fees, brokerage commissions, taxes, and charges of whatever kind and amount that such Party incurs in connection with the performance of its respective obligations under this Agreement.

3.4 Cooperation. Upon notification that any transfer contemplated by this Agreement will not be completed, the Parties shall promptly confer within five (5) days of Notice thereof and shall cooperate in taking reasonable actions necessary to cure any defects in the proposed transfer, so that the transfer can be completed.

3.5 Maximums.
(a) Energy Usage Maximum. Notwithstanding anything in this Agreement to the contrary, Buyer covenants and agrees that Buyer shall not apply (or seek to apply) Contract PCAs toward Buyer’s SB 1383 Recovered Organic Waste Product procurement target in any Contract Year to the extent the number of kWh of energy covered by such Contract PCAs, on an as converted to kWh basis, exceeds the amount of Buyer Energy Consumption.
(b) Maximum PCAs. Notwithstanding anything in this Agreement to the contrary, but subject in all respects to Article 2, Buyer shall not be required to purchase PCAs in any Contract Year, on an as-converted-to-kWh basis, in excess of the number of PCAs corresponding to the Buyer Energy

Item # 11.
-6-
309680.v2
Consumption during such Contract Year. In the event Buyer Energy Consumption during any Contract Year is not sufficient to support the purchase and sale of all Contract PCAs, then Seller shall, in addition to any other rights or remedies available to Seller under this Agreement, at law or in equity, have the right (but not the obligation) to sell such excess PCAs to any purchaser other than Buyer at any price negotiated by Seller, and Seller shall be permitted to retain all proceeds of such sales.

ARTICLE 4
REPORTS; BILLING; PAYMENT

4.1 Monthly Energy Usage. Within ten (10) calendar days after the last day of each calendar month, Buyer shall provide Seller with a statement of the Buyer Energy Consumption during such calendar month, together with true, accurate and complete copies of all bills, invoices and other documentation reasonably requested by Seller for energy purchased and consumed by Buyer for its own municipal operations, and energy purchased and consumed by each eligible direct service provider to Buyer allowable by the Applicable Standards (if any) for its own operations, during such calendar month (“Consumption Documents”).

4.2 Reporting.
(a) Quarterly Certificates. Within thirty (30) calendar days after the last day of each Quarterly Period, Seller shall provide to Buyer a Quarterly Certificate, together with an invoice relating to such Quarterly Period (each, a “Quarterly Invoice”).
(b) Annual Reports. Within thirty (30) calendar days after the last day of each Contract Year, Seller shall provide to Buyer an Annual Report, together with an invoice relating to such Contract Year (each, an “Annual Invoice”; Quarterly Invoices and Annual Invoices are referred to herein as “Invoices”) and a PCA Certificate for such Contract Year. For the avoidance of doubt, each Annual Invoice will include a netting of all Purchase Price invoiced in respect of the applicable Contract Year against all Purchase Price paid in respect of the applicable Contract Year, with a statement of the resulting payment or credit due.
(c) Other Information. Each Party shall provide such other information relevant to the performance of such Party’s obligations under this Agreement, or to confirm compliance by such Party with its obligations under this Agreement, as may be reasonably requested by the other Party. (d) Extension; Deemed Purchase. If Buyer fails to deliver all Consumption Documents relating to any applicable period within the period provided in Section 4.1, the deadline for Seller to deliver a Quarterly Certificate or Annual Report shall be automatically extended to the thirtieth (30 th) calendar day
from and after the date that Seller receives all Consumption Documents for such period. If Buyer fails to deliver all Consumption Documents relating to any Contract Year or Quarterly Period, as applicable, within twenty-five (25) calendar days after the last day of such Contract Year or Quarterly Period, as applicable, then Seller shall provide Buyer with Notice and ten (10) days opportunity to deliver the Consumption Documents. If Buyer fails to provide all Consumption Documents during such ten (10) day period, the Seller shall have the right, but not the obligation, to Invoice Buyer for one hundred percent (100%) of the Contract PCAs required to be purchased and sold for such Contract Year or Quarterly Period, as applicable, pursuant to Section 2.1, regardless of the amount of Buyer Energy Consumption, and Buyer shall be obligated to pay the full Purchase Price for such PCAs. Buyer shall be solely responsible for any and all matters resulting from any delay or failure to provide Consumption Documents, including any refusal by CalRecycle to accept or apply any PCAs towards Buyer’s SB 1383 Recovered Organic Waste Product procurement target.

Item # 11.
-7-
309680.v2

4.3 Review.
(a) Quarterly Invoices. Buyer shall have thirty (30) days from the date of a Quarterly Invoice (the “Quarterly Invoice Review Period”) to review and confirm the calculation of the Purchase Price set forth in the Quarterly Invoice in accordance with this Agreement. If Buyer has a good faith dispute that the Purchase Price in the Quarterly Invoice has not been calculated in accordance with this Agreement, Buyer shall deliver Seller a written notice of such dispute reasonably describing the basis therefor prior to 4:30 p.m. Pacific Time on the last Business Day of the Quarterly Invoice Review Period (each, a “Notice of Dispute”). Failure to deliver a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Quarterly Invoice Review Period for any Quarterly Invoice (the “Quarterly Invoice Dispute Deadline”) shall, subject to Section 5.4, result in Buyer irrevocably accepting the applicable Quarterly Invoice and waiving any dispute with respect to the applicable Quarterly Invoice and all audit rights under Section 4.6 with respect thereto. If Buyer delivers a valid Notice of Dispute prior to the Quarterly Invoice Dispute Deadline for a Quarterly Invoice, the Parties shall meet in a good faith effort to resolve such dispute during the thirty (30) day period following delivery of the Notice of Dispute. (b) Annual Invoices. Buyer shall have thirty (30) days from the date of an Annual Invoice (the “Annual Invoice Review Period”) to review and confirm the calculation of the net Purchase Price set forth in the Annual Invoice in accordance with this Agreement. If Buyer has a good faith dispute that the Purchase Price in the Annual Invoice has not been calculated in accordance with this Agreement, Buyer shall deliver Seller a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Annual Invoice Review Period. Failure to deliver a Notice of Dispute prior to 4:30 p.m. Pacific Time on the last Business Day of the Annual Invoice Review Period for any Annual Invoice (the “Annual Invoice Dispute Deadline”) shall, subject to Section 5.4, result in Buyer irrevocably accepting the applicable Annual Invoice and waiving any dispute with respect to the applicable Annual Invoice and all audit rights under Section 4.6 with respect thereto. If Buyer delivers a valid Notice of Dispute prior to the Annual Invoice Dispute Deadline for an Annual Invoice, the Parties shall meet in a good faith effort to resolve such dispute during the thirty (30) day period following delivery of the Notice of Dispute.

4.4 Payment. Buyer shall pay each Invoice within thirty (30) days from the date of such Invoice. All payments made under this Agreement shall be made in immediately available United States Dollars by electronic transfer without additional notice, and without fees, deductions for counterclaims, set off (except as expressly provided in Section 5.4) or other claims, to the following account:

Seller: Desert View Power LLC
Bank: [●]
Account Number: [●]
ABA Number: [●]

4.5 Late Payment. If Buyer fails to remit any amount payable hereunder by it when due, interest on such unpaid amount shall accrue daily at the Interest Rate and be payable on demand. The right to collect such interest shall be in addition to, and not in lieu of, any other rights or remedies available to the receiving Party, whether pursuant to this Agreement at law or in equity.

4.6 Audit Rights. Each Party (or its designee) shall have the right, with at least two (2) Business Days’ prior written notice, at its sole expense and during normal working hours, to examine and make copies of the books and records of the other Party to the extent reasonably necessary to verify the accuracy of any payment, charge or computation made pursuant to this Agreement; provided, that no adjustment for any Invoice disputed in accordance with Section 4.3 will be made unless a Notice of Dispute is submitted prior to the applicable Dispute Deadline. If any such examination reveals any inaccuracy, the necessary adjustments in payments due will be promptly made and paid or refunded, as applicable.

Item # 11.
-8-
309680.v2
ARTICLE 5

REPRESENTATIONS AND WARRANTIES

5.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party, as of the date of this Agreement, that:
(a) It is duly organized and validly existing under the laws of the jurisdiction of its organization and, if relevant under such laws, in good standing; (b) It has the organizational authority and power to execute, deliver and perform its obligations under this Agreement;
(c) Assuming execution and delivery by the other Party, this Agreement constitutes a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms, subject to bankruptcy, reorganization, and similar laws affecting creditors’ rights generally and to general principals of equity (regardless of whether considered in a proceeding in equity or at law); (d) There is no pending or (to its knowledge) threatened litigation, arbitration or administrative proceeding that materially adversely affects its ability to perform its obligations under this Agreement; and
(e) It is not relying upon any advice, reports, analyses, or representations of the other Party other than those expressly set forth in this Agreement, or any guarantee of the obligations of such other Party, and the other Party has not given to it any assurance or guarantee as to the expected financial performance or results of this transaction, and it has entered into this transaction as principal and for its own account (and not as advisor, agent, broker or in any other capacity, fiduciary or otherwise), with a full understanding of, and the ability to assume, the terms and risks of the same, and has made its trading and investment decisions (including regarding the suitability thereof) based upon its own judgment and any advice from such advisors as it has deemed necessary.

5.2 Contract PCAs. Seller warrants with respect to Contract PCAs delivered by Seller pursuant to this Agreement that (a) the Facility received Feedstock during the Vintage Year from one or more of the facilities set forth in 14 Cal. Code Regs. Section 18993.1(i) in a sufficient amount to produce electricity underlying such Contract PCAs; (b) such Contract PCAs are derived from electricity generated from Feedstock at the Facility during the Vintage Year; (c) Seller has the right and power to sell such Contract PCAs; (d) such Contract PCAs are delivered free from all liens, claims, security interests, encumbrances and other defects of title arising through Seller prior to delivery (other than Buyer’s obligation to pay Seller the Purchase Price); and (e) such Contract PCAs have not otherwise been sold or transferred by Seller to any jurisdiction other than Buyer to satisfy any Recovered Organic Waste Product obligation elsewhere under any standard, marketplace or jurisdiction.

5.3 Buyer Consumption. Buyer represents and warrants that Buyer is, and at all times during the term will be, a jurisdiction within the meaning of 14 Cal. Code Regs. Section 18993.1(a), and that Buyer will exercise Reporting Rights with respect to Contract PCAs for any period only to the extent Buyer Energy Consumption during such period permits Buyer to do so.

5.4 Disallowed PCAs. If there is a Final Determination that any Contract PCAs purchased by Buyer hereunder do not meet the requirements for Buyer’s SB 1383 Recovered Organic Waste Product procurement target as set forth in the Applicable Standards due solely to the feedstock used to generate electricity at the Facility to produce such PCAs not qualifying as “Feedstock” (“Disallowed PCAs”), then Seller shall refund to Buyer (or, if Buyer owes any amounts hereunder to Seller, apply toward such balance)

Item # 11.
-9-
309680.v2
the Purchase Price actually paid by Buyer for such Disallowed PCAs or, if Seller has not yet invoiced Buyer for such Disallowed PCAs, Seller shall not invoice Buyer (and Buyer shall not be required to pay the Purchase Price) for such Disallowed PCAs. Buyer acknowledges and agrees that the remedies granted to Buyer in this Section shall be the sole and exclusive remedies of Buyer for any Final Determination that any PCAs are Disallowed PCAs. Notwithstanding the foregoing, if any person or entity challenges in a court of competent jurisdiction a Final Determination that any PCAs are Disallowed PCAs, then (a) the Parties shall reasonably cooperate with such person or entity in its efforts to challenge such Final Determination; and (b) neither Party shall oppose such person or entity in its efforts to challenge such Final Determination; and (c) the remedies set forth in this Section shall not be exercisable unless and until a Final Determination is made that PCAs are Disallowed PCAs.

5.5 Limitation of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 5.1,

5.2, 5.3 and 5.4, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY

KIND, AND EACH PARTY EXPRESSLY DISCLAIMS, AND THE OTHER PARTY

ACKNOWLEDGES THAT SUCH PARTY IS NOT RELYING UPON, ANY OTHER

REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN OR ORAL, AND WHETHER

EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY WITH RESPECT

TO (A) CONFORMITY TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE; OR (B) ANY ACTION OR FAILURE TO ACT, OR APPROVAL OR FAILURE TO APPROVE, OF ANY AGENCY OR GOVERNMENTAL ENTITY.

5.6 Limitations of Liability. THE PARTIES CONFIRM AND AGREE THAT UNDER THIS

AGREEMENT, NO PARTY IS REQUIRED TO PAY OR WILL BE LIABLE FOR SPECIAL,

CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, LOST

PROFIT, LOST REVENUE, COSTS OF DELAY, LIABILITY TO THIRD PARTIES, BUSINESS

INTERRUPTION DAMAGES, OR OTHERWISE, WHETHER BY STATUTE, IN TORT, CONTRACT

OR OTHERWISE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE PARTIES’ PERFORMANCE (OR NON-PERFORMANCE) UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY’S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, TO,

NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH OR

RESULTING FROM THIS AGREEMENT OR FROM PERFORMANCE OR BREACH THEREOF EXCEED THE PURCHASE PRICE REQUIRED TO BE PAID HEREUNDER.

5.7 Survival. The representations in Sections 5.1 5.2, 5.3 and 5.4 shall survive any expiration or termination of this Agreement until the first (1
st) anniversary of the termination of the Term, whereupon they shall automatically terminate and be of no further force or effect.

ARTICLE 6
TERM; SURVIVAL.

6.1 Term. This Agreement is effective as of the Effective Date and will remain effective until the earlier to occur of (a) delivery of all of the Contract PCAs and Seller’s receipt of the full Purchase Price for all Contract PCAs; (b) the termination of this Agreement pursuant to Section 6.2 or Section 7.9; or (c) [date] (the “Term”).

6.2 Termination Due to Event of Default. If an Event of Default occurs with respect to either Party (the “Defaulting Party”) at any time during the Term, the other Party (the “Performing Party”) may, in addition to any other rights or remedies available to the Performing Party, (a) designate by written Notice delivered to the Defaulting Party a date, no earlier than the day such Notice is delivered and no later than twenty (20) days after such notice is delivered, as the early termination date of the Term; or (b) by written Notice delivered to the Defaulting Party, immediately suspend transfers of Contract PCAs due in respect

Item # 11.
-10-
309680.v2
of this Agreement (provided that such suspension shall not suspend or otherwise affect Buyer’s obligations to pay for Contract PCAs delivered prior to the date of suspension).

6.3 Survival. Except as set forth herein, Article 1, Article 2, Article 3, Article 4, Section 5.5, Section 5.6, Section 5.7, this Section 6.3, and Article 7 (subject to the limitation in Section 7.6) shall survive expiration or termination of the Term. Termination of the Term or this Agreement shall not release any Party from the obligation to pay any amounts which may be due or owing under this Agreement with respect to any period prior to the date of termination of this Agreement.

ARTICLE 7

GENERAL PROVISIONS

7.1 Waiver of Immunity. Each Party waives, to the fullest extent permitted by applicable law, with respect to itself and its revenues and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from (a) suit; (b) jurisdiction of any court; (c) relief by way of injunction or order for specific performance or recovery of property; (d) attachment of its assets (whether before or after judgment); and (e) execution or enforcement of any judgment to which it or its revenues or assets might otherwise be entitled in any suit, action, or proceedings relating to any dispute arising out of or in connection with this Agreement.

7.2 Notices. All notices, invoices, other formal communications which either Party may give to the other under or in connection with this Agreement shall be in writing and shall be sent by any of the following methods: hand delivery; reputable overnight courier; certified mail, return receipt requested; or e-mail. Notices, invoices and communications shall be deemed given when (a) actually received; (b) delivered by private courier (with confirmation of delivery); (c) transmitted by e-mail (with confirmation of transmission) (d) the next Business Day after delivery to a reputable overnight courier with all charges prepaid; or (e) five (5) Business Days after being deposited in the United States mail, first-class, registered or certified, return receipt requested, with postage paid. The communications shall be sent to the following addresses, or a different address provided by the receiving Party in accordance with the notice delivery requirements above:

If to Seller:

Desert View Power LLC
3600 American River Drive, Suite160
Sacramento, California 95864
Attention:

Phone:

E-mail:

If to Buyer:
[name]
[address]
Attention: [●]
Phone: [●]
Email: [●]

7.3 Force Majeure. Neither Party shall be liable for any failure or delay in the performance of its respective obligations hereunder (other than the obligation to make any payment) if and to the extent that such delay or failure is due to a cause or circumstance beyond the reasonable control of such Party,

Item # 11.
-11-
309680.v2
which event or circumstance was not anticipated as of the Effective Date, including acts of God; expropriation or confiscation of facilities by a governmental agency (including a tribal authority); compliance with any change of law or government regulation, or order by government authority; act of war, rebellion or sabotage or damage resulting therefrom; fire, flood, earthquake, explosion or accident; epidemic or pandemic; riot, strike, or other concerted acts of workmen, whether direct or indirect (“Force Majeure”). Notwithstanding the foregoing, Force Majeure shall not include (a) the loss of Buyer’s markets for PCAs; (b) Buyer’s inability to use PCAs for regulatory compliance reasons caused by Buyer; (c) Buyer’s ability to purchase PCAs from another source or at a price lower than the Per PCA Price; or (d) Seller’s ability to sell PCAs at a price greater than the Per PCA Price. To the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under this Agreement and such Party (the “Claiming Party”) gives written Notice and details of the Force Majeure to the other Party as soon as practicable, then, the Claiming Party shall be excused from the performance of its obligations hereunder (other than the obligation to make payments then due or becoming due with respect to performance prior to the Force Majeure). The Claiming Party shall seek to remedy the Force Majeure with commercially reasonable efforts. The non-Claiming Party shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by Force Majeure. A Party seeking to be excused from performance of any of its obligations hereunder is not required to rely solely on this Section, but shall be entitled to rely on any other applicable provision of this Agreement.

7.4 Entire Agreement; Amendments. The terms of this Agreement constitute the entire agreement between the Parties with respect to the matters set forth in this Agreement and supersede all prior and contemporaneous representations, warranties, covenants and agreements, whether oral or written. This Agreement may be changed only by written agreement identified as an amendment to this Agreement executed and delivered after the date hereof by both Parties.

7.5 Waiver. Either Party may waive compliance with any of the agreements or conditions of the other Party contained herein. Any such waiver shall be valid only if expressly set forth in an instrument in writing signed by the Party to be bound thereby. Any waiver of any breach, term or condition shall not be construed as a waiver of any subsequent breach or a subsequent waiver of the same term or condition, or a waiver of any other term or condition, of this Agreement. No delay by Buyer or Seller in exercising its rights or remedies hereunder, including the right to terminate this Agreement or suspend performance, shall be deemed to constitute or evidence any waiver by Buyer or Seller of any right hereunder. The rights granted in this Agreement are cumulative of every other right or remedy that the enforcing Party may otherwise have at law or in equity or by statute.

7.6 Confidentiality.
(a) Definition. For purposes of this Agreement, “Confidential Information” means oral and written information exchanged between the Parties in connection with this Agreement, including to utility customer account data, trade secret, and proprietary information, and personal financial data.

Notwithstanding the foregoing, the following shall not constitute Confidential Information: (i) information which was already in a Party’s possession on a non-confidential basis prior to its receipt from the other Party; (ii) information which is obtained from a third person who, insofar as is known to the Party, is not prohibited from transmitting the information to the Party by an obligation of confidentiality to the other Party; (iii) information which is or becomes publicly available through no fault of the Party; (iv) information which is at any time independently developed by employees or consultants of a Party who have not had access to Confidential Information in the possession of that Party; and (v) records which are deemed to be public records subject to disclosure under the California Public Records Act, Government Code Section 7920.000, et seq.

Item # 11.
-12-
309680.v2
(b) Generally. Except as provided in this Section 7.6, neither Party shall use Confidential Information for any purpose other than completing the transactions contemplated by this Agreement, nor publish, disclose, or otherwise divulge Confidential Information to any person at any time during or after the Term, without the other Party’s prior express written consent. Each Party may permit knowledge of and access to Confidential Information only to those of its affiliates and its and their members, directors, managers, officers, attorneys, accountants, representatives, agents and employees that have a need to know related to this Agreement and agree to keep such information confidential. (c) Required Disclosure. Notwithstanding the foregoing, if required by any law, statute, ordinance, decision, order or regulation passed, adopted, issued or promulgated, or if requested by a court, governmental agency or authority having jurisdiction over a Party, that Party may release Confidential Information, or a portion thereof, to the court, governmental agency or authority, as required or requested, provided that, if permitted by applicable laws, such Party has notified the other Party of the required disclosure, such that the other Party may attempt (if such Party so chooses) to cause that court, governmental agency, or authority to treat such information in a confidential manner or to prevent such information from being disclosed or otherwise becoming part of the public domain, and the Party being compelled to disclose shall reasonably cooperate (at its own expense) with the other Party’s reasonable requests to limit or prevent such disclosure.
(d) Survival. This Section 7.6 survives for a period of one (1) year following the expiration or termination of this Agreement.

7.7 Governing Law. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of California, including its statutes of limitations and repose, but without regard to any borrowing statute that would result in the application of the statute of limitations or repose of any other jurisdiction.

7.8 Venue. Each Party hereby (a) irrevocably consents to the exclusive jurisdiction of any California State and Federal courts sitting in Sacramento, California with respect to all actions and proceedings arising out of or relating to this Agreement; (b) agrees that all claims with respect to any such action or proceeding shall be heard and determined exclusively in such California State or Federal court; (c) waives the defense of an inconvenient forum; (d) consents to service of process by mailing or delivering such service to it at its address set forth below and (v) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

7.9 Change in Law. If any statutes, rules, or regulations are enacted, amended or revoked which (other than statutes, rules, or regulations are enacted, amended or revoked by Buyer) have the effect of (a) changing the transfer and sale procedures set forth in this Agreement so that the implementation of this Agreement becomes impossible or impracticable; (b) making this Agreement illegal or unenforceable; or (c) eliminating the existence of the Contract PCAs or prohibiting Buyer from applying PCAs to Buyer’s SB 1383 Recovered Organic Waste Product procurement target (a “Change in Law”), the Parties agree to negotiate in good faith to amend this Agreement to conform with such Change in Law in order to maintain the original intent of the Parties under this Agreement. If the Parties cannot agree in good faith to amend this Agreement to conform with such Change in Law in order to maintain the original intent of the Parties under this Agreement within sixty (60) days of a Party providing the other Party with Notice of a Change in Law, then either Party may terminate this Agreement upon delivery of Notice of termination to the other Party.

Item # 11.
-13-
309680.v2

7.10 Construction; Interpretation. All Article and Section headings contained in this Agreement are for convenience of reference only, do not form a part of this Agreement, and shall not affect in any way the meaning or interpretation of this Agreement. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. Unless otherwise expressly provided, the words “include” and “including” do not limit the preceding words or terms, and mean “including without limitation”. In the calculation of any period of time, if the last day of such period falls on a day other than a Business Day, the period of time shall be automatically extended to the next Business Day.

With regard to all dates and time periods set forth or referred to in this Agreement, time is of the essence.

The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

7.11 Assignment. Buyer may not assign this Agreement or its rights or obligations hereunder in whole or in part. Seller may assign, mortgage, pledge, sell, or otherwise directly or indirectly assign its interest in this Agreement or its rights hereunder with the prior written consent of Buyer which shall not be unreasonably withheld.

7.12 No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties (and their successors and assigns permitted hereunder) shall not impart any rights enforceable by any other party.

7.13 Electronic Transmissions. Each Party agrees that (a) any signature page to this Agreement, consent or signed document transmitted by electronic transmission shall be treated in all manner and respects as an original written document; (b) any such signature page, consent or document shall be considered to have the same binding and legal effect as an original document; and (c) at the request of any Party, any such signature page, consent or document transmitted by electronic transmission shall be reexecuted and/or re-delivered, as appropriate, by the relevant Party or parties in its original form. Each Party further agrees that such Party will not raise the transmission of a signature page, consent or document by electronic transmission as a defense in any proceeding or action in which the validity of such signature page, consent or document is at issue and hereby forever waives such defense. For purposes of this Agreement, the term “electronic transmission” means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process.

7.14 Counterparts. This Agreement may be executed in one or more counterparts and by different Parties in separate counterparts, each of which will be deemed an original, but all of which will together constitute one instrument.
[remainder of page intentionally blank]

Item # 11.
-Signature PageProcurement Compliance Attribute Purchase Agreement 309680.v2
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its duly authorized representatives as of the date first set forth above.

DESERT VIEW POWER, LLC
By:

Name:

Title:
[LEGAL NAME OF ENTITY (ALL CAPS)]
By:

Name:

Title:

Item # 11.
309680.v2

EXHIBIT A

FORM OF

ANNUAL REPORT
This Annual Report, dated as of [date], evidences the purchase and sale of the number of Contract PCAs during the Contract Year set forth below pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Desert View Power LLC (“Seller”) and [name of buyer] (“Buyer”). Capitalized terms used but not defined in this Certificate shall have the meanings assigned in the Purchase Agreement.

Contract Year Ending: [●]
Facility: [●]
Contract PCAs During Contract Year (kWh): [●]
Buyer Energy Consumption (kWh) During Contract Year: [●] Total PCAs Delivered During Contract Year (kWh): [●]
Total PCAs Delivered During Contract Year (equivalent tons): [●] [Note to Draft: this Form of Report to be adjusted to reflect annual reporting requirements specified by CalRecycle]

Item # 11.
309680.v2

EXHIBIT B

FORM OF

PCA CERTIFICATE
DESERT VIEW POWER LLC (“Seller”), through the undersigned authorized representative in his official capacity as an officer, DOES HEREBY CERTIFY UNDER PENALTY OF PURJURY as of [date] that:

1. This Certificate is being delivered pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Seller and [name of buyer] (“Buyer”). Capitalized terms used but not defined herein shall have the meanings assigned in the Purchase Agreement.

2. Seller is the owner and operator of the biomass-fueled electricity generation facility located at 62300 Gene Welmas Way, Mecca, California 92254 (the “Facility”).

3. The Facility qualifies as a biomass conversion facility that generates electricity for sale to the California electricity grid through the use of biomass feedstock received directly from one or more permitted solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i).

4. During the Contract Year identified below, the Facility generated electricity from biomass feedstock received directly from one or more permitted solid waste facilities described in 14 Cal. Code Regs. Section 18993.1(i) sufficient to produce the number of PCAs transferred to Buyer under the Purchase Agreement during the Contract Year identified below (the “Transferred PCAs”):

Number of Transferred PCAs Contract Year Ended
[●] December 31, [●]

5. Upon payment in full for the Transferred PCAs, the Transferred PCAs have not otherwise been sold or transferred by Seller to any jurisdiction other than Buyer to satisfy any recovered organic waste obligation elsewhere under any standard, marketplace or jurisdiction.

IN WITNESS WHEREOF, this Certificate has been executed and delivered by a duly authorized representative as of the date first set forth above.

DESERT VIEW POWER, LLC
By:

Name:

Title:

Item # 11.
309680.v2

EXHIBIT C

FORM OF

QUARTERLY CERTIFICATE
This Quarterly Certificate, dated as of [date], evidences the purchase and sale of the number of Contract PCAs during the Quarterly Period and Contract Year set forth below pursuant to that certain Procurement Compliance Attribute Purchase Agreement, dated as of [date] (the “Purchase Agreement”), between Desert View Power LLC (“Seller”) and [name of buyer] (“Buyer”). Capitalized terms used but not defined in this Certificate shall have the meanings assigned in the Purchase Agreement.

Facility: [●]
Quarterly Period Ending: [●]
Contract Year Ending: [●]
(a) Buyer Energy Consumption for
Contract Year-to-Date through end of
Quarterly Period:
[●]
(b) PCAs allocated to Buyer Contract
Year-to-Date through end of Quarterly
Period:
[●]
(c) PCAs delivered by Seller to Buyer
during prior Quarterly Periods of Contract
Year:
[●]
PCAs delivered by Seller to Buyer this
Quarterly Period, equal to the lesser of (a)
or (b), less (c)
[●]
Price per kWh: $[●]
Price per Equivalent Ton: $[●]
Aggregate Purchase Price Due: $[●]
Expected Energy Consumption 1,214,993
Contract PCA Volume 750,750
Original Original Updated Updated Total Total
Projection Projection Actual Actual Forecast Forecast Projected Projected Consumption* PCAs generated* Consumption* PCAs generated* Consumption* PCAs generated* Consumption* PCAs generated* January 101,249 37,538 85,000 50,000 85,000 50,000
February 101,249 37,538 85,000 50,000 85,000 50,000
March 101,249 37,538 85,000 50,000 85,000 50,000
April 101,249 37,538 90,000 75,000 90,000 75,000
May 101,249 90,090 95,000 130,000 95,000 130,000
June 101,249 90,090 100,000 175,000 100,000 175,000
July 101,249 90,090 110,000 80,000 110,000 80,000
August 101,249 90,090 110,000 80,000 110,000 80,000
September 101,249 90,090 100,000 30,000 100,000 30,000
October 101,249 75,075 95,000 16,000 95,000 16,000
November 101,249 37,538 95,000 13,000 95,000 13,000
December 101,249 37,538 95,000 1,750 95,000 1,750
YTD / Future 1,214,993 750,750 540,000 530,000 605,000 220,750 1,145,000 750,750 * Attributed to this jurisdiction

Item # 11.
309680.v2

EXHIBIT D

SCHEDULE I

PRICING AND VOLUME
The example schedules below represent pricing based on the cumulative volume signed up by June 30, 2023 by all Pioneer Community Energy jurisdictions. The contract with each individual jurisdiction will have its individualized schedule inserted into the document.

Pricing is in three tiers: 0-10,000 tons; 10,001-20,000 tons; 20,001+ tons.

All PCAs purchased will be priced at the total volume signed up by June 30, 2023.

If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is up to 10,000 tons as of 6/30/2023:

Then Schedule 1 would look like this:

Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $31.50 $0.0485 3,000 1,950,000 1.30% $ 94,500.00
2024 $32.45 $0.0499 6,500 4,225,000 2.82% $ 210,892.50
2025 $33.42 $0.0514 10,000 6,500,000 4.33% $ 334,183.50 2026 $34.42 $0.0530 10,000 6,500,000 4.33% $ 344,209.01 2027* $35.45 $0.0545 TBD TBD TBD TBD
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is 10,001 to 20,000 tons as of 6/30/2023:

Then Schedule 1 would look like this:

Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $30.25 $0.0465 3,942 2,562,300 1.71% $ 119,245.50
2024 $31.16 $0.0479 8,541 5,551,650 3.70% $ 266,116.21
2025 $32.09 $0.0494 13,140 8,541,000 5.69% $ 421,691.84 2026 $33.05 $0.0509 13,140 8,541,000 5.69% $ 434,342.59 2027* $34.05 $0.0524 TBD TBD TBD TBD
If Total 2025 Commitment from all Pioneer Community Energy jurisdictions is 20,001 to 30,000 tons as of 6/30/2023:

Then Schedule 1 would look like this:

Vintage Year
Per PCA Price
($/ton
equivalent)
Per PCA Price
($/kWh)
Volume
(tons
equivalent) Volume (kWh) Percentage of Generation
Purchase Price
(Contract Year)
2023 $29.00 $0.0446 6,265 4,071,990 2.71% $ 181,673.40
2024 $29.87 $0.0460 13,573 8,822,645 5.88% $ 405,434.47 2025 $30.77 $0.0473 20,882 13,573,300 9.05% $ 642,457.70 2026 $31.69 $0.0488 20,882 13,573,300 9.05% $ 661,731.43 2027* $32.64 $0.0502 TBD TBD TBD TBD

Item # 11.
309680.v2
* The volume in 2027 will automatically adjust to represent 100% of the Buyer’s Recovered Organic Waste Product target as provided by CalRecycle, with the Percentage of Generation and the Purchase Price filled in accordingly.

Item # 11.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Wolf Creek Trail Project – Environmental Determination CEQA: Initial Study – Mitigated Negative Declaration.

Recommendation: That the City Council take the following actions:

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

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

3. Approve the Wolf Creek Trail Project, as presented.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 06/13/2023 Date Prepared: 06/07/2023 Agenda: Public Hearing
Background Information: On January 28, 2020, Council authorized the award of a professional services agreement to Surf to Snow Environmental Resource Management, Inc. (S2S ERM) for the engineering design, environmental studies, planning and related services for the Wolf Creek Trail Project. Over the past several years, the consultant and the City have been working closely to develop the most feasible and desirable trail alignment, while concurrently performing the surveys, studies, outreach and coordination necessary to establish an appropriate level of environmental review.

On April 25, 2023 the consultant and City staff presented to Council the culmination of their work, including the final preferred trail alignment, along with the accepted 30% design level engineering plans for the entire trail system.

Environmental Determination: An environmental review was completed in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063. This process resulted in the preparation of a draft Initial Study which was reviewed at the April 25th Council meeting. Based upon the Initial Study, Biological, Cultural and Tribal Cultural Resources, Geology and Soils, Hydrology and Water Quality, and Noise, were identified as having potentially significant impacts requiring mitigation measures. Other resource categories were determined to be less than significant or have no impact based upon site and project specific impacts (Attachment 1 – Initial Study/Mitigated Negative Declaration).

Item # 12.

In accordance with CEQA Section 15097, the Mitigated Negative Declaration includes a Mitigation Monitoring and Reporting Plan (MMRP). The MMRP identifies the mitigation measures that reduce potential project impacts to a less than significant level (Attachment 2 – Mitigation Monitoring & Reporting Program).

Public Notice and Agency Comments: Public notice of Intent to Adopt a Mitigated Negative Declaration and Notice of Public Hearing for the project was prepared and posted pursuant to the CEQA Guidelines and State law. The Negative Declaration was circulated through the Office of Planning & Research for a 30-day public review period commencing on April 20, 2023, and ending close of business on May 19, 2023.

Comment letters on the project are in Attachment 3 – Comments on Initial Study/Mitigated Negative Declaration. One standard regulatory letter was received from the Regional Water Quality Control Board and the only other response was from the California Department of Transportation, noting they had no comments at this time.

Actions: The Wolf Creek Trail Project as proposed encompasses six distinct segments, with segment 1 already having been completed in 2019. Future segments would likely be advanced individually and Staff would return to Council for final design approval and authorization to bid each trail segment as funding and resources allow.

At this time, Staff requests that Council approve the Wolf Creek Trail Project as presented and adopt a Mitigated Negative Declaration and a Mitigation Monitoring & Reporting Plan in accordance with the California Environmental Quality Act.

Council Goals/Objectives: The Wolf Creek Trail Engineering Design and Environmental Studies Project executes portions of work tasks towards achieving/maintaining Strategic Goal #1 – Community and Sense of Place and Strategic Goal #3 – Recreation and Parks
Fiscal Impact: The Wolf Creek Trail Engineering Design and Environmental Services Project is fully funded in the FY 2022/23 CIP Budget.

Funds Available: Yes Account #: 300-406-63350
Reviewed by: _____ City Manager
Attachments:

Attachment 1 – Initial Study/Mitigated Negative Declaration Attachment 2 – Mitigation Monitoring & Reporting Program Attachment 3 – Comments on Initial Study/Mitigated Negative Declaration

Item # 12.

Wolf Creek Trail Project
City of Grass Valley
Draft Initial Study/Mitigated Negative Declaration

GRASS VALLEY
SCH#2023040524
April 2023
ATTACHMENT 1

Item # 12.

Table of Contents
Table of Contents 1
ACRONYM LIST 3
I. lntroduction and Purpose 5
I. I Project Location and Site Description 5
I.2 Project Description 9
I.3 Regulatory Setting and Required Agency Approvals 18 I.3.1 Figure I: Vicinity Map 7
I.3.2 Figure 2: Site Location Map 8
I.3.3 Figure 3A-3E: Proposed Project 12
I.4 Representative Photos 19
T.5 Evaluation of Environmental Impacts: 23
II. Environmental Factors Potentially Affected 24
III. Evaluation of Environmental Impacts 26
III. I Aesthetics 26
III.2 Agriculture and Forestry Resources 31
III.2.1 Table I: Estimated Amount of Project effects to Forest Habitat Communities 33 III.2.2 Figure 4A-4E: Habitats within the Biological Study Area 35 III.3 Air Quality 40
111.3.1 Table 2: Project Construction and Operational Emissions Estimates 41 III.4 Biological Resources 43
III.4.1 Table 3: Estimated Amount of Project effects to Vegetation Habitat Communities 49 III.5 Cultural Resources 57
III.6 Energy 61
III.7 Geology and Soils : 63
III.8 Greenhouse Gas Emissions 68
III.9 Hazards and Hazardous Materials 71
III. IO Hydrology and Water Quality 75
III. I! Land Use Planning 81
III.12 Mineral Resources 83
III.13 Noise 85
III.13. l Table 4: Equipment used for the project and the dBA for each type of equipment.. 87 III.13 .2 Table 5: Typical Vibration Levels for Construction Equipment 88 III.14 Population and Housing 90
IU.15 Public Services 91
III.16 Recreation 93
III. I 7 Transportation 95
III.18 Tribal and Cultural Resources 97
III.19 Utilities and Service Systems 100
III.20 Wildfire : 103
III.21 Mandatory Findings of Significance I 06
IV. References 108
City of Grass Valley-Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration

Item # 12.

LIST OF APPENDICES
Appendix A: Tree Survey Report
Appendix B: Biological Constraints Report
Appendix C: Phase 1 Archaeological Survey Report
Appendix D: Phase I/II Environmental Site Assessment Report Appendix E: Transportation Analysis
Appendix F: Preliminary Improvement Plans
City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 2

Item # 12.

ACRONYM LIST

A----------------------------------------
AB
ADL
APE
B _
BCR
BMP
BSA
C _
CalFire
CDFW
CEQA
CESA
CNDDB
CNEL
CRPR
CWA
D _
DBH
DGS
DVBE
E _
EIR
ESA

F --------------------------------- -----
FEMA
FESA
FTA
FTE
G _
GHG
GIS

H ---------------------------------------
HMA
L
LID
M _
MBTA
MM
MME
MND
MRZ
MUTCD

N ----------------------------------------
Assembly Bill
Aerially Deposited Lead
Area of Potential Effect
Biological Constraints Report
Best Management Practice
Biological Study Area
California Department of Forestry and Fire Protection
California Department of Fish and Wildlife
California Environmental Quality Act
California Endangered Species Act
California Natural Diversity Database
Community Noise Equivalent Level
California Rare Plant Ranks
Clean Water Act
Diameter at Breast Height
Department of General Services
Disabled Veteran Business Enterprise
Environmental Impact Report
Environmentally Sensitive Area
Federal Emergency Management Agency
Federal Endangered Species Act
Federal Transit Administration
Full Time Equivalent
Greenhouse Gas
Geographic Information System
Hot Mix Asphalt
Low Impact Development
Migratory Bird Treaty Act
Mitigation Measure
Mineral Management Element
Mitigated Negative Declaration
Mineral Resource Zone
Manual on Uniform Traffic Control Devices
City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 3

Item # 12.

NAHC
NCCFD
NID
NOA
NOi
NPDES
NRCS
NSAQMD
NWI
O _
OES
OHWM
OPR
p _
PG&E
PM
PPV
PRC
R _
ROG
ROW
RWQCB
s
SWPPP
SWRCB
T _
THPO
TTLC
U _
UAIC
USDA
USFWS
USGS
V _
VHFHSZ
W _
WCCA
WDID
WPA
Native American Heritage Commission
Nevada County Consolidated Fire District
Nevada Irrigation District
Naturally Occurring Asbestos
Notice of Intent
National Pollutant Discharge Elimination System
Natural Resources Conservation Service
Northern Sierra Air Quality Management District
National Wetlands Inventory
Office of Emergency Services
Ordinary High-Water Mark
Office of Planning and Research
Pacific Gas & Electric Co.

Particulate Matter
Peak Particle Velocity
Public Resource Code
Reactive Organic Gasses
Right of Way
Regional Water Quality Control Board
Storm Water Pollution Prevention Plan
State Water Resource Control Board
Tribal Historic Preservation Officer
Total Threshold Limit Concentration
United Auburn Indian Community
United States Department of Agriculture
United States Fish and Wildlife Service
United States Geological Survey
Very High Severity Fire Hazard Zone
Wolf Creek Community Alliance
Waste Discharge Identification
Works Project Administration
City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 4

Item # 12.

I. INTRODUCTION AND PURPOSE
Background Summary
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15063 (Initial Study), the City of Grass Valley (City) has prepared this Initial Study to assess the potential environmental impacts of the Wolf Creek Trail project. On the basis of the Initial Study, the City finds that the proposed project will not have a significant adverse effect on the environment and will not require the preparation of an Environmental Impact Report. Therefore, this Mitigated Negative Declaration has been prepared as the appropriate level of environmental review in accordance with CEQA and the CEQA Guidelines Sections 15063 and 15070 et. seq.

Public and Agency Review
This Initial Study/Mitigated Negative Declaration will be circulated for a 30-day public and agency review commencing April 20, 2023. Copies of this Initial Study and cited references may be obtained at the City of Grass Valley at the address noted below. Written comments on this Initial Study/Mitigated Negative Declaration may also be addressed as noted below.

Project title: Wolf Creek Trail Project
Lead agency name and address
City of Grass Valley
125 E. Main Street
Grass Valley, CA 95945
Contact person, phone number, and e-mail
Bjorn Jones, City Engineer
125 East Main St.

Grass Valley, CA 95945
(530) 274-4353
[email protected]

1.1 Project Location and Site Description
The Wolf Creek Trail ("proposed project") is an approximately 2.3-mile trail that roughly follows the alignment of Wolf Creek through the City of Grass Valley from its southern limits to the northeast corner of town. The trail, as currently proposed, is located entirely within existing public right of way, primarily in City right of way with portions of the trail situated in California Department of Transportation (Caltrans) City of Grass Valley- Wolf Creek Trail
Initial Study / Mitigated Negative Declaration 5

Item # 12.
right of way. The project site is located in Section 26, Township 16N, Range 8E Mt. Diablo Base Meridian on City of Grass Valley 7.5-minute USA quadrangle (Figure 1: Vicinity Map and Figure 2: Project Location Map). Approximate coordinates at its center are 39° 13' 13" north and -121 ° 03' 15" west.

The general environmental setting of the site is indicative of the Grass Valley Foothill habitat, and includes Ponderosa Pine, Sierra Mixed Conifer, Riparian, Landscaped, and Developed habitat. The site slopes are generally minor, being less than 10% with some steeper slopes primarily where grading has occurred.

Surrounding Land Uses
The project is predominantly in areas of developed residential, commercial, and light industrial uses but also includes undeveloped habitat (Riparian, Ponderosa Pine, and Sierra Mixed Conifer habitat). The project area is located adjacent to and on the eastern side of SR 49.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 6

Item # 12.
i
r - J 'f
• J Strawberry /.
r:: - Valley ~~
9 B 9"
LEGEND
- Project Site
I
Bang
r· - .
,J
I Racke<by
\
.,,,
/
)
I

OREGON HILLS
Oobbms
Oregon-House
Brown:. V.:itlay
,
~~' 49
I
-/
~1i.. "'
/:5, <"-
("
)
,.1'
,..,
I
'
( /"
(
,(
HORNBLE~DE 'fOUNTA/NS
}
CER
2246 Camino Ramon
San Ramon, CA 94583
(925) 362-3041

SLAIE ,HQLJNTAJNS
N
A
Figure 1: Vicinity Map
Wolf Creek Trail
0 2 4 8
Miles Page 165
Item # 12.

LEGEND
Spring Hill - Project Site
City Boundaries
Nev oCounti,
Count'} Ctut;, Trail Segment 6:

Centennial Dr to Sutton Way along
Idaho Maryland Rd
0/at r
,n
r Trail Segment 3:

Colfax Ave/Hwy 17 4 to
Bennett St along Hanson Way
~ lj,
Trail Segment 2:

Freeman Ln to south of
Neal St Safeway parking lot
2246 Camino Ramon
San Ramon, CA 94583
(925) 362-3041 0
17~
lttu Wolf Cr ek
Benner
'
Q}
Union Hill
I
Empu
M1
~a
H1 •~•i: P rk
un11s
\.~

0.13 N
A

0.25 Figure 2: Project Location Map
Wolf Creek Trail

0.5 Miles Page 166
Item # 12.

Project Objective
The community of Grass Valley is confined by the valley topography. Once one considers the historic narrow streets, the flow of Wolf Creek, foothill topography and the SR- 20/49 freeway alignment, it is easy to understand the challenges pedestrians and cyclists have with navigating through town conveniently and safely. The Wolf Creek trail looks to add the primary spine for pedestrians and cyclists to move through the valley using one of the nicest assets the valley has to offer: Wolf Creek.

Once in place, the community and visitors will have a convenient option for non-motorized travel through Grass Valley and along Wolf Creek. Today much of Wolf Creek is inaccessible and hidden. In the future, with the trail following the creek, Wolf Creek will become a much more prominent component for people that live and visit Grass Valley.

Additional benefits of the project include the increased use of multi-modal transportation methods stemming from trail use, which will serve to reduce vehicular traffic, Vehicle Miles Traveled, improve air quality, and reduce greenhouse gas emissions; recreational and associated health and well-being benefits from use of the trail; and additional focus on the restoration of degraded reaches of Wolf Creek.

Project sponsor's name and address
Surf to Snow Environmental Resource Management, Inc.
2246 Camino Ramon
San Ramon, CA 94583
Derek Hitchcock, Senior Environmental Project Manager
Phone: 925-718-6275/ Email: [email protected]

1.2 Project Description
The Wolf Creek Trail is envisioned as a multi-use trail that roughly follows the alignment of Wolf Creek through the City of Grass Valley from its southern limits to the northeast comer of the City (Figure 1). The trail will be separated from vehicular traffic to the greatest extent feasible and extend an existing 1.2-mile section that currently ends at Freeman Lane and Allison Ranch Road (Segment 1). The Wolf Creek Trail ("proposed project") is an approximately 2.3-mile trail that would complete Segments 2-6 lengthening the trail up to Sutton Way (Figure 2 & Figure 3A-3E: Proposed Project) and is located entirely within City and Caltrans right of way (ROW).

As the proposed project trail will be traversed by all forms of non-motorized transportation users, each section of the trail will provide full access for cyclists and pedestrians alike. As a Class I Bikeway, typically called multi-use or shared use path, both bikes and pedestrians use a completely separated right of way to travel in both directions with cross flow minimized. Other facilities like sidewalks or bike lanes can only be utilized by one type of user and typically only in one direction. The goal would be that all types of users be able to use the trail, including not only pedestrians and cyclists, but joggers, roller-bladers, parents with strollers, scooters and skateboards and of course the disabled.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 9

Item # 12.

Additional improvements throughout the proposed trail include trail signage, benches, interpretive signage, murals, and fencing along the edge of some property lines. Safety improvements and signage would be installed at crossings to conform to applicable local, Caltrans, and California Manual on Uniform Traffic Control Devices (California MUTCD) standards.

The entire 3.5-mile trail, including the existing Segment 1 is described below in 6 segments:

Segment 1 - to Freeman Ln and Allison Ranch Rd
The first segment was constructed in 2018-19 and ends at Freeman Lane and Allison Ranch Road. It is the furthest downstream section and runs along the east side of the creek through City easements and City properties. Segment 1 is not a part of this analysis.

Segment 2 - Freeman Ln to south of Neal St Safeway parking lot This segment extends the trail from the end of Segment 1 at Freeman Ln up to the south of Neal St. Safeway shopping center parking lot. The initial approximately 350-feet of Segment 2 along Mill St. includes installation of a new sidewalk and new curb and gutter, before turning east into a wooded area and toward Wolf Creek. The majority of Segment 2 is proposed along the east banks of Wolf Creek with significant portions within the Caltrans ROW. The proposed path would be 8-feet wide with l-ft shoulders in most locations, narrowing to a lesser width in constrained locations. The trail would be an asphalt paved trail installed over aggregate base, with paved shoulders. Grading would occur beyond the shoulders to conform the trail to existing grade up to a maximum slope of 2: 1 as dictated by geotechnical conditions. In the areas with significant slope, retaining walls will be installed as edge treatments.

Segment 3 - Colfax Ave/Hwy 174 to Bennett St along Hanson Way At this point a short segment of the eventual completed trail passes through the complex intersection of South Auburn St./Neal St/Hanson Way/Tinloy St. This intersection is being rebuilt by the City under a separate CEQA analysis and therefore is excluded from this analysis. The third segment of the proposed project starts at Colfax Ave/Hwy 174 at Hanson Way and continues adjacent to the east side of Hanson Way and ends at Bennett St. This segment is entirely on City streets. The proposed bike path is an 8-foot wide hot mix asphalt (HMA) Bike path with colored paving separated from parking along Hanson way by an approximately 5-foot wide median with vertical curb planted with trees or river rock. The pedestrian path would be an 8-foot-wide new sidewalk separated from the bike path by a mountable rolled curb and gutter.

Segment 4 - Bennett St to Railroad Ave and Idaho Maryland Rd This segment begins at Bennett Street and runs adjacent to the onramp to Highway 49 within Caltrans ROW in the hillside above the freeway before leaving the Caltrans ROW for Railroad Avenue where it remains a Class 1 bikeway within the City street ROW. Segment 4 ends at Idaho Maryland Rd. and Railroad Ave. The proposed trail between Bennett St. and Railroad Ave. would be 8 feet wide with I-foot shoulders for a total width of 10 feet in most locations. The trail would be an asphalt paved trail installed over aggregate base, with paved shoulders. Grading would occur beyond the shoulders to conform the trail to existing grade up to a maximum slope of 2: 1 as dictated by geotechnical conditions. In the areas with significant slope, a cut retaining wall will be installed on the east side (upslope side) of the trail as edge treatments. A small retaining City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 10

Item # 12.
wall will also be installed along portions of the west side of the trail primarily near the Bennett St. side of Segment 4. The proposed trail adjacent to the north side of Railroad Ave. extending to Idaho Maryland Rd. would be a IO-foot wide concrete shared bicycle and pedestrian path separated from Railroad Ave. by curb and gutter.

Segment 5 - Railroad Ave to Centennial Dr along Idaho Maryland Rd This segment runs adjacent to the south side ofldaho Maryland Rd. from Railroad Ave. to Centennial Ave. with the long-term goal of moving the trail to the south side of Wolf Creek and off Idaho Maryland Rd. as a Class 1 facility. The proposed trail would be a IO-foot wide concrete shared bicycle and pedestrian path separated from Idaho Maryland Rd. by curb and gutter. Minimal grading is needed beyond the back of path to conform to existing grades. This segment also requires removing and replacing traffic striping along Idaho Maryland Rd. that includes a 5-foot wide westbound bike lane along the north side of the roadway.

Segment 6- Centennial Dr to Sutton Way along Idaho Maryland Rd This segment continues adjacent to Idaho Maryland Rd, from Centennial Ave. up to the terminus of the Wolf Creek Trail at the northeast comer of the Sutton Way and Idaho Maryland Rd. A trailhead is proposed as part of the Loma Rica development at Sutton Way and Idaho Maryland Rd. and will connect to a planned trail system throughout the development. The pedestrian and eastbound bicycle portion of the proposed trail from Segment 5 adjacent to the south side of Idaho Maryland Rd. will continue with the IO-foot wide concrete shared bicycle and pedestrian path separated from Idaho Maryland Rd, by curb and gutter. The proposed trail in Segment 6 would also include removing and replacing the traffic striping to include a 5-foot-wide westbound bike lane adjacent to the north side of Idaho Maryland Rd.

City of Grass Valley-Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 11

Item # 12.

Feet
Segment 2 - Freeman Ln to south of Neal St Safeway parking lot D P1oposedProtecl :. :1 BiologicalStudyAlea
Ternpo1arylrnpacts

Item # 12.

Feet
Panel 3: Segment 3 - Colfax Ave/Hwy 174 to Bennett St along Hanson Way Panel 4: Segment 4 - Bennett St to Railroad Ave and Idaho Maryland Rd D PropoHdProj1ct :. :1 Bio1ogic1ISludyArea
Tempo1aiy Impacts

Item # 12.

Feet
Segment 4 - Bennett St to Railroad Ave and Idaho Maryland Rd D P1opoudP1olecl :. :1 BiologlcalStudyAlaa
Temporarylmpacl$

Item # 12.

Figure 30: Proposed Project
Wolf Creek Trail
Segment 5 - Railroad Ave to Centennial Dr along Idaho Maryland Rd LEGEND
0ProposedP1oject :.:IBiologicalStudyAlea
Temporary Impacts
0 25 so
--
100
I Feet

Item # 12.

Segment 6 - Centennial Dr to Sutton Way along Idaho fv1aryland Rd D PropondProject :, :• BiologiealStudyA11a
Temporary Impacts

Item # 12.

Construction of the proposed project would include approximately 7,060 cubic yards of excavation. Total fill would be approximately 3,050 cubic yards. Material brought on to the site would be tested in accordance with local and state requirements to ensure contaminated material is not brought on site. Material that is not removed immediately from the project area once excavated would be stockpiled and stabilized as outlined in MM-BIO-15 until it could be off-hauled (approximately 5,370 cubic yards).

Vegetation and tree removal would be required to construct the trail and would include the removal of native trees, landscape trees, and non-native trees. It is estimated that approximately 176 trees would be removed in the project area. The trail has been sited to minimize tree removal to the extent possible, in particular riparian species, while also preserving large and healthy trees that will enhance the trail experience. Considering the Project Area or Biological Study Area (BSA) includes 764 trees, it would allow 588 trees to be preserved.

Of the 176 trees proposed for removal, only 16 trees are "significant trees" as defined by Chapter 12.36 of the City Municipal Code Tree Preservation Ordinance as a tree having "a trunk of twenty-four caliper inches in diameter or larger diameter at breast height (DBH)" and 157 are native trees. Of the 157 native trees:
• 97 are incense cedar ranging in size from 6.5 to 27.8 diameter at breast height (DBH). • 49 are ponderosa pine ranging in size from 6.2 to 34.1 DBH. • 5 are native California black oak ranging in size from 7.7 to 12.8 DBH. • 3 are Fremont Cottonwood ranging in size from 21.0 to 31.3 DBH. • 1 Box Elder at 11.3 DBH, 1 Big-leaf Maple at 6.3 DBH, and 1 white alder at 6.0 DBH are also proposed for removal.
• Only 2 of the trees proposed for removal were in excellent condition, both ponderosa pines. • 78 trees proposed for removal occur within Segment 2 of the trail, 2 within Segment 3, and 96 within the forested section of Segment 4 of the trail between Bennett and Railroad Ave.

Mitigation for native trees to be removed would be accomplished in accordance with the City's Tree Preservation Ordinance (Chapter 12.36) and California Department of Fish and Wildlife (CDFW) requirements. Mitigation measures for tree removal will include replanting trees on or off site at a ration consistent with the City Municipal Code. Additional details on tree species and removals are provided in Appendix A, Tree Survey Report.

Underground utilities would remain in place. The small number of distribution utility poles potentially in conflict with the trail would be relocated in coordination with utilities companies (namely PG&E) prior to construction as necessary. Utility relocation would be completed prior to project construction. Other utility adjustments would include relocating fire hydrant in a few locations.

Access to the construction site would occur from SR-20/49 and adjacent roads. While final staging areas would be decided by the contractor, staging would primarily occur near the trail alignment on City or Caltrans owned property, or within City or Caltrans ROW. These areas would be used to store and stage materials and equipment at different times throughout project construction. Staging areas would typically consist of previously disturbed areas with bare, gravel, or paved surfaces.

Following completion of the trail construction, the City of Grass Valley would maintain all portions of the City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 17

Item # 12.
trail. A Maintenance Agreement, or other suitable means, would be established between the City of Grass Valley and Caltrans to ensure the maintenance of the portions of the trail within Cal trans' ROW by the City.

Trail operation and maintenance would require occasional sweeping, litter pick-up, and vegetation and tree trimming to maintain adequate vertical clearance for trail users.

General Plan Land Use and Zoning Designation
The Project Area is entirely within public ROW (City and Caltrans) and the purpose of the project is exclusive to public infrastructure. Public ROW is excluded from General Plan and Zoning designations when the purpose of the project is exclusive to public infrastructure.

The public right of way is typically a strip ofland 50 to 60 feet wide that contains the public street, sidewalks, and utilities. The edge of the right of way is also the property line for the abutting property. As per Municipal Code 12.48.0202 public "Right of Way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, storm drainage, water, sanitary sewer, sidewalk, bikeway or pedestrian walkway purposes. "Encroachments" to the public ROW means going over, upon or under, or using a right-of-way or watercourse in such a manner as to prevent, obstruct, or interfere with its normal use.

Construction of the Wolf Creek Trail will require an encroachment permit from Caltrans.

1.3 Regulatory Setting and Required Agency Approvals
The following City of Grass Valley, Responsible and/or Trustee Agency permits are required prior to construction of the Wolf Creek Trail project:
• City of Grass Valley Department of Public Works - Improvement Plan, Grading Plan, Flood Development Permit, Encroachment Permit and Tree Permit approvals. • City of Grass Valley Community Development Department - Site Plan and Building Plan Approvals and Conditions of Approval/Mitigation Measure compliance verification. • A Storm Water Pollution Prevention Plan (SWPPP) shall be approved by the Regional Water Quality Control Board in accordance with the Clean Water Act. • A Dust Mitigation Plan shall be approved by the Northern Sierra Air Quality Management District.
• Timber Harvest Permit Exemption (for less than 3-acre conversion) from the California Department of Forestry and Fire Protection.
• State Department of Fish and Wildlife - A Stream Alternation Agreement may be required for encroachment into the riparian corridor (as defined by vegetation type) of Wolf Creek. • State Department of Transportation (Caltrans) - Encroachment Permits and Maintenance Agreement for trail maintenance.
• City of Grass Valley Building Department - Building, Plumbing, Mechanical, and Electrical Permits in accordance with the California Codes.
• City of Grass Valley Fire Department - Site Plan, Improvement Plan and Building Plan Approvals.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 18

Item # 12.

1.4 Representative Photos
Photo 1: S2S biologist performing an ordinary high water mark (OHWM) survey of Segment 2 facing northeast and upstream on Wolf Creek. The proposed trail location is beyond the right edge of the image frame.

Photo 2: Representative photo of Segment 2 facing northeast and upstream on Wolf Creek. The proposed trail location is to the right side of frame mid-way uphill in image.

City of Grass Valley - Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 19

Item # 12.

Photo 3: Representative Photo of Segment 2 facing north and upstream on Wolf Creek. The proposed trail location runs along the center of the image.

Photo 4: Representative Photo of Segment 3 facing northeast. The proposed trail location is down the center of the image including portion of the right side of the existing road, right shoulder, and some of landscaped area.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 20

Item # 12.

Photo 5: Representative Photo of Segment 4 facing east. The proposed trail location is down the center of image.

Photo 6: Representative Photo of Segment 4 along Railroad Ave. facing northeast. The proposed trail runs down the center of the image along left side of the road, including road shoulder and graveled area. Wolf Creek in left of image.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 21

Item # 12.

Photo 7: Representative Photo of Segment 5 facing northeast along Idaho Maryland Rd. The proposed trail runs down the center of image along right side of road, including road shoulder. Wolf Creek on left of image.

Photo 8: Representative Photo of Segment 6 facing east along Idaho Maryland Rd. The proposed trail runs down the center of image along left side of road, including road shoulder and grassed area. Wolf Creek on left of image.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 22

Item # 12.

1.5 Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question.

A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to a project like the one involved ( e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards ( e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report (EIR) is required. 4) "Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5) "Less-Than-significant Impact:" Any impact that is expected to occur with implementation of the project, but to a less than significant level because it would not violate existing standards. 6) "No Impact:" The project would not have an impact to the environment. 7) Earlier analyses may be used where, pursuant to Tiering, Program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration. 8) Lead agencies are encouraged to incorporate into the checklist reference to information sources for potential impacts ( e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 23

Item # 12.

II. ENVIRONMENTAL FACTORS POTENTIALLY

AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
[g] Aesthetics □ Mineral Resources
[g] Agricultural and Forestry Resources [g] Noise
□
Air Quality □ Population/Housing
[g] Biological Resources □
Public Services
[g] Cultural Resources □
Recreation
□ Energy □
Transportation
[g] Geology/Soils [g] Tribal Cultural Resources
□ Greenhouse Gas Emissions □
Utilities/Service Systems
□ Hazards & Hazardous Materials □
Wildfire
[g] Hydrology/Water Quality □ Mandatory Findings of Significance □
Land Use/Planning
DETERMINATION:

On the basis of this initial evaluation ( check one):

D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
[g] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

D I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

City of Grass Valley- Wolf Creek Trail
Initial Study I Mitigated Negative Declaration 24

Item # 12.

D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures.

Lance . owe, AICP, Principal Planner
City of Grass Valley
April20,2023
j l \'o \ Zo2-3
City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 25

Item # 12.

III. EVALUATION OF ENVIRONMENTAL IMPACTS
Section 3.0, Evaluation of Environmental Impacts, discusses the project's potential for impacts to various resources. The discussion follows the format of Appendix G of the currently adopted CEQA Guidelines (The Office of Planning and Research (OPR) publishes the latest guidelines online:
http://opr.ca.gov/cega/updates/guidelines/), and identifies any potentially significant impacts that could result from project implementation. Mitigation measures are identified, where necessary, to reduce potentially significant impacts to less than significant levels. No significant and unavoidable impacts were identified.
111.1 Aesthetics

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on
a scenic vista? X
b) Substantially damage scenic
resources, including but not limited X
to trees, rock outcroppings, and
historic buildings within a state
scenic highway?
c) In non-urbanized areas, substantially
degrade the existing visual character X
or quality of public views of the site
and its surroundings? (Public views
are those that are experienced from
publicly accessible vantage point). If
the project is in an urbanized area,
would the project conflict with
applicable zoning and other
regulations governing scenic
quality?
City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 26

Item # 12.

ENVIRONMENTAL IMPACTS
Issues
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
d) Create a new source of substantial
light or glare which would adversely
affect day or nighttime views in the
area?
X

SETTING
The aesthetic value of an area is a measure of its visual character and quality, combined with the viewer response to the area (Federal Highway Administration, 1983). The visual quality component can best be described as the overall impression that an individual viewer retains from residing in, driving through, walking through, or flying over an area. Viewer response is a combination of viewer exposure and viewer sensitivity. Viewer exposure is a function of the number of viewers, the number of views seen, the distance of the viewers, and the viewing duration. Viewer sensitivity relates to the extent of the public's concern for a particular view shed (U.S. Bureau of Land Management, 1980).

The City of Grass Valley 2020 General Plan notes that the City does not contain any designed scenic highways or vistas, but generally acknowledges the City and its surroundings as having a wide range of landscapes, scenic vistas and visual resources.
a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the public's benefit.

Wolf Creek Trail construction would not substantially or permanently obstruct views of scenic vistas.

Construction activities that would have the potential to temporarily alter views would consist of operation of construction equipment that could temporarily interrupt views of surrounding scenic vistas.

Any obstruction to views of scenic vistas are expected to occur during construction and shall cease upon completion of the proposed project.

The majority of the Wolf Creek Trail would be a flat and flush with the ground surface. Vertical features associated with the project would be limited to signage and retaining walls. Retaining walls would be designed to have a consistent visual appearance with other retaining walls throughout the corridor. A majority of the retaining walls would not exceed a height of 4-feet, with a few locations requiring an up to 9-foot retaining wall. Where retaining walls are proposed, they would be used to conform the trail to existing grade and are not anticipated to obstruct views from sensitive viewpoints. Therefore, due to the limited vertical development and the harmonious design of the vertical features associated with the project, a less than significant impact would occur, and no mitigation is required.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 27

Item # 12.
b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no officially designated scenic highways within or near the project site (CA Dept Transportation, 2023). Considering scenic vistas or scenic highways are not within the project vicinity, the project will not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. No impact will occur. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant With Mitigation Incorporated. The proposed project contains non- urbanized areas. During the construction period, construction equipment storage, and earth- moving would temporarily alter the existing visual quality of the affected area for adjacent sensitive viewers (recreational users and residential neighbors). Temporary construction activities along the Wolf Creek Trail alignment could cause dust and material stockpiles that could create an untidy appearance, collectively degrading the visual quality of the site and surroundings.

Where temporary construction activities occur in residential and/or recreational areas, the activities could potentially temporarily degrade the existing visual quality. However, these potential temporary construction impacts would be reduced by storing construction material, stockpiled soil, and equipment in staging areas beyond direct view of residents and recreationists and in already disturbed shoulder areas, to the greatest extent practicable. Staging areas would be in areas where the removal of trees, native vegetation, or large non-native trees would not be required and in areas where the ability to impact trees and/or shrubs would not be present (e.g., within the dripline of trees or shrubs, especially native species).

Areas of temporary disturbance for the trail would be re-vegetated or stabilized with erosion control measures implemented in accordance with National Pollutant Discharge Elimination System (NPDES) and environmental permit requirements. Following these requirements would reduce temporary visual impacts.

The proposed project could adversely affect the visual character at some non-urbanized locations by vegetation removal along the SR-20/49 corridor. Vegetation clearing would occur at a limited number of locations to construct the trail and proposed improvements. This would primarily consist of tree removal and tree trimming. Areas of temporary disturbance would be revegetated in accordance with environmental permit conditions and Caltrans requirements. Where applicable, a seed mix appropriate for the climate and location would be used to revegetate disturbed areas.

Currently, it is estimated that 176 trees would be removed to build the trail. Considering the BSA includes 764 trees, this means it would allow 588 trees or 77% of the trees to be preserved. However, only 16 of the 176 trees proposed for removal are "significant trees" as defined by Chapter 12.36 of the City Municipal Code as a tree having "a trunk of twenty-four caliper inches in diameter or larger diameter at breast height (DBH)." These 16 "significant trees" would have the most impact on the visual character or quality of public views of the site and its City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 28

Item # 12.
surr oundings.

Of the 176 trees proposed for removal, 157 are native, including all 16 "significant trees." Native trees would be replanted within the project are a at a ratio consistent with local tree protection ordinances and California Department of Fish and Wildlife (CDFW) replanting requirements. Additional details on tree species and removals are provided in Appendix A, Tree Survey Report.

Implementation of mitigation measure Mitigation Measure (MM)-BIO-21 would require the replacement of protected trees consistent with local tree protection requirements for trees removed within local agency jurisdiction, applicable Caltrans requirements for trees removed within Caltrans ROW, and CDFW replanting requirements if any trees were to be removed within riparian areas under CDFW jurisdiction. With the maturation of replacement trees, impacts to the visual character from the loss of trees would be reduced to a less than significant level as mitigated.

Vertical features associated with the project would be limited to signage and retaining walls. Retaining walls would be designed to have a consistent visual appearance with other retaining walls throughout the corridor. A majority of the retaining walls would not exceed a height of 4-feet, with a few locations requiring an up to 9-foot retaining wall. Where retaining walls are proposed, they would be used to conform the trail to existing grade and are not anticipated to obstruct views from sensitive viewpoints.

When considering if an impact is significant in a rural environment, the visibility of the Wolf Creek Trail alignment depends on the visibility of the project components considering the area's landform (topography), land cover (vegetation and structures), and atmospheric conditions (dust, fog, precipitation). Most of the Wolf Creek Trail alignment would be at grade with few components extending above grade (retaining walls and signage). The Wolf Creek Trail alignment would not significantly contrast with the existing environmental setting because most of the alignment would be constructed directly adjacent to and parallel to the SR-20/49 corridor or constructed over existing gravel and paved roads. The trail has been sited to minimize tree removal. Vegetation and tree removals would be subject to replanting requirements, as previously discussed.

Through carefully selected staging areas and trail alignment location and minimal vertical features, and implementation of MM-BIO-21 the proposed project would not significantly impact visual quality to sensitive viewer groups along the trail alignment and impacts would be less than significant as mitigated. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant With Mitigation Incorporated. Existing sources of day and nighttime light within and around Grass Valley include those common to developed areas. Existing sources include motor vehicle lights along SR-20/49, streetlights, parking lot lighting, building lighting and commercial signage in the project vicinity.

Project construction would occur during daylight hours only and no impacts from nighttime construction lighting would occur. The installation of lights along the proposed trail alignment would only occur, if at all, along the forested portions of Segment 2 and Segment 4. The remainder and majority of the trail City of Grass Valley- Wolf Creek Trail
Initial Study I Mitigated Negative Declaration 29

Item # 12.
is on existing roads and would be lit with existing or modified street lighting. Any lighting added to the forested portions of Segment 2 and 4 would be Dark Sky compliant and would be strictly focused on the trail. In addition to nuisance lighting for neighbors, lighting along a riparian corridor can impact wildlife if not thoughtfully designed. If lighting is to be included on these segments, the project will consider all of these factors.

Through implementation of the City's Development Standards and Community Design Guidelines for lighting, including: 1) Lighting levels shall be limited to the minimum levels necessary to provide public safety.

Lighting fixtures should be thoughtfully placed to avoid light spillage and glare on adjacent properties. "Down shine" luminaire shall be utilized; 2) Lighting "spill over'' shall not exceed 0.5 foot candles at any point adjacent to residential premises, churches and other sensitive uses; and, 3) All outdoor light fixtures shall be Dark Sky compliance, strategically located, and shall be deflected downward to focus illumination only on the trail, and not adjacent properties, the proposed project would not create a new source of substantial light or glare which would significantly adversely affect day or nighttime views in the area alignment and impacts would be less than significant.

City of Grass Valley- Wolf Creek Trail
Initial Study/ Mitigated Negative Declaration 30