GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, November 14, 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/@cityofgrassvalley.com
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.
Please note, individuals who disrupt, disturb, impede, or render infeasible the orderly conduct of a meeting will receive one warning that, if they do not cease such behavior, they may be removed from the meeting. The chair has authority to order individuals removed if they do not cease their disruptive behavior following this warning. No warning is required before an individual is removed if that individual engages in a use of force or makes a true threat of force. (Gov. Code, § 54957.95.)
City of Grass Valley, CA AGENDA November 14, 2023
Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order to accomplish business in the most efficient manner.
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. 32nd Annual Toy Run Proclamation
2. National Hospice and Palliative Care Month Proclamation
3. Habitat for Humanity Funding Award Presentation
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after 5pm will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item. There is a time limitation of three minutes per person for all emailed, voicemail, or in person comments, and only one type of public comment per person. For any items not on the agenda, and within the jurisdiction or interest of the City, please come to the podium at this time. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item is announced. When recognized, please begin by providing your name and address for the record (optional).
CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action but Council action is required to do so (roll call vote).Unless the Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person.
4. Approval of the Regular Meeting Minutes of October 24th, 2023.
Recommendation: Council approve minutes as submitted.
5. Appointment of Councilmember Branstrom’s Nominee, Jacob Cooke, for the Measure E Oversight Committee
CEQA: Not a Project
Recommendation: That the City Council appoint Measure E Oversight Committee member Cooke to a term ending December 2024.
City of Grass Valley, CA AGENDA November 14, 2023
6. Fourth Amended Employment Agreement with City Manager Tim Kiser CEQA: Not a project
Recommendation: That Council approve the Fourth Amended Employment Agreement with City Manager, Tim Kiser.
7. Public Works purchase of WWTP grit removal equipment at a total cost of $152,300.14 CEQA: Not a project
Recommendation: Council to authorize the Utilities Director to purchase WWTP grit removal equipment from MISCOwater
8. Memorandum of Understanding between the City of Grass Valley and County of Nevada Environmental Health Department for inspection services related to SB 1383.
CEQA: Not a Project
Recommendation: That Council 1) review the attached Memorandum of Understanding (MOU) with the County of Nevada; 2) adopt Resolution No. 2023–63 approving the Memorandum of Understanding (“MOU”) between the County of Nevada (“County”) and the City of Grass Valley (“City”); and 3) authorize the Mayor execute MOU, subject to legal review.
9. Resolution to execute a contract with Northern Sierra Air Quality Management District and accept AB 2766 DMV Surcharge Funds.
CEQA: Not a Project
Recommendation: That Council 1) review the attached contract with Northern Sierra Air Quality Management District (NSAQMD); 2) adopt Resolution No. 2023–64 accepting the contract between NSAQMD and the City of Grass Valley; and 3) authorize the City Manager to be delegated the authority to conduct all negotiations, sign and submit all documents, including, but not limited to applications agreements, amendments, and payment request, which may be necessary for the completion of the grant scope, subject to legal review.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
ADMINISTRATIVE
BRIEF REPORTS BY COUNCIL MEMBERS
ADJOURN
POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, November 14, 2023 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Thursday, November 9, 2023.
________________________
Taylor Day, City Clerk
PROCLAMATION
HONORING THE NEVADA COUNTY 32
nd ANNUAL FOOD AND TOY RUN
Whereas, the Nevada County Food and Toy Run this year celebrates its 32 nd anniversary of
bringing motorcyclists to the Gold Country on Saturday December 9 th, 2023
Whereas, since its inception in 1991, the Nevada County food and Toy Run has gained the reputation as the safest Toy Run in Northern California, and one that has never changed its date or been canceled; and
Whereas, over the last 32 years, the Nevada County Food and Toy Run has gained the trust and support of the cities of Grass Valley and Nevada City the Nevada County Board of Supervisors and all branches of local law enforcement; and
Whereas, The Nevada County food and Toy Run is both the Head Start single biggest event of making sure their families have a Christmas with food and toys, as well as many local community families, for all; and
Whereas, the Nevada County Food and Toy Run was the first Toy Run to have the families there, so the motorcyclists could watch their toys being picked up by the kids which has become the highlight for most of the riders; and
Whereas, the Thirty-second annual Nevada County Food & Toy Run will be held December 9, 2023. 1,500 motorcyclist will be escorted from the Eric Rood Center, through Nevada City and Grass Valley, and end up at the Nevada County Fairgrounds to celebrate the event. The toy run is expecting six to seven hundred families to receive a holiday meal, gifts and extra food.
Whereas, the Nevada County Food and Toy Run Board of Directors thank the City of Grass Valley for helping to restore the traditional route of the Toy Run, and thank the partnerships with Interfaith Food Ministries, The Nevada County Food Bank and several local grocery stores and businesses, as well as the community for their donations and support, Now, Therefore, by the Mayor and Council of the City of Grass Valley, that the individuals involved with the Toy Run to be recognized for their efforts in providing food and toys to needy families during the Holiday Season. Dated this 14th day of November 2023 Dated this 14th day of November 2023
_____________________________ _____________________________ Jan Arbuckle, Mayor Hilary Hodge, Vice Mayor
________________________________
Bob Branstrom, Council Member
____________________________ _____________________________ Haven Caravelli, Council Member Thomas Ivy, Council Member
Item # 1.
PROCLAMATION
National Hospice and Palliative Care Month – November 2023 WHEREAS, for more than 40 years, hospice has helped provide comfort and dignity to millions of people, allowing them to spend their final months at home, surrounded by their loved ones; WHEREAS, the hospice model involves an interdisciplinary, team-oriented approach to treatment, including expert medical care, quality symptom control, and comprehensive pain management as a foundation of care; WHEREAS, beyond providing physical treatment, hospice attends to the patient’s emotional, spiritual and family needs, and provides family services such as respite care and bereavement counseling; WHEREAS, since its conception, the hospice benefit’s holistic approach has helped patients prepare for and face death, and their loved ones carry on supported in the wake of it; WHEREAS, palliative care improves quality of life and offers relief from pain, can be provided at any time during an illness, and hospices are some of the best providers of community-based palliative care; WHEREAS, in an increasingly fragmented and broken healthcare system, hospice is one of the few sectors that demonstrates how healthcare can – and should – work at its best for its patients; WHEREAS, 1.72 million Medicare beneficiaries living with life-limiting illness and their families received care from the nation’s hospice programs in communities throughout the United States in 2020; WHEREAS, hospice and palliative care organizations are advocates and educators about advance care planning that helps individuals make decisions about the care they want; WHEREAS, the central philosophy of hospice care puts patients first, ensuring a coordinated and personcentered approach to care, protecting patient choice and access to individualized services based on a patient’s unique care needs and wishes.
WHEREAS, given our universal mortality, hospice is a valuable benefit for all Americans and their loved ones.
NOW, THEREFORE, by the Mayor and Council of the City of Grass Valley, do hereby proclaim November 2023 as National Hospice and Palliative Care Month and encourage citizens to increase their understanding and awareness of care at the end of life, discuss their end of life wishes with their families, and observe this month with appropriate activities and programs.
Dated this 14th day of November 2023
_____________________________ _____________________________ Jan Arbuckle, Mayor Hilary Hodge, Vice Mayor
________________________________
Bob Branstrom, Council Member
____________________________ _____________________________ Haven Caravelli, Council Member Thomas Ivy, Council Member
Item # 2.
Habitat for
Humanity Funding
Award
November 14, 2023
Mike Dent, Director
Child Support, Housing and Community Services
Jennifer Cordova, Development Director
Nevada County Habitat for Humanity
Item # 3.
2 Loan #3: Owner Occupied Construction
• Background/Overview
• Project to Date
• Selection Process and Award to Habitat for Humanity
Item # 3.
3 Background:
• PLHA: created by the 2017 Building Homes and
Jobs Act – a.k.a SB2
• SB2 established a $75 recording fee on certain real
estate documents
• These funds provided a permanent source of
funding to all local governments to help cities and
counties implement plans to increase affordable
housing stock
• 2020- Western Nevada County Regional Housing
Trust Fund (WNCRHTF) formed to increase impact
of PLHA funds with County a lead agency.
Item # 3.
4 Background (cont.):
• Coordinate funding to make greater impact
• Increase the supply of housing for households at or
below 60% of area median income (80% for OOC
Projects)
• Increase assistance to affordable owner-occupied
workforce housing
• Assist persons experiencing or at risk of
homelessness
Item # 3.
5 Funding Sources for 2022 funds
(from year 2020) :
• Grass Valley: $225,493
• Nevada City: $136,870
• Nevada Co: $566,474
Total Funds: $928,837
Item # 3.
6 The PLHA Plan:
• Year 1 & 2: Emergency sheltering and
trust fund match
• Year 3 (current year): Sheltering, TF
match and OOC
• Year 4 & 5: Rental housing, OOC,
homelessness and navigation
Item # 3.
7 Projects so far…
Cashin’s Field Apartments
• First loan from WNCRHTF for
$1,575,000
• Authorized in May of 2021
• Leveraged special Fire Recovery
TCAC 9% earmarked to County for
Wind Complex Fire of 2017
• Leveraged Competitive PLHA
sponsored by City of Nevada City
• Project completed December
2022
Lone Oak Senior Apartments
• Second Loan for $1,000,240
• Authorized in May of 2023
• Funding coordinated with County
HOME Program Income and
Disaster Funding from Wind
Complex Fire.
• Has made first 9%TCAC
application in August 2023
Item # 3.
8 Third Project: OOC • $172,000 PLHA for OOC • Request for Proposal issued by Nevada County Purchasing
• Habitat for Humanity selected by
Selection committee
• Deed restricted for 30 years for 80% AMI • Forgivable loan • Follow similar terms at Habitat loans and traditional FTHB regulation
• Meet the Owner- Angela
Item # 3.
Questions?
Item # 3.
10
Item # 3.
GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, October 24, 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
Mayor Jan Arbuckle, Vice Mayor Hilary Hodge, Councilmember Bob Branstrom, Councilmember Haven Caravelli, Councilmember Tom Ivy
CALL TO ORDER
Meeting called to order at 7:02PM.
PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Mayor Arbuckle.
ROLL CALL
PRESENT
Councilmember Bob Branstrom
Councilmember Haven Caravelli
Councilmember Tom Ivy
Vice Mayor Hilary Hodge
Mayor Jan Arbuckle
AGENDA APPROVAL
Motion made to approve the agenda as submitted by Councilmember Branstrom, Seconded by Vice Mayor Hodge.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
REPORT OUT OF CLOSED SESSION
No reportable action.
PUBLIC COMMENT
In person: Dave Williams, Robin Galvin-Davies, Rachel Grivas, Judy Penrose, Brenda English, Aria Griffis, and Courtney Williams.
CONSENT ITEMS
Motion made to approve consent as submitted by Vice Mayor Hodge, Seconded by Councilmember Branstrom.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
1. Approval of the Regular Meeting Minutes of October 10, 2023.
Recommendation: Council approve minutes as submitted.
2. Approval of the Town Hall Meeting Minutes of October 10, 2023.
Recommendation: Council approve minutes as submitted.
3. Local Emergency Proclamation (Winter Storm of February 2023) CEQA: Not a project
Item # 4.
City of Grass Valley, CA MINUTES October 24, 2023
Recommendation: To continue the Winter Storm February 24th, 2023 to March 1st, 2023 proclamation declaring a Local State of Emergency
4. Local Emergency Proclamation (Drought Conditions)
CEQA: Not a Project.
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency
5. Job Description for Pop-Ups Coordinator
CEQA: Not a Project.
Recommendation: That Council approve a job description for a Pop-Ups Coordinator.
6. Downtown Streetscape Improvements Project – Budget Amendment CEQA: Exempt – Not a Project
Recommendation: That Council authorize the Finance Director to execute a budget amendment to reallocate $150,000 in funds to the Downtown Streetscape Improvements Project
ADMINISTRATIVE
7. Consider Resolution No. 2023-62 of the City Council of the City of Grass Valley calling an election on March 5, 2024, to consider a transactions and use tax for Fire Resiliency and Vegetation Management
CEQA: Not a Project.
Recommendation: That Council adopt Resolution No. 2023-62 of the City Council of the City of Grass Valley calling a special election on March 5, 2024, to consider a transactions and use tax, requesting to consolidate the elections with other elections the Registrar of Voters is to administer on March 5, 2024, and authorizing the City Clerk to perform all other acts necessary or required by law to implement this Resolution and related to the Special Election.
City Attorney, David Ruderman, announced a change to the Resolution number and changes to the Resolution. City Manager, Tim Kiser, gave brief presentation to Council.
Public Comment: Brenda English, Robin Galvin-Davies, Judy Penrose, Larry Hoffman.
Council asked for clarification on the use of the phrase "fiscal emergency", and asked for more collaboration with Nevada County and Nevada City. Council asked Staff to communicate with Nevada County and Nevada City to discuss property fire insurance and how, working together, rates may be better controlled.
Motion made to adopt Resolution No. 2023-62 of the City Council of the City of Grass Valley calling a special election on March 5, 2024, to consider a transactions and use tax, requesting to consolidate the elections with other elections the Registrar of Voters is to administer on March 5, 2024, and authorizing the City Clerk to perform all other acts necessary or required by law to implement this Resolution and related to the Special Election by Vice Mayor Hodge, Seconded by Councilmember Branstrom.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
8. Electric Vehicle Charging Stations
CEQA: Not a Project
Recommendation: That Council 1) receive an update on the City’s efforts to date on procuring electric vehicle (EV) charging stations; and 2) provide direction to staff on proceeding with a request for proposals.
City Manager, Tim Kiser, gave presentation to Council.
Item # 4.
City of Grass Valley, CA MINUTES October 24, 2023
Council discussed the need to reasonably priced EV chargers, the importance of independent charging stations as opposed to Tesla charging stations, discussed ebike charging and storage, asked for clarification on the difference between owning and leasing, asked if there are any local companies, asked if Truckee or Nevada City has installed EV chargers and how they have worked for them.
BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Caravelli enjoyed the lights downtown and announced the upcoming ERC Summit on 10/26. Councilmember Ivy attended the Solid and Hazardous Waste event and the Pioneer board meeting. Councilmember Branstrom volunteered at the NCCA career technical education events, partook in the Open Spaces event, attended a concert from In Concert Sierra, CalCities webinar, LAFCO conference, celebrated his mother 102 birthday, Ken Getz celebration of life, and attended the Jones Hospital plaque dedication. Vice Mayor Hodge participated in the Sac Cities League cornhole competition, attended the Mayors and Managers meeting and the Music in the Mountains fundraising Gala, and reminded the public about flu season. Mayor Arbuckle attended the GVDA mixer, a construction industry education meeting, the past chiefs dinner, the Jones Hospital plaque dedication, hosted Monday with the mayor, and reminded the public about the upcoming Memorial Park panels unveiling.
ADJOURN
Meeting adjourned at 8:48PM.
__________________________ ___________________________
Jan Arbuckle, Mayor Taylor Day, City Clerk
Adopted on: ____________________
Item # 4.
Item # 4.
Item # 4.
Item # 4.
Item # 4.
Item # 4.
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Grass Valley, CA 95945
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Item # 4.
Memorandum
1451 Quail Street, Suite 201
NEWPORT BEACH, CA 92660
TEL (949) 851-0995 FAX (949) 851-3059
Date: October 26, 2023
To: Grass Valley City Counsel – Public Hearing #4 – Fire and Vegetative Management Tax
From: Mesa Management, Inc. Manager Grass Valley Shopping Center Subject: Recommended Alternatives to Proposed Tax
Sent Via Email to [email protected]
Dear City Council Members ~
Mesa Management, Inc., and McKnight Crossing Shopping Center express gratitude to City staff for working with us on our Re-Imagine project to create a warm, inviting, destination so that people can enjoy an enhanced lifestyle experience.
There are two items we wish to share with the City Council. 1) We believe the new proposed tax increase will be an additional burden on local Grass Valley consumers and retail businesses at a time when local retail businesses and consumers are under extraordinary pressure due to inflation and the diminishing spending power of the dollar.
We believe that the added tax, although intended to raise revenue, will lead to higher prices in Grass Valley compared to surrounding communities, less sales due to the higher prices, and more retail sales leakage as customers flee Grass Valley to take their business to more lucrative surrounding communities.
2) We have evidence that in the past six months with the opening of just Target here at McKnight Crossing in Grass Vally, that Grass Valley has seen a projected increase in annual retail sales of just over $13 million. This was leakage that had left Grass Valley and the surrounding communities for Auburn. See attached chart data from Placer.ai Labs.
In summary, we believe by keeping taxes low, by encouraging redevelopment, by reducing costly regulations, dynamic retail businesses will come to Grass Valley and attract consumers from all over to travel to Grass Valley to enjoy the enhanced lifestyle while spending their money. This will increase the tax revenues to the City while benefiting all.
Regards,
Josh Recalde, Legislative Affairs
Mesa Management, Inc.
1451 Quail Street, Suite 200, Newport Beach, CA 92660
jrecalde@mesamanagement net www.mesamanagement net
Item # 4.
Supplementary Information
In the last HdL quarterly tax report, Target had not opened and was not in the Top 25 of Tax Contributors. And the Center was in the middle of our construction on a pathway to the vision the community is starting to see, with a Center Grand Opening in the spring.
The next HdL quarterly tax report is due out any day. What that will show is Target is now at the Top of the Top 25 Retail Tax contributors and is projected to alone contribute an incremental $500,000 a year in Retail Tax contributions.
That is a meaningful contribution to offset a fiscal emergency and provide necessary funds for Fire mitigation without the burden of additional taxes.
Target Grass Valley is performing well:
Below are several graphics to indicate the solid performance of Target in Grass Valley, out performing Target Auburn since launch earlier this your. This creates convenience, reduces trips and miles travelled, consistent with the City’s Strategic Goals, and creates meaningful jobs.
Thank you to the Grass Valley community and we are working hard to finalize our plans, introduce gathering spaces and put the final touches on the Center.
Observations:
We have recent data that shows Grass Valley Target is outperforming Auburn's Target.
We believe this captures a correction of “leakage” (Sales tax dollars leaving the City).
This indicates Grass Velley residents are no longer traveling to Auburn and spending their money and spending their money here in Grass Valley to generate substantial and sustainable Retail Tax Revenue.
This also fits in well with the City’s Strategic Plan to reduce trips and miles driven.
Item # 4.
Item # 4.
Observations:
This Heat Map indicates the Target at McKnight Crossing is servicing customers from both Grass Valley and the local Region.
Source: Placer.AI
Item # 4.
Observations:
The Primary Route of Travel is on the 49, servicing customers from the North.
Item # 4.
1 Miranda Bacon
From: HOFFMAN LARRY <
Sent: Tuesday, October 24, 2023 5:18 PM
To: Public Comments
Subject: Voice Mail (2 minutes and 8 seconds)
Attachments: audio.mp3
My name is Larry Hoffman and I live at 266 N Auburn, St. My public comment is related to tonight's vote to put forward a sales tax increase on the March ballot. Most of US homeowners and residents of Grass Valley are either retired or employed in jobs much less lucrative than those in current current government positions. Plus, we live here. Unlike most city staff who reside outside the city, we cannot afford to see our cost for living here increase and be able to maintain a decent, decent lifestyle. Lifestyle. Excuse me. Here are some of the increased costs we are seeing. Recent increases to the city water sewer rates will cost residents and businesses at least 25% or more in the next five years. We already pay 1% and put perpetuity for Measure E, which has been spent on more fire, police and residential expenses than the infrastructure improvements it said were needed. Living expensive have gone through the roof. Inflation has made food and gasoline prices go up almost exponentially. We drive around town and still pay over 50, $75.00 a month just for gas. PG&E rates are amongst the highest in the nation and they want to increase it even more. Homeowners and car insurance rate increases have and will continue to make living here more and more unaffordable. Although I support the need for extra fire resources and mitigation efforts, I know the city should have foreseen these years ago and dealt it with them within the fiscal budgets it was given. For these reasons, the City Council. I hope the City Council votes to deny this measure. If not, I hope the city voters do.
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Set Up Voice Mail
Item # 4.
1 Miranda Bacon
From: HOFFMAN LARRY < >
Sent: Tuesday, October 24, 2023 5:04 PM
To: Public Comments
Subject: Voice Mail (1 minute and 27 seconds)
Attachments: audio.mp3
Hi, my name is Joyce Hoffman. I live on North Auburn St. in Grass Valley. I don't know Matthew Coulter. I do know that he's been vocal in his opinions against the city staff and council members, and that part of his legal settlement with the city is that he has easy access to vocally participate in council meetings remotely. Many citizens have reasons for not being able to physically participate in the evening meetings. This can be due to physical disabilities, job or educational commitments, or family responsibilities. All of us deserve and have earned and need to have the same ease to participate remotely. Please make attendance in our City Council's planning committees, historic meetings, etcetera easier to participate in. Why do we have to wait to submit our comments until after 5:00 PM on the evening of the meeting? Is 1 phone contact enough for the limited time to submit? Since COVID prompted remote access to all public meetings, the Brown Act will support enabling equal access to all. Please make us all have equal access to our public meetings. Make it easier.
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Item # 4.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Appointment of Councilmember Branstrom’s Nominee, Jacob Cooke, for the Measure E Oversight Committee
CEQA: Not a Project
Recommendation: That the City Council appoint Measure E Oversight Committee member Cooke to a term ending December 2024.
Prepared by: Taylor Day, City Clerk
Council Meeting Date: 11/7/2023 Date Prepared: 11/14/2023 Agenda: Consent
Background Information: In 2018 Grass Valley citizens voted to approve Measure E, a voter initiative tax measure that repealed the previous 1/2 percent City transaction and use (sales) tax and replaced it with an ongoing 1 percent sales tax. Measure E expands funding for such general fund purposes as increased police and fire services, enhancing parks and recreational services, and improving streets and sidewalks. All Measure E funds stay local and all expenditures subject to an annual audit by an independent citizen oversight committee. See the City website at www.cityofgrassvalley.com for more information on Measure E.
The Citizen’s Oversight Committee reviews an independent audit of tax receipts and how they are spent each year and advises the City Council on how tax money should be spent. The Council must discuss the audit results at a public meeting each year and post them on the City’s website.
The most recently elected city councilmembers were tasked with nominating one new Measure E Oversight Committee member and Councilmember Branstrom has nominated Grass Valley community member Jacob Cooke.
Council Goals/Objectives: The Measure E Oversight Committee executes portions of work tasks towards achieving/maintaining Strategic Plan – Open and Collaborative City Government.
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Item # 5.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Fourth Amended Employment Agreement with City Manager Tim Kiser CEQA: Not a project
Recommendation: That Council approve the Fourth Amended Employment Agreement with City Manager, Tim Kiser.
Prepared by: Michael G. Colantuono, City Attorney
Council Meeting Date: 11/14/2023 Date Prepared: 11/8/2023 Agenda: Consent
Background Information: The City appointed Tim Kiser City Manager in September 2017, in which position he has served since. Following his annual performance evaluation on October 24, 2023, the City Council requested that I prepare this report for consideration of the amended agreement to increase his salary to $237,228 as a 3 percent cost-of living adjustment and merit increase retroactive to his salary review date of September 12, 2022. The amendment also provides for future cost of living adjustments when awarded to the City’s executive management team members and adjusts the monthly medical retirement contribution from $500 to $800. These changes reflect the City’s recently completed negotiations with its executive management team.
A copy of the fourth amendment to the City Manager’s employment agreement is attached. If the City Council has any questions or comments on the amended agreement, I can address them before or during the November 14, 2023, meeting.
Council Goals/Objectives: The action reflects the City Council’s commitment to prudent fiscal management.
Funds Available: Budget resources are available for the additional expense entailed in the amended employment agreement. Account #: N/A
Reviewed by: ____ Director of Administrative Services
Attachments: City Manager Fourth Amened Employment Agreement
Item # 6.
326483.1
FOURTH AMENDED EMPLOYMENT AGREEMENT BETWEEN
CITY OF GRASS VALLEY AND TIM KISER
This Fourth Amended Employment Agreement (“Agreement”) is effective as of ____________, 2023 by and between the City of Grass Valley (“City”) and Tim Kiser (“City Manager” or “Employee”) (collectively, the “Parties”).
RECITALS
WHEREAS, the City and Employee entered into an Employment Agreement (the “Original Agreement”) for his service in the position of City Manager effective September 12, 2017 and amended that Original Agreement effective September 1, 2020 (“First Amendment”), effective September 1, 2021 (“Second Amendment”), and effective June 26, 2022 (“Third Amendment”); and
WHEREAS, the City Council desires to extend Employee’s employment beyond the original expiration date in the Original Agreement and to convert the term of his at-will employment to an indefinite term; and
WHEREAS, the City Council desires to provide Employee with a Cost of Living Adjustment (COLA) retroactively and also prospectively while Employee continues to remain employed with the City; and
WHEREAS, the City Council desires to increase the City Manager’s retirement medical coverage premium allowance from $500 to $800 as of the effective date of this Agreement; and WHEREAS, the Parties may modify the Original Agreement or Amendments thereto upon mutual written agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein the adequacy of which is hereby acknowledged by the Parties to be sufficient, the Parties agree as follows:
TERMS AND CONDITIONS
1. Section 3 (Term of Employment) of the Original Agreement is hereby amended and replaced by the following to read as follows:
Item # 6.
326483.1
“ 3. Term of Employment
Pursuant to the provisions of the Grass Valley City Charter, and City Municipal Code, City Manager serves at the pleasure of the City Council on an “at will” basis and has no vested right to his employment during the term of this Agreement, subject to the terms and provision of this Agreement as set forth below. City Manager’s employment with the City shall continue for an indefinite and unspecified period, until terminated by either Party under this Agreement.”
2. Section 5.A. (Compensation) of the Original Agreement as amended by the First, Second, and Third Amendments is hereby further amended and replaced with the following to read as follows:
“5. Compensation
A. The City Manager’s annual salary shall be $237,228 effective September 12, 2023 (to reflect a COLA of 3% from City Manager’s previous $$230,318 annual salary). Any COLA earned from September 12, 2023 to date shall be paid to City Manager at the next regular scheduled pay date. For each subsequent calendar year starting January 1, 2024, City Manager’s annual salary is subject to the same COLA adjustments for the same effective dates as applied to the annual salaries of the City’s executive team (Directors, Fire Chief, Police Chief, etc.).”
3. Section 13.C.1. (Retirement Program and Deferred Compensation) of the Original Agreement is hereby amended and replaced with the following to read as follows:
“1. Employees who become subject to this Plan on or before July 1, 2011, who retire from the City in good standing, who have at least five years of Grass Valley service, who elect to retain CALPERs medical coverage and who are of full retirement age shall be entitled to payment of up to $800 towards the CALPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.”
4. All other terms, conditions, and provisions of the Original Agreement, and Amendments thereto, to the extent not modified by this Agreement, shall remain in full force and effect.
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
Item # 6.
326483.1
CITY EMPLOYEE
City of Grass Valley Tim Kiser
By: ____________________ By: _____________________
Mayor Tim Kiser
Date: __________________ Date: __________________
Attest:
By: ____________________
Taylor Day
City Clerk
Date: ___________________
Approved as to form:
By: ____________________
Michael G. Colantuono
City Attorney
Date: ___________________
Item # 6.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Public Works purchase of WWTP grit removal equipment at a total cost of $152,300.14
CEQA: Not a project
Recommendation: Council to authorize the Utilities Director to purchase WWTP grit removal equipment from MISCOwater
Prepared by: Trever Van Noort, Utilities Director
Council Meeting Date: 11/14/2023 Date Prepared: 11/8/2023 Agenda: Consent
Background Information: The City’s wastewater treatment plant currently uses Smith & Loveless equipment installed in 1985 for removing grit from influent flow. This equipment has incurred increasing maintenance costs in recent years and is due for replacement.
MISCOwater is the sole-source regional supplier of Smith & Loveless.
Council Goals/Objectives: The execution of this action attempts to achieve portions of work tasks towards achieving/maintaining Strategic Plan – City Infrastructure Investment.
Fiscal Impact: Funds in the amount of $152,300.14 are available in the Sewer Plant Division – Other Machinery & Equipment Budget. Budgeted funds for FY 2023-24 are available.
Funds Available: Yes Account #: 510-802-52050
Reviewed by: __ City Manager
Attachments: MISCOwater Quote
Item # 7.
October 31, 2023
Mr. Trevor Van Noort
City of Grass Valley
Subj: MISCOwaterQuote #MW-32254
Ref: Smith & Loveless
Trevor,
It is our pleasure to submit the following quotation for the Smith & Loveless grit system equipment for your review.
QTY DESCRIPTION UNIT PRICE TOTAL
LS One (1) Model 15 Screw Conveyor in carbon steel with concentrator One (1) Panel Board with controls for grit pump and screw conveyor One (1) NEMA 4 Vacuum Priming Panel
One (1) Sonic Start Upgrade Kit
137,200.00 137,200.00
Freight Estimate – to be billed at actual 3500.00
Tax @ 8.50% 11,657.14
Total 152,300.14
Notes:
• Payment terms: Net 30 days
• F.O.B.: Lenexa, KS (freight is an estimate only, billed at actual) • Delivery: 28-30 weeks from receipt of order
Purchase order to be addressed asfollows:
MISCOwater
3825 Hopyard Road, Suite 195
Pleasanton, CA 94588
Please let me know if you have any questions.
Thank you,
Todd Jordan
3825 HOPYARD ROAD, SUITE 195
PLEASANTON, CA 94588
Item # 7.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Memorandum of Understanding between the City of Grass Valley and County of Nevada Environmental Health Department for inspection services related to SB 1383.
CEQA: Not a Project
Recommendation: That Council 1) review the attached Memorandum of Understanding (MOU) with the County of Nevada; 2) adopt Resolution No. 2023–63 approving the Memorandum of Understanding (“MOU”) between the County of Nevada (“County”) and the City of Grass Valley (“City”); and 3) authorize the Mayor execute MOU, subject to legal review.
Prepared by: Zac Quentmeyer, Deputy Public Works Director Council Meeting Date: November 14, 2023 Date Prepared: November 7, 2023 Agenda: Consent
Background Information: Senate Bill 1383 Regulations require cities and counties, among other things, to implement programs requiring organic waste generators and waste haulers to meet minimum standards for organic waste collection services, inspect waste containers for prohibited contamination of materials, provide education and outreach information to organic waste generators, report to CalRecycle on compliance with the SB 1383 Regulations, and maintain records of compliance with the SB 1383 Regulations. Nevada County Environmental Health Department currently performs annual heath inspections Commercial Edible Food Generators and food recovery organizations within City limits. The purpose of the MOU would be to allow the Nevada County Environmental Health Department to inspect for SB 1383 compliance requirements during their annual health and safety compliance inspections of commercial business within the City.
Attached is the draft MOU for Council review and information.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #5 – High Performance Government and Quality Service.
Fiscal Impact: Execution of MOU will result in a cost savings by reducing staff time required to meet SB1383 compliance requirements.
Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager Attachments: Resolution 2023-63
Item # 8.
1 of
10 Resolution Number: 2023-63
RESOLUTION OF THE CITY OF GRASS VALLEY ADOPTING A MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN THE COUNTY OF NEVADA (“COUNTY”) AND THE CITY OF GRASS VALLEY (“CITY”) REGARDING IMPLEMENTATION OF SB 1383 WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) requires the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percentby 2025, which regulations have been finalized and are now in effect (Division 7 of Title 14 of the California Code of Regulations) (the “SB 1383 Regulations”); and WHEREAS, the SB 1383 Regulations require cities and counties, among other things, to implement programs requiring organic waste generators and waste haulers to meet minimum standards for organic waste collection services, inspect waste containers for prohibited contamination of materials, provide education and outreach information to organic waste generators, report to CalRecycle on compliance with the SB 1383 Regulations, and maintain records of compliance with the SB 1383 Regulations; and
WHEREAS, Section 18981.2(b)(2) of the SB 1383 Regulations authorizes the City to enter into a Memorandum of Understanding (“MOU”) with the County to fulfill its responsibilities under SB 1383; and
WHEREAS, pursuant to Section 18981.2(c), the City remains ultimately responsible for compliance with the requirements of the SB 1383 Regulations as to the City’s territory; and
WHEREAS, the Environmental Health Department of Nevada County is authorized to annually inspect commercial businesses in the City pursuant to Health & Safety Code sections 25511, 26250, 112040, and 114390; and WHEREAS, the Parties wish to enter into this MOU to establish roles and responsibilities to implement the SB 1383 Regulations the County will assume on the City’s behalf under this MOU’s terms and conditions.
Item # 8.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:
1. The above recitals are true and correct and are a substantive part of this Resolution.
2. The City of Grass Valley approved the attached Memorandum of Understanding with County of Nevada regarding implementation of SB 1383.
Approved and adopted the 14th day of November 2023.
I, the undersigned, hereby certify that the foregoing Resolution Number 2023 - 63 was duly adopted by the City Council following a roll call vote:
AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAIN: Councilmember
ATTEST:
________________________________
Jan Arbuckle, Mayor
_______________________________
Taylor Day, City Clerk
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
Item # 8.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Resolution to execute a contract with Northern Sierra Air Quality Management District and accept AB 2766 DMV Surcharge Funds.
CEQA: Not a Project
Recommendation: That Council 1) review the attached contract with Northern Sierra Air Quality Management District (NSAQMD); 2) adopt Resolution No. 2023–64 accepting the contract between NSAQMD and the City of Grass Valley; and 3) authorize the City Manager to be delegated the authority to conduct all negotiations, sign and submit all documents, including, but not limited to applications agreements, amendments, and payment request, which may be necessary for the completion of the grant scope, subject to legal review.
Prepared by: Zac Quentmeyer, Deputy Public Works Director Council Meeting Date: November 14, 2023 Date Prepared: November 7, 2023 Agenda: Consent
Background Information: In May of 2023, Northern Sierra Air Quality Management District solicited grant applications for AB 2766 DMV Surcharge Funds. The City submitted a successful application requesting $50,000 for a project to purchase a tractor to be utilized by the Public Works Department. This project consists of replacing two John Deere tractors (JD955 and JD301-A) with a new 4052M Heavy Duty John Deere tractor. The primary objective of the project is to reduce emissions and increase staff efficiencies by replacing two outdated tractors with a new tractor capable of performing the same task as both replacement tractors. This project would include retiring one John Deere 301A diesel tractor, approximately 45 years old, and one John Deere 955 diesel tractor, approximately 30 years old. One John Deere 4052M Heavy Duty Compact Utility tractor would be purchased to replace the functionality of the retired tractors. The city utilizes tractors for leveling, aerating turf, spreading seed and fertilizer, snow removal, post hole digging, trenching and material mobilization. Attached is the contract for Council review and information.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #5 – High Performance Government and Quality Service.
Fiscal Impact: $50,000 of the total project cost ($61,976.57) will be covered by grant funds. City funds will cover the remaining cost ($11,976.57).
Funds Available: Yes Account #: 100-501-51020
Reviewed by: Tim Kiser, City Manager Attachments: Resolution 2023-64
Item # 9.
Resolution Number: 2023-64
RESOLUTION OF THE CITY OF GRASS VALLEY APPROVING A CONTRACT BETWEEN NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT (“DISTRICT”) AND THE CITY OF GRASS VALLEY (“CITY”) TO ACCEPT SB 2766 DMV SURCHARGE FUNDS WHEREAS, the California Clean Air Act requires local air pollution control districts to reduce emissions from motor vehicles; and
WHEREAS, AB 2766, codified in California Health and Safety Code §44223, authorizes districts to impose a fee of up to four dollars upon certain registered motor vehicles within the district, and the Governing Board of the DISTRICT has imposed said fee ($4 per vehicle in Nevada and Plumas Counties and $2 per vehicle in Sierra County); and
WHEREAS, said legislation requires the DISTRICT to use said funds for activities to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988; and
WHEREAS, CITY has proposed a project that meets the eligibility criteria for funding approved by the DISTRICT, which is consistent with the goals of Health and Safety Code §44220 through §44247; and
WHEREAS, CITY represents that it is willing and able to perform the activities set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:
1. The above recitals are true and correct and are a substantive part of this Resolution.
2. The City of Grass Valley approves the attached contract with Northern Sierra Air Quality Management District accepting SB 2766 DMV Surcharge Funds.
Approved and adopted the 14th day of November 2023.
I, the undersigned, hereby certify that the foregoing Resolution Number 2023 - 64 was duly adopted by the City Council following a roll call vote:
AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAIN: Councilmember
Item # 9.
ATTEST:
________________________________
Jan Arbuckle, Mayor
_______________________________
Taylor Day, City Clerk
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
Item # 9.