Grass Valley City Council
June 27, 2023

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, June 27, 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 27, 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
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.

1. Approval of the Regular Meeting Minutes of June16, 2023.

Recommendation: Council approve minutes as submitted.

2. 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

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

Recommendation: Drought Conditions proclamation declaring a Local State of Emergency

4. Identify the terms of reimbursement and other conditions for the fire department response away from their official duty station and assigned to an emergency incident as part of the California Fire Assistance Agreement (CFAA).

CEQA: Not a Project

City of Grass Valley, CA AGENDA June 27, 2023
Recommendation: That Council 1) adopt Resolution No. 2023-30, identifying the terms and conditions for the fire departments response away from their official duty station and assigned to emergency incidents as part of California Fire Assistance Agreement (CFAA).

5. Awarding a Five-year contract with Michael Baker International to assist with management and reporting services related to the City’s HOME and CDBG programs.

CEQA: Not a project.

Recommendation: That Council authorize the City Manager to sign the five-year contract with MBI pending legal review, for assistance in the management and reporting requirements of several existing grants, in an amount not to exceed $150,000 for the 5 year term of the contract.

6. SB 584 – Letter Opposing Unless Amended
CEQA: Not a Project.

Recommendation: That Council 1) approves the letter opposing SB 584; and 2) authorizes the Mayor to sign the letters opposing SB 584.

7. Extension and cost adjustment of the School Resource Officer services agreement between the City of Grass Valley and Nevada Joint Union High School District CEQA: Not a Project
Recommendation: Approve the new agreement to provide School Resource Officer services for Nevada Joint Union High School District at the Park Avenue Campus

8. Local Transportation Fund (LTF) Claim for Transit and Paratransit Operations CEQA: N/A – Not a Project
Recommendation: That Council adopt a resolution requesting that Nevada County Transportation Commission (NCTC) allocate $507,556 of the City’s FY 2023/24 estimated apportionment of LTF in support of transit and paratransit services.

9. Condon and Scotten Turf Replacement Project – Final Acceptance CEQA: Exempt – Section 15301 “Existing Facilities”
Recommendation: That Council: 1) accept the Condon and Scotten Turf Replacement Project as complete, 2) authorize final payment to the Contractor, and 3) authorize the City Engineer to file a Notice of Completion with the County Recorder.

10. Employment Agreement for Fire Investigation Services CEQA: Not a Project
Recommendation: That Council 1) Adopt resolution 2023-31 and 2) Approve the Public Employees' Retirement System (PERS) for hiring of an annuitant for, fire investigation and special enforcement services related to investigation, prevention, and enforcement pursuant to Government Code Section 21224(a). Agreement subject to legal review.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

City of Grass Valley, CA AGENDA June 27, 2023

PUBLIC HEARING

11. Sewer System Management Plan
CEQA: Not a Project
Recommendation: Council to adopt a revised SSMP

12. Water Shortage Contingency Plan
CEQA: Not a Project
Recommendation: Council to adopt a WSCP

13. Adopt ten Resolutions confirming diagram and assessment and levying assessment, and requesting the County Auditor-Controller to place assessment on tax roll for FY 2023- 24 Landscaping and Lighting Districts (LLD) and Benefit Assessment Districts (AD) CEQA: Not a Project.

Recommendation: After conducting the public hearing, adopt resolutions related to the Commercial (District No. 1988-1) Landscaping and Lighting Districts, as follows:1) Resolution No. 2023-32 Confirming Diagram and Assessment and Levying Assessment for FY 2023-24 Assessment District No. 1988-1. 2) Resolution No. 2023-33 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting District No. 1988-1. 3) Resolution No. 2023-34 Confirming Diagram and Assessment and Levying Assessment for FY 2023-24 Assessment District No. 1988-2. 4) Resolution No 2023-35 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting District No. 1988-2. 5) Resolution No 2023-36 Confirming Diagram and Assessment and Levying Assessment for FY 2023-24 Assessment District No. 2003-1. 6) Resolution No. 2023-37 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-Unit 7 Benefit Assessment District No. 2003-1. 7) Resolution No. 2023- 38 Confirming Diagram and Assessment and Levying Assessment for FY 2023-24 Assessment District No. 2010-1. 8) Resolution No. 2023-39 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-West Assessment District No 2010-1. 9) Resolution No. 2023-40 Confirming Diagram and Assessment and Levying Assessment for FY 2023-24 Assessment District No. 2016-1. 10) Resolution No. 2023-41 Requesting the County Auditor to Place Assessment on Tax Roll – Ridge Meadows Assessment District No 2016-1.

14. Development Impact Fees – Update of Development Impact Fees and Water & Wastewater Capacity Fees
CEQA: Not a Project
Recommendation: That Council hold a public hearing and adopt a resolution amending the City’s Development Impact Fees and the Water and Wastewater Capacity Fees.

ADMINISTRATIVE

BRIEF REPORTS BY COUNCIL MEMBERS

ADJOURN

City of Grass Valley, CA AGENDA June 27, 2023

POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, June 27, 2023 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, June 23, 2023.
________________________
Taylor Day, City Clerk

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

MINUTES

CALL TO ORDER
Meeting called to order at 7:02 pm.

PLEDGE OF ALLEGIANCE
Mayor Arbuckle led the Pledge of Allegiance.

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 agenda as submitted by Councilmember Ivy, Seconded by Vice Mayor Hodge.

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

REPORT OUT OF CLOSED SESSION
Closed door meeting was call to order at 6:30, all Councilmembers present. The Council voted 5-0 to authorize the filing of a code enforcement lawsuit. Details to be made public when the complaint is served on the property owner. Adjourned by consensus and without motion at 7:00.

INTRODUCTIONS AND PRESENTATIONS

1. Proclamation for June 2023 as Pride Month

2. Proclamation for June 2023 as Small Cities Month

Item # 1.

City of Grass Valley, CA MINUTES June 13, 2023

PUBLIC COMMENT -
Virtual public comments attached.

In person public comment: Thomas Stone, Sandra Byode, Robin Davis

CONSENT ITEMS -
Motion made to approve consent by Vice Mayor Hodge, Seconded by Councilmember Ivy.

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

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 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

Item # 1.

City of Grass Valley, CA MINUTES June 13, 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.

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.

Item # 1.

City of Grass Valley, CA MINUTES June 13, 2023
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.

Bjorn Jones, City Engineer, gave presentation to council.

Council had questions about following EIR & CEQA mitigation requirements, funding from our parks bond, and if tonight's actions are permanently setting the path of the trail.

Public Comment: Beth More, Ralph Silberstine, Denise Silbrststine, Shilar Barney Motion made to 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 by Councilmember Branstrom, Seconded by Vice Mayor Hodge.

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

ADMINISTRATIVE

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Caravelli attended ERC meeting, Skate Park Public meeting, GVDA meeting, and all of the Murals now have QR code plaques. Councilmember Ivy attended Pioneer Energy Meeting, Solid Hazardous Waste Meeting. Councilmember Branstrom will be on vacation on August 8th and not be in attendance for that council meeting. He attended a Nevada County Library event, Cal Cities speakers zoom meeting, Thursday Night Market, and went out and played pickle ball. Vice Mayor Hodge gave her congratulations to the class of 2023, attended the Thursday Night Market, and she will be missing the upcoming June 27th meeting. Mayor Arbuckle attended the Memorial Day celebration at Memorial Park, the Sierra College President Lunch In, the Thursday Night Market, the Lilly Purit Softball game, and the GVDA strategic planning meeting.

ADJOURN
Meeting adjourned at 7:55 pm.
________________________________ ______________________________ Jan Arbuckle, Mayor Taylor Day, City Clerk
Adopted on: ________________

Item # 1.
1 Taylor Day
From:

Sent: Monday, June 12, 2023 9:51 PM
To: Public Comments
Subject: Public comment
Public comment from political prisoner, Matthew Coulter, Inmate #B23000683 AI has long been used in Nevada county to cut corners. The DA's office, the hospital, as well as many other tax payer funded entities depend on it. The corruption inside said agencies is on the rise, and as been for sometime. Most citizens are not aware of just where their tax dollars go, or for what they are used.

The lack of involvement and chosen ignorance isn't a surprise due to the government shutting out the people who pay their salaries.

The sad reality is they don't want to know how the sausage is made and what's in it. Because they would surely vomit if they did. Trust has been deeply eroded between the people and their government from the supreme court to the city council who place themselves above the people and when questioned lash out with the full force of willing law enforcement and thugs who are on their payroll through no bid contracts that are grossly inflated.

Officials both drunk and drunk on power sit like kings and queens during the inquisition. Questions are are considered blasphemy and to be answered by burning quickly at the stake.

Who do you serve?
From the outside looking in the answer is obvious to many who care to look. Things that used to go before the voters are now conducted in backroom deals away from the light of transparency and once enacted are almost impossible to repel by design.

We live in a special place with special people or I wouldn't even comment or accept my punishment with grace for doing so.

I am just one of many political prisoners who through history that have demanded change of their government and paid the price for doing so. I feel I'm in good company. Freedom of speech is dead in America. We are told what to say and how to say it, or else.

I would like to comment on an agenda item but I am unable to from jail.

Written from Wayne Brown Correctional Facility
June 11th 2023

Item # 1.
2 Taylor Day
From: Arianna Lang
Sent: Saturday, June 3, 2023 6:49 PM
To: Public Comments
Subject: Follow up - Mill Street Permit Parking
Follow Up Flag: Follow up
Flag Status: Flagged
[You don't oŌen get email from . Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Hello,
I am following up on an email I sent about peƟƟoning to have the current public parking in front of residences on Mill Street changed to permit only parking. Due to the new parking lot being added on Mill Street I think this would be a good Ɵme to transiƟon to permit only parking for residents who have no driveways and rely on the parking directly in front of our home. Let me know if you have any quesƟons or updates.

Thank you,
Arianna Lang

Item # 1.

On May 19, 2023, I had an extremely unsettling experience on the Wolf Creek Trail. I have walked with my dog, Oliver (he became disabled last year and now walks with “wheels”} on the Trail pretty much since it opened. My experiences have been very positive, and I always felt safe. I have seen folks in the area who appear to be temporarily staying/living there, but they never bothered me except to ask for cigarettes. On the date noted above when I was walking and was getting near the GV wastewater treatment facility, I heard a male yelling, swearing, etc. Eventually I ended up passing him sitting on the side of a trail-he had all his bags and a grocery cart. Usually I see other walkers, but today no one was near. He immediately started asking for money, calling me swear words, etc. I kept moving but I couldn’t run since I had Oliver with his wheels on…I then called Grass Valley Police Department number and spoke with the dispatcher and told him about the individual and my concerns for his mental health. As I continued, he started following me, still agitated, and screaming. SO I called dispatch back as I was definitely feeling I could be harmed. The dispatcher stayed on the phone with me but said he was not familiar with Wolf Creek; plus, since we were moving, the situation was fluid. The dispatcher was having trouble telling the Grass Valley Police Officers where to go to find us. One other lady was walking towards me and saw him behind me so we kept moving away with him following and continually screaming; pushing his belongings in the shopping cart. As he came closer, we were pleading with the dispatcher to please get us help…. the dispatcher said “let him pass”. So we moved out of his way and he then sat on one of the benches…we then encountered a third Lady and we all kept moving; the man in question then got off the bench and started coming at us again. Throughout this ordeal we took turns trying to explain to the dispatcher our location (the one woman resides in the Wolf Creek Lodge and was quite specific regarding where we were on the trail). The dispatcher just kept asking us if we were behind Tripp’s Auto Body and we kept telling him over and over we had no idea as we couldn’t see through the trees.

Eventually the dispatcher patched us through to the GVPD Officer who were frantically looking for us. We were nearing the end of the trail at the “River

Item # 1.

Otter” Rd. trailhead. Two of the Officers met us there; the third was tracking down the threatening individual. The Officers said they were sent by dispatch to the Northstar Mining Museum trailhead and could not understand from dispatch where we were.

I am bringing my experience to you hoping it will improve safety in our community – below are my two points I wish to present:

1. Concern for locating folks on this mile long trail who could need medical or safety response. Officer John Herrera and Officer Evan Butler who met us on the trailhead brought up the concept of trail markers so location of walkers could be immediately determined. As a mountain biker I have regularly seen these types of markers often with instructions to note where one is located on the trails.

2. Concern regarding the communication breakdown between us and the dispatcher. I wish to note that I retired from Nevada County Children’s Services; as such I spent 20 years working daily with every law enforcement agency in Nevada County that involved at risk children.

At the time of my employment, dispatch went direct to the Sheriff’s office and GVPD. I have learned that now dispatch is one location and not jurisdiction based. I obviously do not know how this current system is working; however, for me it was terrifying to not be able to be located through an emergency system that had always put me in touch with Officers during threatening situations with no delays or miscommunications.

Sandra Boyd

Item # 1.

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: 6/27/2023 Date Prepared: 6/21/2023 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 # 2.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Emergency Proclamation (Drought Conditions) CEQA: Not a Project.

Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 6/27/2023 Date Prepared: 6/21/2023 Agenda: Consent
Background Information: On May 10, 2021, Governor Newsom modified a State of Emergency Proclamation that declared that a State of Emergency to exist in California due to severe drought conditions to include 41 counties, including Nevada County. The Proclamation directed state agencies to partner with local water suppliers to promote conservation through the Save Our Water campaign, a critical resource used by Californians during the 2012-2016 drought. Some municipalities have already adopted mandatory local water-saving requirements, and many more have called for voluntary water use reductions.

Nevada Irrigation District (NID) declared a drought emergency throughout the District’s service area on April 28, 2021, which includes portions of the City of Grass Valley, and requested that customers conserve 10 percent of their normal water usage. Both NID and Nevada City have now mandated at least 20% conservation requirements.

On June 22, 2021, City Council approved Resolutions No. 2021-41 declaring a local emergency due to drought conditions and No.2021-42 mandating water conservation.

All treated Water Customers are required to reduce water use by 20%.

Council Goals/Objectives: This resolution executes portions of work tasks towards achieving/maintaining Strategic Plan – Water and Wastewater Systems and Underground Infrastructure. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: The Fiscal Impact to the Water Fund should be minor, but if the drought continues for several years the impact could be more significant.

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

Item # 3.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Identify the terms of reimbursement and other conditions for the fire department response away from their official duty station and assigned to an emergency incident as part of the California Fire Assistance Agreement (CFAA).

CEQA: Not a Project
Recommendation: That Council 1) adopt Resolution No. 2023-30, identifying the terms and conditions for the fire departments response away from their official duty station and assigned to emergency incidents as part of California Fire Assistance Agreement (CFAA).

Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 06-27-2023 Date Prepared: 06-19-2023 Agenda: Consent
Background Information: The CFAA agreement is used for response to incidents within California which require large resource commitments. These deployments are most noticeable in the summer during wildland season when our fire engines and personnel are deployed throughout the State in support of other agencies. The CFAA is the negotiated reimbursement mechanism for local government fire agency responses through the California Fire Service and Rescue Emergency Mutual Aid System. The terms and conditions that outline the methods of reimbursement are recommended for developing business practices when responding under the Mutual Aid System. In compliance with the CFAA agencies must provide to Cal OES a MOU or resolution stating employees are reimbursed portal to portal, from incident dispatch to return of incident.

Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by:

Attachments: Resolution

Item # 4.

RESOLUTION NO. 2023-30

RESOLUTION OF THE CITY OF GRASS VALLEY IDENTIFYING THE TERMS AND

CONDITIONS FOR THE FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT.

WHEREAS, the City of Grass Valley Fire Department is a public agency located in the County of Nevada, State of California
WHEREAS, it is the City of Grass Valley Fire Department desire to provide fair and legal payment to all its employees for time worked; and
WHEREAS, the City of Grass Valley Fire Department has in its employee, fire department response personnel including: Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, Firefighter, and Fleet Supervisor (Mechanic) and
WHEREAS, the City of Grass Valley Fire Department will compensate its employees portal to portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response; and
WHEREAS, the City of Grass Valley Fire Department will compensate its employees overtime in accordance with their current Memorandum of Understanding while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Grass Valley, that:

1. Personnel shall be compensated according to the Memorandum of Understanding (MOU), Personnel Rules and Regulations, and/or other directives that identifies personnel compensation in the workplace

2. In the event a personnel classification does not have an assigned compensation rate, a “Base Rate” as set forth in an organizational policy, administrative directive or similar document will compensate such personnel.

3. The City of Grass Valley Fire Department will maintain a current salary survey or acknowledgement of acceptance of the “base rate” on file with the California Governor’s Office of Emergency Services, Fire Rescue Division

4. Personnel will be compensated (portal to portal) beginning at the time of dispatch to return of jurisdiction when equipment and personnel are in service and available for agency response.

5. Fire department response personnel include: Fire Chief, Battalion Chief, Fire Captain, Fire Engineer, and Firefighter and Fleet Supervisor (mechanic)

Item # 4.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on _________________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
_________________________________
Jan Arbuckle, Mayor
ATTEST: _________________________________
Taylor Day, City Clerk
APPROVED AS TO FORM: _________________________________
Michael Colantuono, City Attorney

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Awarding a Five-year contract with Michael Baker International to assist with management and reporting services related to the City’s HOME and CDBG programs.

CEQA: Not a project.

Recommendation: That Council authorize the City Manager to sign the five-year contract with MBI pending legal review, for assistance in the management and reporting requirements of several existing grants, in an amount not to exceed $150,000 for the 5 year term of the contract.

Prepared by: Taylor Day, City Clerk
Council Meeting Date: 6/27/2023 Date Prepared: 6/22/2023 Agenda: Consent
Background Information: On May 2, 2023, staff issued a Requests for Proposals (RFP) to provide contract staff services to assist the City with the management and reporting requirements of several existing grants. The services will be utilized to assist the Community Development Department with grant management and administrative services for the City’s HOME program (First Time Homebuyer) and its CDBG Housing Rehabilitation program, including the ongoing reporting requirements and other portfolio management requirements related to older HOME and CDBG housing loans.

Two firms submitted proposals and a review committee evaluated and ranked the proposals. Staff recommends entering into Professional Services Agreements with the top ranking firm, Michael Baker International. The standard professional service agreement will be utilized.

The contract term will be a five year agreement. The state’s Housing and Community Development Department (HCD) requires all agencies that contract for HOME and CDBG management services to go through a new procurement, or request for proposals (RFP), process every five (5) years. The City approximates an annual spending of approximately $30,000 a year. This amount would be assuming the city is issuing 1 to 2 loans a year and the annual monitoring amounts. Currently Housing and Community Development Department (HCD) has the grants allotted to the City frozen and has been for the past two years. Which has frozen the City’s ability to issue loans at the current time. The amount approximated for this contract will allow for annual rate increases due to cost of living increases. Costs associated with this service are paid with program income earned from CDBG and HOME loan programs.

Item # 5.

Staff recommends that Council authorize the City Manager to execute a contract with Michael Baker International, pending legal review, assistance in the management and reporting requirements of several existing grants, in an amount not to exceed $150,000 for the 5 year term of the contract.

Council Goals/Objectives: This item supports the City’s goals associated with providing efficient government services.

Fiscal Impact: Costs associated with this service are paid with program income earned from CDBG and HOME loan programs.

Funds Available: Yes Account #: 233-304 & 241-303
Reviewed by: __ City Manager
Attachments: Proposed Agreement

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PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Grass Valley / Michael Baker International)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Grass Valley, a California municipal corporation (“City”), and Michael Baker International, Inc, a Pennsylvania corporation (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Grant management, reporting, and administrative services related to the City’s First Time Homebuyer Program and Community Development Block Grat Program.

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

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

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

3. DEFINITIONS

3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s May 19, 2023 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Taylor Day, City Clerk. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones, which shall be accepted in writing by Consultant. City reserves the right to change this designation DRAFT

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upon written notice to Consultant.

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

3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is one hundred and fifty thousand dollars ($150,000).

3.5. “Commencement Date”: July 1, 2023.

3.6. “Termination Date”: June 30, 2028

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

5. CONSULTANT’S DUTIES

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

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

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

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

5.5. Professional Standards. Consultant shall perform all work to the standards used by DRAFT

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members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality (the “Standard of Care”). Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

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

5.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Taylor Day shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent, which shall not be unreasonably withheld.

5.8. Substitution of Personnel. Naming any persons in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City, which shall not be unreasonably withheld.

If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for convenience.

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

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

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

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

6. SUBCONTRACTING

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

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

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

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

7. COMPENSATION

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

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

All invoices shall be paid within thirty (30) days of receipt.

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

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

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

7.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant work that does not meet the Standard of Care.

7.7. RESERVED.

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

9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant exclusively in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City following receipt of final payment without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant Nothing herein shall be construed to grant ownership or any other rights to City of any of Consultant’s pre-existing and/or background Intellectual Property or of any information, data, or property that was in Consultant’s possession prior to the execution of this Agreement. Any reuse of Consultant’s work product without written verification or adaptation by Consultant will be at the City’s own risk and without DRAFT

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liability or legal exposure to Consultant. The City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle Consultant to further compensation at rates to be agreed upon by the City and Consultant.

10. RELATIONSHIP OF PARTIES

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

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

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

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

11. INDEMNIFICATION

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

11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify ity from and against third party claims, losses, costs or expenses for any DRAFT

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personal injury or property damage to the extent arising directly out of Consultant’s negligence, recklessness or willful misconduct, errors or omissions of Consultant.

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

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

11.5 RESERVED

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

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

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

12. INSURANCE

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

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

12.2. Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
x Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: First Time Home Buyer, CDBG, and Program Income Grants Consultant
x Documentation of Best’s rating acceptable to the City.

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x Original endorsements effecting coverage for all policies required by this Agreement.

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

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

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

12.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. If Consultant is an individual and has no employees, the Project Administrator may accept an affirmation of that fact in lieu of proof of workers compensation insurance.

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

12.7. Professional Liability Insurance or Errors & Omissions Coverage. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement DRAFT

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

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

Initials:

Name:

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

12.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees must be endorsed as additional insureds for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

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

12.11. Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; or (2) the limits of any of the required policies are reduced below the amounts required above. Consultant shall provide no less than 30 DRAFT

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days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks before expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Grass Valley, Attn: Taylor Day, 125 East Main Street, Grass Valley, CA 95945.

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

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

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

12.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts before execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement.

Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies.

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

13. MUTUAL COOPERATION

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

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

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

If to City
Taylor Day
City of Grass Valley 125
E Main Street
Grass Valley, CA 95945
Telephone: (530) 274-4716
Facsimile: (530) 274-4399
If to Consultant
[Name]
[Address]
[Address]
Telephone:

Facsimile:

With courtesy copy to:

Michael G. Colantuono, Esq.

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

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

16. TERMINATION

16.1. City Termination. City may terminate this Agreement without cause on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement and following receipt of final payment. In the event that Consultant materially defaults on any of its obligations under this Agreement, City shall provide written notice of such default and Consultant shall have no less than ten (10) business days following receipt of notice to cure such default. If Consultant fails to cure within the specified time period, City may terminate this Agreement for cause upon written notice to Consultant.

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

16.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work performed in accordance with the Standard of Care through the date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination following Consultant’s receipt of final payment.

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

17. INTERPRETATION OF AGREEMENT

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

17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral DRAFT

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or written agreements are binding upon the parties. Amendments hereto or deviations from this Agreement shall be effective and binding only if made in writing and executed by City and Consultant.

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

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

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

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

18. GENERAL PROVISIONS

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

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

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

292553.v1
during the term of his or her service to City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising from it.

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

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

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

18.6. RESERVED

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

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

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

18.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the DRAFT

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commencement of the exercise, or the forbearance from the exercise by either party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

18.11. RESERVED

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

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

LIMITATION OF LIABILITY. To the fullest extent permitted by law, the City agrees to limit Consultant’s liability to the City and to all other contractors or subcontractors on the project for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the project or this Agreement from any cause or causes including but not limited to Consultant’s negligent acts, errors, omissions, strict liability, breach of contract, or breach of warranty, such that the total aggregate of liability of Consultant to all those named shall not exceed $50,000 or the total fee for Consultant’s services rendered in the project, whichever is greater. To the extent that this limitation of liability conflicts with any other provision(s) of this Agreement or any Task Orders associated therewith, said provision(s) shall be considered amended to whatever extent required to make such provision(s) consistent with this provision.

ESTIMATES. Any estimates provided for cost of construction, financing, and acquisition of land and rights-of-way shall be made in accordance with good engineering practice and procedure. It is understood, however, that Consultant has no control over construction costs, competitive bidding and market conditions, nor over costs of financing, acquisition of land or rights-of-way, and Consultant does not guarantee the accuracy of such cost estimates as compared to actual cost or contractors’ bids.

WAIVER OF CONSEQUENTIAL DAMAGES. In no event shall either Consultant or the City have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages or any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

DRAFT

Item # 5.

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

292553.v1
“City”
City of Grass Valley
By:

Signature
Printed: Tim Kiser
Title: City Manager
Date:
“Consultant”
Michael Baker International, Inc.

By:

Signature
Printed: William Hoose
Title: Vice President
Date:

By:

Signature
Printed: Tanya Bilezikjian
Title: Assistant Secretary
Date:

Attest:

By:

Taylor Day, Deputy City Clerk
Date:

Approved as to form:

By:

Michael G. Colantuono, City Attorney
Date:

DRAFT

Item # 5.

Request for Proposals –
Contract Staff Services
to Assist with the
Management and
Reporting Requirements
of Several Existing
Grants
May 19, 2023
Image credit: https://innotechtoday.com/ontario-ca-first-connected-city/ Submitted by:

Michael Baker International
3760 Kilroy Airport Way, Suite 270
Long Beach, CA 90806
Phone: (562) 202-0893
Fax: (562) 200-7166
DRAFT

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Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: SB 584 – Letter Opposing Unless Amended
CEQA: Not a Project.

Recommendation: That Council 1) approves the letter opposing SB 584; and 2) authorizes the Mayor to sign the letters opposing SB 584.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: June 27, 2023 Date Prepared: June 21, 2023 Agenda: Consent
Background Information: There is a new proposed bill in California, known as SB 584, that seeks to implement a 15% tax on short-term rental occupancy across the state. The money generated from this tax would be used to create grants for the development of "laborforce housing". However, this tax could negatively impact cities that rely on tourism and hospitality as their primary source of income, as a transient occupancy tax is already in place, with an average rate of 10%. Implementing an additional 15% tax could be a financial burden for these providers and harm local revenue streams. In our opinion, SB 584's approach to providing affordable housing is flawed and could have unintended consequences.

Staff is recommending City Council approve the letters opposing SB 584 and authorize the Mayor to sign the letters.

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

Fiscal Impact: If SB 584 is passed and not amended, the City might see a reduction in short-term rental TOT funds.

Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager
Attachments: Draft Letters opposing SB 584

Item # 6.

CITY OF GRASS VALLEY

ADMINISTRATION
125 East Main Street
Grass Valley, CA 95945
(530)274-4310
6/27/2023
The Honorable Jacqui Irwin
Chair, Assembly Revenue, and Taxation Committee
1020 N Street, Room 167A
Sacramento, CA 95814
RE: SB 584 (Limón) Laborforce housing: Short-Term Rental Tax Law.

Notice of OPPOSE UNLESS AMENDED
Dear Assembly Member Irwin,
The City of Grass Valley regretfully must oppose unless amended measure SB 584, which would impose a 15% tax on the occupancy of short-term rentals.

Proceeds of the tax would be used to provide grants for the creation of “labor force housing.”
SB 584’s intent is laudable, and we appreciate the author’s desire to provide cities with funding for housing development. But, the ends do not always justify the means. We support efforts to reduce the cost of developing affordable housing and expand affordable housing statewide. However, this measure takes a flawed approach by creating a statewide 15% tax on the occupancy of shortterm rentals, paid for by the renter of the property. Currently, more than 400 cities and 55 counties impose a local Transient Occupancy Tax (TOT), with the most common rate being 10%. Current TOT rates have taken a long time to reach their current levels and are often increased incrementally over many years.

For many cities, tourism, and hospitality are essential economic drivers, resulting in cities relying on their local TOT as a primary source of General Fund revenue.

In fact, in some instances, TOT can represent over two-thirds of General Fund revenues, funding fire, police, and other essential services. Imposing a 15% statewide tax on top of existing local rates averaging 10% would cripple this critical local revenue source for these communities by making the cumulative TOT a fiscal burden for tourists who would like to visit the community and invest in the local economy.

Council Members
Jan Arbuckle, Mayor
Hilary Hodge, Vice Mayor
Bob Branstrom
Haven Caravelli
Tom Ivy

Item # 6.

This cost burden would effectively put crippling downward pressure on communities throughout the state, making it unlikely cities will be able to raise their local TOTs in the future to keep up with inflation to appropriately fund the services that their residents need.

The City is deeply worried about how SB 584 could affect TOT revenues. While the need for workforce housing is acknowledged, there are no assurances that the collected funds will be reinvested into the local community. As a result, the City is struggling to secure funding for this essential housing. If SB 584 were modified to require that the funds are returned to their source for creating affordable workforce housing, the City's stance on this proposed bill might change.

Rather than directly saddling Californians and tourists with an additional tax and restricting the local government’s ability to meet the needs of their residents, we recommend levying a tax or fee on the activity identified in the bill as contributing to the housing crisis, the "commercial use of residential homes and apartments for transient occupancies." The person/entity engaged in that activity is the home/apartment owner, not the transient lodger.

For these reasons, the City of Grass Valley respectfully opposes unless amended SB 584.

Sincerely,
Jan Arbuckle
Mayor
City of Grass Valley
Cc:

Your Senator and Assembly Member
Your Cal Cities Regional Public Affairs Manager (via email) League of California Cities, (via email: [email protected])

Item # 6.

CITY OF GRASS VALLEY

ADMINISTRATION
125 East Main Street
Grass Valley, CA 95945
(530)274-4310
6/27/2023
The Honorable Buffy Wicks
Chair, Assembly Housing, and Community Development Committee 1020 N Street, Room 156
Sacramento, CA 95814
RE: SB 584 (Limón) Laborforce housing: Short-Term Rental Tax Law.

Notice of OPPOSE UNLESS AMENDED
Dear Assembly Member Irwin,
The City of Grass Valley regretfully must oppose unless amended measure SB 584, which would impose a 15% tax on the occupancy of short-term rentals.

Proceeds of the tax would be used to provide grants for the creation of “labor force housing.”
SB 584’s intent is laudable, and we appreciate the author’s desire to provide cities with funding for housing development. But, the ends do not always justify the means. We support efforts to reduce the cost of developing affordable housing and expand affordable housing statewide. However, this measure takes a flawed approach by creating a statewide 15% tax on the occupancy of shortterm rentals, paid for by the renter of the property. Currently, more than 400 cities and 55 counties impose a local Transient Occupancy Tax (TOT), with the most common rate being 10%. Current TOT rates have taken a long time to reach their current levels and are often increased incrementally over many years.

For many cities, tourism, and hospitality are essential economic drivers, resulting in cities relying on their local TOT as a primary source of General Fund revenue.

In fact, in some instances, TOT can represent over two-thirds of General Fund revenues, funding fire, police, and other essential services. Imposing a 15% statewide tax on top of existing local rates averaging 10% would cripple this critical local revenue source for these communities by making the cumulative TOT a fiscal burden for tourists who would like to visit the community and invest in the local economy.

Council Members
Jan Arbuckle, Mayor
Hilary Hodge, Vice Mayor
Bob Branstrom
Haven Caravelli
Tom Ivy

Item # 6.

This cost burden would effectively put crippling downward pressure on communities throughout the state, making it unlikely cities will be able to raise their local TOTs in the future to keep up with inflation to appropriately fund the services that their residents need.

The City is deeply worried about how SB 584 could affect TOT revenues. While the need for workforce housing is acknowledged, there are no assurances that the collected funds will be reinvested into the local community. As a result, the City is struggling to secure funding for this essential housing. If SB 584 were modified to require that the funds are returned to their source for creating affordable workforce housing, the City's stance on this proposed bill might change.

Rather than directly saddling Californians and tourists with an additional tax and restricting the local government’s ability to meet the needs of their residents, we recommend levying a tax or fee on the activity identified in the bill as contributing to the housing crisis, the "commercial use of residential homes and apartments for transient occupancies." The person/entity engaged in that activity is the home/apartment owner, not the transient lodger.

For these reasons, the City of Grass Valley respectfully opposes unless amended SB 584.

Sincerely,
Jan Arbuckle
Mayor
City of Grass Valley
Cc:

Your Senator and Assembly Member
Your Cal Cities Regional Public Affairs Manager (via email) League of California Cities, (via email: [email protected])

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Extension and cost adjustment of the School Resource Officer services agreement between the City of Grass Valley and Nevada Joint Union High School District
CEQA: Not a Project
Recommendation: Approve the new agreement to provide School Resource Officer services for Nevada Joint Union High School District at the Park Avenue Campus Prepared by: Steve Johnson, Deputy Chief of Police
Council Meeting Date: June 27, 2023 Date Prepared: June 22, 2023 Agenda: Consent
Background Information: With the approval of City Council, the City of Grass Valley and Nevada Joint Union High School District (NJUHSD) entered into an agreement on July 11, 2017, to provide School Resource Officer services for NJUHSD, specifically at the High School campus located on Park Avenue in Grass Valley. The agreement was set to expire on June 30, 2018, but was extended by mutual written consent for a fiveyear extension which will expire June 30, 2023.

This School Resource Officer position has proven to be an effective community policing asset and the SRO presence on campus provides an additional layer of campus security and enhances police-student relationships. Both the NJUHSD and the Grass Valley Police Department recognize the value of the School Resource Officer and wish to see the agreement continue.

This new agreement has been negotiated between NJUHSD and the Grass Valley Police Department. It contains a price adjustment for SRO services which takes into account increased police officer staffing costs. All other provisions of the agreement remain the unchanged.

Council Goals/Objectives: Strategic Goal #1 – Exceptional Public Safety Fiscal Impact: The annual fiscal impact of $60,000 will offset approximately 50% of the fully burdened costs of a senior level Police Officer. The agreement requires that the School Resource Officer serve 50% of their annual hours on the Park Avenue campus performing School Resource Officer duties.

Item # 7.

Funds Available: Yes -budgeted Account #: N/A
Reviewed by:

Attachments: Proposed Agreement

Item # 7.

Item # 7.

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Item # 7.

Item # 7.

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Transportation Fund (LTF) Claim for Transit and Paratransit Operations CEQA: N/A – Not a Project
Recommendation: That Council adopt a resolution requesting that Nevada County Transportation Commission (NCTC) allocate $507,556 of the City’s FY 2023/24 estimated apportionment of LTF in support of transit and paratransit services.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 6/27/2023 Date Prepared: 6/22/2023 Agenda: Consent
Background Information: Grass Valley is eligible for an estimated Local Transportation Fund (LTF) apportionment of $507,556, based upon NCTC's Revised Findings of Apportionment adopted on May 17, 2023, which shows an estimated City population of 13,488. These funds are managed by the NCTC and are committed to first support the needs of transit and paratransit activities per a Joint Powers Agreement with Nevada City and Nevada County. The Nevada County Board of Supervisors held its FY 2023/24 final budget hearings on June 20, 2023 and approved the budget, including the Transit Services Commission (TSC) FY 2023/24 budget.

The Nevada County Transit Services Division (TSD), in the attached letter from TSD Manager, Robin Van Valkenburgh, has requested that the City submit a claim to NCTC to allocate the City's entire FY 2023/24 estimated apportionment of LTF to support transit and paratransit services. Attached is a resolution that would fulfill that request.

Also attached is the NCTC Resolution 23-07 regarding “Revised Findings of Apportionments FY 2023/24”
Council Goals/Objectives: Approval of the LTF Claim for Transit and Paratransit Operations executes portions of work tasks towards achieving/maintaining Strategic Goal - City Infrastructure Investment.

Fiscal Impact: 100% of Local Transportation Funds apportioned to the City by NCTC will be allocated directly to Nevada County TSD, resulting in no net impact to the City’s budget.

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

Item # 8.

RESOLUTION NO: 2023-42

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

REQUESTING THE NEVADA COUNTY TRANSPORTATION COMMISSION (NCTC) ALLOCATE $507,556 OF THE CITY’S FY 2023/24 ESTIMATED APPORTIONMENT OF

LOCAL TRANSPORTATION FUNDS (LTF)
WHEREAS, the City of Grass Valley has entered into a Joint Exercise of Powers Agreement with the City of Nevada City and the County of Nevada for the purpose of establishing and funding a Public Transportation Program; and
WHEREAS, Transportation Development Act Funds are apportioned annually for the City of Grass Valley and are available to support the Program; and WHEREAS, the Nevada County Transportation Commission (NCTC) adopted Resolution #23-07 showing that the City of Grass Valley has an estimated apportionment of Local Transportation Funds in Fiscal Year 2023/24 of $507,556; and WHEREAS, Grass Valley shares proportionately in the cost for such program under the terms of the Joint Powers Agreement; and
WHEREAS, on June 20, 2023, the Nevada County Board of Supervisors adopted the Fiscal Year 2023/24 budget. including the Transit Services Commission FY 2023/24 budget;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY; that the City requests NCTC allocate $507,556 of Grass Valley’s Fiscal Year 2023/24 estimated apportionment of LTF for transit and paratransit services and the Grass Valley LTF funds available for allocation per NCTC Financial Report.

ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 27
th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:
___________________________________
Jan Arbuckle, Mayor

APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________________ Michael G. Colantuono, City Attorney Taylor Day, City Clerk

Item # 8.
101 Providence Mine Road, Suite 102, Nevada City, California 95959  (530) 265-3202  Fax (530) 265-3260 E-mail: [email protected]  Web Site: www.nctc.ca.gov
File: 720.1, 1400.0

MEMORANDUM
TO: Nevada County Transportation Commission
FROM: Michael Woodman, Executive Director
SUBJECT: Revised Findings of Apportionment for FY 2023/24, Resolution 23-07 DATE: May 17, 2023
RECOMMENDATION: Approve Resolution 23-07 adopting the Revised Findings of Apportionment for FY 2023/24.

BACKGROUND: Prior to March 1 of each year, Nevada County Transportation Commission (NCTC), pursuant to California Code of Regulations Section 6644, transmits Findings of Apportionment for all prospective claimants.

The apportionments are determined from the Auditor-Controller's estimate of Local Transportation Funding (LTF) for the ensuing fiscal year, less those funds made available for Transportation Development Act administration, planning projects, pedestrian/bicycle projects, and community transit service projects. The remaining funds are apportioned by each jurisdiction’s percentage of the total population.

On March 20, 2023, NCTC approved Resolution 23-04 adopting the FY 2023/24 Preliminary Findings of Apportionment based on the California Department of Finance Population Estimates 2022 E-1 Report. On May 1, 2023, NCTC obtained the 2023 E-1 Report with updated population figures. In accordance with Section 6655.5 of the California Code of Regulations, the attached Resolution 23-07, Revised Findings of Apportionment for FY 2023/24, has been prepared to update the apportionments with the latest population data. The apportionment adjustments are as follows:

COMPARISON OF POPULATION ESTIMATES AND APPORTIONMENTS
Department of Finance E-1 Report May 1, 2022 and May 1, 2023 Apportionments Jurisdiction 1/1/2022
Population
1/1/2023
Population
Population
Change
Resolution
23-04
3/20/23
Preliminary
Findings
Resolution
23-07
5/17/23
Revised
Findings
Difference
Nevada County 67,191 67,214 23 $2,515,373 $2,529,275 $13,902 Grass Valley 13,617 13,488 -129 $509,768 $507,556 -$2,212 Nevada City 3,334 3,342 8 $124,812 $125,760 $948
Truckee 17,100 16,676 -424 $640,158 $627,521 -$12,637
Total 101,242 100,720 -522 $3,790,111 $3,790,111
Totals may not equal sum of amounts in column due to rounding.

MICHAEL WOODMAN, Executive Director
AARON HOYT, Deputy Executive Director
DANIELA FERNANDEZ – Nevada City City Council
SUSAN HOEK – Nevada County Board of Supervisors
TOM IVY – Grass Valley City Council, Vice Chair
ED SCOFIELD – Nevada County Board of Supervisors, Chair JAY STRAUSS – Member-At-Large
DUANE STRAWSER – Member-At-Large
JAN ZABRISKIE – Town of Truckee
Grass Valley • Nevada City Nevada County • Truckee

Item # 8.

Item # 8.

Item # 8.

STATE’S POPULATION DECLINE SLOWS WHILE HOUSING GROWS

PER NEW STATE DEMOGRAPHIC REPORT
FOR IMMEDIATE RELEASE: CONTACT: Walter Schwarm
May 1, 2023 (916) 323-4086
H.D. Palmer
(916) 323-0648
SACRAMENTO— Stable births, fewer deaths, and a rebound in foreign immigration slowed California’s recent population decline in 2022, with the state’s population estimated at 38,940,231 people as of January 1, 2023, according to new data released today by the California Department of Finance.

Over the same period, statewide housing growth increased to 0.85 percent – its highest level since 2008. California added 123,350 housing units on net, including 20,683 accessory dwelling units (ADUs), to bring total housing in the state to 14,707,698 units. New construction represents 116,683 housing units with 63,423 single family housing units, 51,787 multi-family housing units, and 1,473 mobile homes.

The 0.35-percent population decline for 2022, roughly 138,400 persons, marks a slowdown compared to the recent decline during the COVID-19 Pandemic. Between 2021 and 2022, California’s population decreased 0.53 percent or 207,800 persons, due mainly to sharp declines in natural increase and foreign immigration.

For 2022, natural increase – the net amount of births minus deaths -- increased from 87,400 in 2021 to 106,900 in 2022. Births decreased slightly from 420,800 in 2021 to 418,800 in 2022, while deaths declined gradually from 333,300 persons in 2021 to 311,900 persons in 2022, respectively.

Foreign immigration nearly tripled in 2022 compared to the prior year, with a net gain of 90,300 persons in 2022 compared to 31,300 in 2021. While foreign immigration to California has nearly returned to pre-pandemic levels, natural increase has not rebounded. Total births remain low due to fertility declines; while deaths have eased gradually from their pandemic peak, they remain elevated.

With slower domestic in-migration and increased domestic out-migration likely the result of workfrom-home changes, declines in net domestic migration offset the population gains from natural increase and international migration.

The report contains preliminary year-over-year January 2023 and revised January 2021 and January 2022 population data for California cities, counties, and the state. These estimates are based on information through January 1, 2023. Significant changes over the year include:
• Population growth slowed but remained positive in the interior counties of the Central Valley and the Inland Empire, while most counties saw declines, including every coastal county except San Benito (0.2 percent).
• Only two counties had growth above a half of a percent: Madera (0.6 percent) and Yuba (0.6 percent), due to housing gains. The next largest in percentage growth were San Joaquin (0.4 percent), Merced (0.4 percent), and Imperial (0.4 percent) counties.

Item # 8.

• Forty-six of the state’s fifty-eight counties lost population. The ten largest percentage decreases were: Lassen (-4.3 percent), Del Norte (-1.3 percent), Plumas (-1.2 percent), Santa Cruz (-1.0 percent), Marin (-1.0 percent), Tehama (-1.0 percent), Napa (-1.0 percent), Lake (-0.9 percent), Monterey (-0.8 percent), and Los Angeles (-0.8 percent). • The state’s three most populous counties all experienced population loss: Los Angeles declined by 73,293 persons (-0.75 percent), San Diego by 5,680 persons (-0.2 percent), and Orange by 14,782 persons (-0.5 percent).
• The top five cities where housing production drove population growth include: Paradise (24.1 percent) in Butte County, Lathrop (11.1 percent) in San Joaquin County, Duarte (6.6 percent) in Los Angeles County, Wheatland (4.6 percent) in Yuba County, and Shafter (4.3 percent) in Kern County.

County housing highlights include:
• Yuba had the highest housing growth (2.3 percent) of all counties, followed by: Placer, Butte, Madera, San Joaquin, Yolo, Alameda, San Benito, Merced, and Imperial. • Twelve counties gained housing at or above 1.0 percent. • One county lost housing: Mariposa due to a wildfire in 2022. • Ranked by net housing gains, Los Angeles (19,556), San Diego (7,034), Oakland (4,005), San Francisco (2,823), and Unincorporated Riverside County (2,106) added the most housing units in 2022.
• Larger densely populated urban areas built most of the multi-family housing throughout the state. Los Angeles led the state gaining 12,074 multi-family units, comprising 61.7 percent of their net housing growth, followed by San Diego (4,568 for 64.9 percent), Oakland (3,880 for

96.9 percent), and San Francisco (2,573 for 91.1 percent). • Conversely, single family housing is more likely to be built further inland in typically more suburban cities. Cities with a high proportion of single family growth include: Roseville (100 percent single family), Santa Clarita (100 percent single family), Fresno (91.7 percent single family), and Irvine (71 percent single family).

Also of note in the report:
• 356 cities lost population, while 125 gained population and one had no change. • Of the ten largest cities in California, only three gained population: Sacramento had the largest percentage gain in population (0.2 percent, or 1,203) followed by Bakersfield (0.2 percent, or 882) and Fresno (0.1 percent, or 599).
• Accessory dwelling unit production increased by 60.6 percent, with the state adding 20,638 ADUs in 2022.
• Group quarters represent 2.4 percent (926,000) of the total state population. This population includes those living in college dormitories (269,000) and in correctional facilities (168,000). In 2022, California’s group quarters population increased by 11,000 people or 1.2 percent. The college dormitory population grew by 16,000 (6.2 percent). Correctional facilities declined in population in 2022 by 4,200 people (-2.5 percent) across federal, state and local facilities. As college dormitory populations continue to return to a postPage 70 Item # 8.

pandemic normal, several jurisdictions saw significant gains in population due to this population. The City of Arcata in Humboldt County grew by 4.1 percent due to a 45.1 percent increase at Cal Poly Humboldt. The City of Marina in Monterey County grew by 2.5 percent due to a 12.6 percent increase at California State University at Monterey Bay.

State prisons are generally located in remote areas; as a result, increases or decreases can account for significant changes in their respective area populations. For example, prison declines led to population decreases in Susanville (-9.5 percent) in Lassen County, Calipatria (-5.6 percent) in Imperial County, and Crescent City (-4.4 percent) in Del Norte County.

Background Information:

These population estimates are produced annually by Finance for use by local areas to calculate their annual appropriations limit. The State Controller’s Office uses Finance's estimates to update their population figures for distribution of state subventions to cities and counties, and to comply with various state codes. Additionally, estimates are used for research and planning purposes by federal, state, and local agencies, the academic community, and the private sector.

Changes to the housing stock are used in the preparation of the annual city population estimates. Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new construction, demolitions, housing unit conversions, and annexations. The sub-county population estimates are then adjusted to be consistent with independently produced county estimates.

Comparing Census Bureau’s recently released July 1, 2022 estimates with Finance’s January 1, 2023 estimates should generally be avoided since they refer to different points in time. In addition, there are numerous differences between the two series including the effects of the wildfires, changes in migration patterns, accelerating slowdown in births, and excess deaths due to the COVID-19 Pandemic that make comparisons difficult.

All Finance population and housing estimates are benchmarked to a decennial census. The estimates in this report are benchmarked to the 2020 decennial census.

Related population reports are available on the Department’s website:
http://www.dof.ca.gov/Forecasting/Demographics/
# # #

Item # 8.

E-1: City/County/State Population Estimates with Annual Percent Change January 1, 2022 and 2023
Total Population Percent Total Population Percent
JURISDICTION 1/1/22 1/1/23 Change JURISDICTION 1/1/22 1/1/23 Change Napa 135,941 134,637 -1.0 Placer 409,441 410,305 0.2
American Canyon 21,631 21,338 -1.4 Auburn 13,596 13,365 -1.7 Calistoga 5,162 5,127 -0.7 Colfax 2,038 2,016 -1.1
Napa 77,533 76,821 -0.9 Lincoln 51,199 52,313 2.2
St Helena 5,380 5,355 -0.5 Loomis 6,715 6,607 -1.6
Yountville 2,819 2,778 -1.5 Rocklin 71,655 71,179 -0.7
Balance of County 23,416 23,218 -0.8 Roseville 151,450 152,928 1.0 Balance of County 112,788 111,897 -0.8
Nevada 100,973 100,720 -0.3
Grass Valley 13,474 13,488 0.1 Plumas 19,232 18,996 -1.2 Nevada City 3,256 3,342 2.6 Portola 2,129 2,094 -1.6
Truckee 16,693 16,676 -0.1 Balance of County 17,103 16,902 -1.2 Balance of County 67,550 67,214 -0.5
Riverside 2,430,976 2,439,234 0.3
Orange 3,151,946 3,137,164 -0.5 Banning 30,856 31,250 1.3 Aliso Viejo 51,016 50,766 -0.5 Beaumont 54,349 56,590 4.1 Anaheim 335,946 328,580 -2.2 Blythe 17,417 17,265 -0.9
Brea 46,947 48,184 2.6 Calimesa 10,950 10,962 0.1
Buena Park 83,359 83,517 0.2 Canyon Lake 11,003 10,949 -0.5 Costa Mesa 111,649 111,183 -0.4 Cathedral City 51,621 51,433 -0.4 Cypress 49,877 49,818 -0.1 Coachella 41,935 42,462 1.3
Dana Point 33,009 33,155 0.4 Corona 157,139 157,005 -0.1 Fountain Valley 56,976 56,987 0.0 Desert Hot Springs 32,389 32,608 0.7 Fullerton 143,013 142,873 -0.1 Eastvale 69,978 69,514 -0.7 Garden Grove 171,195 171,183 0.0 Hemet 89,170 89,918 0.8 Huntington Beach 196,469 195,714 -0.4 Indian Wells 4,785 4,774 -0.2 Irvine 305,688 303,051 -0.9 Indio 89,789 90,837 1.2
Laguna Beach 22,506 22,445 -0.3 Jurupa Valley 105,154 104,983 -0.2 Laguna Hills 30,667 30,525 -0.5 Lake Elsinore 71,989 71,973 0.0 Laguna Niguel 65,010 64,702 -0.5 La Quinta 37,562 37,979 1.1 Laguna Woods 17,536 17,450 -0.5 Menifee 107,411 110,034 2.4 La Habra 62,037 61,835 -0.3 Moreno Valley 208,302 208,289 0.0 Lake Forest 86,614 87,127 0.6 Murrieta 110,592 109,998 -0.5 La Palma 15,402 15,332 -0.5 Norco 25,035 25,037 0.0
Los Alamitos 11,894 12,129 2.0 Palm Desert 50,626 50,615 0.0 Mission Viejo 92,118 91,846 -0.3 Palm Springs 44,165 44,092 -0.2 Newport Beach 83,653 83,411 -0.3 Perris 78,474 78,948 0.6 Orange 138,155 139,063 0.7 Rancho Mirage 16,854 17,012 0.9 Placentia 51,327 52,507 2.3 Riverside 314,818 313,676 -0.4 Rancho Santa
Margarita
San Clemente
San Juan
Capistrano
47,300
63,431
34,869
47,066
63,237
35,089
-0.5
-0.3

0.6 San Jacinto
Temecula
Wildomar
Balance of County
54,303
109,468
36,438
398,404
54,103
108,899
36,336
401,693
-0.4
-0.5
-0.3

0.8 Santa Ana 304,258 299,630 -1.5
Seal Beach 24,871 24,647 -0.9 Sacramento 1,573,366 1,572,453 -0.1 Stanton 38,986 39,084 0.3 Citrus Heights 86,152 85,837 -0.4 Tustin 79,696 79,558 -0.2 Elk Grove 176,621 177,005 0.2 Villa Park 5,791 5,790 0.0 Folsom 84,438 85,498 1.3
Westminster 90,660 90,498 -0.2 Galt 25,185 25,557 1.5
Yorba Linda 67,284 67,068 -0.3 Isleton 766 759 -0.9
Balance of County 132,737 132,114 -0.5 Rancho Cordova 80,156 81,117 1.2 Page 72 Item # 8.

ANNUAL TRANSPORTATION/TRANSIT CLAIM FORM
Fiscal Year 2023/24
TO: NEVADA COUNTY TRANSPORTATION COMMISSION
FROM: The City of Grass Valley
Agency requesting funds
CONTACT: Bjorn Jones, City Engineer
Person authorized to submit claim
PHONE: (530) 274-4353
The City of Grass Valley hereby requests, in accordance with the Transportation Development Act, and applicable rules and regulations, that this transportation/transit claim be approved in the total amount of $507,556 of LTF funds. The total amount of this claim shall be utilized for completion of the project(s) listed below:

Project Authorized by TDA Total Project Amount Requested Title/Description Section Cost LTF
Transit/Paratransit
Operations 99400 (c) $8,864,129 $507,556
The City of Grass Valley requests that the funds be distributed as they become available.

Resolution 2023-XX approving the budget for the project(s) or approving this claim was adopted by the Grass Valley City Council on June 27, 2023.

Approval of this claim and payment to the County of Nevada is subject to such monies being available, and to the provisions that such monies will be used in accordance with the terms contained in the approving resolution of the NEVADA COUNTY TRANSPORTATION COMMISSION.

SIGNED:

Person authorized to submit claim
TITLE: Bjorn Jones, City Engineer
DATE:

NCTC Policies and Procedures Manual (July 2019) 40

Item # 8.

COUNTY OF NEVADA

COMMUNITY DEVELOPMENT AGENCY
Public Works Department
Transit Services Division
950 MAIDU AVENUE, SUITE 170, NEVADA CITY, CA 95959-8617 Phone: (530) 477-0103 Toll free: (888) 660-7433 Fax: (530) 477-7847 Email: [email protected]
Visit us at: www.NevadaCountyConnects.com or
www.nevadacountynow.us
Heba El-Guindy
Director of Public Works
Robin VanValkenburgh
Transit Services Manager
June 7, 2023
Mr. Tim Kiser, City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
SUBJECT: Fiscal Year 2023-24 Local Transportation Fund Claim Dear Mr. Kiser,
The Nevada County Board of Supervisors will hold its Fiscal Year 2023-24 budget public hearings and approval in June and these will include the Fiscal Year 2023-24 Transit Services Division Budget. Nevada County is processing a claim with the Nevada County Transportation Commission (NCTC) for Local Transportation Funds (LTF), pursuant to the Transportation Development Act. In accordance with the Joint Powers Agreement for Transit Services in Western Nevada County, we are requesting that the City of Grass Valley prepare and submit a claim to NCTC for LTF funds to support Nevada County Connects and Nevada County Now contracted paratransit operations during Fiscal Year 2023-24.

NCTC has adopted revised findings of apportionment at their May 17, 2023, meeting indicating that the City of Grass Valley's apportionment for Fiscal Year 2023-24 LTF funds is $507,556. A copy of the revised NCTC findings of apportionment is attached. Since the Transit Services’ Division budget is predicated on the use of 100 percent of the available LTF funds from all three local jurisdictions, we are respectfully asking that Grass Valley prepare its claim in the amount of $507,556. As with last year’s claim, the LTF funding may be shown in a lump sum entitled “transit/paratransit operations” (P.U.C.

Sec. 99400(c).

We are hoping to have the claims approved at the July 19, 2023, NCTC meeting, and I would greatly appreciate your placing this claim item on a City Council agenda at your earliest convenience in June 2023, for resolution approval.

Thank you for your continued support of Transit Services in western Nevada County. It is greatly appreciated. Should you have any questions, please contact me at 470-2833.

Sincerely,
Robin Van Valkenburgh
Transit Services Division Manager
Cc: Trisha Tillotson, Director of Community Development Agency Heba El-Guindy, Director of Public Works
Mike Woodman, Executive Director, NCTC

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Condon and Scotten Turf Replacement Project – Final Acceptance CEQA: Exempt – Section 15301 “Existing Facilities”
Recommendation: That Council: 1) accept the Condon and Scotten Turf Replacement Project as complete, 2) authorize final payment to the Contractor, 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: 06/27/2023 Date Prepared: 06/22/2023 Agenda: Consent
Background Information: On May 9, 2022, Council authorized the award of a contract for the Condon and Scotten Turf Replacement Project to Goodland Landscaping Construction, Inc. in the amount of $1,557,228. The project involved replacement of the multi-use field at Scotten School and the Major baseball field at Condon Park with state of the art artificial turf systems. At Scotten School, other improvements include a dedicated access road and parking lot, concrete sidewalk and curbing, fencing and a new prefabricated restroom.

A total of eight contract change orders were authorized for the project. All the work has now been completed by the contractor with a final project cost of $1,718,734.84.

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 Condon and Scotten Turf Replacement Project as complete and authorize final payment to the contractor.

Council Goals/Objectives: The Condon and Scotten Turf Replacement Project executes portions of work tasks towards achieving/maintaining Strategic Plan -Recreation & Parks.

Fiscal Impact: The project was fully funded with a portion of the Park Project Lease Financing Funds.

Funds Available: Yes Account #: 300-406-64140
Reviewed by: _____ City Manager

Item # 9.

C:\Users\MeetingsOfficeUser5\AppData\Local\Temp\tmp32E8.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 9, 2023.

6. The work of improvement completed is described as follows: Sports Field Turf Replacement.

7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Goodland Landscaping Construction, Inc.

8. The street address of said property is: 10821 Squirrel Creek Road, Grass Valley, CA 95945 and 660 Minnie St, Grass Valley, CA 95945.

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: Artificial Turf Installation. _____City of Grass Valley___________
Owner
by: ________________________________
Bjorn P. Jones, City Engineer
“I certify under penalty of perjury that the foregoing is true and correct.” _________________________________________ __________________________________ (Date and Place) (Signature)

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Employment Agreement for Fire Investigation Services CEQA: Not a Project
Recommendation: That Council 1) Adopt resolution 2023-31 and 2) Approve the Public Employees' Retirement System (PERS) for hiring of an annuitant for, fire investigation and special enforcement services related to investigation, prevention, and enforcement pursuant to Government Code Section 21224(a). Agreement subject to legal review.

Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 06-27-2023 Date Prepared: 06-19-2023 Agenda: Consent
Background Information: Deputy Fire Marshal Jeff Wagner (ret) retired from the Grass Valley Fire Department December 29th, 2015. Deputy Fire Marshal Wagner (ret) possess the requisite specialized skills and methodological techniques of fire investigation.

Additional duties may include fire prevention, code enforcement, special enforcement duties, and vegetation management oversight
Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: Funding has been programmed into the Fiscal Year 23.24 Budget Funds Available: Yes Account #: General Fund
Reviewed by: Tim Kiser, City Manager
Attachments: Resolution

Item # 10.
158159.1
Resolution 2023-31

RESOLUTION OF THE CITY OF GRASS VALLEY REQUESTING

APPROVAL OF PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)

FOR HIRING OF ANNUITANT FOR TEMPORARY TRAINING AND FIRE

INVESTIGATION SERVICES PURSUANT TO GOVERNMENT CODE
SECTION 21224(a)
WHEREAS, the City of Grass Valley is in need of ongoing fire investigation services, due to the retirement of personnel who performed these services and the lack of training for performance of these specialized services in existing personnel; and WHEREAS, the City of Grass Valley has promoted a new Deputy Fire Marshal Investigator in training, who will, over time, be trained to perform fire investigation services; and
WHEREAS, training and mentoring of the newly promoted personnel to provide these specialized services is anticipated to take several months and in the meanwhile, the need for extra help to perform these specialized services remains; and WHEREAS, the City has identified a prior employee—former Deputy Fire Marshall Jeff Wagner--who possesses the specialized skills needed to provide fire fighter training and mentoring for existing personnel and perform fire investigation services, which is a function of firefighter and suppression services; and WHEREAS, former Deputy Fire Marshall Jeff Wagner is a Public Employees Retirement System (PERS) annuitant, who retired from City of Grass Valley service on December 29, 2015 and is willing to accept temporary employment with the City of Grass Valley to provide the extra help needed within the parameters of Government Code Section 21224(a), as reflected in the attached Exhibit A Employment Agreement; and
WHEREAS, Government Code Section 7522.56(f)(4) provides an exception from the 180-day "wait" period following the date of retirement for hiring a PERS annuitant to perform the function of a firefighter; and
WHEREAS, the City seeks approval from PERS that the hiring of former Deputy Fire Marshall Jeff Wagner to provide extra help to perform specialized services including training and mentoring of the newly promoted Deputy Fire Marshall and fire investigation services for a limited duration, not to exceed 960 hours within a fiscal year and for an hourly rate consistent with the parameters of Government Code Section 21224(a) shall not trigger reinstatement for this PERS annuitant.

Item # 10.
158159.1
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Grass Valley requests that PERS approve employment of PERS annuitant, former Deputy Fire Marshall Jeff Wagner, to perform specialized training and mentoring of a newly appointed Deputy Fire Marshall/Fire Investigator and fire investigation services for a limited duration, which shall not exceed 960 hours per fiscal year as necessary until existing full time staff has been trained or otherwise recruited to provide these services as set forth in the Employment Agreement attached as Exhibit A.

The City Clerk shall certify to the passage and adopt of this Resolution and enter it in the book of original Resolutions.

PASSED AND ADOPTED by the following vote on ________, 2023 AYES:

NOES:

ABSENT:

ABSTAIN:

Jan Arbuckle. Mayor
ATTEST:

Taylor Day, City Clerk
APPROVED AS TO FORM:

Michael G. Colantuono, City Attorney

Item # 10.
158149.1

CITY OF GRASS VALLEY

EMPLOYMENT AGREEMENT WITH JEFF WAGNER

TO PERFORM SPECIALIZED AND

TEMPORARY PUBLIC SAFETY SERVICES AS

DEPUTY FIRE MARSHAL/FIRE INVESTIGATOR
This agreement is entered into July 01, 2023 by and between the CITY OF GRASS VALLEY, a municipal corporation, hereafter referred to as the “City” and Jeff Wagner, hereafter referred to as “Employee”.

WHEREAS, the City is in need of fire investigation services, which are specialized skills and a function of firefighting and fire suppression and which are normally provided by City employees; and
WHEREAS, the City employs a Deputy Fire Marshal/Fire Investigator who requires training and mentoring to develop the specialized skills necessary for the position; and
WHEREAS, the City is in need of a limited duration employee to provide training and mentoring for the Deputy Fire Marshal/Fire Investigator as well as to provide such services while the Deputy Fire Marshal/Fire Investigator develops those specialized skills; and
WHEREAS, Jeff Wagner was previously employed by the City of Grass Valley as its Deputy Fire Marshal before his retirement on December 29, 2015, and possesses the requisite specialized skills needed by the City and is available to provide mentoring and training for the City’s existing Deputy Fire Marshal/Fire Investigator employee as well as to provide actual fire investigation and fire safety inspection services, which are a function of fire suppression services, on a temporary basis; and
WHEREAS, Jeff Wagner as a Public Employees Retirement System (“PERS”) annuitant, is limited in his ability to accept public employment pursuant to Government Code sections 21224(a) and may not work more than 960 hours within a fiscal year; and WHEREAS, Jeff Wagner is able to provide temporary assistance to the City of Grass Valley under the terms of this Agreement and within the constraints of Government Code section 21224(a) as a PERS retired annuitant and City desires to hire Jeff Wagner on these terms to provide specialized services of a limited duration.

NOW THEREFORE, in consideration of the above stated desires and the mutual covenants, terms and conditions, herein contained, the parties hereto mutually and freely agree as follows:

Item # 10.
158149.1
SECTION 1 – EMPLOYMENT CONDITIONS AND DUTIES
a. Employee is appointed by and shall serve at the pleasure of the Fire Chief and City Manager as a Deputy Fire Marshal/Fire Investigator. Employee has performed his due diligence to confirm with PERS that he may accept temporary appointment as a PERS annuitant.
b. The Employee shall be responsible for duties as described in the Deputy Fire Marshal/Fire Investigator job description of the City of Grass Valley as well as providing mentoring and training to other City employees who will be required to perform fire investigation services for the City, including the Deputy Fire Marshal/Fire Investigator.

SECTION 2 – EMPLOYMENT TERM
a. The City agrees to employ Employee and Employee agrees to be employed and remain in the employment of the City for a term beginning July 1, 2023 and ending not later than June 30th, 2024 or 960 hours worked, whichever comes first. This is an at-will position and Employee has no property interest in his position. b. Nothing in this agreement shall prevent, limit, or otherwise interfere with the rights of the Employee to serve other entities or engage in similar activities which do not interfere with, or are incompatible or in conflict with the Employee's performance of the duties required under this agreement. The determination of incompatibility will be made by the Fire Chief or City Manager and shall be final.
c. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the rights of the City to terminate the services of the Employee at any time during such employment terms or any renewal thereof subject to the provisions as set forth in this agreement.
d. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right to resign at any time from this position with the City, subject to the provisions as set forth in this agreement.

SECTION 3 – EMPLOYEE RESIGNATION OR DEATH
In the event the Employee terminates this Employment Agreement by voluntary resignation, in writing, or due to his death before expiration of the employment terms or any renewal(s) thereof Employee shall not be entitled to any severance pay but shall be entitled payment in full for hours performed. In the event the Employee voluntarily resigns this position before normal expiration date of the employment terms or any renewal he shall give the City at least 10 days advanced written notice unless the parties agree otherwise. The Employee, should he resign, or his beneficiaries or those entitled to his estate, should he die while employed under this

Item # 10.
158149.1
Agreement , shall be paid for any earned salary to which he or his beneficiaries or estate are entitled as of the final day on city payroll.

SECTION 4 – EMPLOYMENT TERMINATION
The Fire Chief or City Manager may terminate or remove the Employee with or without cause. Employee waives any rights to an administrative hearing prior to termination pursuant to Government Code section 3254 (Firefighter’s Bill of Rights Act), the City’s Civil Service Rules and Regulations, and any other procedural rights related to termination.

SECTION 5 – WORK HOURS
The Fire Chief and Employee shall coordinate the work schedule based upon needs of the City.

SECTION 6 – SALARY
The City shall pay the Employee for all services rendered and worked pursuant to this agreement at $29.93 per hour, which represents the annual salary of the Deputy Fire Marshal/Fire Inspector classification divided by 173.333, as required by Government Code Section 21224(a). Employee's salary will be paid on a bi-weekly basis in conformance with the City's established pay periods and pay days. The Employee shall not receive benefits, incentives or compensation in lieu of benefits, sick leave, holiday, vacation pay or any other form of compensation in addition to the hourly rate during his employment underthis employment agreement.

SECTION 7 – INDEMNIFICATION
If the employee is named as a party in litigation relating to Employee's actions or inactions as a City employee, the City shall defend Employee and pay any judgment which may be entered against Employee, consistent with the terms of applicable law including Government Code 810 et seq., and provided adequate findings can be made under Government Code Section 825(b).

SECTION 8 – ENTIRE AGREEMENT AND AMENDMENTS
a. This agreement supersedes any and all other agreements between the parties hereto with respect to the employment of the Employee by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducement, promise, or agreements have been made by any party or anyone acting on behalf of any party orally or otherwise which are not embodied herein.
b. No other agreement, statement or promise not contained in this Agreement

Item # 10.
158149.1
shall be valid or binding or shall be used in interpreting the meaning of this Agreement.
c. Amendments, modifications or changes may be made to this Agreement and shall become effective on the date contained therein when executed in writing and mutually signed by both parties to this Agreement.
d. This Agreement and any amendments, modifications or changes thereto shall be binding upon the City during its term.
e. This Agreement and any amendments, modifications or changes thereto shall be binding upon the Employee and inure to the benefit of the heirs at law and executors of the Employee.

SECTION 9 – SEVERABILITY
If any provision or any portion hereof is held to be unconstitutional invalid or unenforceable, the remainder to this Agreement or portion thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. “EMPLOYEE"
Jeff Wagner
“CITY”
Tim Kiser, City Manager
APPROVED AS TO FORM:

Michael Colantuono, City Attorney
ATTEST:

Taylor Day, Deputy City Clerk

Item # 10.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Sewer System Management Plan
CEQA: Not a Project
Recommendation: Council to adopt a revised SSMP
Prepared by: Trever Van Noort, Utilities Director
Council Meeting Date: 6/27/2023 Date Prepared: 6/21/2023 Agenda: Consent
Background Information: The SSMP covers information regarding the management of the City’s sewer system. This information includes procedures and protocols for daily operation and maintenance, as well as emergency response. The State Water Resources Control Board requires the City to maintain an updated SSMP which complies with all current regulations.

Council Goals/Objectives: This action promotes the goals of Public Safety and Water and Wastewater Systems and Underground Infrastructure.

Fiscal Impact: None
Funds Available: N/A Account #: N/A
Reviewed by: __ Tim Kiser, City Manager
Attachments: Grass Valley SSMP Update 2022-12-06

Item # 11.

DECEMBER 2022

CITY OF GRASS VALLEY
Sewer System Management Plan
PREPARED BY:

PREPARED FOR :

Item # 11.

TABLE OF CONTENTS
Section Page
INTRODUCTION................................................................................................................................. 1 SEWER SYSTEM MANAGEMENT PLAN GOALS.................................................................................. 1 PUBLIC WORKS DEPARTMENT ORGANZIATIONAL STRUCTURE ....................................................... 1 LEGAL AUTHORITY ............................................................................................................................ 2 OPERATIONS AND MAINTENANCE PROGRAM ................................................................................. 2 Sewer Collection System Mapping................................................................................................ 2 Operations and Maintenance Activities........................................................................................ 2 Rehabilitation and Replacement Plan........................................................................................... 4 Training.......................................................................................................................................... 4 Equipment and Replacement Parts............................................................................................... 4 DESIGN AND CONSTRUCTION STANDARDS...................................................................................... 4 OVERFLOW EMERGENCY RESPONSE PLAN....................................................................................... 5 Goals 5
Notification Process ...................................................................................................................... 5 Public Observation .................................................................................................................... 5 Receipt of Lift Station and/or Treatment Plant Alarm.............................................................. 6 Staff Observations..................................................................................................................... 6 Safety 6
SSO Response Procedures............................................................................................................. 7 Dispatch and Initial Assessment of the Situation...................................................................... 7 Restore Flow.............................................................................................................................. 8 Initiate Spill Containment Measures......................................................................................... 8 Clean-up..................................................................................................................................... 9 Follow-up Activities.................................................................................................................10 Water Quality Sampling and Analysis .....................................................................................10

Item # 11.

CITY OF GRASS VALLEY December 2022 | ii

SANITARY SEWER SYSTEM MANAGEMENT PLAN
Public Notification ...................................................................................................................11 Estimated Volume of Spilled Sewage......................................................................................12 Internal SSO Reporting Procedures.........................................................................................12 External SSO Reporting Procedures........................................................................................13 SSO Documentation and Recordkeeping Requirements.........................................................15 Post-SSO Event Debriefing and Training .................................................................................21 FATS, OILS, AND GREASE (FOG) PROGRAM....................................................................................22 SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN..............................................................22 MONITORING, MEASURING, AND PLAN MODIFICATION...............................................................23 SSMP AUDITS ..................................................................................................................................23 COMMUNICATION PROGRAM........................................................................................................23

Item # 11.

CITY OF GRASS VALLEY December 2022 | 1

SANITARY SEWER SYSTEM MANAGEMENT PLAN

INTRODUCTION
The City of Grass Valley (City) owns and operates a sewer collection system that collects wastewater from a total service population of approximately 12,800. The system is comprised of 1,385 manholes and approximately 98,300 feet of sewer collection system pipelines of varying sizes dependent upon the area dynamics of location and number of customers served. The system also has eight (8) lift stations that are maintained by utility operations personnel.

Organizationally, the Utilities Division and its labor allocation is part of the Department of Public Works and under the direction of the Utilities Superintendent or designee.

The City has dedicated funds for both short- and long-term repair and replacement of critical mechanical and non-mechanical infrastructure elements of the sewer collection system contained both in annual operating budgets and within the City's Capital Improvement Plan (CIP). Two funding sources (user rates and impact fees) are reviewed annually during the budget process to ensure that program priorities are consistent with the needs of operating an effective utility.

SEWER SYSTEM MANAGEMENT PLAN GOALS
The goals of the City’s Sanitary Sewer System Management Plan (SSMP) are:
• To efficiently and effectively manage, operate, and maintain all parts of the City's sewer collection system
• To provide adequate capacity to convey peak wastewater flows. Adequate capacity, for the purposes of this SSMP, is defined as the capacity to convey peak wastewater flows per the City Improvement Standards
• To prevent and reduce the frequency of sanitary sewer overflows (SSOs) • To mitigate the impacts that are associated with any SSO that may occur • To meet all applicable regulatory requirements
• To provide and make available comprehensive staff training on the proper operations and maintenance of the sewer collection system, its infrastructure and equipment The following are changes and projects to prevent the spills and/or improve SSO responses (three year plan):
• Implement Nexgen software for sewer collection system work order tracking and asset management
• Purchase easement machine to improve efficiency and reach areas with limited access • Mount a Ring-O-Matic vacuum unit on a truck to provide better response to SSOs.

PUBLIC WORKS DEPARTMENT ORGANZIATIONAL STRUCTURE
This section of the SSMP identifies City staff responsible for implementing this SSMP, responding to SSO events, and meeting the SSO reporting requirements.

Item # 11.

CITY OF GRASS VALLEY December 2022 | 2

SANITARY SEWER SYSTEM MANAGEMENT PLAN
The City's authorized representative (Legally Responsible Official [LRO]) in all sewer system matters is the City Manager or his designee. The Utilities Director and the City Engineer have designated authority to submit verbal, electronic, and written reports on behalf of the City to the Central Valley Regional Water Quality Control Board (Central Valley Water Board), State Water Resources Control Board (State Water Board), Nevada County Department of Environmental Health, California, Department of Fish and Game (CDFG), Nevada Irrigation District (NID), and California Emergency Management Agency (CAL-EMA). The Utilities Director and City Engineer are currently enrolled to certify electronic SSO reports submitted to the State Water Board via its electronic reporting system, California Integrated Water Quality System (CIWQS). All management personnel mentioned in this section are authorized to submit CIWQS reports. Ultimately, the Utilities Director is responsible for developing, implementing, and maintaining all elements of the SSMP. Emergency contact information for all personnel, including management staff is readily available to all department staff and on-call personnel.

A copy of the organizational structure is included in Appendix A. Further details on the chain of communication for reporting SSOs is provided in the section, Overflow Emergency Response Plan.

LEGAL AUTHORITY
The City of Grass Valley Municipal Code, Title 13, is the legal authority for regulating the sewer collection system. The City's Building Standards Code is also part of the Municipal Code, Title 13.

The Municipal Code can be easily accessed at www.cityofgrassvalley.com in a searchable format.

Additionally, the City has authority for designing, constructing, installing, testing, and inspecting all public improvements. The Design Standards and Construction Standards and Standard Details, collectively referred to as "Improvement Standards" were revised most recently in May 2016. The Improvement Standards apply to, regulate, and guide the design and construction of all public improvements, and set guidelines for certain private improvements within the City.

The Improvement Standards are posted on the City's website at www.cityofgrassvalley.com.

OPERATIONS AND MAINTENANCE PROGRAM

SEWER COLLECTION SYSTEM MAPPING
The City’s Engineering Division maintains sewer collection system maps in AutoCAD and record drawings. Sewer collection system maps are available electronically to all field crews, which can submit map change work orders to the Engineering Division if they discover a discrepancy or need to add/remove an element of infrastructure onto the mapping system. The Engineering Division confirms the changes and incorporates the updates into the system through a thirdparty contractor. The goal is to complete critical revisions within three (3) months and minor revisions annually.

OPERATIONS AND MAINTENANCE ACTIVITIES
Preventative maintenance is a key component in the proper operation of the sewer collection system. The City schedules approximately 30 percent of the sewer collection system for cleaning annually. Maintenance equipment includes a truck-mounted hydraulic sewer cleaner and closed

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circuit television (CCTV) inspection equipment. Increased maintenance priorities are given to those areas that have demonstrated an ability to potentially experience operational difficulties.

The City schedules regular maintenance of certain sewer lines with a higher potential for blockages (e.g., locations with a reduced slope, a history of fats, oils, and grease [FOG] or root problems, customer complaints, odor issues) on a more frequent basis. There are currently 19 segments cleaned on a quarterly basis with another 5 segments being cleaned annually, for a total of approximately 1.5 miles of pipe on an increased cleaning frequency. Other areas are added to the list as needed — based on field observations, SSO frequency, etc. Once a particular system segment isidentified as a "Hot Spot", a reoccurring work order is developed, and field crews are assigned to perform required maintenance on an increased frequency.

The City continually learns from deficiency events such as SSOs in order to redefine and possibly expand existing maintenance and frequency of service programs. At team meetings, staff regularly discusses "field findings" such as identification of problem areas requiring repair before potential failures, continued maintenance concerns, and development of future individual CIP program elements. Staff add known or suspected problem areas (e.g., frequent SSOs/stoppages, root intrusion, high flows during storm events) to a tracking spreadsheet. Crews also identify manholes that have high flow during off hours that may indicate inflow and infiltration (I&I).

The City is in the process of converting its entire maintenance system to new work order and mapping software (Nexgen). In the interim, maintenance activities are tracked through a combination of the old work order and new work order systems. All maintenance activities are documented in the new software. Once Nexgen is operational, each asset (e.g., manhole to manhole gravity sewer segments, manholes, lift stations, force mains) will be assigned a unique identifier and all data associated with that asset (e.g., service calls, SSOs, repairs, condition assessment, flows) will be recorded with the assets unique identifier. The City will be able to analyze the performance and cost of each asset over time, which, in turn, will become the basis for maintenance and capital improvement decisions. The City estimates that complete implementation for sewer collection system into Nexgen will occur by 2023.

The City has a goal of conducting CCTV inspections for five miles per year, plus all the segments with a reoccurring work order or where an SSO has recently been observed. All CCTV inspections are conducted to Pipeline Assessment Certification Program (PACP) standards. The City also has a push cable camera system capable of inspecting segments of smaller pipe.

Mechanical elements of the system such as lift stations are checked for operational effectiveness at least two times per week; maintenance records for lift stations are kept at each site and in the Nexgen work order system. Generators at these sites are also tested on a weekly basis. The City is in the process of making improvements at the lift stations to ensure their continued operational reliability:
• Complete rebuild of the Slate Creek lift station by 2024, including wet well, controls, and new Flyght pumps
• Pending future development of the Berriman Ranch housing project, add a new lift station and eliminate the need for the Taylorville lift station

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• Schedule emergency generator fuel polishing every two years to prevent bacterial growth in the fuel tank

REHABILITATION AND REPLACEMENT PLAN
Utility system personnel work closely with the Engineering Division to identify and prioritize structural deficiencies within the system as part of the CIP. Segments of pipe at risk of failure are treated with urgency and repaired or replaced either through the deployment of in-house maintenance crews or by external licensed contractors who have extensive experience with the type of system repair that is required. The CIP is re-evaluated as part of the preparation of the City's annual budget with priorities shifting as needed to reflect the urgency of particular system segment rates of deterioration. The City typically plans collection system improvements including manhole and sewer line rehabilitation, lift station upgrades, and improvements need on specific segments annually. The manhole and sewer line rehabilitation projects are mainly intended to reduce and/or eliminate SSO and address I&l issues. Rehabilitation involves sliplining, cured-in-place lining, and pipe bursting and replacement.

TRAINING
The City implements an SSO training program for first responders that provide training for operation of sewer response equipment (vacuum/jet truck, Ring-O-Matic vacuum, etc.). Standby personnel are required at least 16 hours per year of actual operation of sewer response equipment to increase operational proficiency. Staff are also encouraged to attend trainings, certification seminars, and industry conferences such as those organized by California Water Environment Association (CWEA) on a wide variety of issues, including collection system maintenance and SSO prevention.

EQUIPMENT AND REPLACEMENT PARTS
The City owns two vacuum/jet trucks, a Ring-O-Matic vacuum, lights, pumps, generators, backhoe, Bobcat, dump truck, and miscellaneous service/utility trucks as well as other equipment needed for sewer line repair. The City also has a large inventory of miscellaneous parts that allow crews to handle emergencies. The City maintains a list of contractors and suppliers that are available in emergencies with equipment and personnel. This list is available in the utility system trucks and at the Corporation Yard.

City staff periodically test and rebuild sewer-cleaning equipment (e.g., root cutter, hydropressure) to ensure its performance supports field crew effectiveness and productivity.

The equipment on the City's 'initial-response' truck includes traffic control and containment/ cleanup equipment sufficient to respond to a 100 gallon spill. The truck is stocked at all times and a supply list will be kept on the truck for crews to re-stock any time supplies have been used.

DESIGN AND CONSTRUCTION STANDARDS
In May 2016, the City revised its most recent version of the City's Design Standards and Construction Standards and Standard Details, collectively, the "Improvement Standards". The

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Improvement Standards apply to, regulate, and guide the design and construction of all public improvements, and set guidelines for certain private improvements within the City.

The Improvement Standards contain inspection and testing methods and acceptance thresholds in order for improvements to achieve acceptance. The Engineering Division has licensed professional engineers and competent construction field inspection staff available to ensure strict adherence to the stated design, construction, and testing standards.

Section 8 of the "Design Standards" and Section 5 of the 'Construction Standards" apply specifically to the design and construction standards for the sewer collection system and reflect a collaborative effort between the Utilities Divisions to ensure competent design and construction of utility infrastructure.

The Design and Construction Standards are posted on the City's website at www.cityofgrassvalley.com.

OVERFLOW EMERGENCY RESPONSE PLAN
The purpose of the Overflow Emergency Response Plan is to convey an orderly, consistent, efficient, and effective response to SSO events.

GOALS
The City’s goals in responding to SSOs are to:
• Respond quickly to minimize the volume of the SSO
• Eliminate the cause of the SSO and restore flow
• Contain spilled wastewater to the maximum extent feasible • Minimize public contact with the spilled wastewater
• Mitigate the impact of the SSO
• Meet the regulatory reporting requirements
• Provide effective public notification when a threat to public health exists • React to SSO events in a manner that instills confidence in the public that the system operators are protecting public health

NOTIFICATION PROCESS
The processes employed to notify the City staff of an SSO include: observation by the public, receipt of an alarm, or observation by City staff during the normal course of their work. The notification procedures for working hours and after-hours are presented in Appendix C.

Public Observation
Public observation is one of the most common ways that the City is notified of blockages and spills. Contact information for reporting sewer spills and backups are available on the City's website: www.cityofgrassvalley.com. The business hours telephone number for reporting sewer

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problems is (530) 274-4350 although additional City personnel are trained to respond to these emergency calls and make appropriate staff notifications. The after-hours telephone number is (530) 265-7880 (Sheriff Dispatch).

Normal Work Hours Response Protocol
The City's regular working hours for its sewer staff is Monday through Friday from 7:00 a.m. to 3:30 p.m., except holidays. When a report of a sewer spill or backup is made, City staff receives the call, takes the information from the caller, and communicates the information immediately to the field crew who provide prompt emergency response to the site. Management staff also respond to SSO events to ensure protocols and reporting requirements are followed.

After-Hours Response Protocol
Reports from the public are initially received by the Nevada County’s Emergency Dispatch Call Center. Once a Dispatcher receives the call and the pertinent information from the caller, the dispatcher communicates the information to the Public Works On-Call Standby Person. Public Works On-Call is staffed at all times outside of those identified as regular working hours. The Dispatcher leaves a message on the City’s emergency call line and the message immediately relays to all Public Works On-Call staff member(s).

Receipt of Lift Station and/or Treatment Plant Alarm
If a lift station or treatment plant alarm is received, the appropriate City staff or on-call duty staff is notified via the Wastewater Treatment Plant cellular phones. Treatment plant staff monitor the treatment plants and lift stations via the Supervisory Control and Data Acquisition (SCADA) system.

Staff Observations
City staff conducts periodic inspections of the sewer system facilities as part of their routine maintenance activities. Any issues, concerns, or problems observed with the sewer system facilities are reported to appropriate City personnel who, in turn, respond to potentially emergency situations.

SAFETY
All department first responders are generally responsible for the job site safety and following safety procedures and protocols at all times. In conjunction with the City’s National Incident Management System (NIMS) Training, the first employee on site is responsible for all safety concerns and considerations of the site until he/she is relieved of these responsibilities formally by a more senior employee or responding management personnel. It is understood by all department staff that specialized and possibly extraordinary safety precautions must be observed when performing sewer system emergency and routine maintenance work. These safety precaution considerations include not only working with the potential contamination aspects of sewage but also the work unique environment hazards such as active traffic lanes, working with high pressure water such as that generated by a sewer jet, and other specialized and sometime excessively noisy equipment.

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During non-regular work hours, it is critical that City personnel responding to a sewer system event become fully compliant and recognize potential safety hazards of sewer system work. All On-Call Primary Responders are trained in proper sewer system maintenance protocols. In such cases, it is appropriate to take the time to discuss safety issues, consider the order of work, and check safety equipment and make duty assignments according to level and knowledge of assignments before beginning the tasks of the job.

SSO RESPONSE PROCEDURES
Sewer service calls and lift station alarms are considered high-priority events that require immediate response to the reported location of the event to minimize or eliminate any SSOs.

Crews must respond to the reporting party, lift station, or site of the problem immediately and visually check for potential sewer stoppages or overflows. The goal of each SSO response is to preserve and protect public health, environment, and property and to restore the affected area to normalcy as soon as possible.

Responding personnel will work to contain and control the discharge to the maximum extent possible. They will establish safe perimeters and control zones with traffic cones, barricades, vehicles, or terrain to ensure that spill material exposure is contained to as small an area as possible and to eliminate a potential expansion of contamination by outside forces such as vehicles or pedestrians. Every effort is made to prevent the discharge of sewage into waterways or conveyances to waterways both above and below ground. Staff also promptly identify cause and effect of the SSO event and/or the need for additional resources (e.g., people, equipment).

The SSO Response Procedures are summarized in Appendix D.

Dispatch and Initial Assessment of the Situation
• Receive a brief description of the nature of the problem from the person making the report. Fill out the SSO Spill Report Form (Appendix E). • Determine appropriate response measures based on the circumstances and information provided by the caller (e.g., location, weather and traffic conditions, small backup vs. sewage flowing on the ground) and begin the emergency mobilization of manpower, equipment, and resources to the site.
• Verify the existence of an SSO or backup upon arrival at the reported location. • Call the appropriate Public Works Management personnel (during working hours) or the Police Dispatcher or Public Works/Utility Management staff (after-hours) to request additional Public Works/Utility staff to assist in the SSO response as necessary. • Take detailed job notes including notification and arrival time(s), conditions, and any other required information for purposes of external formal notification. • Use the SSO Spill Report Form (Appendix E).
• Take photos to document the incident.
• Take the necessary measures to contain and/or mitigate spilled sewage to the maximum extent feasible regardless of whether the SSO or backup is caused by a private lateral or

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another agency sewer system. City staff is relieved of this duty when representatives of the responsible third party arrive and take control of the site/event. Third party spills are considered as incidents and forms detailing the event are required to be completed.

Restore Flow
• In the event of a sewer system failure event, relieve the stoppage or restore the lift station operation as soon as possible through the use and application of the appropriate equipment.
• If addressing a main blockage, set up downstream of the blockage and hydro-clean or rod upstream from a clear manhole. Attempt to remove the blockage from the system and observe the flow to ensure that the blockage does not recur or transition downstream. • If the blockage cannot be cleared within 15 minutes of arrival or the sewer requires construction repairs to restore flow, or if the lift station operation cannot be restored within the wet well holding time, initiate expanded containment efforts to the degree practical and/or bypass pumping. If assistance is required, immediately contact the Public Works Director/City Engineer, or designee (all hours) and other required employees.

Initiate Spill Containment Measures
The first responder(s) should attempt to the extent possible to contain as much of the spilled sewage as possible using the following steps:
• Keep sewage from entering the storm drain system to the maximum extent practicable by blocking storm drain inlets and catch basins or by containing and diverting the sewage away from open channels and other storm drain facilities using sandbags, inflatable dams, plastic mats, etc. Sandbags and a spill containment kit are standard equipment in the On-Call Vehicle at all times.
• Review sewer maps for possible temporary upstream flow diversion through bypassing. • Pump around the blockage/pipe failure/lift station.
• Dike/dam (or sandbag) the spill by building a temporary berm to collect and control the spilled sewage.
• If overflowing sewage has contacted the storm drain system, attempt to contain the spilled sewage by plugging the nearest unaffected downstream storm drain. • Modify these methods as needed to accommodate wet weather conditions where the feasibility of containment may be impacted by the quantity of stormwater runoff. • If containing spilled sewage in storm drain system methods are used, thoroughly clean, vacuum, wash, and disinfect the storm drain system as part of the recovery and clean-up phase.

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Clean-up
The recovery and clean-up phase begins immediately after the flow is restored and the spilled sewage has been contained to the extent possible. Depending on the situation, the SSO recovery and clean up may include:

Recovery of Spilled Sewage
To the extent practicable, crews will vacuum up or pump the spilled sewage and return it back into the sewer collection system.

Clean-up and Disinfection
When disinfecting a sewage-contaminated area, crews will take every effort to ensure that the disinfectant or sewage treated with the disinfectant is not discharged to the storm drain system or surface waters. Methods may include blocking storm drain inlets, containing and diverting disinfectant and sewage away from open channels and other storm drain fixtures, and removing the material with vacuum equipment.

The following clean-up and disinfection procedures should be implemented to reduce the potential for human health issues and adverse environmental impacts that are associated with an SSO event. The following procedures described are for dry weather conditions and should be modified as required for wet weather conditions.

Hard Surface Areas
• Collect all sewage solids and sewage-related material either by gloved hand or with the use of various hand tools such as rakes, brooms, and/or shovels. • Disinfect all areas that were contaminated from the overflow using the disinfectant solution of household bleach diluted 10:1 with water. Apply minimal amounts of the disinfectant solution using a hand sprayer.
• Flush wash any affected area with clean water until the water runs clear. Take all safe and reasonable steps to contain and vacuum up the wastewater. • Repeat the process as often as necessary until it is obvious that additional cleaning is not required, and the area is safe again.

Landscaped and Unimproved Natural Vegetation
• Collect all signs or examples of sewage solids and sewage-related material either by gloved hand or with the use of various hand tools such as rakes, brooms, and/or shovels. • Wash down the affected area with clean water until the water runs clear. The flushing volume should be approximately three times the estimated volume of the spill. • Either contain or vacuum up the wash water so that none is released. • Allow the area to dry. Repeat the process if additional cleaning is required. • Do not apply disinfectant solution to landscaped areas or unimproved natural vegetation.

Wet Weather Modifications

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Management staff may decide to omit flushing and or disinfection during heavy storm events with heavy runoff where spill area flushing is determined not to be required.

Follow-up Activities
In situations where sewage has reached the storm drain system, crews will vacuum/pump out the catch basin and any other portion of the storm drain system that may have contacted the sewage. All vacuumed or pumped material collected is deemed contaminated material and must be returned to the sewer collection system.

During nighttime overflow events, a re-inspection should be conducted at first adequate light the following day. The field crew should look for signs of sewage solids and sewage-related material that may warrant additional clean-up activities. Staff shall always err on the side of caution and reinstitute clean-up activities when any doubt exists regarding public safety and overall public health.

Following any re-inspection, the staff will investigate to identify determine the probable cause of the SSO event and to identify proactive action(s) that will minimize or eliminate future potential for an SSO to reoccur. The investigation should include reviewing all relevant data to determine appropriate positive or corrective action(s), the investigation should include:
• Reviewing and completing the SSO Spill Report Form (Appendix E) • Reviewing past maintenance records
• Reviewing available photographs, where applicable
• Conducting a CCTV inspection within the next two (2) business days after an event, where necessary to determine the line condition
• Interviewing staff who responded to the spill
Water Quality Sampling and Analysis
To determine the extent of any impact of an SSO, the City makes every effort to conduct water quality sampling and testing whenever 1,000 gallons or more of untreated sewage enters a surface water. The sampling procedures are summarized below:
• The first responder collects samples as soon as practical after the discovery of the SSO event. Sampling kits are available in the Utility System trucks, standby trucks, and at the Corporation Yard.
• For discharges into flowing water (e.g., rivers, creeks), water quality samples should be collected from as near as possible to 100 feet upstream of the spill, from the spill area, and at 100 feet downstream of the spill at determined intervals. (Coordinate with Nevada County Environmental Health.)
• For discharges into stationary water (e.g., lakes, ponds), water quality samples should be collected from the spill area, at determined sample collection points on either side of the spill. (Coordinate with Nevada County Environmental Health.)

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• A certified laboratory will analyze the samples to determine the nature and impact of the discharge. First responders are responsible for collecting the samples and contacting the contract lab to arrange timely pickup of the samples. Information on the contracted laboratory is kept on file at the Corporation Yard. Additional samples will be taken to determine when posting of warning signs can be discontinued. The basic analyses will include Escherichia coli (E. coli) and ammonia nitrogen.

Public Notification
The public could be at risk and must be warned to avoid all contact with raw sewage and/or contaminated water resulting from an SSO or other hazardous material or chemical release which may cause a risk of illness. The extent of public notification shall be at the direction of the Public Works Director/City Engineer, or designee, in conjunction with Nevada County Environmental Health. The design of these procedures and the extent of public notification is needed to preserve public health are unique to each event. Procedures may include:
• Local agencies and individuals may need to be contacted as soon as possible, depending on the situation, including:
o Police Department may be called upon to assist with public notification where determined practical.
o Public Works staff will determine as the situation demands for managing the SSO to close public areas such as parks and to communicate with local residents and/or businesses who may beimpacted by the sewage spill. o Posting of warning signs and control of all contaminated areas and or job site(s) with "Yellow Caution Tape" and barricades may be necessary to keep vehicles and pedestrians away from contact with spilled sewage.
• Warning signage, where deemed as a necessary or appropriate means of public notification shall not be removed until such time as directed by the Public Works Director/City Engineer, or designee. In situations where water sampling is required by environmental health authorities, warning sign posting shall remain in place until analytical results demonstrate that the area is safe for human contact and confirmation authority is received from the Nevada County Department of Environmental Health (A sample of the public notification warning sign is included as Appendix F). • Property and creeks that have been contaminated as by an SSO or other hazardous material release should be posted at visible access locations until the risk of contamination has subsided to background levels. The warning signs, once posted, should be checked daily at a minimum to ensure that they are still in place. • Major spills may warrant broader public notice and possible use of local media.

The Public Works Director/City Engineer or designee, in conjunction with Nevada County Environmental Health, will contact local media when deemed appropriate for the preservation of public health. As with any effective use of media as a public communication tool, it is important that there be a single point of contact to disseminate information and in these instances the Public Works Director/City Engineer or designee is

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the sole responsible person sanctioned for media contact. The Nevada County Department of Environmental Health may also issue media releases when deemed appropriate.

Estimated Volume of Spilled Sewage
Crews will use standardized industry photograph materials or accepted mathematical calculation means to estimate the volume of the spilled sewage. When possible, the volume estimate will be documented using photos of the SSO site before and during the recovery operation. Initial volume estimates will be recorded using the SSO Spill Report Form. Final spill volumes will be reviewed by the City Engineer.

SSO Categories
The State Water Board established guidelines for classifying and reporting SSOs. Reporting and documentation requirements vary based on the type of SSO. The categories of SSOs are:
• Category 1 – Discharges of sewage, of any volume, that:
o Reach a drainage channel and/or surface water; or
o Reach the storm drain system and are not fully captured and returned to the sewer collection system
Any spill volume not recovered from the storm drain system is considered a discharge to surface water unless the storm drain system discharges to a stormwater infiltration basin or facility.
• Category 2 – Discharges of sewage that:
o Have a volume of 1,000 gallons or more; and
o Do not reach a surface water
• Category 3 – Discharges of sewage that:
o Have a volume equal to or greater than 50 gallons and less than 1,000 gallons; and
o Do not reach a surface water
• Category 4 – Discharges of sewage that:
o Have a volume less than 50 gallons; and
o Do not reach a surface water
Internal SSO Reporting Procedures
Flow charts outlining internal SSO reporting procedures are presented in Appendix C.

Category 1 SSOs
The first responder will immediately notify, as practical, the Public Works Director/City Engineer or designee. Where deemed appropriate the Public Works Director/City Engineer or appropriate management staff on-call, or designee will meet with field crew(s) at the SSO site to assess the situation and document the conditions or potential hazards, possibly with photos. The first

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senior management staff member is responsible for documenting the spill event using the SSO Spill Report Form (Appendix E) and turning it in to management staff. A second senior management staff member will review the form for completeness and accuracy and complete CIWQS online form within the time limits required by the State Water Board. In the event of a large overflow or one that has increased exposure to diminishing public health, management staff will notify the Public Works Director/City Engineer who may deem it necessary to notify the City Manager and/or City Council.

Other SSOs
The first senior management staff member will complete the SSO Spill Report Form (Appendix E) and turn it in to the appropriate management staff and complete the CIWQS form within the time limits required by the State Water Board. Management staff will review the form for completeness and accuracy and will forward it to the Public Works Director/City Engineer or designee for further action where appropriate.

External SSO Reporting Procedures
CIWQS will be used for reporting SSO information to the State Water Board. For any spills 1,000 gallons or greater, the responsible LRO will notify the California Office of Emergency Services (Cal-OES) at 800-852-7550 within two hours of being notified of a spill and obtain a spill number to reference in other reports. The following information must be provided in the notification to Cal-OES:
• Name and phone number of the person notifying Cal-OES • Estimated spill volume (gallons)
• Estimated spill rate from the system (gallons per minute) • Estimated discharge rate (gallons per minute) directly to surface waters or into the storm drain system where it is not fully captured
• Spill incident description including a brief narrative of the spill event and location (address, city, zip code, closest cross streets and/or landmarks) • Contact information for the person on-scene
• Date and time the City was informed of the spill event • Name of the sanitary sewer system causing the spill
• Spill cause or suspected cause (if known)
• Amount of spill contained (gallons)
• Name of surface water receiving or potential receiving discharge • Description of surface water impact and/or potential impact to beneficial uses Following the initial notification to Cal-OES and until the LRO or designee certifies the spill report to CIWQS, the LRO or designee must provide updates to Cal-OES if there are substantial changes to the following information:

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• Estimated spill volume (increase or decrease in gallons initially estimated) • Estimated discharge volume discharged directly to surface waters or into the storm drain system where it is not fully captured (increase or decrease in gallons initially estimated) • Additional impact(s) to surface waters and beneficial uses Additionally, the City must notify the Central Valley Water Board of any spills 50 gallons or greater from its sewer collection system within three business days of being notified of a spill.

The following section details the external reporting response requirements based on the type of SSO. Flow charts outlining external SSO reporting procedures are also presented in Appendix C.

For Category 1 SSOs, the following reporting requirements apply:
• Within 15 calendar days of the conclusion of SSO response and remediation, the LRO or designee will certify the final report in CIWQS. The LRO or designee can update the certified report as new or changed information becomes available up to 90 days after the spill end date. After 90 days, a request must be made directly to the State Water Board at [email protected] to amend the report. The updates can be submitted at any time and must be certified.
• In addition, for Category 1 SSOs where 50,000 gallons or more of sewage reach a surface water or enter the storm drain system and is not fully captured and returned to the sewer collection system, the LRO will prepare and certify in CIWQS a Spill Technical Report within 45 calendar days after the end date of the SSO. The requirements for the Spill Technical Report are detailed in the SSO Documentation and Record Keeping Requirements section.

For Category 2 SSOs, the LRO or designee must submit a Draft Spill Report to CIWQS within three business days of being notified of the spill event. Within 15 calendar days, the LRO or designee must submit the Certified Spill Report to CIWQS. Upon completion of the Certified Spill Report, a final spill event identification number will be issued by CIWQS. The LRO or designee can update the certified report as new or changed information becomes available up to 90 days after the spill end date. After 90 days, a request must be made directly to the State Water Board at [email protected] to amend the report. The updates can be submitted at any time and must be certified.

For Category 3 SSOs, the LRO or designee must submit a certified report to CIWQS within 30 business days after the end of the calendar month for all Category 3 SSOs that occurred in the calendar month (e.g., all Category 3 spills occurring in the month of February must be reported and certified by March 30). The LRO or designee can update the certified report as new or changed information becomes available up to 90 days after the spill end date. After 90 days, a request must be made directly to the State Water Board at [email protected] to amend the report. The updates can be submitted at any time and must be certified.

For Category 4 SSOs, the LRO or designee must submit a certified report to CIWQS within 15 days after the end of a calendar quarter for all Category 4 SSOs that occurred in that calendar quarter (e.g., all Category 4 spills occurring in the January to March quarter must be reported

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and certified by April 15). The LRO or designee can update the certified report as new or changed information becomes available up to 90 days after the spill end date. After 90 days, a request must be made directly to the State Water Board at [email protected] to amend the report. The updates can be submitted at any time and must be certified.

For privately-owned sanitary sewer systems or privately-owned lateral SSOs, images and documentation shall be filed for the City’s own records. This documentation should specify that the sewage discharge was caused by a private lateral and identify the responsible party (other than the City), if known. Reporting private lateral SSOs to the If CIWQS is not available, the Utilities Superintendent/City Engineer or designee will email all required information to the Central Valley Water Board office (916-464-4660) in accordance with the time schedules identified above. In such event, the City will submit the appropriate reports using CIWQS as soon as practical.

SSO Documentation and Recordkeeping Requirements
The first management responder will complete an electronic work order and make any final changes to the SSO Spill Report Form.

Category 1 SSOs
The Draft SSO Spill Report for a Category 1 SSO must include, at a minimum, the following information:
• Contact information, including the name and telephone number of the City’s contact person to respond to SSO-specific questions
• Spill location name
• Date and time the City was notified of, or self-discovered, the SSO • Arrival time of first responder
• Estimated SSO start date and time
• Date and time the City notified Cal-OES and the assigned control number • Description, photographs, and global positioning system (GPS) coordinates of the sewer collection system where the SSO originated
o If a single SSO event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation • Estimate total SSO volume exiting the sewer collection system • Description and photographs of the extent of the SSO and its boundaries • Did the SSO reach the storm drain system? If yes:
o Description of the storm drain system transporting the SSO o Photographs of the storm drain system entry location(s) o Estimate SSO volume fully recovered from the storm drain system

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o Estimated SSO volume remaining in the storm drain system • Description and photographs of all discharge point(s) into the surface water • Estimated SSO volume discharged to surface water
• Estimated total SSO volume recovered
The Certified SSO Spill Report for a Category 1 SSO must include the information in the Draft SSO Spill Report and, at a minimum, the following information:
• Description of the SSO event destination(s), including GPS coordinates, if available, that represent the full spread and reach of the SSO
• SSO end date and time
• Description of how the SSO volume estimations were calculated, including at a minimum:
o The methodology, assumptions, and type of data, such as SCADA records, flow monitoring, or other telemetry information, used to estimate the volume of the SSO discharged and the volume of the SSO recovered
o The methodology, assumptions, and type of data used to estimate the SSO start and end times
• SSO cause(s) (e.g., root intrusion, grease deposit)
• System failure location (e.g., main, lateral, lift station) • Description of the pipe material and estimated age of the pipe material at the failure location
• Description of the impact of the SSO
• Whether or not the SSO was associated with a storm event • Description of the SSO response activities including description of the immediate SSO containment and clean-up efforts
• Description of SSO corrective action, including steps planned or taken to reduce, eliminate, and prevent recurrence of the SSO, and a schedule for major milestones for those steps
• SSO response completion date
• Detailed narrative of the investigation and investigation findings of cause of SSO • Reasons for on-going investigation (if applicable) and the expected completion date • Name and type of receiving water(s)
• Description of the receiving water(s), including, but not limited to:
o Impacts on aquatic life
o Public closure, restricted public access, temporary restricted use, and/or posted health warnings due to SSO

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CITY OF GRASS VALLEY December 2022 | 17

SANITARY SEWER SYSTEM MANAGEMENT PLAN
o Responsible entity for closing/restricting use of receiving water o Number of days closed/restricted as a result of the SSO • Whether or not the SSO was located within 1,000 feet of a municipal water intake or municipal groundwater well
• If water quality samples are collected, identify the sample locations and the parameters for which the samples were analyzed. If no samples were taken, it should be reported as N/A
For SSOs where 50,000 gallons or more reach surface water drainage channel or surface water or enter the storm drain system and is not fully captured and returned to the sewer collection system, the LRO will prepare a Spill Technical Report. At a minimum, the Spill Technical Report will include the following information:
• Causes and circumstances of the SSO
o Complete and detailed explanation of how and when the SSO was discovered o Photographs illustrating the spill origin, the extent and reach of the spill, storm drain system entrance and exit, receiving water, and post-clean-up site conditions o Diagram showing the SSO failure point, appearance point(s), spill flow path, and final destination(s)
o Detailed description of the methodology employed and available data used to calculate the volume of the SSO and, if applicable, the SSO volume recovered o Detailed description of the cause(s) of the SSO
o Description of the pipe material and the estimated age of the pipe material at the failure location
o Description of the impact of the SSO
o Copies of original field crew records used to document the SSO o Historical maintenance records for the failure location • The City’s response to SSO
o Chronological narrative description of all actions taken by enrollee to terminate the spill
o Explanation of how the Overflow Emergency Response Plan was implemented to respond to and mitigate the SSO
o Final corrective action(s) completed and/or planned to be completed, including a schedule for actions not yet completed
• Local regulatory enforcement action taken against an illicit discharge in response to this SSO, as applicable
• Identifiable system modifications and operations and maintenance program modifications needed to prevent recurrence
• Necessary modifications to the Overflow Emergency Response Plan to incorporate lessons learned in responding to and mitigating the SSO

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CITY OF GRASS VALLEY December 2022 | 18

SANITARY SEWER SYSTEM MANAGEMENT PLAN
• Water Quality Monitoring
o Description of all water quality sampling activities conducted o List of pollutants and parameters monitored, sampled, and analyzed o Laboratory results, including laboratory reports
o Detailed location map illustrating all water quality sampling points o Other regulatory agencies receiving sample results (if applicable) • Evaluation of SSO impact(s), including a description of short- and long-term impact(s) to beneficial uses of the surface water
Category 2 SSO Spill Report
The Draft SSO Spill Report for a Category 2 SSO must include, at a minimum, the following information:
• Contact information, including the name and telephone number of the City’s contact person to respond to SSO-specific questions
• Spill location name
• Date and time the City was notified of, or self-discovered, the SSO • Arrival time of first responder
• Estimated SSO start date and time
• Date and time the City notified Cal-OES and the assigned control number • Description, photographs, and GPS coordinates of the sewer collection system where the SSO originated
o If a single SSO event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation • Estimate total SSO volume exiting the sewer collection system • Description and photographs of the extent of the SSO and its boundaries • Did the SSO reach the storm drain system? If yes:
o Description of the storm drain system transporting the SSO o Photographs of the storm drain system entry location(s) o Estimate SSO volume fully recovered from the storm drain system o Estimated SSO volume remaining in the storm drain system • Estimated total SSO volume recovered
The Certified SSO Spill Report for a Category 2 SSO must include the information in the Draft SSO Spill Report and, at a minimum, the following information:

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CITY OF GRASS VALLEY December 2022 | 19

SANITARY SEWER SYSTEM MANAGEMENT PLAN
• Description of the SSO event destination(s), including GPS coordinates, if available, that represent the full spread and reach of the SSO
• SSO end date and time
• Description of how the SSO volume estimations were calculated, including at a minimum:
o The methodology, assumptions, and type of data, such as SCADA records, flow monitoring, or other telemetry information, used to estimate the volume of the SSO discharged and the volume of the SSO recovered
o The methodology, assumptions, and type of data used to estimate the SSO start and end times
• SSO cause(s) (e.g., root intrusion, grease deposit)
• System failure location (e.g., main, lateral, lift station) • Description of the pipe/infrastructure material and estimated age of the pipe material at the failure location
• Description of the impact of the SSO
• Whether or not the SSO was associated with a storm event • Description of the SSO response activities including description of the immediate SSO containment and clean-up efforts
• Description of SSO corrective action, including steps planned or taken to reduce, eliminate, and prevent recurrence of the SSO, and a schedule for major milestones for those steps
• SSO response completion date
• Detailed narrative of the investigation and investigation findings of cause of SSO • Reasons for on-going investigation (if applicable) and the expected completion date • Whether or not the SSO was located within 1,000 feet of a municipal water intake or municipal groundwater well
Category 3 SSO Spill Report
The monthly reporting for all Category 3 SSOs must include, at a minimum, the following information:
• Contact information, including the name and telephone number of the City’s contact person to respond to SSO-specific questions
• Spill location name
• Date and time the City was notified of, or self-discovered, the SSO • Arrival time of first responder
• Estimated SSO start date and time

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CITY OF GRASS VALLEY December 2022 | 20

SANITARY SEWER SYSTEM MANAGEMENT PLAN
• Description, photographs, and GPS coordinates of the sewer collection system where the SSO originated
o If a single SSO event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation • Estimate total SSO volume exiting the sewer collection system • Description and photographs of the extent of the SSO and its boundaries • Did the SSO reach the storm drain system? If yes:
o Description of the storm drain system transporting the SSO o Photographs of the storm drain system entry location(s) o Estimate SSO volume fully recovered from the storm drain system o Estimated SSO volume discharged to a groundwater infiltration basin or facility (if applicable)
• Estimated total SSO volume recovered
• Description of the SSO event destination(s), including GPS coordinates, if available, that represent the full spread and reach of the SSO
• SSO end date and time
• Description of how the SSO volume estimations were calculated, including at a minimum:
o The methodology, assumptions, and type of data, such as SCADA records, flow monitoring, or other telemetry information, used to estimate the volume of the SSO discharged and the volume of the SSO recovered
o The methodology, assumptions, and type of data used to estimate the SSO start and end times
• SSO cause(s) (e.g., root intrusion, grease deposit)
• System failure location (e.g., main, lateral, lift station) • Description of the pipe/infrastructure material and estimated age of the pipe material at the failure location
• Description of the impact of the SSO
• Whether or not the SSO was associated with a storm event • Description of the SSO response activities including description of the immediate SSO containment and clean-up efforts
• Description of SSO corrective action, including steps planned or taken to reduce, eliminate, and prevent recurrence of the SSO, and a schedule for major milestones for those steps
• Detailed narrative of the investigation and investigation findings of cause of SSO

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CITY OF GRASS VALLEY December 2022 | 21

SANITARY SEWER SYSTEM MANAGEMENT PLAN
Category 4 SSO Spill Report
The quarterly reporting for all Category 4 SSOs must include, at a minimum, the following information:
• Contact information, including the name and telephone number of the City’s contact person to respond to SSO-specific questions
• Spill location name
• Date and time the City was notified of, or self-discovered, the SSO • Description and GPS coordinates for the sewer collection system location where the spill originated
• Did the SSO reach the storm drain system? If yes:
o Description of the storm drain system transporting the SSO o Estimate SSO volume fully recovered from the storm drain system o Estimated SSO volume remaining in the storm drain system • Estimated total SSO volume exiting the sewer collection system • Spill date and start time
• SSO cause(s) (e.g., root intrusion, grease deposit)
• System failure location (e.g., main, lateral, lift station) • Description of the SSO response activities including description of the immediate SSO containment and clean-up efforts
• Description of how the SSO volume estimations were calculated, including at a minimum:
o The methodology, assumptions, and type of data, such as SCADA records, flow monitoring, or other telemetry information, used to estimate the volume of the SSO discharged and the volume of the SSO recovered
o The methodology, assumptions, and type of data used to estimate the SSO start and end times
• Description of the implemented system and/or operations and maintenance modifications
The Sanitary Sewer System Waste Discharge Requirements (SSS WDR) requires that individual SSO records be maintained by the City for a minimum of five (5) years from the date of the SSO.

This period may be extended if requested by the Central Valley Water Board Executive Officer.

All records are made available upon request from State or Central Valley Water Board staff.

Post-SSO Event Debriefing and Training
Every SSO event is an opportunity to evaluate the response and reporting procedures. Each overflow event is unique, with its own elements and challenges including volume, cause, location, terrain, and other parameters.

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CITY OF GRASS VALLEY December 2022 | 22

SANITARY SEWER SYSTEM MANAGEMENT PLAN
Monthly staff meetings include a detail discussion of past SSO events to discuss what worked and where improvements could be made in responding to and mitigating future SSO events. The meetings will identify corrective actions that could have prevented most recent SSOs from occurring. Participants will also review reports, investigation results, and status of corrective actions for most recent SSO events.

Training related to the Overflow Emergency Response Plan is scheduled annually. All employees are required to attend, and a log of attendees is kept. Other informal training sessions take place throughout the year as needed, but informal training sessions are not logged. Staff are also encouraged to attend trainings, certification seminars, and industry conferences such as those organized by CWEA on a wide variety of issues, including collection system maintenance, SSO prevention, and SSO emergency response.

FATS, OILS, AND GREASE (FOG) PROGRAM
Section 13.12.040 of the City's Municipal Code prohibits discharges of wastes which contain more than 200 mg/L of fats, oils, and grease (FOG) materials. The City has the authority to require installation of grease interceptors at facilities with the potential to discharge FOG. The City maintains a list of potential FOG-producing facilities and of businesses with grease traps and other grease capturing devices. The City inspects commercial user grease traps to ensure operability and monitors monthly grease hauler reports from grease producing facilities.

Collection system personnel are continually on alert during routine system maintenance activities for the existence of grease, identification of new areas of possible concern, and additional maintenance requirement. A source control activity to identify the point of origination of grease is an ongoing component of the City's maintenance activities.

SYSTEM EVALUATION AND CAPACITY ASSURANCE PLAN
As previously noted, Utility System personnel work closely with the Engineering Division to identify and prioritize structural deficiencies within the system as part of the CIP. The CIP is updated at least annually with priorities shifting as needed to reflect the urgency of system segment rates of deterioration. The City typically budgets annually for collection system improvements, including manhole and sewer line rehabilitation, lift station upgrades, and improvements need on specific segments. The manhole and sewer line rehabilitation projects are mainly intended to reduce and/or eliminate SSO and I&I issues. Rehabilitation involves sliplining, cured-in-place lining, and pipe bursting and replacement.

In 2017 Stantec completed a Sewer System Master Plan for Grass Valley. The objectives of the Sewer System Master Plan were to determine the capacity and limitations of the existing collection system and physical modifications, renovations, and additions to the existing sewer collection system necessary to meet current and future needs. Analyses indicated that most sewer lines are adequately sized for the anticipated flows and identified sections of the sewer collection system that needed to be upsized to meet future conditions.

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CITY OF GRASS VALLEY December 2022 | 23

SANITARY SEWER SYSTEM MANAGEMENT PLAN
The City uses the Sewer System Master Plan to review collection system capacity, assess needed improvements, and as a general planning tool to ensure adequate wastewater collection and treatment to meet future needs.

MONITORING, MEASURING, AND PLAN MODIFICATION
As noted earlier in the Overflow Emergency Response Plan, the City learns from deficiency events such as SSOs in order to redefine and possibly expand existing maintenance and frequency of service programs. Additionally, at team meetings, staff regularly discuss "field findings" such as needs for repair, and increased attention discussions that are fruitful not only in identifying problem areas before potential failure but also for the continued maintenance as well as development of future individual CIP program elements. During these meetings, staff discuss current maintenance methods and how or if they can be improved.

The City also tracks the effectiveness of the SSMP through performance indicators. The City keeps track of the number of SSOs over the past 12 months, total volume of SSOs, SSOs causes (roots, grease, debris, etc.), and miles of sewer lines evaluated using CCTV. Maintenance activities such as ratio of planned sewer cleaning to unplanned sewer cleaning and the backlog of repair, rehabilitation, and replacement projects are also closely monitored to inform any needed SSMP modifications. Based on this information, the Utilities Director, in collaboration with the Engineering Department, will assess and update the SSMP as appropriately.

SSMP AUDITS
The City plans to complete a review of the SSMP every three years or more often if deficiencies are noticed. The audit will evaluate the SSMP effectiveness and identify any deficiencies and steps to correct them. Audit reports will be prepared and kept on file.

COMMUNICATION PROGRAM
The City regularly updates its website with information about City activities as an effective method for providing alerts and news to the public. The main page of the website provides important announcements, public hearings notices, links to agendas and minutes for City Council meetings, and other key information for City residents. The SSMP is certified by the City Council during a public hearing. The SSMP will be updated and re-certified by City Council every five years, or more frequently, depending on the required updates.

The City does not have any tributary or satellite collection systems; there is no need to establish communication protocols for any such agencies.

Item # 11.

APPENDICES
Appendix A: Public Works Department Organization Chart
Appendix B: Emergency Contact Numbers
Appendix C: City of Grass Valley Standby Call Flow Chart Appendix D: Sewer Backup Prevention & Response
Appendix E: Sanitary System Overflow Initial Assessment Form
Appendix F: Example Spill Warning Sign
Appendix G: Instructions for Handling Sewer and Flooding Losses

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APPENDIX A
Public Works Department Organization Chart

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CITY OF GRASS VALLEY December 2022 | A-1
SANITARY SEWER SYSTEM MANAGEMENT PLAN Page 113
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APPENDIX B
Emergency Contact Numbers

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CITY OF GRASS VALLEY December 2022 | B-1

SANITARY SEWER SYSTEM MANAGEMENT PLAN

EMERGENCY CONTACT NUMBERS
Emergency 911
Sheriff Dispatch 530-265-7880
Fire Department 911
Integral Networks 916-626-4000
Nevada Irrigation District 530-273-6185
530-273-3346 (after hours)
Ferguson/Groeniger 916-455-3333
KNCO 530-272-3424
Beekeeper Hotline 530-675-2924
Robinson Enterprises 530-265-5844
Grey Electric 530-273-0686
Mr. Rooter Plumbing 530-802-2407
Contractors
C&D 530-265-6938
Hansen Brothers 530-273-3381 (office)
530-913-3935 (Jeff Hansen)
Rentals
Rain for Rent 530-662-1024
United Rentals 530-743-8989
Pump Trucks
Navo & Sons 530-273-2964
Tall Boots 530-274-78-67
Urke 530-274-3902
Fuel Trucks
JH Petroleum 530-273-6925 (office)
530-432-1791 (Dave Knappen)
530-320-4432 (Dean Southerland)

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APPENDIX C
City of Grass Valley Standby Call Flow Chart

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CITY OF GRASS VALLEY December 2022 | C-1
SANITARY SEWER SYSTEM MANAGEMENT PLAN Page 117
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APPENDIX D
Sewer Backup Prevention & Response

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SEWER BACKUP PREVENTION & RESPONSE

INCIDENT

REPORTED

TO MEMBER
Field Crew Initial Response:

Refer to Response Procedures
• Advise Customer to keep pets, children
and others away from spill area
• Initial Assessment/Determine Cause
• Document spill completely with
photographs, diagrams, narrative, etc.
o Do not contaminate unaffected areas
• Always Use the Buddy System when
entering private property
• Remain Calm and Professional
Inform Customer:
• Agency not responsible
• Crew may not service private lines
• If plumbing work was completed
recently, advise to contact plumber
• Recommend using cleaning
contractor
Backup is
NOT due to
Agency’s
Sewer Line
Failure
Backup is
due to a
Sewer Line
Failure
Field Crew Immediately:
• Relieve cause
• Notify on-call supervisor and Sierra Pacific
Loss Management (SPLM). SPLM will call
Restoration Firm.
• If Restoration Firm arrives before SPLM,
authorize emergency cleaning only
• Ensure complete photo documentation of
affected and unaffected areas
• Complete Initial Assessment Form
Inform Customer:
• SPLM and Restoration
Firm will arrive soon
• Do not attempt to clean
affected area yourself
• Do not remove items
from affected area
SPLM
Provide Response Kit and
all documentation to
Sierra Pacific Loss
Management
Review with Customer:
• Customer Information brochure
(including instructions for obtaining
a claim form).
• Customer Information Letter &
Cleaning Release.
• Hotel Selection & Release Form.
• Only emergency services are
authorized in the field.
• Future expenses/questions are
referred to the George Hills Claims
Adjuster (contact information is
included in Customer Information
Letter).

SPLM will:
• Review Scope of Work with
Restoration Firm
• Contact George Hills Claims
Adjuster and provide
Customer contact
information, extent of
backup, and approved scope
of emergency services
• Review documentation to
ensure cause and extent of
backup is evident
o Complete Sewer Backup
Incident Report
o Take additional photos, if
necessary
If ANY of the following
circumstances exist:
• Overflow exceeds 1,000 gal.
• Imminent and Substantial danger to
human health
• Fish killed
• Spill reaches receiving waters
• Discharged to Storm Drain and not
fully recovered

IMMEDIATE REGULATORY

NOTIFICATIONS ARE REQUIRED
Complete Regulatory
Notifications
Worksheet
Forward completed
Response Kit to Claims
Adjuster

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APPENDIX E
Sanitary System Overflow Initial Assessment Form

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Is the estimated volume greater than 1,000 gal.?
Did overflow reach receiving waters or require samples to be collected? Is there evidence of killed fish?
Was there human contact and/or was a public area affected? Was overflow discharged to a storm drain/arroyo and not fully recovered?

REPORT INCIDENT
Optional Report: Incident due to
problem in private service lateral
RWQCB SWRCB Cnty. Health
Department
Contact information for each agency is on the other side of this form.

NO
Report

IMMEDIATELY
Report within 30 days
after the end of the
occurance month.

EVALUATE INCIDENT
NOTIFICATION REQUIRED TO:

OVERFLOW
CIRCUMSTANCE: OES
≥ 1,000 gal.

Report within
24 hours
YES
ALL SSO Incidents (including
incidents when regulatory notices
are not otherwise required)
Posting of public warning
signs were required
Imminently and substantially
endangers human health
Fish have been killed
Any amount discharged to
storm drain; not fully
recovered
Receiving waters reached
and/or required sampling
DFG
Sanitary System Overflow
Regulatory Notice Worksheet

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If you are not authorized to perform regulatory reporting, please notify one of the following agency personnel immediately:

LRO*
Name: Phone: day after hours 
Name: Phone: day after hours 
Name: Phone: day after hours 
*SWRCB Legally Responsible Official (LRO) is the person authorized to complete and sign SSO reports online.

Department of Fish and
Game, Spill Prevention
& Response
24 Hr
Dispatch:
916-445-
0380
Discharged to storm drain and not fully recovered,
reached and/or required sampling of receiving waters,
and/or required posting of public warnings. Contact Person: (insert name) (insert name of county
health department)
Press "2" to report pollution incident.

DFG Fish have been killed, reached and/or required sampling of receiving waters.

Cnty. Health
Department
Telephone:
xxx-xxx-xxxx
Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, and/or fish have been killed.

SWRCB
Reached and/or required sampling of receiving waters,
and/or required posting of public warnings
Optional Report when caused by a problem in a private
service lateral
Telephone:
800-852-
7550
Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, and/or fish have been killed.

RWQCB
All overflow and backup incidents, including incidents
where other regulatory notice is not required.

Optional report when caused by problems in a private
service lateral. Provide as much information as possible, indicate cause and identify responsible party.

Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, fish have been killed,
discharged to storm drain and not fully recovered,
reached and/or required sampling of receiving waters.

Regional Water
Quality Control Board
Telephone:
916-464-
3291
Contact Person: (insert name)
State Water
Resources Control
Board
LRO only:

Report Online
www.swrcb.c
a.gov/ciwqs
Incomplete reports must be finished
within 15 days.

OES Governor's Office of
Emergency Services
Volume is ≥ 1,000 gal., human health is substantially and imminently endangered, and/or fish have been killed.

REGULATORY CONTACT INFORMATION
Sanitary System Overflow
Regulatory Notice Worksheet

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APPENDIX F
Example Spill Warning Sign

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CITY OF GRASS VALLEY December 2022 | F-1
SANITARY SEWER SYSTEM MANAGEMENT PLAN Page 124
Item # 11.

APPENDIX G
Instructions for Handling Sewer and Flooding
Losses

Item # 11.

Updated 12/22/21
FOR INTERNAL USE ONLY – DO NOT DISTRIBUTE EXTERNALLY

INSTRUCTIONS FOR HANDLING

SEWER AND FLOODING LOSSES
A. SEWER and FLOODING LOSSES

1. Process for SSO (Sanitary Sewer Overflow) or Water Main Flooding:
a. The City/Town receives a call of a SSO or ruptured water main. b. For an SSO, the department responds and confirms/denies there is a blockage in the main line and/or lower lateral (if your agency accepts responsibility at that point). Please note, each entity has their own Municipal Code that distinguishes the responsibility of the publicvs. private services. CIRA recommends the agency accept responsibility at the “tap” or “connection point” and main. Or
For water flooding, the department responds and confirms/denies if the flooding is due to an issue in the main line and service line (i.e. rupturedpipe) c. If the cause of the loss cannot be immediately determined, error on the side of caution and proceed as if the member entity has liability withoutverbal or written acceptance of liability. DO NOT discuss liability. Obtain information regarding presence and /or functionality of the backflow preventer.
d. The City/Town’s staff will need to complete the initial site assessment form and provide the following information to CIRA (or those working on behalf of CIRA) or the restoration company:

What was the cause of the blockage or water rupture?
What areas of the structure were affected?
Do the occupants need to be relocated? Is
there any other pertinent information?
CIRA (or those working on behalf of CIRA) or the restoration company will need to know:

What are the names/date of births of ALL occupants?
Is the occupant the owner or renter? (If the occupant is a renter, the homeowner and occupant will have separate claims).

Are there any pre-existing health concerns of occupants? If emergency services are needed, please contact Sierra Pacific Loss Management (SPLM) at the number listed below immediately (they are working on behalf ofCIRA):

Sierra Pacific Loss Management:

Main Line - (800) 413-2999/707.252.5525
Doug Thompson – 707.592.9918
[email protected]
PLEASE NOTE: THAT SIERRA PACIFIC LOSS MANAGEMENT WILL HANDLE MOST, IF NOT ALL, OF THE CLAIM IF CONTACTED IMMEDIATELY.

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2. If attempts to contact Sierra Pacific are unsuccessful, please contactGeorge Hills staff directly. They have emergency 24/7 numbers and will answer and respond.

George Hills Staff:

Dana Calkins: (916) 333-0575
Parmit Randhawa: (510) 375-1141
Craig Nunn: (916) 378-5772 (Arcata, Eureka, Fortuna & Ft. Bragg) Edie Yamamura: (707) 602-3149

3. Both Sierra Pacific and George Hills staff have been trained to handle the initial part of a loss and assist any individual(s) who need to be relocated.

The claimant will hear from CIRA (or those acting on behalf of CIRA) as soon as possible to explain the claim process and needs regarding subject claim (relocation process, per diem/meals, etc.).

4. CIRA (or those acting on behalf of CIRA) will obtain all information andwork with the City/Town on providing a claim form.

5. Sierra Pacific will project manage the claim until completion. This will include the following:

Usually within the first hour:
• Arrive onsite and meet with City/Town personnel and/or claimant
• Walk loss with claimant
• Discuss process with claimant
• Collect photographs
Within 30-60 minutes of arrival:
• Review initial scope with restoration contractor
• Determine if relocation is necessary
• If relocation is necessary, make arrangements with pre- approved hotel/motel for stay Within 24 hours of arrival
• Contact George Hills with pertinent information
• Meet with restoration contractor supervisor and agree on full scope of work
• Meet with rebuild contractor to include the following:
• Introduce to claimant
• Discuss scope of work
• The claimant has the right to have his/her own
contractor perform the work, but most will use
the general contractor supplied by the
City/Town
• Meet with rebuild contractor to include the following:

Following completion of remediation
• Arrange for hygienist to complete clearance testing (bio, mold, asbestos)
• Confirm with restoration contractor that site is ready for rebuild and arrange for them to start work

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Throughout project
• Track remediation contractor to confirm that they are on schedule
• Track rebuild contractor to confirm that they are on
schedule
• Communicate with claimant to assure that they are made aware of contractor visits, schedules and completion
dates
• If claimant is relocated, confirm that they are satisfied with accommodations
Following Project Completion
• Review the following:
• Emergency services (ES) invoice
• Hygienist’s report/invoice
• Rebuild contractor’s estimate
• Develop submittal package to include:
• Adjuster’s report
• Statement of loss
• ES invoice/detail
• Hygienist’s invoice/report
• Rebuild Contractor’s invoice/detail
• Non-Salvageable list
• Submit package to George Hills for processing

6. Communication with the claimants will be continuous throughout the claim process. CIRA (or those acting on behalf of CIRA) will be available to relocated claimants with any special needs. If there are items that need to bepurchased immediately, CIRA will purchase on their behalf.

7. The restoration company will contract directly with the claimants. The claimant will file a claim with the City/Town. CIRA will work with both and finalize the claim for both mitigation and repairs at the conclusion of the claim. If it is a largeloss or problems occur, CIRA may advance fees to the restoration company or other approved vendor.

8. Often the only time things go wrong with sewer/water claims is when communication breaks down. There needs to be continuous and constant communication throughout the entire claim process with everyone (the claimant,the restoration company, the City/Town and CIRA).

Item # 11.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Water Shortage Contingency Plan
CEQA: Not a Project
Recommendation: Council to adopt a WSCP
Prepared by: Trever Van Noort, Utilities Director
Council Meeting Date: 6/27/2023 Date Prepared: 6/22/2023 Agenda: Consent
Background Information: The WSCP provides protocols to follow for various stages of water shortages. This information includes public notification and enforcement which are consistent with water utilities in the surrounding area. The State Water Resources Control Board requires the City to maintain a WSCP which complies with all current regulations.

Council Goals/Objectives: This action promotes the goals of Public Safety and Water and Wastewater Systems and Underground Infrastructure.

Fiscal Impact: None
Funds Available: N/A Account #: N/A
Reviewed by: __ Tim Kiser, City Manager
Attachments: Grass Valley WSCP 2023-06-22 (Pending legal review)

Item # 12.

Water Supply Contingency Plan
for
The City of Grass Valley
125 E Main St, Grass Valley, 95945
Public Water System CA #2910001
Effective: June 27, 2023

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 2 of 22 Table of Contents
Section I: Declaration of Policy, Purpose, and Intent ...................................................... 3 Section II: Public Involvement ......................................................................................... 3 Section III: Public Education............................................................................................ 3 Section IV: Coordination with Regional Water Planning Groups ..................................... 3 Section V: Authorization.................................................................................................. 3 Section VI: Application .................................................................................................... 4 Section VII: Definitions................................................................................................. 4 Section VIII: Summary of Drought Response Stages and Response Actions ................. 6 Section IX: Drought Response Triggers ...................................................................... 7 Stage 1 Triggers -- Water Shortage WATCH Conditions............................................. 7 Stage 2 Triggers -- Water Shortage WARNING Conditions......................................... 7 Stage 3 Triggers – ACUTE Water Shortage Conditions .............................................. 7 Stage 4 Triggers -- CRITICAL Water Shortage Conditions.......................................... 8 Stage 5 Triggers -- EMERGENCY Water Shortage Conditions................................... 8 Stage 6 Triggers – CATASTROPHIC Water Shortage Conditions .............................. 8 Section X: Drought Response Stages and Actions ....................................................... 10 Stage 1 Response -- Water Shortage WATCH Conditions........................................ 13 Stage 2 Response -- Water Shortage WARNING Conditions.................................... 13 Stage 3 Response -- ACUTE Water Shortage Conditions......................................... 14 Stage 4 Response -- CRITICAL Water Shortage Conditions................................... 155 Stage 5 Response – EMERGENCY Water Shortage Conditions ............................ 166 Stage 6 Response -- CATASTROPHIC Water Shortage Conditions......................... 16 CATASTROPHIC Water Allocation Plan ............................................................ 17 CATASTROPHIC Notification of Emergency Service Providers......................... 18 Section XI: Enforcement................................................................................................ 20 Section XII: Variances................................................................................................. 211 Appendix A: Water System Information....................................................................... 222

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 3 of 22 Section I: Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity of public water system (PWS) supply facilities, with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Grass Valley hereby adopts the following regulations and restrictions on the delivery and consumption of water through this Water Shortage Contingency Plan (Plan).

Water uses regulated or prohibited under this Plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water subjecting the offender(s) to penalties as defined in Section XI of the Plan.

Section II: Public Involvement
Opportunity for the public to provide input into the preparation of the Plan was provided by the City of Grass Valley by means of a properly noticed Board meeting on June 27, 2023. Final adoption of the Plan occurred at a properly noticed Board meeting on June 27, 2023.

Section III: Public Education
The City of Grass Valley will make information about the Plan available on its website, including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage, including but not limited to the value of water, sources of water being used, methods and opportunities for conservation. Detailed information on public education is provided in Section X of the Plan.

Section IV: Coordination with Regional Water Planning Groups The City of Grass Valley receives raw water and potable water from Nevada Irrigation District (NID). The City of Grass Valley coordinates with NID to plan for water supply and demand concerns.

Section V: Authorization
The Utilities Director, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The Utilities Director, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The contact information for Utilities Director is: (530)274-4371 and via email at [email protected].

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 4 of 22 Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and properties utilizing water provided by the City of Grass Valley. The terms “person” and “customer” as used in the Plan may include individuals, corporations, partnerships, associations, and all other legal entities.

Section VII: Definitions
For the purposes of this Plan, the following definitions shall apply:

Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens.

Commercial and Institutional water use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as schools, hospitals, clinics, retail establishments, hotels and motels, restaurants, and office buildings.

Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses.

Customer: any person, company, or organization using water supplied by City of Grass Valley.

Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.

Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.

Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value.

Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way and medians.

Non-essential water use: water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 5 of 22 (c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate fire protection;
(e) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than firefighting or hauling water for a domestic water use.

Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 6 of 22 Section VIII: Summary of Drought Response Stages and Response Actions The Utilities Director, or designee, shall monitor water supply and/or demand conditions and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” are reached.

The triggering and termination criteria described in subsequent sections of this document are based on:
 Projected drought conditions on Department of Water Resources (DWR) California Water Watch Tool (https://cww.water.ca.gov)
 County, State or Federal Drought Emergency Orders
 Emergencies such as fire, earthquake, etc. resulting in potential water outages The response actions described in subsequent sections of this document are based on the following general precepts:
 Source capacity augmentation is proposed with the City of Grass Valley intertie and decreasing water loss through enhanced operational and maintenance changes. In more critical cases, source capacity may be increased by drilling of a shared well with the City of Grass Valley and/or a provision of hauled or bottled water in cases of natural disasters.
 Conservation techniques employed include progressively implementing more strict water use policies, primarily focused on outdoor irrigation and increasingly restrictive water use in business functions. In natural disaster type scenarios, water supplies are limited based on a per capita per day scenario.  Notification of the public is performed in a variety of ways to ensure drought messaging is received by the residents. Depending on the severity of the drought stage, this may include messages on City of Grass Valley’s website and social media to house-to-house outreach services performed with community service groups. Whenever possible, messages will be provided in English and Spanish.

Messaging will also be highly coordinated with the City of Grass Valley since water sharing may occur through the intertie at higher response stages.  City of Grass Valley will coordinate with a variety of agencies, including, County Environmental Health, State Water Board’s Division of Drinking Water, and NID.

In the event of severe water shortages, City of Grass Valley will also coordinate with County Public Health to support County registered vulnerable persons, County Offices of Emergency Services (OES), CalWARN, community partners and critical users.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 7 of 22 Section IX: Drought Response Triggers
The drought response triggers and terminations discussed below provides details on when varying levels of drought responses, further discussed in Section X, will be implemented and then subsequently terminated. The City of Grass Valley may choose to make modifications to the triggers and terminations depending on realtime scenarios.

Stage 1 Triggers -- Water Shortage WATCH Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when there is a projected lack of normal regional rain patterns, the DWR Water Watch drought map1 shows moderate drought conditions in our zip code, City of Grass Valley initiates voluntary conservation measures, or NID proposes area-wide voluntary conservation measures.

Requirements for termination
Stage 1 of the Plan may be rescinded when all conditions cease to exist.

Stage 2 Triggers -- Water Shortage WARNING Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when the City of Grass Valley initiates Stage 2 drought response measures, NID recommends Stage 2 drought response measures, or the DWR Water Watch drought map shows severe drought conditions in our zip code.

Requirements for termination
Stage 2 of the Plan may be rescinded when all conditions cease to exist. Upon termination of Stage 2, Stage 1 becomes operative unless otherwise specified.

Stage 3 Triggers – ACUTE Water Shortage Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when the City of Grass Valley initiates Stage 3 drought response measures, NID recommends Stage 3 drought response measures, or DWR’s California Water Watch drought maps

1 https://cww.water.ca.gov/

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 8 of 22 shows extreme drought conditions in our zip code.

Requirements for termination
Stage 3 of the Plan may be rescinded when all conditions cease to exist. Upon termination of Stage 3, Stage 2 becomes operative unless otherwise specified.

Stage 4 Triggers -- CRITICAL Water Shortage Conditions
Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when the City of Grass Valley initiates Stage 4 drought response measures, NID recommends Stage 4 drought response measures, or a County, State or Federal Drought Emergency is declared.

Requirements for termination
Stage 4 of the Plan may be rescinded when all conditions cease to exist. Upon termination of Stage 4, Stage 3 becomes operative unless otherwise specified.

Stage 5 Triggers -- EMERGENCY Water Shortage Conditions Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when the City of Grass Valley initiates Stage 5 drought response measures, or NID recommends Stage 5 drought response measures.

Requirements for termination
Stage 5 of the Plan may be rescinded when all conditions cease to exist. Upon termination of Stage 5, Stage 4 becomes operative unless otherwise specified.

Stage 6 Triggers – CATASTROPHIC Water Shortage Conditions Requirements for initiation
Customers shall be required to comply with the restrictions on certain nonessential water uses provided in Section X of this Plan when the City of Grass Valley initiates Stage 6 drought response measures, or NID recommends Stage 6 drought response measures. Triggers may also include earthquakes resulting in significant infrastructure damage, emergency conservation needed for fire protection, or other actual or threatened catastrophic water infrastructure failure as determined by the Utilities Director, or designee.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 9 of 22 Requirements for termination
Stage 6 of the Plan may be rescinded when all the conditions have ceased to exist and coordination with the health and safety authorities have indicated that the water source and distribution system is safe. Upon termination of Stage 6, Stage 5 becomes operative unless otherwise specified.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 10 of 22 Section X: Drought Response Stages and Actions
The Utilities Director, or designee, shall monitor water supply and/or demand conditions on a monthly basis and, in accordance with the triggering criteria set forth in Section IX of this Plan, shall determine if a water shortage condition exists and the severity of any such water shortage conditions (e.g., 1-Watch, 2-Warning, 3-Acute, 4-Critical, 5- Emergency, 6-Catastrophic Water Loss), and shall implement the following notification procedures accordingly:

Notification
Description of Customer Notification Methods:

The Utilities Director, or designee, shall notify the public by means of one of the following Methods:
 Method 1: Notice on City of Grass Valley website and social media outlets  Method 2: Notice in The Union newspaper
 Method 3: Notice to local Spanish and English-speaking radio stations  Method 4: Email to customer listing
 Method 5: Direct Mail to each customer, in bill or flyer format  Method 6: Personal phone calls to hospital, elder care facility and school district  Method 7: Door to door outreach in low-income, elderly communities, County registered vulnerable residents, residences with high usage, and/or parts of the distribution system impacted by emergency
 Method 8: County Emergency Messaging text alert
City of Grass Valley has a 3% Spanish speaking population, therefore Methods 1, 3, 4, 5 and 7 shall be provided in both English and Spanish.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 11 of 22 Public Safety Contacts:

The Utilities Director, or designee, shall notify directly the following individuals and entities of restrictions and water shortages, as defined in the subsections below, as appropriate for each response stage.

Organization or
Department Name & Position Telephone Email
Fire
Department
Mark Buttron
Fire Chief
(530) 274-
4380
markb@cityofgrassvalley.
com
City of
Grass
Valley
Tim Kiser,
City Manager
(530) 274-
4312
timk@
cityofgrassvalley.com
County
Office of
Emergency
Services
Operator (800)852-
7550
[email protected]
ov
County Env.

Health
Agency
Nevada County EH (530)265-
1222
env.health@nevadacount
yca.gov
County
Public
Health
Nevada County
PH
(530)265-
1450
publichealth@nevadacou
ntyca.gov
CalWARN
Contact
Lisa Deklinski,
Region IV Contact
(916)808-
1309 [email protected]
State Water
Board District
Engineer
Kooshiar Vaghefi,
District Engineer
(916) 327-
9848
Kooshiar.Vaghefi@Water
boards.ca.gov
Critical
Water User:

SNMHospital
Josh Shearer,
Emergency
Management
(530)274-
6881
Critical
Water User:

Schools
Andrew Withers,
Superintendent
(530) 273-
4483 Ext.
2007
[email protected]
NID
Chip Close,
Operations
Director
(530) 271-
6884
opsdepartment@nidwater.
com

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 12 of 22 Support Services Contacts:

The following is a listing of support services that may be appropriate for a water shortage emergency.

Organization
or
Department2
Company &
Name Phone Email
Water Hauler H2O to Go 530-432-
8440 [email protected]
Bottled Water
Vendor Brookcrest 916-441-7261 [email protected] Storage Tank
Vendor Rain for Rent 800-742-7246
Community
Service Partners:

Red Cross
Red Cross
Northern
California
Chapter
530-673-
1460

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 13 of 22 Drought Responses Actions:

Stage 1 Response -- Water Shortage WATCH Conditions
Actions include normal rules and regulations plus those listed below Target: Achieve a voluntary 10% percent reduction in total monthly water usage.

Best Management Practices for Supply Management:
(a) Request customers to limit outdoor irrigation to every other day. (b) Request fire department limit practices drills and hydrant flow testing (c) Test intertie with NID to ensure that it is operational. (d) Leak repair receives higher priority.

Stage 2 Response -- Water Shortage WARNING Conditions
Target: Achieve a 20% percent reduction in total monthly water usage.

Best Management Practices include Stage 1 plus those listed below:

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 14 of 22 (a) Outdoor irrigation is limited to every other day and a maximum of three days per week.
(b) Odd address numbers can irrigate outdoors on Tuesday, Thursday, and Saturday.
(c) Even address numbers can irrigate outdoors on Wednesday, Friday, and Sunday.
(d) Customers shall adjust irrigation controllers to reduce usage for each zone by 20 percent.
(e) Corresponding to Fall Daylight Saving Time, customers shall strive to limit outdoor irrigation to only once per week.
(f) Communicate 20 percent mandatory reduction requirement to customers. (g) Decrease flushing from regular flushing routine to only as needed for public health and safety.

Enforcement Measures:
• A written warning will be issued for a first violation. • An imposed fine of up to $500 each day for subsequent violations. • Similar penalties, fines, and charges may be implemented by the City as needed to enforce the restrictions on specific prohibited water uses.

Stage 3 Response -- ACUTE Water Shortage Conditions
Target: Achieve a 30% percent reduction in total weekly water usage.

Best Management Practices include Stages 1 & 2 plus those listed below:
(a) Outdoor irrigation is limited to two days per week. (b) Odd address numbers can irrigate outdoors on Thursday and Sunday. (c) Even address numbers can irrigate outdoors on Wednesday and Saturday.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 15 of 22 (d) Customers shall adjust irrigation controllers to reduce usage for each zone by 30 percent.
(e) Irrigation of ornamental turf in public street medians with treated water is prohibited.
(f) Communicate 30 percent mandatory reduction requirement to customers.

Stage 4 Response -- CRITICAL Water Shortage Conditions
Target: Achieve a 40% percent reduction in total daily water usage.

Best Management Practices include Stages 1 - 3 plus those listed below:
(a) Outdoor irrigation is limited to one day per week.
(b) Customers shall adjust irrigation controllers to reduce usage for each zone by 40 percent.
(c) Communicate 40 percent mandatory reduction requirement to customers.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 16 of 22 Stage 5 Response – EMERGENCY Water Shortage Conditions
Target: Achieve a 50% percent reduction in total daily water usage.

Best Management Practices include Stages 1 - 4 plus those listed below:
(a) Outdoor irrigation is prohibited.
(b) Communicate 50 percent mandatory reduction requirement to customers.

Stage 6 Response -- CATASTROPHIC Water Shortage Conditions Target: Achieve >50% percent reduction in total daily water usage or implement allocation plan requirements depending on situation.

Best Management Practices include Stages 1 - 5 plus those listed below:
(a) Health and safety use of water only.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 17 of 22 CATASTROPHIC Water Allocation Plan
In the event that water shortage conditions threaten public health, safety, and welfare, the Utilities Director, or designee, is hereby authorized to allocate water according to the following water allocation plan:

Single-Family Residential Customers
The allocation to residential water customers residing in a single-family dwelling shall be as follows:

Persons per Household Gallons per Month
1 or 2 <3,000
3 or 4 <6,000
5 or 6 <9,000
7 or greater Requires written verification of any
household usage greater than 9,000
gallons per month. Allowable usage will
be calculated using 47 gallons per person
per day.
“Household” means the residential premises served by the customer’s meter. The above is based on 473 gallons per person per day with all outdoor uses prohibited except by public safety officers (e.g. fire personnel, etc.) Additional decreases to the table may be required for short-term emergency response to earthquakes, fires, etc. Any short-term decrease (defined as less than 72 hours) will be determined by the Utilities Director along with provision for alternative water supplies for any period of water outage greater than 10 hours.

Any conservation decreases to below 47 gallons per person per day, for greater than 72 hours, requires a properly noticed Council meeting (regular or special) for public input and Council adoption.

Master-Metered Multi-Family Residential Customers
The allocation to residential water customers billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes, etc.) shall be allocated the same as single-family residential customers.

Commercial Customers
A monthly water allocation shall be established by the Utilities Director, or designee, for each commercial water customer who uses water for processing

3 Based on Water Code Section 10609.4 for standard indoor residential water use starting in 2025. This attempts to ensure efficient indoor water recognizing the severity of the drought while maintaining standard sanitation practices, if possible.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 18 of 22 purposes. The allocation to commercial water customers shall be as follows: 40% of monthly water usage and no irrigation. All restaurants shall only provide water upon request, hotels must only wash linens upon exit of customers, and all commercial establishments must post drought conservation messaging.

Industrial Customers
City of Grass Valley does not have industrial customers.

Public Notification Regarding Access to Alternative Water Supplies:

Methods: 1, 2, 3, 4, 5 (flyer/door hanger), 6, 7 and 8 will be utilized to inform residents of the location of alternative water and sanitation access and availability of additional services for the elderly/disabled or those without transportation.

American Red Cross and Rotary Club volunteers will also be utilized to provide flyers to homes.

All handout materials will be provided in both English and Spanish. Templates have been pre-prepared and can be immediately printed if needed.

CATASTROPHIC Notification of Emergency Service Providers If adequate water supply will potentially become unavailable for fire response, medical services, public services, etc., then the following emergency providers will be notified as soon as possible to ensure that adequate planning, response and assistance may be provided:

Local Fire Agency: Shall be contacted immediately when any water outages are believed to be potentially imminent or is occurring in any part of the distribution system.

Critical Service Providers (e.g., hospital, school, elder care, etc.): The hospital, elder care facility and school district shall be immediately contacted when any water outage is believed to be potentially imminent or is occurring in the distribution system that may in any way impact that user. These users, in City of Grass Valley, should have backup plans for water provision and hauling that must be implemented immediately.

State Water Board and/or County Environmental Health: The State Water Board’s Division of Drinking Water and the County Environmental Health shall be contacted when any water outage is believed to be potentially imminent or is occurring in the distribution system.

County Office of Emergency Services: The County Office of Emergency Services may be contacted when any water outage is believed to be potentially imminent or is occurring in the distribution system as the result of a natural disaster and/or

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 19 of 22 additional County or State support is needed.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 20 of 22 Section XI: Enforcement
(a) No person shall knowingly or intentionally allow the use of water from this water system for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by Utilities Director, or designee, in accordance with provisions of this Plan.
(b) Any person, including a person classified as a water customer of the water system, in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation.
(c) Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is in repeated violation of this Plan, the City of Grass Valley shall, upon the second warning notice to the customer, be authorized to provide a financial penalty of up to $250 per day.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 21 of 22 Section XII: Variances
The Utilities Director, or designee, may grant, in writing, a temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use.

Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the water system within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the Utilities Director, or designee, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information.

A decision on the variance request will be returned to the customer within no more than 5 business days.

While submittal of a variance is required, the following exemptions are pre-approved:

1. Use of a residential swamp cooler on days where the ambient temperature is greater than 80⁰ F for residents that can demonstrate a medical need.

2. Use of water for the operation of a medical support device needed by a resident.

Item # 12.

Water Shortage Contingency Plan for City of Grass Valley Page 22 of 22 Appendix A: Water System Information
The city of Grass Valley provides water to approximately 4,947 residential customers, schools, shopping centers, and restaurants. The City of Grass Valley obtains its raw water from NID and also has a potable water intertie with NID.

Annually, the water system utilizes approximately 350 million gallons. The maximum monthly usage typically occurs in August with a production of approximately 43 million gallons. Total treatment capacity is 5MGD.

The distribution system is entirely gravity-fed and consists of two pressure zones: Zone 1, and Zone 2. Zone 1 serves approximately 90% of the service connections and Zone 2 serves approximately 10% of the service connections.

In 2009, the City of Grass Valley installed a potable water intertie to NID. This intertie has been used approximately once per year since that time, typically when the City of Grass Valley performs maintenance of its treatment facility.

Item # 12.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Adopt ten Resolutions confirming diagram and assessment and levying assessment, and requesting the County Auditor-Controller to place assessment on tax roll for FY 2023-24 Landscaping and Lighting Districts (LLD) and Benefit Assessment Districts (AD)
Recommendation: After conducting the public hearing, adopt resolutions related to the Commercial (District No. 1988-1) Landscaping and Lighting Districts, as follows:
1) Resolution No. 2023-32 Confirming Diagram and
Assessment and Levying Assessment for FY 2023-24
Assessment District No. 1988-1.
2) Resolution No. 2023-33 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and
Lighting District No. 1988-1.

Adopt resolutions related to the Residential (District No. 1988- 2) Landscaping and Lighting Districts as follows:
3) Resolution No. 2023-34 Confirming Diagram and
Assessment and Levying Assessment for FY 2023-24
Assessment District No. 1988-2.
4) Resolution No 2023-35 Requesting the County Auditor to Place Assessment on Tax Roll-Landscaping and Lighting
District No. 1988-2.

Adopt resolutions related to the Morgan Ranch Unit 7 (District 2003-1) Assessment District as follows:
5) Resolution No 2023-36 Confirming Diagram and
Assessment and Levying Assessment for FY 2023-24
Assessment District No. 2003-1.
6) Resolution No. 2023-37 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-Unit 7
Benefit Assessment District No. 2003-1.

Item # 13.

Adopt resolutions related to the Morgan Ranch West (District 2010-1) Assessment District as follows:
7) Resolution No. 2023-38 Confirming Diagram and
Assessment and Levying Assessment for FY 2023-24
Assessment District No. 2010-1.
8) Resolution No. 2023-39 Requesting the County Auditor to Place Assessment on Tax Roll - Morgan Ranch-West
Assessment District No 2010-1.

Adopt resolutions related to the Ridge Meadows (District 2016- 1) Assessment District as follows:
9) Resolution No. 2023-40 Confirming Diagram and
Assessment and Levying Assessment for FY 2023-24
Assessment District No. 2016-1.
10) Resolution No. 2023-41 Requesting the County Auditor to Place Assessment on Tax Roll – Ridge Meadows
Assessment District No 2016-1.

Prepared by: Andy Heath
Council Meeting Date: 06/27/2023 Date Prepared: 06/22/2023 Agenda: Public Hearing

Discussion:

The actions noted above complete the process for levying the annual assessments for the above districts. The assessments are related to costs described in the Engineer’s report and are collected in two installments at the same time as property taxes. Some of the assessments have been increased by up to 6.0% for FY 2023-24 consistent with the Consumer Price Indexes for Pacific Cities – West for February 2023. Some districts assessments will also be utilizing existing fund balances to cover a portion of costs.

For Whispering Pines, the assessment spread uses two different factors to determine individual lot assessments. Based on the two factors, the Engineering Department has proposed a total assessment spread of $29,100.30 for FY 2023-24. The assessment spread was $27,453.70 for FY 2022-23.

For Litton Business Park, the initial assessment spread created a yearly assessment per development area of $480. It is the intent that upon full build-out that each development area of the entire project share equally in all Landscaping and Lighting District expenses. The Engineering Department has proposed an assessment value of $344.80 per development area for FY 2023-24 creating a total assessment spread of $6,550.50.

Item # 13.

For Morgan Ranch, the Engineering Department has proposed a total assessment spread in the amount of $28,416.00. Based on the total build-out number of parcels, and the total assessment needed for FY 2023-24, the levy will be $74.00 per dwelling unit. The assessment spread was $26,810.88 for FY 2022-23.

For Ventana Sierra, the Engineering Department has proposed a total assessment spread in the amount of $3,389.98. Based on the total number of parcels in Ventana Sierra, and the total assessment needed for FY 2022-23, the levy will be $178.42 per dwelling unit. The assessment spread was $3,199.98 for FY 2022-23.

For Scotia Pines, the Engineering Department has proposed a total assessment spread in the amount of $4,488.00. Based on the total number of parcels in Scotia Pines, and the total assessment required for FY 2023-24, the levy will be $81.60 per dwelling unit. The assessment spread was $4,233.90 for FY 2022-23.

For Morgan Ranch West L&L, the Engineering Department has proposed a total assessment spread in the amount of $500.00. Based on the total number of parcels in Morgan Ranch West L&L, and the total assessment required for FY 2023-24, the levy will be $20.00 per dwelling unit, unchanged from FY 2022-23.

For Ridge Meadows L&L, the Engineering Department has proposed a total assessment spread in the amount of $8,000.14. Based on the total number of parcels in Ridge Meadows L&L and the total assessment required for FY 2023-24, the levy will be $216.22 per dwelling unit, unchanged from FY 2022-23.

For Morgan Ranch-Unit 7 AD, the Engineering Department has proposed a total assessment spread in the amount of $480.00. Based on the total number of parcels in Morgan Ranch Unit 7, and the total assessment required for FY 2023-24, the levy will be $20.00 per dwelling unit, unchanged from FY 2022-23.

For Morgan Ranch West AD, The Engineering Department has proposed a total assessment spread in the amount of $750.00. Based on the total number of parcels in Morgan Ranch West, and the total assessment required for FY 2023-24, the levy will be $30.00 per dwelling unit, unchanged from FY 2022-23.

For Ridge Meadows AD, the Engineering Department has proposed a total assessment spread in the amount of $700.04. Based on the total number of parcels in Ridge Meadows AD and the total assessment required for FY 2023-24, the levy will be $18.92 per dwelling unit, unchanged from FY 2022-23.

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

Item # 13.
for some Districts while other Districts will be utilizing fund balance or leaving amounts the same as the prior year.

Funds Available: NA Account #: NA
Reviewed by: City Manager
Attachments:

Resolutions (10)
Engineer’s Reports (5)

Item # 13.

RESOLUTION NO. 2023-32

RESOLUTION CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2023-24 LANDSCAPING AND LIGHTING DISTRICT NO. 1988-1
(Commercial Landscaping and Lighting District,
Whispering Pines and Litton Business Park)
(Pursuant to the Landscaping and Lighting Act of 1972)
The City Council of the City of Grass Valley resolves:

1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed Bjorn Jones, P.E., Engineer of Work for Assessment District No. 1988-1, to prepare and file an annual report for fiscal year 2023-24.

2. The Engineer of Work filed his annual report on June 13, 2023, and the City Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2023-24 and set a public hearing to be held on June 27, 2023, at the Grass Valley Council Chambers, Grass Valley, California. Notice of the hearing was given in the time and manner required by law.

3. At the public hearing, the City Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the City Council has considered each protest.

4. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2023-24.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a regular meeting thereof held on the 27th 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 # 13.

RESOLUTION NO. 2023-33

RESOLUTION REQUESTING THE COUNTY AUDITOR TO PLACE

ASSESSMENTS ON THE TAX ROLL
LANDSCAPING AND LIGHTING DISTRICT NO. 1988-1
(COMMERCIAL DISTRICT, WHISPERING PINES AND LITTON BUSINESS PARK) The City Council of the City of Grass Valley resolves:

On June 27, 2023, the City Council adopted Resolution No. 2023-XX, Resolution Confirming Diagram and Assessment and Levying Assessment for Fiscal Year 2023-24 for the Landscaping & Lighting District No. 1988-1, (Commercial District, Whispering Pines and Litton Business Park), City of Grass Valley, County of Nevada, State of California. In accordance with the provisions of Section 22641 of the Streets and Highways Code, the City Clerk forwarded to the County Auditor of the County of Nevada a Clerk's Certification to the County Auditor, a copy of which is attached hereto as Exhibit A and made a part hereof, and has provided the information necessary to place the annual assessment in said district on the 2023-24 tax roll.

The City Council hereby requests that the County Auditor place the assessments on said tax roll. The City Council understands that costs for this service will be charged in accordance with the "Standard Form Tax Collection Services" contract between the City of Grass Valley and the County of Nevada.

The City Clerk is hereby requested to forward a copy of this resolution to the County Auditor of the County of Nevada.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a regular meeting thereof held on the 27th 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 # 13.

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 # 13.

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 # 13.

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 # 13.

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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 # 13.

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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 # 13.

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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 # 13.

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
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Item # 13.

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
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Item # 13.

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
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Item # 13.

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
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Item # 13.

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)
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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.

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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.

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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.

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ZONE 1 - WP

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ZONE 1 - WP

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ZONE 1 - WP

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ZONE 2 - LITTON

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ZONE 2 - LITTON

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ZONE 2 - LITTON

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ZONE 2 - LITTON

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ZONE 2 - LITTON

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ZONE 2 - LITTON

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ZONE 2 - LITTON

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RESOLUTION NO. 2023-34

RESOLUTION CONFIRMING DIAGRAM AND
ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2023-24 LANDSCAPING AND LIGHTING DISTRICT NO. 1988-2
(Pursuant to the Landscaping and Lighting Act of 1972)
(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. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed Bjorn Jones, P.E., Engineer of Work for Assessment District No. 1988-2, to prepare and file an annual report for fiscal year 2023-24.

2. The Engineer of Work filed his annual report on June 13, 2023, and the City Council adopted its resolution of intention to levy and collect assessments within the assessment district for fiscal year 2023-24 and set a public hearing to be held on June 27, 2023, at the Grass Valley Council Chambers, Grass Valley, California. Notice of the hearing was given in the time and manner required by law.

3. At the public hearing, the City Council afforded to every interested person an opportunity to make a protest to the annual report either in writing or orally, and the City Council has considered each protest.

4. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth therein for fiscal year 2023-24.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a regular meeting thereof held on the 27th 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 # 13.

RESOLUTION NO. 2023-35

RESOLUTION REQUESTING THE COUNTY AUDITOR TO PLACE

ASSESSMENTS ON THE TAX ROLL
LANDSCAPING AND LIGHTING DISTRICT NO. 1988-2
(RESIDENTIAL LANDSCAPING AND LIGHTING – MORGAN RANCH,

VENTANA SIERRA, SCOTIA PINES,MORGAN RANCH WEST AND RIDGE MEADOWS) The City Council of the City of Grass Valley resolves:

On June 27, 2023, the City Council adopted Resolution No. 2023-XX Resolution Confirming Diagram and Assessment and Levying Assessment for Fiscal Year 2023-24 for the Landscaping & Lighting District No. 1988-2, (Residential Landscaping and Lighting District - Morgan Ranch, Ventana Sierra, Scotia Pines, Morgan Ranch West and Ridge Meadows), City of Grass Valley, County of Nevada, State of California. In accordance with the provisions of Section 22641 of the Streets and Highways Code, the City Clerk forwarded to the County Auditor of the County of Nevada a Clerk's Certification to the County Auditor, a copy of which is attached hereto as Exhibit A and made a part hereof, and has provided the information necessary to place the annual assessment in said district on the 2023-24 tax roll.

The City Council hereby requests that the County Auditor place the assessments on said tax roll. The City Council understands that costs for this service will be charged in accordance with the "Standard Form Tax Collection Services" contract between the City of Grass Valley and the County of Nevada.

The City Clerk is hereby requested to forward a copy of this resolution to the County Auditor of the County of Nevada.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a regular meeting thereof held on the 27
th 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