Grass Valley City Council
September 10, 2024

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, September 10, 2024 at 6:00 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 6:00 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 September 10, 2024
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. Update on the Everhart structure Fire.

2. Grass Valley Animal Control Grant
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. Speaker cards are assigned for public comments that are on any items not on the agenda, and within the jurisdiction or interest of the City. Speaker Cards can be pulled until the opening of public comment at which time sign ups will no longer be allowed.

These cards can be found at the City Clerks desk. 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). Thirty minutes of public comment will be heard under this item in order of the speaker card assigned and the remaining general public comments will be heard at the end of the meeting. We will begin with number one.

CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action but Council action is required to do so (roll call vote).Unless the Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person.

3. Approval of the Regular Meeting Minutes of August 13, 2024.

Recommendation: Council approve minutes as submitted.

4. Approval of the Special Meeting Minutes of August 22nd, 2024.

City of Grass Valley, CA AGENDA September 10, 2024
Recommendation: Council approve minutes as submitted.

5. Conflict of Interest Code Update
CEQA: Not a project
Recommendation: That Council approve the City Manager signing of the City of Grass Valley Biennial Notice and adopt the 2024 Conflict of Interest Code and corresponding Resolution 2024-68 approving changes to the code.

6. Pioneer Community Energy JPA Amendment
CEQA: Not a project
Recommendation: Adopt a Resolution of the City of Grass Valley Approving the Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy

7. Changing Historical Commission Meeting Times
CEQA: Not a Project
Recommendation: That Council adopt Resolution No. 2024-67 changing the regular meetings of the Historical Commission to 3:00 p.m. on the second Tuesday of each calendar month beginning October 1, 2024.

8. Habitat for Humanity – Approve Parcel Map
CEQA: Categorically Exempt – Class 15 “Minor Land Divisions” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and 2) approve Parcel Map 24PLN-05; and 3) approve the Resolution 2024-70 accepting the public utility easements.

9. Administrative EMS Coordinator
CEQA: Not a project
Recommendation: That Council 1) approves the job description for Administrative EMS Coordinator, and 2) approves the associated salary schedule and Certificate and Educational Incentive pays for the Administrative EMS Coordinator position.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

10. Appeal of the Planning Commission’s denial of Use Permit applications for an exception to the multifamily covered parking requirement established in Section

17.36.040, Table 3-3 of the City of Grass Valley Municipal Code.

Recommendation: Based upon the evidence in the public record, and the Planning Commission’s 3:1 denial, staff recommends that the City Council take one of the following actions:

Option 1) Uphold the Planning Commission’s denial of Use Permit applications 24PLN0008, -0009, and -0010; a) Deny the appeal and uphold the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements;

City of Grass Valley, CA AGENDA September 10, 2024
b) Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report; c) Uphold the Planning Commission’s finding for denial of the Use Permits, that “insufficient quantitative evidence was provided to document a need for a reduction of the covered parking standard;” and, d)Deny the Use Permits as presented in this Staff Report.

Option 2) Overturn the Planning Commission’s denial of Use Permit applications 24PLN-0008, -0009, and -0010; a) Uphold the appeal and overturn the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b) Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Sections 15061(b)(3) and 15301 of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report c) Adopt Findings of Fact as detailed in the June 18, 2024 Planning Commission Staff Report for approval of the Use Permits as presented in the Staff Report; and, d) Approve the Use Permits as presented in this Staff Report.

Option 3) Refer Use Permit applications 24PLN-0008, -0009, and -0010 to the Planning Commission for further consideration based on new or different evidence presented.

11. Supplement to the Final Environmental Impact Report for the Approved Dorsey Marketplace Project
CEQA: Pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit.14, § 15000 et seq.), the City Council, at its April 28, 2020, regular meeting, certified a Final Environmental Impact Report (“EIR”) for the mixed-use development known as the Dorsey Marketplace Project (“Project”).

That City Council action, along with the City Council’s approval of the Project, was subsequently challenged in court, with the ultimate result being that the City needed to make only minor changes to the original 2020 EIR. The required changes are set forth in documents from both the Court of Appeal and the Nevada County Superior Court, namely, a Modified Opinion from the Court of Appeal and a Revised Judgment and Peremptory Writ of Mandate from the superior court. These documents ordered the City to prepare further analysis of the extent to which Project-related traffic added to anticipated 2035 traffic on State Route (“SR”) 20/49 could result in adverse health effects on future Project residents and occupants.

In response to these judicial directives, the City prepared a Supplement to the Final EIR (“SFEIR”). The Draft SFEIR was circulated for public comment, and a Final SFEIR is now ready for City Council consideration and certification.

Recommendation:
1) Conduct the public hearing regarding the Supplement to the Final Environmental Impact Report for the Dorsey Marketplace Project
2) Adopt Resolution No. 2024-66 certifying the updated Final Environmental Impact Report for the Dorsey Marketplace Project, thereby (i) determining that the deficiency in the Final EIR identified in the Modified Court of Appeal Opinion and Revised Judgment has been remedied, (ii) further determining that a new 2024 Final EIR, consisting of (a) the 2020 Final EIR, (b) the Draft FSEIR, and (c) responses to comments on the Draft FSEIR and related

City of Grass Valley, CA AGENDA September 10, 2024
corrections, is legally adequate under CEQA, and (iii) permitting the implementation of any and all previously suspended Project activities and Project Approvals, subject to authorization by the superior court

ADMINISTRATIVE

12. Main St Sealing And Striping – Authorize Bidding and Approve Design CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); 2) provide direction to Staff on several design proposals; and 3) authorize the advertisement for bids.

13. Discussion on City Council Compensation
CEQA: Not a Project
Recommendation: That Council considers the information provided and provides direction to staff on how to proceed.

BRIEF REPORTS BY COUNCIL MEMBERS

CONTINUATION OF PUBLIC COMMENT

ADJOURN

POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, September 10, 2024 at 6:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, September 6, 2024.
________________________
Taylor Whittingslow, City Clerk

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, August 13, 2024 at 6:00 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 6:03 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 Branstrom, Seconded by Councilmember Caravelli.

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

REPORT OUT OF CLOSED SESSION
Nothing to report.

INTRODUCTIONS AND PRESENTATIONS

PUBLIC COMMENT -
Public Speakers: #1-9 and Matthew Coulter.

CONSENT ITEMS -
Public Comment: Heather Haddock, Matthew Coulter
Motion made to approve consent as submitted by Councilmember Branstrom, Seconded by Vice Mayor Hodge.

Item # 3.

City of Grass Valley, CA MINUTES August 13, 2024
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle

1. Approval of the Regular Meeting Minutes of July 23, 2024.

Recommendation: Council approve minutes as submitted.

2. Center For The Arts – Student Matinee Program Funding CEQA: Exempt – Not a Project
Recommendation: That Council 1) review the attached proposal; 2) approve the $16,000 in Special Project funding for this program; and 3) Authorize the Finance Director to make any necessary budget transfers and/or amendments to fund the Student Matinee Program.

3. Continuation of 20% Water Conservation from all City Customers Due to inoperable Drum and South Yuba Canals
CEQA: Not a Project.

Recommendation: That Council continue the mandate of all City Water Customers to conserve 20% of their normal water usage.

4. Grass Valley Police Officer’s Association – July 1, 2024 – June 30, 2026 CEQA: Not a project
Recommendation: Adopt Resolution No. 2024-60 approving the Labor Memorandum of Understanding for a two year period beginning July 1, 2024, through June 30, 2026, between the City of Grass Valley and City of Grass Valley and the Grass Valley Police Officer’s Association (Unit 6).

5. Appointment of Councilmember’s for the Measure B Oversight Committee CEQA: Not a Project

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

6. Appeal of the Planning Commission’s denial of Use Permit applications for an exception to the multifamily covered parking requirement established in Section

17.36.040, Table 3-3 of the City of Grass Valley Municipal Code.

Recommendation: Based upon the evidence in the public record, and the Planning Commission’s 3:1 denial, staff recommends that the City Council take one of the following actions:

Option 1) Uphold the Planning Commission’s denial of Use Permit applications 24PLN0008, -0009, and -0010; a) Deny the appeal and uphold the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b)Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report; c) Uphold

Item # 3.

City of Grass Valley, CA MINUTES August 13, 2024
the Planning Commission’s finding for denial of the Use Permits, that “insufficient quantitative evidence was provided to document a need for a reduction of the covered parking standard;” and, d) Deny the Use Permits as presented in this Staff Report.

Option #2) Overturn the Planning Commission’s denial of Use Permit applications 24PLN-0008, -0009, and -0010; a) Uphold the appeal and overturn the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b) Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report; c) Adopt Findings of Fact as detailed in the June 18, 2024 Planning Commission Staff Report for approval of the Use Permits as presented in the Staff Report; and, d) Approve the Use Permits as presented in this Staff Report.

Option #3) Continue the appeal of Use Permit applications 24PLN-0008, -0009, and - 0010 for additional information to be provided
Lucy Rollins, Senior Planner, gave an overview of the appeal to the Council.

Representatives from Cascade Housing also gave a presentation to the council.

The council had questions regarding insurance, FEMA grants, what is affordable housing, tax credits,
Public Comment: Matthew Coulter
The council directs staff to continue the item until September 24th or another publicly noticed meeting date.

ADMINISTRATIVE

7. Main St Sealing And Striping – Authorize Bidding and Approve Design CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); 2) provide direction to Staff on several design proposals; and 3) authorize the advertisement for bids.

Bjorn Jones, City Engineer, gave a presentation to the Council.

The council discussed whether the merchants had been notified, the flashing light trial for the month of September, the removal of the crosswalk, and the implications of shortening parking spaces.

Public Comment: Robin Davis, Emily, Matthew Coulter
The council discussed the timeline and added back the green zone on Main Street, as requested. The council requested more outreach and to bring back the item at the next council meeting.

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Ivy has nothing to report. Councilmember Branstrom attended the McKnight Shopping Center ceremony and participated in the Fair. Councilmember Caravelli attended the ERC meeting and the opening ceremony at the Fair. Vice Mayor Hodge participated at

Item # 3.

City of Grass Valley, CA MINUTES August 13, 2024
the Fair and 70th Birthday Celebration for Terry Brown. Mayor Arbuckle attended opening day at the Fair, National Night Out, Hope for Nevada County, McKnight Crossing event.

CONTINUATION OF PUBLIC COMMENT

ADJOURN
Meeting adjourned at 8:22 pm.
__________________________ ____________________________ Jan Arbuckle, Mayor Taylor Whittingslow, City Clerk
Adopted on: __________

Item # 3.

GRASS VALLEY
Special City Council Meeting
Thursday, August 22, 2024 at 6:30 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
The meeting was called to order at 6:33 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 to approve agenda as submitted by Vice Mayor Hodge, Seconded by Councilmember Branstrom.

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

REPORT OUT OF CLOSED SESSION
No closed session.

INTRODUCTIONS AND PRESENTATIONS

1. Update on the recent Fire

PUBLIC COMMENT -
Virtual Public Comment attached.

In-person public comment: Speakers #1-17 and Matthew Coulter.

CONSENT ITEMS -
Public Comment: Unknown, unknown, Brenda English, Robin Davis, Matthew Coulter Motion made to accept consent as submitted by Vice Mayor Hodge, Seconded by Councilmember Branstrom.

Item # 4.

City of Grass Valley, CA MINUTES August 22, 2024
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle

2. Grass Valley Management & Supervisory Professional & Confidential Employees – Unit 1 – Memorandum of Understanding for July 1, 2024 – December 31, 2025, CEQA: Not a project
Recommendation: Adopt Resolution No. 2024-64 approving the Labor Memorandum of Understanding for an eighteen (18) month period beginning July 1, 2024, through December 31, 2025, between the City of Grass Valley and the Grass Valley Management / Supervisory Professional & Confidential Employees Group (Unit 1).

3. International Union of Operating Engineers, Stationery Engineers, Local 39 Memorandum of Understanding – Unit #2 (General Employees) and Unit #3 (Office Technical Employees) – July 1, 2024 – June 30, 2027
CEQA: Not a Project
Recommendation: Adopt Resolution No. 2024–64 & 2024-63 approving the Labor Memorandum of Understanding for a 3-year period beginning July 1, 2024, through June 30, 2027, between the City of Grass Valley and the International Union of Operating Engineers, Stationery Engineers, Local 39 (Unit 2 and Unit 3).

4. Appointment of Mayor Arbuckle as the voting delegate and Council Member Branstorm as alternate for the League of California Cities 2024 Annual Conference meeting CEQA: Not a Project
Recommendation: That Council appoints Mayor Arbuckle as the voting and Council Member Branstorm as the alternate for the 2024 League Annual Conference on October 16-18, 2024.

5. Procurement and installation of open space surveillance cameras for Memorial Park, Condon Park, & Elisabeth Daniels Park, funded by BSCC Proposition 64 Grant CEQA: Not a Project
Recommendation: (1) The Council approve procurement and installation of open space surveillance cameras for Memorial Park, Condon, Par, & Elisabeth Daniels Park funded by Prop 64 grant funds, pursuant to the attached GSA Contract scope of work agreements; (2) authorize the City Manager to sign necessary agreements, subject to legal review; and (3) direct the Finance Director to make appropriate budget adjustments and payments as may be necessary

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

OR ANY ADDED AGENDA ITEMS

PUBLIC HEARING

6. Conduit financing for the Eskaton Properties, Incorporated Project CEQA: The project is exempt from review under the California Environmental Quality Act (CEQA) by the “common sense” rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Recommendation: That council 1) Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of

Item # 4.

City of Grass Valley, CA MINUTES August 22, 2024
1986, as amended (the “Code”). 2) Adopt Resolution No. 2024-65 approving the issuance of the Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Eskaton Properties, Incorporated, a nonprofit, public benefit corporation organized and existing under the laws of the State of California and an organization described in section 501(c)(3) of the Code (the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following).

Public Comment: Unknown, unknown, Brenda English, Robin Davis, Matthew Coulter Motion made to accept consent as submitted by 1) Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”). 2) Adopt Resolution No. 2024-65 approving the issuance of the Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Eskaton Properties, Incorporated, a nonprofit, public benefit corporation organized and existing under the laws of the State of California and an organization described in section 501(c)(3) of the Code (the “Borrower”), to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following) by Councilmember Ivy, Seconded by Vice Mayor Hodge.

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

ADMINISTRATIVE

7. Main St Sealing And Striping – Authorize Bidding and Approve Design CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); 2) provide direction to Staff on several design proposals; and 3) authorize the advertisement for bids.

Bjorn Jones, City Engineer, gave an overview of the revised plans.

Public Comment: Jon Moser, Denny Silberstein, Jacob McDonald, Rico Stevenses, Jon McDonald, Robin Davis, Matthew Coulter
Motion to continue item and for staff to comeback with a proposal of a center cross walk and the first design to compare by Councilmember Ivy, Seconded by Councilmember Caravelli.

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

8. Approve a portion of the Measure B expenditures and the associated initial Expenditure Plan for Fiscal Year 2024/25.

CEQA: Not a Project.

Recommendation: That Council 1) review the proposed initial expenditure plan confirmed by the Citizen Oversite Committee for Measure B; 2) approve the

Item # 4.

City of Grass Valley, CA MINUTES August 22, 2024
expenditure plan; 3) approve any necessary budget transfers or amendments to the Fiscal Year 2024/25 Budget to implement the approved portion of the Expenditure Plan funding; 4) authorize the City Manager to move forward with implementing the proposed expenditure plan in accordance with City requirements.

Tim Kiser, City Manager, gave an overview to the council.

Public comment: Matthew Coulter
Motion to review the proposed initial expenditure plan confirmed by the Citizen Oversite Committee for Measure B; 2) approve the expenditure plan; 3) approve any necessary budget transfers or amendments to the Fiscal Year 2024/25 Budget to implement the approved portion of the Expenditure Plan funding; 4) authorize the City Manager to move forward with implementing the proposed expenditure plan in accordance with City requirements Councilmember Caravelli, Seconded by Councilmember Branstrom.

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

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Caravelli had a meeting with the District 3 supervisor, attended an ERC meeting, Day of the Dead meeting, and congratulations to the Police Officers who were pinned, and thanked the Police and Fire for their response in the recent fire. Councilmember Ivy attended the monthly Wolf Creek Watershed monitoring. Councilmember Branstrom participated in the Gold Country Senior Services Grand Opening. Vice Mayor Hodge attended the Planning event for the International Women's day event and the Gold Miners Inn Mixer.

Mayor Arbuckle attended the Mayor Manager Meeting, was on KNCO with Supervisor Heidi Hall regarding fire insurance, Monday with the Mayor, meeting with District 3 Supervisor, the Badge Pinning ceremony, and announcing the 9/11 event.

ADJOURN
The meeting adjourned at 9:26 pm.
____________________________ ______________________________ Jan Arbuckle, Mayor Taylor Whittingslow, City Clerk
Adopted on: _____________

Item # 4.

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CITY OF GRASS VALLEY CITY COUNCIL MEETING

GENERAL PUBLIC COMMENT SIGN IN SHEET
WELCOME to the City of Grass Vattey City Counci[ meeting! Public Comments provide an opportunity for the pubtic to address the City Councit on any subject which is not on the agenda but in the jurisdiction of the councit. lf you wish to speak, ptease indicate in the appropriate box when you s'ign in and take the number corresponding to your name. Each individuat can have up to 3 minutes of pubtic comment. At the beginning of the meeting, there witt be an atlotted 30 minutes of generat pubtic comments and the remainder of comments witl be heard at the end of the agenda.

Speakers witt be catled in order of the numbers given.

When you are recognized by the mayor:

1. Ptease stand before the podium and give your name and address. (optionat)

2. Ptease limit your comments to three minutes per speaker.

3. lf previous speakers have made the same point, you may simpty indicate your support or disagreement, untess you have new information.

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Item # 4.

Item # 4.

Tay
lor Day
From:

Sent:

To:

Subject:

Emily Rangel
Thursday, Auqust 22, 2024 4:12 PM
Public Comments
Main Street Resurfacing
You don't often get email fro�. Learn why this is important Madame Mayor and Esteemed Council,
Thank you for your service to our community. Thank you for your time and care with this agenda item. I greatly appreciate more time being allowed for this to be commented on by the businesses that it will affect. I was able to share this information with many neighbors. Worryingly, only one of the neighbors I spoke with had heard about this project (but had not seen the email). For future projects that directly impact businesses, I wonder if there isn't a better way to inform the merchants, other than email? We get quite a few emails from the GVDA, and one this important can, and did in many cases, get lost in the shuffle. It is in everyone's best interest to work together during planning major infrastructure changes. As business owners, we offer a unique and valuable perspective. We spend a considerable amount of time at our storefronts. We see the daily heartbeat of downtown. These are our "second homes". Some of us spend more time here than in our actual homes. These businesses are how we put food on our tables and pay for new shoes for our children. We are heavily invested. Would council be willing to consider creating a procedure for the City to follow for similar future events? Something that includes human-tohuman contact, with conversation would be mutually beneficial. At least offering a hard copy of the project, and how businesses can be involved/considered in the planning including dates and times. This has the potential greatly improve relationships downtown with minimal cost.

I thank the City for being considerate of input from the community. This consideration is shown in the latest rendering of the intersection at Mill and Main from the City. Thank you for listening to my concerns.

I believe the reduction to one crosswalk at the intersection will make this a far safer entrance and exit to the pedestrian pavilion. Thank you also, for changing the construction timeline to after the holidays. This was much appreciated by myself and many of my neighbors, as this season is crucial for the survival of our businesses. I look forward to many safer crossings.

Thank you for your time,
Emily Rangel
Owner, Moms & Minis
1 Page 17
Item # 4.

Tay
lor Day
From:

Sent:

To:

Subject:

Aria Griffis
Thursday, Auqust 22, 2024 3:16 PM
Public Comments
Current crosswalk proposals
You don't often get email from
To whom it may concern,
. Learn why this is important
When looking at the current proposal for crosswalks on West Main Street, it is drastically different than what I once was expecting. The current plan is not ideal for businesses on the far side of West Main.

There will be a significant extended path of travel for a customer to get to this side, depending on where they are. Taking out the crosswalk at the light makes it so the pedestrian has to cross south Auburn twice just to get to the other side. This makes no sense?? For example, if I was shopping at Marley Lane( in the old Swenson's building) and noticed that I wanted to get across the street. I would go to the corner, wait for a light to cross So. Auburn then wait on the corner to cross East Main, then wait at that corner to cross back over So. Auburn again. This is very disruptive to the natural flow of traffic. I have had a shop in Downtown Grass Valley for 15 years and notice the flow of traffic on a daily basis and this will not have a positive impact for customers getting through the door of West Main Store fronts. I have already been affected very negatively by the parklette in front of Pete's and my store, Make Local Habit. I don't agree with the proposed changes and hope that you take business owners and community members considerations and opinions seriously when making final decisions.

Aria Griffis
Owner at Make Local Habit
2 Page 18
Item # 4.

Tay
lor Day
From:

Sent:

To:

Subject:
karllanquisthotrods
Thursday, Auqust 22, 2024 3:22 PM
Public Comments
Main Street Modifications
You don't often get email fro Learn why this is important As a worker/manager of Clock Tower Records for 13 years the intersection in front of the store before the closure of Mill Street was dangerous. I've lots track throughout the years of people getting hit by cars, or families running with baby strollers to not get hit by cars. Now with the possibilities of only having one crosswalk is going to cause more issues of clogging up the intersection with people only being able to cross in one area, and having traffic stopped in front of Clock Tower Records. In addition going to cause pedestrians on Mill Street to competly stop and not cross to shop on Main Street. It's just really going to be a mess, and inconsiderate of any of the business on Main Street! Karl Lanquist, Clock Tower Records
Sent via the Samsung Galaxy S22 5G, an AT&T 5G smartphone 3 Page 19
Item # 4.
4 Taylor Day
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Thursday, August 22, 2024 3:01 PM
To: Public Comments
Subject: Voicemail from on Aug 22 2024 2:58 PM
Attachments: 1724363883-0000080b.mp3
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Time: Thursday, August 22 2024 2:58 PM
From:

Duration: 1 minute 30 seconds
Voicemail box: 8880
Transcript:

Hi, I'm a grass valley resident of over 30 years a mom to a bunch of little kids and someone who wants the best for grass valley I don't know if you guys get off of Mill Street often But it appears if you don't the homeless issue is becoming more obvious by the day I challenge you to take your kids or grandkids to Memorial Park The parking lot by the playground speaks for itself Walk along Wolf Creek Trail and find people in the bushes doing who knows what two places that a lot welcoming by the day, especially for someone with little kids. The Brunswick and Sutton area is such a blatant disaster as you know. The police and fire resources that are used in that area are exhausting and 100% avoidable if you guys would start addressing real issues. It seems as if both City Council and City Management has done a wonderful job at making insignificant things appear significant to make it look like you're doing something for the city. The city manager makes $400 ,000 a year. City council wants to potentially start getting paid more and receive health benefits, all the while taking zero ownership for a valley that negatively affect everyone. Flip side, that cost of

Item # 4.
5 living adjustment this last year, yet place a very high burden on them and their resources. No one likes to take responsibility when things go wrong. However, I challenge you all to take a step back and collectively get your priorities straight for the sake of Grass Valley and your legacy as public servants in this city. Thank you.

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Item # 4.

Tay
lor Day
From:

Sent:

To:

TOM DOAN
Wednesday, Auqust 21, 2024 5:19 PM
Public Comments
Subject: From Country Wood Furniture re crossing
You don't often get email from . Learn why this is important Hi Tim,
This is Shoshana @ Country Wood Funriture respoonding to the crosswalk changes proposal sent out to merchants on 8-20-24.

We, as a buiness are strongly in favor of leaving the current arrangement of the 2 crosswalks as they stand. This gives a clear sense of connection and cohesion, from Mill Street to Main Street as a downtown. We also feel that the markings for the crosswalks should standout WAY more. This is even more vital due to the fact that there is always blinding sun for both morning and evening traffic! Thank-you for your willingness to balance these concerns into the next chapter of progress for our downtown!
Sincerely, Shoshana & Tom Doan
Country Wood Furniture 116 W. Main St. Grass Valley, CA 95945 6 Page 22
Item # 4.
7 Taylor Day
From: HOUGESEN ELISE - Voicemail box 8880 <[email protected]> Sent: Wednesday, August 21, 2024 4:15 PM
To: Public Comments
Subject: Voicemail from on Aug 21 2024 4:10 PM
Attachments: 1724281854-000011ff.mp3
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New voicemail message
Time: Wednesday, August 21 2024 4:10 PM
From:

Duration: 3 minutes 6 seconds
Voicemail box: 8880
Transcript:

Hi, my name is Christopher Finstad, F-I-N-S-T-A-D, and I'm a resident at 418 Oak Street here in Grass Valley at Memorial Park between Central Avenue and Colfax Avenue. My comment is for the meeting of Thursday the 22nd, the special meeting that begins at 6.30 p.m. The comment regards the surveillance cameras and installation of them at Memorial Park. The suggestion for what activities I've seen across the past 30 plus years here and having been retired or out of work, retired since 2008 and out of work since 1996 predominantly, my exposure to the park suggests that drug distribution, drug activity, people, minors, alcohol consumption, largely is contained and concentrated at the bleachers to the less EVA field. So installation of cameras would appear to do the most good there. With nighttime cameras, maybe having motion activated sensors for people who typically sleep on the bleachers at the announcer's box area, and I would suggest considering a light half court on the basketball court that's motion activated. People have been showing up, they've been playing basketball, they've been using headlamps from their cars,

Item # 4.
8 And I think that would, it's not necessarily teams, but individuals, especially as a consideration to the climate and the heat during daytime hours. Both use at pickleball courts and basketball courts go out of use with the heat. And of course, people come out with their dogs walking near midnight after 11 p.m. when games have ended. So I don't think it's unreasonable to request that a motion-activated lighting system just at least for half court at the basketball court near the clock would satisfy illumination and reduce potential risk for people who decide to make use of it for ultimate fighting championships or confrontations or territorial disputes as there's been somewhat of an inclination toward in how people have been treated for using the park.

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Item # 4.
9 Taylor Day
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Wednesday, August 21, 2024 4:07 PM
To: Public Comments
Subject: Voicemail from on Aug 21 2024 4:04 PM
Attachments: 1724281496-000011ee.mp3
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Time: Wednesday, August 21 2024 4:04 PM
From: (
Duration: 38 seconds
Voicemail box: 8880
Transcript:

Hello, I live across from Martino Park and I am against the proposal to cut down the forested area in the back to develop a farm even though it's a worthy cause. I take a walk there every day and I love seeing the trees. They also provide food and shelter for animals and shade for human beings so definitely against that part of it. If you need to contact me, my phone number is . Thank you.

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Item # 4.
11 Taylor Day
From: ZUEHLKE J SAM - Voicemail box 8880 <[email protected]> Sent: Wednesday, August 21, 2024 1:45 PM
To: Public Comments
Subject: Voicemail from on Aug 21 2024 1:40 PM
Attachments: 1724272856-00000fef.mp3
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Time: Wednesday, August 21 2024 1:40 PM
From:

Duration: 2 minutes 20 seconds
Voicemail box: 8880
Transcript:

All right, this is Julius Zelke Jr. I'm at 11812 Alta Vista Avenue. I'm the last house on that street on the left-hand side. And I am the person that would be most affected by cutting down the trees. My fence line goes to the park. And this is such a bad idea.

Certainly, I believe the greenbelt, the beautiful trees that everybody walks around and mostly by, I believe they're grandfathered in and there certainly couldn't be a building put there. My view is looking out and seeing all these beautiful oak trees and the animals and the wonderful people that walk by and wave at me every day. I'm not a real good speaker, so I'll just say, please don't do this. And, you know, you couldn't put a building out. If you put a building, you're going to have to do all kinds of things, and greenhouses, and think of the fencing you're going to have to do. You've got $60 ,000 to give to these people, let them use it somewhere else. I mean, you've got $60 ,000, but one of your trees in the area is dead and right next to one of my trees on my side of the fence. The weeds were five feet high, now they're finally falling, but I mean, I'm living next to a tinderbox. The only time it gets fixed is when you hire a

Item # 4.
12 young guy to go out there and weed-whip the edges of the park. It sounds like a good idea, but not there. Certainly not for me and like all the people that walk in the park and use the trees as shade when walking, especially the older ones. Okay. Thank you very much.

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Item # 4.

Tay
lor Day
From:

Sent:

To:

Subject:

Attachments:

HOUGESEN ELISE - Voicemail box 8880 <[email protected]> Wednesday, August 21, 2024 8:53 AM
Public Comments
Voicemail from-on Aug 21 2024 8:50 AM 1724255450-00�
You received a new voicemail message
l[gjNew voicemail message
Time:

From:

Duration:

Voicemail box:

Transcript:

Wednesday, August 21 2024 8:50 AM
1 minute 12 seconds
8880
Yes, my name is Elisa Hokeson. I live 418 Oak Street, Grass Valley, across from Memorial Park ball field. And I've lived here 33 years. So mentioning for the meeting tomorrow about cameras, I would suggest having cameras on the bleachers and the ball field, because that's where people will take their dogs occasionally and where people sleep. And sometimes there's problems there at the bleacher area, so if you're thinking about adding more cameras, I would suggest that. I haven't noticed since the park's been improved much, much crime, but of course I can't see to where the veterans' place is, but around the entrance and things, there's little going on, but mainly, mainly the ball field and the bleacher area, especially the bleacher area. Okay.

Thank you. My number is . Bye.

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Item # 4.
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Item # 4.

Tay
lor Day
From: Laura Zieman
Sent: Tuesday, Auqust 20, 2024 5:34 PM
To: Public Comments; [email protected]
Subject: questions for Special City Council Meeting 8/22/24, and Board of Supervisor Honorable Lisa Swarthout
I You don't often get email from Learn why this is important Question - What is the responsibility of property owners to clear their properties of past fire damage?
10344 Centennial Drive
009-550-037-000 APN
AND 10350 Centennial Drive
APN 009-550-038-000
Site is also known homeless camp(s). Gates are broken. Large logs have been pushed aside.

Vehicles are accessing the property from Centennial Drive. Trash abundant. Recent GVPD report of dog hit on road then left for dead by the homeless owner. What is the responsibility of the owner to prevent trespassers that pose a risk to the Community at large?
Similar question related to PG & E Property at the corner of Rough & Ready Highway, Adams Avenue, and Ridge Road. What is property owners responsibility to keep weeds and debris cleared?
Parcel address nor APN number shows for the property on County Citizen available records via Tax Assessor Adjacent to 11613 Rough and Ready Highway 007-111-018-000.
and the school at 007-200-009-000
10085 Adam Avenue
Laura A. Zieman
15 Page 31
Item # 4.
16 Taylor Day
From: Anonymous - Voicemail box 8880 <[email protected]> Sent: Tuesday, August 20, 2024 3:36 PM
To: Public Comments
Subject: Voicemail from Anonymous at Anonymous on Aug 20 2024 3:32 PM Attachments: 1724193126-00000946.mp3
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Time: Tuesday, August 20 2024 3:32 PM
From: Anonymous Anonymous
Duration: 2 minutes 27 seconds
Voicemail box: 8880
Transcript:

Yes, my name is Lynn St. Jacques. I'm a longtime resident of Cedar Park Apartments on Sutton Way in Grass Valley. And Cambridge Management Company can well afford to replace the awnings, the carports, which were a health and safety issue. Our lighting was also embedded in the carports. we've been without lighting since the snowstorm as well. The parking lot is unlit, and it's unsafe. Since COVID, the management company has embarked on a program where they raise rents several times within a year. Most residents thought that the rental increases would be limited to a certain percentage a year or a certain number of rental increases. But Cambridge doesn't seem to agree with that, and people have had their rent increased, you know, every couple of months to the point where a lot of people have moved because their budgets just, you know, you move in thinking your rent's going to be one amount, and in months later it goes up a couple hundred dollars a month, that doesn't work for families. So, you know, my position is watching the company deteriorate, you know, after COVID. It seems like they discovered that, you know, they

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17 could get away with providing less and they can't keep tenants and they can't, well, the tenants mostly they can keep because there's such a housing shortage, but the turnover in maintenance staff is just incredible. So their business practices are such that it's, you know, it's not a benefit to employees or tenants, either one, and I believe that they can easily afford to replace those carports, which are essential for health and safety. So, I hope you can do something about that. Thank you. Goodbye. END Rate this transcript's accuracy M
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Item # 4.

Tay
lor Day
From:

Sent:

To:

Subject:

Daun Langston
Friday, Auqust 16, 2024 10:15 PM
Public Comments
Main crosswalk at South Auburn
You don't often get email from Learn why this is important I understand the situation with the crosswalk, but 3 out of 5 crossing in the morning of August 16, '24 from 8A-11A crossed traveling from Carolyns Coffee and headed to the Holbrook crossing on Main using the crosswalk you want to remove.

I know it is much more expensive to add an additional channel to the traffic controller for a controlled right turn signal. You should use the controlled intersection and not barriers to protect pedestrians in a foot traffic intensive intersection.

I truly appreciate cost efficiency but as you recall good traffic engineering suggest it is safer to accommodate pedestrians in a heavy foot traffic core and not force pedestrians to use three cross walks instead of the shortest path. Folks being on foot, pedestrians will ignore traffic barriers and walk around them. Your safety issue will get worse, not better.

I support your effort to squeeze more parking locations.

I designed the first computer-controlled traffic system adaptive controller installed in Saratoga California in 1968 while working for Intel as a proof of technology project for California Department of Transportation and Econolite Systems. Econolite launched a commercial adaptative silicon controller in 1971.

Previously, adaptive controllers made by Econolite were mechanical based devices adapted from timers made by Eaton originally designed for Whirlpool washing machines.

I am not a traffic engineer but hold a retired PE.

Daun
18 Page 34
Item # 4.
19 Taylor Day
From:

Sent: Thursday, August 15, 2024 9:52 PM
To: Public Comments
Subject: Proposed pedestrian closure of Main Street on west side of South Auburn Street [You don't oŌen get email from Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
I love Grass Valley’s walkability. The pedestrian crosswalk that you are proposing to eliminate is essenƟal to enjoying the restaurants, City Hall, and other business within two blocks of that area. Please keep the Main Street pedestrian access on the westerly side of South Auburn open to pedestrian traffic . It is essenƟal for compliance with Grass Valley’s 2018 Strategic Plan.

If there have been frightening instances between drivers and pedestrians, drivers need beƩer signage, signaling, paint colors or whatever, but do not close pedestrian traffic. That would hurt local businesses, tourists and residents. And maybe pedestrians also need beƩer traffic signaling and warning signs.

Thank you for considering my comments.

Garnet Holden
416 Eskaton Circle
GV 95945
Sent from my iPhone

Item # 4.

Tay
lor Day
From: Virginia Whitehead
Sent:

To:

Wednesday, Auqust 14, 2024 10:21 AM
Public Comments
Subject: Appreciation and Praise
You don't often get email from Learn why this is important Hello,
My name is Virginia Whitehead and I live at 100 Bawden Ave. I am the President of the Washington Hill Neighborhood Fire Coalition. Our neighborhood is located on the hill above downtown.

The objective of this correspondence is twofold.

First, to commend City Staff, City Council, Chief Buttron and the GV Fire Department.

Second, to share what our neighborhood FireWise Community has accomplished this year.

The front office staff at the city are consistently polite and responsive to my questions and concerns.

There are signs that Investigations are being processed and home owners are responding by doing the work.

Thank You to All who worked out the design and passage of Measure B Thank You to Chief Buttron for passing on the information regarding BerryHill Canyon and other planned Measure B projects. Very helpful!!
Thank You to the City, County, and Waste Management for the 2 free green waste roll-offs! Our accomplishments include filling the 2 free roll-off containers plus 3 more paid for by our coalition.

That alone was 250 cubic yards of fuel (green waste) removed from our neighborhood.

A $3600.00 mini-grant from Sierra Business Council covered the cost of creating a shaded fuel break directly benefiting 9 homes. Again massive amounts of fuel were removed.

Hilltop Commons Retirement Facility has completed their maintenance which includes a shaded fuel break behind a number of our homes and improved roadside clearance along Eureka St.

The neighbors tell me work is continuing in the BerryHill Canyon and I am assuming that is the start of our Measure B projects. That canyon has long been a worry for our Hill St. residents.

The residents of Washington Hill will continue to make improvements around our homes and neighborhood.

Thanks to All for your support!
Virginia Whitehead
20 Page 36
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21 Washington Hill Neighborhood Fire Coalition

Item # 4.

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Conflict of Interest Code Update
CEQA: Not a project
Recommendation: That Council approve the City Manager signing of the City of Grass Valley Biennial Notice and adopt the 2024 Conflict of Interest Code and corresponding Resolution 2024-68 approving changes to the code.

Prepared by: Taylor Day, Deputy City Manager
Council Meeting Date: 09/10/2024 Date Prepared: 09/05/2024 Agenda: Consent
Background Information: The City last updated its Conflict of Interest Code in March 2020. The Political Reform Act requires every local agency to review its Conflict of Interest Code biennially to ensure it is accurate and/or to determine if it needs to be amended. Once a determination has been made a notice must be submitted to the code reviewing body. Attached is the Biennial Notice of Review showing that it has been determined that the following revisions are necessary to the Conflict of Interest Code:
 Add Deputy City Manager (added)
 Add City Planner position (added)
 Add Senior Planner (added)
 Add Deputy Public Works Director (added)
Council Goals/Objectives: N/A
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
 R2024-68
 Revised Conflict of Interest Code

Item # 5.

RESOLUTION NO. 2024-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY UPDATING THE CITY’S CONFLICT OF INTEREST CODE, AMENDING EXHIBIT “A” OF RESOLUTION NO. 2022-54 ADOPTED JUNE 28, 2022, AND AUTHORIZING EXECUTION OF THE 2024 LOCAL AGENCY BIENNIAL NOTICE.

WHEREAS, California Government Code §87300 requires that every City adopt and promulgate a Conflict of Interest Code; and
WHEREAS, in 1990 Government Code Section 87306.5 was added to the Political Reform Act requiring every local agency’s code reviewing body to review its Conflict of Interest Code and to either amend said code if necessary or report that no such amendment is necessary; and
WHEREAS, Deputy City Manager, City Planner, Senior Planner, and Deputy Public Works Director have reviewed its Conflict of Interest Code and have determined that changes have occurred within the agency which warrant an amendment to the code.

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

1. The above recitals are true and correct.

2. The Council authorizes the execution of the 2024 Local Agency Biennial Notice.

3. That pursuant to Government Code Section 87300 et. Seq. The City Council of Grass Valley adopts the amendments to the Conflict of Interest Code attached here to as Exhibit “A” by adding Deputy City Manager, City Planner, Senior Planner, and Deputy Public Works Director

4. That the Conflict of Interest Code adopts and incorporates by reference Cal Code of Regulations, section 18730 and its amendments thereby standardizing the City’s Conflict of Interest Code.

5. That said Conflict of Interest Code continues to consist of two (2) parts;
a) the body of the code contains basic provisions required by section 87300 such as the manner of reporting financial interests, the procedure for filing statements of economic interest, and the method to be used by designated position when they are required to disqualify themselves from
participating in decision; and
b) the appendix to said code continues to list those designated positions within the City of Grass Valley and the corresponding disclosure categories for each.

Item # 5.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 10th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

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

Item # 5.

CONFLICT OF INTEREST CODE

FOR THE

CITY OF GRASS VALLEY
SECTION 1: Conflict of Interest Code – Adopted 6/28/2022 The Political Reform Act, Government Code Section 8100, et. seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal.

Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference and may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the city of Grass Valley, which is considered by “agency” within the purview of this code. The Conflict of Interest Code of the City of Grass Valley previously in effect will conform to this newly adopted code.

SECTION 2: Same-Statements
Designated employees shall file statement of economic interests with the City Clerk, who shall be and performs the duties of filing officer for the City of Grass Valley, the Successor Agency to the Redevelopment Agency of the City of Grass Valley.

SECTION 3: Savings Clause
Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission of any penalty for forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other conflict of interest code.
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations.)

ATTACHMENT A
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306

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if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies.

Such persons are covered by this code for disqualification purposes only.

With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories 3 are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.

Item # 5.

(4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.
(5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to

Item # 5.

influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests.
(A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or

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more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be
reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.

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(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $500. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $500 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of

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the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate
for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any
given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of
limitations for filing an action for default has expired.

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2. If the loan has no defined date or dates for repayment, when one year has
elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but
on which the creditor has taken reasonable action to collect the balance due.

2. A loan that would otherwise be a gift as set forth under subdivision (A), but
on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

3. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or

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(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The 13 fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification

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provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
__________________
Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 15
5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency.
6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42). 16

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9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9- 97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)- (b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11- 99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6- 2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2- 1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

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Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)- (b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10- 2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31- 2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

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Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12- 2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

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APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: ADMINISTRATION DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
City Administrator/City Manager 1
Deputy City Manager 1
City Clerk 1
Deputy City Clerk 1
City Attorney 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: COMMUNITY DEVELOPMENT DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Community Development Director 1
City Planner 1
Principal Planning 1
Senior Planner 1
Building Official 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: FIRE DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Fire Chief 1
Fire Marshall 2, 4, 22
Battalion Chief 2, 4, 14, 22
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: POLICE DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Police Chief 1
Deputy Police Chief 1
Captain 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

Item # 5.

APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: FINANCE/ADMINISTRATIVE SERVICES DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Administrative Services Director 1
Deputy Administrative Services 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX “A”
City of Grass Valley
Conflict of Interest Code

LIST OF DESIGNATED POSITIONS
DEPARTMENT: PUBLIC WORKS/.ENGINEERING DATE: 06/28/2022

JOB TITLE DISCLOSURE CATEGORY
Public Works Director of Operations 1
Deputy Public Works Director 1
City Engineer 1
Assistant City Engineer 1
Utilities Director 1
Utilities Superintendent/Chief Treatment Plant Operator 1 Senior Civil Engineer 1
Associate Civil Engineer 1
Consultants* 1
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

The City Administrator or his/her designee may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator or his/her designee’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

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APPENDIX B

MASTER LIST OF DISCLOSURE CATEGORIES

SPECIFICATION SHEET

REPORTABLE INVESTMENTS, INTERESTS IN REAL PROPERTY, AND

INCOME AGENCIES OF THE CITY OF GRASS VALLEY
DEFINITION: “Unit” as used in this text means the particular department, board, commission, office or other entity using the disclosure category.

Disclosure Category

1. All investments and business positions in business entities, sources of income and interests in real property.

2. Investments and business positions in business entities, and all sources of income.

3. Interests in real property.

4. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment of machinery of the type used by the designated employee’s unit.

5. Investments and business positions in, and income from entities which are book outlets, vendors or providers of business services.

6. Investments and business positions in business entities and income from sources engaged in construction, building, or material supply.

7. Investments and business positions in business entities and income from sources which supply or manufacture solar energy systems.

8. Investments and business positions in business entities and income from sources engaged in construction or development.

9. Investments and business positions in, and income from sources engaged in the construction of public works projects.

10. Investments and business positions in business entities and income from construction companies involved in progress payments.

11. Investments and business positions in, and income from construction firms involved in construction projects subject to acceptance by the City Council.

12. Investments and business positions in business entities and income from business entities of the type to provide bids, supplies, vehicles and equipment.

Item # 5.

13. Investments and business positions in, and income from entities which provide training, services or facilities of the type utilized by the City.

14. Investments and business positions in, and income from entities which provide services and supplies of the type used in emergency services coordination/training activities.

15. Investments and business positions in, and income from Union Pension Funds that may be affected by the outcome of negotiations involving monetary settlements and employer-employee memorandums.

16. Investments and business positions in, and income from entities providing medical services or facilities of the type used by the City.

17. Investments and business positions in, and income from business entities engaged in providing eye examinations and eyeglasses, including opticians, ophthalmologists, etc.

18. Investments and business positions in and income from business entities supplying or manufacturing electronic equipment, supplies or services of the type utilized by the employee’s unit.

19. Investments and business positions in, and income from business entities providing supplies, services, equipment or machinery of the type used by the City.

20. Investments and business positions in, and income from employment agencies or entities which provide employment or pre-employment services. Services include testing, training, consulting, job classification studies and salary surveys.

21. Investments and business positions in, and income from business entities which are of the type to provide any of the various types of employee insurance coverage and/or actuarial services.

22. Investments and business positions in business entities, and income from sources which supply or manufacture firefighting equipment or supplies.

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Pioneer Community Energy JPA Amendment
CEQA: Not a project
Recommendation: Adopt a Resolution of the City of Grass Valley Approving the Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy Prepared by: Taylor Day, Deputy City Manager
Council Meeting Date: 09/10/2024 Date Prepared: 09/05/2024 Agenda: Consent
Background:

Pioneer Community Energy (“Pioneer”) is a Joint Powers Authority (“JPA”) formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin. Pioneer is a Community Choice Aggregation Program (“CCA”) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary goal of providing stable and competitive electricity rates to the residents and businesses within its member jurisdictions. Pioneer purchases the electricity supply and Pacific Gas & Electric (“PG&E”) transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain the distribution infrastructure. PG&E also continues to provide meter reading and billing services for Pioneer’s customers.

At the January 18, 2024, the Pioneer Governing Board (“Board”) meeting, the Board adopted resolution approving the Second Amended and Restated JPA for Pioneer. The bulk of the changes were clarifying or clerical in nature. The most substantive change was to Section 19, Amendment. The current process requires all amendments to the JPA be individually approved by each Voting Member resulting in complications and delays and the proposed language provided remedy by eliminating this requirement for certain amendments and allowing the Board to approve such amendments to the JPA with a two-thirds vote after providing notice to Voting Members.

Subsequently, at the March 12, 2024 City of Grass Valley Council meeting, the Council adopted all of the proposed amendments. However, the City of Rocklin and the Town of Loomis provided additional amendments for consideration:
 Section 14.A and B (Rocklin): relates to the process to withdraw from the JPA.

The proposed amendment requires any change to this section to be approved by

Item # 6.
the Voting Members and include Section 14.A and B in Section 19.  Section 19 (Loomis): amended to provide forty-five (45) days written note to all Members of amendments to the JPA from the current thirty (30) days.  Title Change: Change the title of the Executive Director to Chief Executive Officer.

At the June 20, 2024, Pioneer Board meeting, the Board approved the amendments provided by the Town of Loomis and the City of Rocklin and an administrative amendment related to the title change.

Due to the Second Amended and Restated JPA not unanimously approved, the adoption of the Resolution at the March 12, 2024, City of Grass Valley Council meeting, is not in effect. The Revised Second Amended and Restated JPA includes prior amendments approved at Pioneer’s Board meeting on January 18th and June 20th.

The Pioneer Board is expected to execute the Revised Second Amended and Restated JPA at the September 19, 2024, Pioneer Board meeting.

Council Goals/Objectives: N/A
Fiscal Impact: There is no fiscal impact to the City of Grass Valley.

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

1. R2024-69

2. Revised Second Amended and Restated Joint Exercise of Powers Agreement

3. Joint Powers Agreement Redline

4. Staff Report from June 20, 2024, Pioneer Community Energy Board Meeting

Item # 6.

RESOLUTION NO. 2024-69

A RESOLUTION OF THE CITY COUNCIL OF GRASS VALLEY APPROVING

THE REVISED SECOND AMENDED AND RESTATED JOINT EXERCISE OF

POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax; and WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansion platform for the mPOWER Program; and
WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation (“CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated JPA allowed for the
establishment of a Community Choice Aggregation Program within the jurisdictions of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and WHEREAS, the Amended and Restated JPA became effective on February 22, 2017; and
WHEREAS, on July 17, 2017, the Governing Board of the Sierra Valley Energy Authority took action to rename and brand Sierra Valley Energy Authority as Pioneer Community Energy (“Pioneer”); and
WHEREAS, the Governing Board of Pioneer has since approved five amendments to the Amended and Restated JPA, which make certain changes and add new Voting Members to the JPA; and
WHEREAS, pursuant to Section 19 of the Amended and Restated JPA, the governing body of each Voting Member must individually approve amendments to the Amended and Restated JPA and thereafter the Governing Board of Pioneer ratifies the amendment; and
WHEREAS, individual approval of amendments by each Voting Member results in logistical complications and delays, which can be remedied by eliminating this requirement for certain amendments and allowing the Governing Board of Pioneer to approve such amendments to the JPA with a two-thirds vote after providing notice to the Voting Members; and
WHERAS, the Revised Second Amended and Restated JPA
includes all amendments proposed in the Second Amended and Restated JPA; and
WHEREAS, the Revised Second Amended and Restated JPA
includes additional amendments of (1) requiring any proposed amendments to

Item # 6.

Member withdrawal (Section 14.A and B) will require Voting Member approval; (2) extend the notification period to Members of an upcoming amendment to the JPA from thirty (30) days to forty-five (45) days; and reflect the title change from Executive Director to Chief Executive Officer; and
WHEREAS, to these ends, the COUNCIL OF THE CITY OF GRASS VALLEY desires to approve the execution of the Revised Second Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy to incorporate the changes made by the previous amendments to the Amended and Restated JPA, clarify language, correct clerical errors, and streamline adoption of amendments to the JPA that no not directly impact the member agencies or change the nature of Pioneer or its powers.

NOW, THEREFORE, the COUNCIL OF GRASS VALLEY hereby resolves as follows:

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

Section 2. The GRASS VALLEY CITY COUNCIL hereby approves the Revised Second Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy, in the form attached hereto as Exhibit “A,” and authorizes and directs the Mayor to execute the Revised Second Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy in the name and on behalf of GRASS VALLEY.

Section 3. This Resolution shall take effect immediately upon its adoption.

Exhibit A: Revised Second Amended and Restated Joint Exercise of Powers Agreement.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 10th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

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

Item # 6.

REVISED

SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR PIONEER COMMUNITY ENERGY
This Revised Second Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement” or “Revised JPA”) amends and restates the Amended and Restated Joint Exercise of Powers Agreement (“Amended and Restated JPA”), with the effective date of February 22, 2017, for PIONEER COMMUNITY ENERGY, (hereafter “Pioneer”), as amended and executed pursuant to Amendments No. 1 through 5, by and among the Voting Members (including the New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California who become signatories to this Agreement, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).

RECITALS:

A. Whereas, each of the Members has a vested interest in the economic well-being of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development;
B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by Pioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1) Providing electric power and other forms of energy to customers at a competitive cost;
2) Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
3) Carrying out programs to reduce energy consumption;
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions;

Item # 6.

E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members’ jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through Pioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1(b) and 366.2(12)(A).

G. Whereas, on September 9, 2015 the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and H. Whereas, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Aggregation Program within the jurisdictions of the Voting Members; and
I. Whereas, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
J. Whereas, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and
K. Whereas, Amendments No. 2 through 4 to the Amended and Restated JPA made certain changes to the Amended and Restated JPA; and
L. Whereas, Amendment No. 5 to the Amended and Restated JPA, which was approved by the Governing Board on October 25, 2022 and became effective February 27, 2023, authorized the City of Nevada City and the City of Grass Valley as Voting Members; and
M. Whereas, on January 18, 2024, the Governing Board approved the Second Amended and Restated Joint Powers Agreement to clean-up and streamline the approval process for future amendments to the Agreement; and N. Whereas, the Second Amended and Restated Joint Powers Agreement did not receive a unanimous vote of all of the governing bodies of the Voting Members; O. Whereas, the Board of Directors wish to amend the proposed Second Amended and Restated Joint Powers Agreement approved by the Board of Directors on

Item # 6.

January 18, 2024 to incorporated the requested amendments of the Voting Members.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:

Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, Pioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of Pioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.

The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.

Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.

Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize Pioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). Pioneer may provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by Pioneer within the territorial jurisdiction of such Associate Members.

Section 3. Effective Date and Term
This Agreement shall be effective as a revised second amendment and restatement of the Original Agreement, and Pioneer shall continue to exist as a separate public agency under the terms of this Agreement after approval and signature of the Revised Second Amended and Restated Agreement by all Voting Members. This Agreement shall be in full force and effect

Item # 6.
until terminated in the manner herein provided, subject to the rights of the Members to withdraw from Pioneer.

Section 4. Powers
Pioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by Pioneer within the territory of Pioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of Pioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.

Pioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 5C and Section 8:

A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Chief Executive Officer;
C. to acquire, contract, manage, maintain, and operate ally buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;
F. to sue and be sued in its own name;
G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the MarksRoos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of Pioneer, as Pioneer determines is

Item # 6.
advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code; J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of Pioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services; N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of Pioneer;
O. to establish a non-voting “Associate Member” status that provides membership in Pioneer to jurisdictions that are outside jurisdictional boundaries of Pioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by Pioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by Pioneer. The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to Pioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement; P. to execute agreements for the purpose of authorizing Pioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by Pioneer in implementing a program, including indirect costs, shall be costs of Pioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.

Item # 6.

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of Pioneer shall consist of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by each Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).

The Boards of Supervisors, City Councils and Town Councils of the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors, City Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

B. Quorum. The majority of the members of the Board shall constitute a quorum.

No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.

C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of Pioneer, consistent with this Agreement and applicable law. Unless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.

D. Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.

E. Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of Pioneer.

F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.

Item # 6.

H. Board Member Compensation. Board Members shall serve without compensation from Pioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by Pioneer of expenses incurred by Board Members.

Section 6. Chief Executive Officer and Other Staff
A. Chief Executive Officer. The Board shall appoint a Chief Executive Officer for Pioneer, who shall be responsible for the day-to-clay operation and management of Pioneer. The Chief Executive Officer may exercise all powers of Pioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Chief Executive Officer shall hire and supervise any Pioneer employees or consultants.

B. Chief Executive Officer Reports to the Board. The Chief Executive Officer shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of Pioneer during the preceding fiscal quarter. The Bylaws shall specify the information to be included in the Chief Executive Officer’s reports.

C. Services Providers. The Chief Executive Officer may appoint one or more services providers to serve as Pioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between Pioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by Pioneer. This section shall not in any way be construed to limit the discretion of Pioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.

D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by Pioneer and to report to the Board.

E. Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.

Item # 6.

Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for Pioneer. The Treasurer shall be the depository of Pioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9.

The Governing Body shall appoint an Auditor-Controller for Pioneer in compliance with the Act.

The Auditor-Controller of Pioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. Pioneer of the Board to appoint a Treasurer and Auditor/Controller shall include Pioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.

Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination. Action of the Board on matters set forth in Section 15A (involuntary termination of a Member) shall require the affirmative vote of at least two-thirds of the Board Members; provided, however, the Member subject to involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.

B. Amendment. Action of the Board on matters set forth in Section 19 (amendment of this Agreement) shall require an affirmative vote of at least two-thirds of the Board members.

C. Eminent Domain. A decision to exercise the power of eminent domain on behalf of Pioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.

D. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.

Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, Pioneer shall have such fiscal year from July 1 to and including the following June 30.

B. Depository. All funds of Pioneer shall be held in separate accounts in the name of Pioneer and not commingled with funds of any Member or any other person or entity. All funds of Pioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of Pioneer shall be open to inspection by the Members at all reasonable times, The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of Pioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

Item # 6.

C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Pioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of Pioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.

E. Funding of Initial Costs. The County of Placer funded certain activities necessary to implement the CCA Program. These costs were repaid in full when the CCAP Program became operational.

F. CCA Program Costs. The Members desire that all costs incurred by Pioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

Section 10. Implementation Action and Pioneer Documents A. Each Member shall adopt an ordinance or resolution in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in Pioneer.

B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member’s jurisdiction included in the service territory of the CCA.

C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to Pioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member’s incorporated area and to the contractual assessment financing of certain improvements (as enumerated from time to time in Chapter 29, “Improvements”) by Pioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to Pioneer’s PACE Program, and to the assumption of jurisdiction thereover by Pioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize Pioneer to take each step required for it to provide contractual assessment financing for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the

Item # 6.

Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.

Pioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.

D. Implementation Plan and Statement of Intent. Pioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall take an action to approve the membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.

E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of Pioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.

F. Pioneer Documents. The Members acknowledge and agree that the affairs of Pioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Members’ right to withdraw from Pioneer as described in Section 14.

Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice

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or by law. All books and records of Pioneer shall be open to inspection at all reasonable times by any Member to this Agreement or its representatives. Annual audits of Pioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 12. Debts, Liabilities and Obligations
Pioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of Pioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of Pioneer. A Member who has not agreed to assume a Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of Pioneer. Should any debt, liability or obligation of Pioneer not be waived or allowed payable through assets of Pioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 13. Insurance and Indemnity
Pioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of Pioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the Voting Members as additional insureds. Pioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of Pioneer under this Agreement.

Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of Pioneer’s fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to Pioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.

B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in Pioneer following an amendment to this Agreement adopted by the Board which the Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.

C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 15B. The withdrawing Voting Member and Pioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to

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effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.

D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from Pioneer shall be governed by the applicable PACE Agreement or CCC Agreement.

Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member’s participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated.

The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.

B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by Pioneer to serve the Member’s load. With respect to such liability, upon notice by an Member that it wishes to withdraw from the program, Pioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. Pioneer may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with Pioneer, as reasonably determined by Pioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s

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funds held on deposit with Pioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member. The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.

C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a Voting Member to withdraw its participation in the CCA Program, as described in Section 14A.

D. Disposition of Property upon Termination of Pioneer. Upon termination of this Agreement, any surplus money or assets in possession of Pioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

E. Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.

Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to Pioneer a resolution of the public agency approving of this form of participation.

B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE

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Agreement and (ii) the Board approving the qualified public agency as a nonvoting Associate Member.

C. The date and terms upon which the applying public agency will become a nonvoting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.

Section 17. Termination of Powers
Pioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.

Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 15, all costs, expenses, and charges legally incurred by Pioneer shall be paid and discharged; and Pioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members.

Section 19. Amendments
This Agreement may only be amended by a written amendment approved by a vote of Board Members as provided in Section 8. Amendments to Sections 4, 14.A. and B of this Agreement, and the addition of new Voting Members shall also be separately approved by a duly adopted resolution of the governing board of each Member. Pioneer shall provide written notice to all Members of amendments to this Agreement at least forty-five (45) days prior to the date upon which the proposed amendment is being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.

Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.

Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement. There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement.

This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.

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Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date that the last Voting Member h executed this Agreement.

WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:

IN WITNESS WHEREOF, the parties have executed this Revised Second Amended and Restated Joint Powers Agreement.

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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

SIGNATURES CONTINUED ON NEXT PAGE

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Exhibit A
Voting Members and Associate Members
Section A.1 Voting Members
City of Auburn
City of Colfax
City of Grass Valley
City of Lincoln
City of Nevada City
City of Placerville
City of Rocklin
County of El Dorado
County of Placer
Town of Loomis
Section A.2 Associate Members
City of Folsom
County of Sacramento
Town of Truckee

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REVISED

SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR THE SIERRA VALLEYPIONEERPIONEER COMMUNITY

ENERGY AUTHORITY
THISThisThis Revised Second Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement” or “Revised JPA”) amends and restates the Amended and Restated Joint Exercise of Powers Agreement for the SIERRA VALLEY(“Amended and Restated JPA”), with the effective date of February 22, 2017, for PIONEER COMMUNITY ENERGY AUTHORITY, (hereafter “Authority”) originally entered as of September 9, 2015, (the “Original Agreement”) which was by and between the COUNTY OF PLACER, and the CITY OF COLFAX, bothPioneerPioneer”), as amended and executed pursuant to Amendments No. 1 through 5, by and among the Voting Members (including the New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California. By this amendment and restatement it becomes a Joint Exercise of Powers Agreement by and between the COUNTY OF PLACER, the CITY OF COLFAX and the cities of Rocklin, Lincoln and Auburn and the town of Loomis within the County of Placer who become signatories to this Agreement (the “New Voting Members”, and together with the County of Placer and the City of Colfax, the “Voting Members”), as well as those local agencies that become signatories to this Agreement as Associate Members, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).

RECITALS:

A. Whereas, each of the Members has a vested interest in the economic well-being of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development;
B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by the AuthorityPioneerPioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1) Providing electric power and other forms of energy to customers at a competitive cost;

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2) Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
3) Carrying out programs to reduce energy consumption;
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions; E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members’ jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through the AuthorityPioneerPioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1(b) and 366.2(12)(A).¶ G. Whereas, on September 9, 2015 the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and ¶ H. Whereas, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Aggregation Program within the jurisdictions of the Voting Members; and¶
I. Whereas, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and ¶
J. Whereas, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and ¶
K. Whereas, Amendments No. 2 through 4 to the Amended and Restated JPA made certain changes to the Amended and Restated JPA; and¶
L. Whereas, Amendment No. 5 to the Amended and Restated JPA, which was approved by the Governing Board on October 25, 2022 and became effective

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February 27, 2023, authorized the City of Nevada City and the City of Grass Valley as Voting Members; and ¶
M. Whereas, the Voting Members wish to amend and restate theon January 18, 2024, the Governing Board approved the Second Amended and Restated JPAJoint Powers Agreement to clean -up and streamline the Agreementapproval process for future amendments to the Agreement; and¶
N. Whereas, the Second Amended and Restated Joint Powers Agreement did not receive a unanimous vote of all of the governing bodies of the Voting Members; ¶ O. Whereas, the Board of Directors wish to amend the proposed Second Amended and Restated Joint Powers Agreement approved by the Board of Directors on January 18, 2024 to incorporated the requested amendments of the Voting Members.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:

Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, the AuthorityPioneerPioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of the AuthorityPioneerPioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.

The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.

Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the AuthorityPioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.

Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize the AuthorityPioneerPioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). The AuthorityPioneerPioneer may

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provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by the AuthorityPioneerPioneer within the territorial jurisdiction of such Associate Members. As of the Effective Date of this Agreement, the Associate Members include the County of Nevada, County of Sacramento, City of Grass Valley, City of Folsom, City of Nevada City and Town of Truckee.

Section 3. Effective Date and Term
This Agreement shall be effective as anaa revised second amendment and restatement of the Original Agreement, and the AuthorityPioneerPioneer shall continue to exist as a separate public agency under the terms of this Agreement upon executionafterafter approval and signature of the Revised Second Amended and Restated Agreement by the County of PlacerNew Members and after the City of ColfaxCalifornia Public Utilities Commission certifies the Implementation Plan filed by Pioneer to include the Newall Voting Members. This Agreement shall be in full force and effect until terminated in the manner herein provided, subject to the rights of the Members to withdraw from the AuthorityPioneerPioneer.

Section 4. Powers
The AuthorityPioneerPioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by the AuthorityPioneerPioneer within the territory of the AuthorityPioneerPioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of the AuthorityPioneerPioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.

The AuthorityPioneerPioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section SC5C and Section 8:

A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Chief Executive DirectorOfficer;
C. to acquire, contract, manage, maintain, and operate ally buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;

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F. to sue and be sued in its own name;
G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the MarksRoos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of the AuthorityPioneer, as the AuthorityPioneerPioneer, as Pioneer determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code;
J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of the AuthorityPioneerPioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services; N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of the AuthorityPioneerPioneer; O. O to establish a non-voting “Associate Member” status that provides membership in the AuthorityPioneerPioneer to jurisdictions that are outside jurisdictional boundaries of the AuthorityPioneerPioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by the AuthorityPioneerPioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by the AuthorityPioneerPioneer.

The rights of Associate Members shall be limited solely to those terms and

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conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to AuthorityPioneerPioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement;
P. to execute agreements for the purpose of authorizing the AuthorityPioneerPioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by the AuthorityPioneerPioneer in implementing a program, including indirect costs, shall be costs of the AuthorityPioneerPioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the AuthorityPioneerPioneer shall consist of up to a eleven (11) person Board, consisting of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by the El Dorado County Board of Supervisors, the Cities of Auburn, Colfax, Grass Valley, Rocklin, Lincoln, Nevada City, Placerville and the Town of Loomiseacheach Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).

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

B. Quorum. The majority of the members of the Board shall constitute a quorum.

No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.

C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of the AuthorityPioneerPioneer, consistent with this Agreement and applicable law.

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Action by the AuthorityUnlessUnless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.

D. Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.

E. Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the AuthorityPioneerPioneer.

F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.

H. Board Member Compensation. Board Members shall serve without compensation from the AuthorityPioneerPioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by the AuthorityPioneerPioneer of expenses incurred by Board Members.

Section 6. Chief Executive DirectorOfficer and Other Staff A. Chief Executive DirectorOfficer. The Board shall appoint ana Chief Executive DirectorOfficer for the AuthorityPioneerPioneer, who shall be responsible for the day-to-clay operation and management of the AuthorityPioneerPioneer. The Chief Executive DirectorOfficer may exercise all powers of the AuthorityPioneerPioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Chief Executive DirectorOfficer shall hire and supervise any AuthorityPioneerPioneer employees or consultants.

B. Chief Executive DirectorOfficer Reports to the Board. The Chief Executive DirectorOfficer shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of the AuthorityPioneerPioneer during the preceding fiscal quarter. The Bylaws shall specify the information to be included in the Chief Executive DirectorOfficer’s reports.¶¶

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C. Services Providers. The Chief Executive DirectorOfficer may appoint one or more services providers to serve as the AuthorityPioneerPioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between the AuthorityPioneerPioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by the AuthorityPioneerPioneer. This section shall not in any way be construed to limit the discretion of the AuthorityPioneerPioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.

D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by the AuthorityPioneerPioneer and to report to the Board.

E. Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.

Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for the AuthorityPioneerPioneer. The Treasurer shall be the depository of the AuthorityPioneerPioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9. The Governing Body shall appoint an AuditorController for the AuthorityPioneerPioneer in compliance with the Act. The Auditor-Controller of the AuthorityPioneerPioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. The authorityPioneerPioneer of the Board to appoint a Treasurer and Auditor/Controller shall include the authorityPioneerPioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.

Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination or Amendment. Action of the Board on the matters set forth in Section 14515A (involuntary termination of a Member), or section 18 (amendment of this Agreement) shall require the affirmative vote of at least twothirds of the Board Members; provided, however, the Member subject to

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involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.¶ B. Amendment. Action of the Board on matters set forth in Section 1819 (amendment of this Agreement) shall require thean affirmative vote of at least two-thirds of the Board Members.¶
C. B. Eminent Domain. A decision to exercise the power of eminent domain on behalf of the AuthorityPioneerPioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.

D. C. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.

Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, the AuthorityPioneerPioneer shall have such fiscal year from July 1 to and including the following June 30.

B. Depository. All funds of the AuthorityPioneerPioneer shall be held in separate accounts in the name of the AuthorityPioneerPioneer and not commingled with funds of any Member or any other person or entity. All funds of the AuthorityPioneerPioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the AuthorityPioneerPioneer shall be open to inspection by the Members at all reasonable times, The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of the AuthorityPioneerPioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an AuthorityPioneerPioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the AuthorityPioneerPioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.

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E. Funding of Initial Costs. The County of Placer has funded certain activities necessary to implement the CCA Program. If the CCA Program becomes operational, these initial costs paid by the County of Placer shall be included in the customer charges for electric services as provided by Section 14 to the extent permitted by law, and the County of Placer shall be reimbursed from the payment of such charges by customers of the Authority. Prior to such reimbursement, the County of Placer shall provide such documentation of costs paid as the Board may request. In the event that the CCATheseThese costs were repaid in full when the CCAP Program does not becomebecamebecame operational, the County of Placer shall not be entitled to any reimbursement of the initial costs it has paid from the Authority or any Member.

F. CCA Program Costs. The Members desire that all costs incurred by the AuthorityPioneerPioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

Section 10. Implementation Action and AuthorityPioneerPioneer Documents A. Each Member shall adopt an ordinance or resolution in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in the AuthorityPioneerPioneer.

B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member’s jurisdiction included in the service territory of the CCA.

C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to AuthorityPioneerPioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member’s incorporated area and to the contractual assessment financing of certain improvements (as enumerated from time to time in Chapter 29, “Improvements”) by AuthorityPioneerPioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to the AuthorityPioneerPioneer’s PACE Program, and to the assumption of jurisdiction thereover by AuthorityPioneerPioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize AuthorityPioneerPioneer to take each step required for it to provide contractual assessment financing for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The

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New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.

The AuthorityPioneerPioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.

D. Implementation Plan and Statement of Intent. The AuthorityPioneerPioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall take an action to approve the membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.

E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the AuthorityPioneerPioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.

F. AuthorityPioneerPioneer Documents. The Members acknowledge and agree that the affairs of the AuthorityPioneerPioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Members’ right to withdraw from the AuthorityPioneerPioneer as described in Section 14.

Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice or by law. All books and records of the AuthorityPioneerPioneer shall be open to inspection at

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all reasonable times by any Member to this Agreement or its representatives. Annual audits of the AuthorityPioneerPioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 12. Debts, Liabilities and Obligations
The AuthorityPioneerPioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of the AuthorityPioneerPioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of the AuthorityPioneerPioneer. A Member who has not agreed to assume an Authorityaa Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of the AuthorityPioneerPioneer. Should any debt, liability or obligation of the AuthorityPioneerPioneer not be waived or allowed payable through assets of the AuthorityPioneerPioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 13. Insurance and Indemnity
The AuthorityPioneerPioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of the AuthorityPioneerPioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the [Voting Members] as additional insureds. The AuthorityPioneerPioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the AuthorityPioneerPioneer under this Agreement.

Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of the AuthorityPioneerPioneer’s fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to the AuthorityPioneerPioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.

B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in the AuthorityPioneerPioneer following an amendment to this Agreement adopted by the Board which the Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.

C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, Page 103 Item # 6.
as described in Section 15B. The withdrawing Voting Member and the AuthorityPioneerPioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.

D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from the AuthorityPioneerPioneer shall be governed by the applicable PACE Agreement or CCC Agreement.

Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member’s participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated.

The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.

B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by the AuthorityPioneerPioneer to serve the Member’s load. With respect to such liability, upon notice by an Member that it wishes to withdraw from the program, the AuthorityPioneerPioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period.

The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. The AuthorityPioneerPioneer

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may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with the AuthorityPioneerPioneer, as reasonably determined by the AuthorityPioneerPioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s funds held on deposit with the AuthorityPioneerPioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member.

The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.

C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a AssociateVotingVoting Member to withdraw its participation in the CCA Program, as described in Section 14A.

D. Disposition of Property upon Termination of AuthorityPioneerPioneer. Upon termination of this Agreement, any surplus money or assets in possession of the AuthorityPioneerPioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

E. Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.

Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to the AuthorityPioneerPioneer a resolution of the public agency approving of this form of participation.

B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of

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participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE Agreement and (ii) the Board approving the qualified public agency as a nonvoting Associate Member.

C. The date and terms upon which the applying public agency will become a nonvoting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.

Section 17. Termination of Powers
The AuthorityPioneerPioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.

Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 141515, all costs, expenses, and charges legally incurred by the AuthorityPioneerPioneer shall be paid and discharged; and the AuthorityPioneerPioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members.

Section 19. Amendments
This Agreement may notonlyonly be amended except by a written amendment approved by a vote of Board membersMembersMembers as provided in Section 8. The AuthorityAmendments to Section 4Amendments to Sections 4, 14.A. and B of this Agreement, and the addition of new Voting Members shall also be separately approved by a duly adopted resolution of the governing board of each Member. Pioneer shall provide written notice to all Members of amendments to this Agreement, including the effective date of such amendments, at least 30forty-five (45) days prior to the date upon which the proposed amendment is being considered by the Board votes on such amendments. Any. If the proposed amendment required to add a new Voting Member shall only be executed by the Voting Members. Any amendment required to add a new Associate Member shall only be executedisis adopted by the new Associate Member andBoardBoard, the Authority shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.

Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.

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Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement. There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement.

This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.

Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date that the second member has last Voting Member h executed thethis Agreement,.¶
¶¶
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WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:¶¶ ¶¶
¶
IN WITNESS WHEREOF, the parties have executed this Amendment NoRevised Second Amended and Restated Joint Powers Agreement. 3.¶¶
¶¶

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

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Chairman, Board of Supervisors
______________________________________
¶
SIGNATURES CONTINUED ON NEXT PAGE¶

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

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

SIGNATURES CONTINUED ON NEXT PAGE

Item # 6.
13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF COLFAX, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
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CITY OF ROCKLIN, a Municipal Corporation¶¶
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EXECUTED ON ¶¶
By: ¶¶
Mayor, ¶
SIGNATURES CONTINUED ON NEXT PAGE¶¶
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13065-0001\2976967v1.doc
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¶

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF LINCOLN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF NEVADA CITY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF PLACERVILLE, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF ROCKLIN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, Town Council
TOWN OF LOOMIS, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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13065-0001\2976967v1.doc
Exhibit A¶
Voting Members and Associate Members¶¶
¶¶
Section A.1 Voting Members ¶
City Councilofof Auburn¶¶
¶¶
And approved as to form:¶¶
¶¶
City Attorneyofof Colfax¶¶
¶¶
ATTEST:¶¶
¶¶
City Clerkofof Grass Valley ¶¶
¶¶

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-2-
13065-0001\2976967v1.doc
¶¶
TOWN OF LOOMIS, a Municipal Corporation¶¶
¶¶
EXECUTED ON ¶¶
By: ¶¶
Mayor, ¶
City of Lincoln¶¶
City of Nevada City
City of Nevada City¶¶
City of Placerville¶
City of Rocklin¶
County of El Dorado¶
County of Placer¶
Town of Loomis¶¶
¶¶
And approved as to form:¶¶
¶¶
¶¶
Town Attorney¶¶
¶¶
ATTEST:¶¶
¶¶
¶¶
Town Clerk¶¶
¶¶

Item # 6.
-3-
13065-0001\2976967v1.doc
¶¶
CITY OF LINCOLN, a Municipal Corporation¶¶
¶¶
EXECUTED ON ¶¶
By: ¶¶
Peter Gilbert, Mayor¶¶
¶¶
And approved as to form:¶¶
¶¶
¶¶
Mona Ebrahirni, ¶
Section A.2 Associate Members¶
City Attorneyofof Folsom¶¶
¶¶
ATTEST:¶¶
¶¶
¶¶
Gwen Scanlon, City Clerk¶¶
¶¶
¶¶
¶
County of Sacramento¶
Town of Truckee¶¶
¶¶
¶¶

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Staff Report – Item 4
To: The Governing Board
From: Patrick Enright, General Counsel
Don Eckert, Executive Director
Item 4: Adopt Resolution of the Governing Board of Pioneer Community Energy Approving the Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy
Date: 6/20/2024

RECOMMENDATION
Adopt a Resolution of the Governing Board of Pioneer Community Energy Approving the Revised Second Amended and Restated Joint Powers Agreement (hereinafter “Revised JPA”) for Pioneer Community Energy with any changes requested by the Governing Body.

BACKGROUND
In 2015, the Placer County and the City of Colfax entered into a Joint Powers Agreement (JPA) for the purpose of establishing the Sierra Valley Energy Authority to operate a PACE program. In 2017, the JPA was amended and restated to rename the agency Pioneer Community Energy, create a community choice aggregation program and add the cities of Auburn, Lincoln, Rocklin, and the Town of Loomis as member agencies. Since then, that First Amended and Restated JPA has been amended five times to make minor text changes and add new members.

On November 16, 2023, the Governing Board considered the Second Amended and Restated JPA and authorized staff to give thirty (30) days-notice to each member agency and proceed with the formal amendment process. Since the thirty (30) days has been provide and the Revised JPA is a continuation of the process to amend the JPA per comments from Board Agencies, there is no requirement to provide an additional thirty (30) days prior to the Governing Board approving the Revised JPA.

At the January 18, 2024 meeting, the Board of Directors approved the Second Amended and Restated Joint Powers Agreement (hereinafter “Second JPA”). Any amendment to the JPA requires a vote of all Board Members. Pioneer forwarded the Revised JPA to each of the Members. All of the Board Members have adopted Resolutions to approve the Revised JPA except for the Town of Loomis (“Loomis”) and the City of Rocklin (“Rocklin”).

The proposed Second JPA made the following revisions and changes to the JPA:  Name. Change name of agency to Pioneer Community Energy throughout (this was legally effectuated by a resolution adopted in 2017 but references to Sierra Valley Energy Authority remained in the First Amended and Restated); likewise changed references to “the Authority” to “Pioneer” for ease of reading.  Recitals. Update recitals to reflect history of Pioneer and subsequent amendments.  Effective date. Revise effective date to reflect Second Amended and Restated.  Exhibit A for List of Members. Remove references to specific member agencies in Sections 2 and 5 and of the JPA, moving the list of the members to a new Exhibit A for easier reference and updating.

Item # 6.

Agenda Item: 4 Agenda Date: 6/20/2024

 Special Voting Requirements. Revise Section 8 to separate the discussion of involuntary termination of a member from the discussion of general amendments to the JPA. We moved but did not change the requirement that amendments of the JPA require a 2/3 vote of the Governing Board.  Amendments. Revise Section 19, Amendments, to specify that only amendments to Section 4, Powers, and the addition of new member agencies requires approval by separate resolutions of each of the member agencies and to make other changes to streamline the amendment process.  Satisfied/completed obligations. Revise sections that have now been completed to indicate they are satisfied (for example, Section 9E, which describes the provision of startup funding by Placer County).  Clean-up. Fix incorrect cross references, revise confusing references and typos.

The bulk of the changes proposed were clarifying or clerical in nature. The primary substantive proposed change to the Second JPA was to Section 19. Currently, notice of a proposed amendment must be sent to each member agency 30 days in advance of the Board considering the amendment. A two-thirds majority of the Board is required to approve an amendment. Further, the amendment must be approved by separate resolution of each of the member agencies, and finally, notice must be provided to members after the amendment is final.

The Second JPA approved by the Board of Directors on January 18, 2024, simplified the amendment process that do not directly impact the member agencies or change the nature of Pioneer or its powers. The Second JPA provided a simplified process for amendments except for amendments to Section 4 (Powers) and amendments to add a new party to the JPA. For all amendments, except for section 14 and to add a new member, the Second JPA may be amended by a 2/3 vote of the Board of Directors. There is no longer a requirement for each member agency to approve by resolution the amendments to the JPA. For those amendments to section 4 and to add a new member, there was still the requirement for a separate resolution of each member agency to amend the JPA.

All other amendments could be approved by the Board with a two-thirds vote, with notice provided to the member agencies 30 days prior and after the action. Individual member agency approval by resolution would not be required. This is intended to allow amendments that are more internal in nature (affecting board membership, basic governance, etc.) to proceed with solely a Board vote. That said, member agencies would be given thirty (30) days written notice and an opportunity to object to any proposed amendment.

Status of Approval of Second Amended and Restated Joint Powers Agreement All Members Agencies approved the Second JPA except for Loomis and Rocklin. Loomis and Rocklin have different concerns, but the concerns revolved around the amendment to section 19 of the Second JPA that eliminated the requirement for most amendments to the JPA to be approved by resolution of each of the Member Agencies.

To address these concerns, Loomis proposed three options that greatly expand the amendments that need approval by resolution of all of the Board Agencies or do increase the time for Member Agencies to have to consider any amendments before the Pioneer Board of Directors approve any amendments, Staff after meeting with Loomis representatives is recommending that prior to the Board approving any amendment that each Member Agencies receive at forty-five (45) days written note, which is an increase from thirty (30) days. Loomis had request sixty (60) days, but is agreeable to forty-five (45) days. This also addresses Loomis’ concern that their Council only meets once a month and give the Town Council an opportunity to comment before any proposed amendment. Please attached a copy of the options that Loomis proposed for modifying the Second JPA.

Item # 6.

Agenda Item: 4 Agenda Date: 6/20/2024

Rocklin is requesting that Section 19 be amended to include section 14.A and B concerning the withdrawal of members from the JPA. Therefore, any amendment to section 14.A and B will require a resolution of approval from each of the Member Agencies.

ANALYSIS & DISCUSSION
Staff had discussions with representatives from Loomis and Rocklin and proposes the following modifications to the Second Amended and Restated Joint Powers Agreement as originally adopted by the Board of Directors in January.  Amendments. Revise Section 19, Amendments, to specify that besides amendments to Section 4, Powers, and the addition of new member agencies, that a unanimous vote of all of the members agencies is required to amend section 14.A and B of the JPA addressing withdrawals from the JPA. Any changes to Sections 4, 14.A and B and adding a new member will require approval by separate resolutions of each of the member agencies and to make other changes to streamline the amendment process.  Expand Notice Requirement. Revise section 19 to require at least 45 days’ notice to all Members of any proposed amendments to the JPA. This is an increase from thirty (30) days’ notice, and reflect that the Town of Loomis has only one regular meeting per month to consider any proposed amendments.  Change Title of Executive Director to Chief Executive Officer. Per the Employment Agreement recently entered into with Executive Director changing his title to Chief Executive Officer this change will ratify the change in title for the Executive Director.

There are no other changes from the 2nd JPA adopted by the Board of Directors on January 18, 2024. if the Board of Directors approve the Revised JPA, the Revised JPA must be approved by separate resolution of each of the member agencies, and finally, notice must be provided to members after the amendment is final.

STRATEGIC PLAN
The report supports the Strategic Priority: Operational Excellence.

FISCAL IMPACT
The Revised Second Amended and Restated JPA will not have any direct fiscal impact beyond the time of staff and General Counsel to process the amendment.

ATTACHMENTS

1. Resolution Approving Revised Second Amended and Restated JPA

2. Second Amended and Restated JPA approved by the Board on January 19, 2024

3. Redline version between the Second Amended and Restated JPA and the Revised Second Amended and Restated JPA.

4. Options of Town of Loomis

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Changing Historical Commission Meeting Times
CEQA: Not a Project
Recommendation: That Council adopt Resolution No. 2024-67 changing the regular meetings of the Historical Commission to 3:00 p.m. on the second Tuesday of each calendar month beginning October 1, 2024.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: September 10, 2024 Date Prepared: September 5, 2024 Agenda: Administrative
Background Information: At their meeting of August 13, 2024 the Grass Valley Historical Commission requested a time change from 4:00 p.m. on the second Tuesday of the month to 3:00 p.m. on the second Tuesday of the month. Their request is due to their possible need for lengthy discussions that may be unduly cut short due to the City Council meetings that were change to 6:00 p.m. and which follow their meetings.

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

Fiscal Impact: There is no fiscal impact with this proposed action.

Funds Available: N/A Account #: N/A
Reviewed by: City Manager Attachments: Resolution 2024-67

Item # 7.

RESOLUTION NO. 2024-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS

VALLEY ESTABLISHING REGULAR HISTORICAL COMMISSION

MEETING TIMES
WHEREAS, Section 1 ("Meetings.") of Article VI ("The Council, Powers and Duties") of the Grass Valley City Charter authorizes the City Council to "hold regular monthly meetings at time fixed by ordinance or resolution"; and WHEREAS, the City Council recently approved Resolution 2023-66 to change the meeting time of its regular City Council meetings from 7:00 p.m. to 6:00 p.m. beginning January 1, 2024.

WHEREAS, the City Council desires to change the meeting time of its regular Historical Commission meetings from 4:00 p.m. to 3:00 p.m. beginning October 1, 2024.

NOW THERFORE BE IT RESOLVED by the City Council of the City of Grass Valley as follows:

1. Recitals.That the foregoing statements are true and correct.

2. Meeting Time. Regular meetings of the Historical Commission shall be held at 3:00 p.m. on the second Tuesday of each calendar month beginning October 1, 2024.

3. Effective Date. This Resolution shall take effect immediately upon adoption.

4. Certification. The Grass Valley City Clerk shall attest to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:
________________________________
Jan Arbuckle, Mayor

Item # 7.

ATTEST:
_____________________________
Taylor Whittingslow, City Clerk
APPROVED AS TO FORM:
_______________________________________
Michael G. Colantuono, City Attorney

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Habitat for Humanity – Approve Parcel Map
CEQA: Categorically Exempt – Class 15 “Minor Land Divisions” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and 2) approve Parcel Map 24PLN-05; and 3) approve the Resolution 2024-70 accepting the public utility easements.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 09/10/2024 Date Prepared: 09/05/2024 Agenda: Consent
Background Information: On April 18, 2024, the Planning Commission conditionally approved Development Review Application 24PLN-05 for a Habitat for Humanity Parcel Map. Located on Ventana Sierra Drive (APN# 035-140-022), the project proposes a subdivision of the 0.62-acre parcel into two parcels. The Parcel Map has been reviewed by the City Surveyor and deemed technically correct.

Staff recommends that Council approve Parcel Map 24PLN-05 and adopt the attached Resolution 2024-70, accepting the public utility easements.

Council Goals/Objectives: Parcel Map approval executes portions of work tasks towards achieving/maintaining Strategic Goal – Community and Sense of Place.

Fiscal Impact: Project costs associated with the review and approval of the Parcel Map for Development Review Application 24PLN-05 are 100% born by the developer.

Funds Available: N/A Account #: N/A
Reviewed by: City Manager Attachments: Parcel Map 24PLN-05 Resolution 2024-70

Item # 8.

RESOLUTION NO. 2024-70

C:\Users\MeetingsOfficeUser8\AppData\Local\Temp\tmp6649.tmp

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

ACCEPTING A PUBLIC UTILITY EASEMENT
WHEREAS, the Planning Commission conditionally approved Development Review Application 24PLN-05 on April 18, 2024; and
WHEREAS, a condition of approval required the dedication of a Public Utility Easements;

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

1. The City accepts said public utility easements for public purposes.

ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

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

Item # 8.

SHEET 1 OF 3

NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA, COUNTY OF __________________
On _______________________, before me, _____________________________, Notary Public, personally appeared _______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
My Registration Number:

Printed Name
and Expires on:

My Principal Place of Business is: county.

BEING PARCEL A ON THAT PARCEL MAP FILED IN THE OFFICE OF THE NEVADA COUNTY RECORDER IN BOOK 22 OF PARCEL MAPS, AT PAGE 16
BEING A PORTION OF SECTIONS 14, 15, 22 &23, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.B. & M.

WITHIN THE INCORPORATED CITY OF GRASS VALLEY, COUNTY OF NEVADA, STATE OF CALIFORNIA AUGUST, 2024

Item # 8.
1522
1423
SHEET 2 OF 3

BEING PARCEL A ON THAT PARCEL MAP FILED IN THE OFFICE OF THE NEVADA COUNTY RECORDER IN BOOK 22 OF PARCEL MAPS, AT PAGE 16
BEING A PORTION OF SECTIONS 14 , 15, 22 & 23, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.B. & M.

WITHIN THE INCORPORATED CITY OF GRASS VALLEY, COUNTY OF NEVADA, STATE OF CALIFORNIA AUGUST, 2024

VENTANA SIERRA DRIVE

FIRST BAPTIST CHURCH

OF GRASS VALLEY
1994-003415 O.R.N.C.

TRUTH WORSHIP CENTER
1994-003416 O.R.N.C.

SHARYN JONES TRUST
2012-023176 O.R.N.C.

FIRST BAPTIST CHURCH

OF GRASS VALLEY
1994-003415 O.R.N.C.

LOT 1
13,674 SF (NET)
LOT 2
13,384 SF (NET)
DETAIL "A"

Item # 8.

SHEET 3 OF 3

BEING PARCEL A ON THAT PARCEL MAP FILED IN THE OFFICE OF THE NEVADA COUNTY RECORDER IN BOOK 22 OF PARCEL MAPS, AT PAGE 16
BEING A PORTION OF SECTIONS 14 , 15, 22 & 23, TOWNSHIP 16 NORTH, RANGE 8 EAST, M.D.B. & M.

WITHIN THE INCORPORATED CITY OF GRASS VALLEY, COUNTY OF NEVADA, STATE OF CALIFORNIA AUGUST, 2024

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Administrative EMS Coordinator
CEQA: Not a project
Recommendation: That Council 1) approves the job description for Administrative EMS Coordinator, and 2) approves the associated salary schedule and Certificate and Educational Incentive pays for the Administrative EMS Coordinator position.

Prepared by: Mark Buttron, Fire Chief
Council Meeting Date: 09/10/2024 Date Prepared: 09/5/2024 Agenda: Consent
Background Information: In August 2023, the Fire Department launched an Advanced Life Support (ALS) program aimed at enhancing community service by placing paramedics on fire engines. This initiative is designed to improve emergency response capabilities and provide more immediate and specialized medical care during emergencies.

As part of this program, the Fire Department is preparing to fill a critical role due to the upcoming retirement of the current EMS Supervisor. The department has identified the need for a new EMS Supervisor or Coordinator, who will be responsible for overseeing program requirements, reporting, skills evaluations, and other essential functions. This role also serves as an additional resource within the ALS system.

To ensure a smooth transition and continued service to the community, the department plans to run parallel recruitments for both a public safety EMS Supervisor and a nonpublic safety EMS Coordinator. This dual recruitment strategy is intended to ensure that a qualified candidate is in place before the current supervisor's retirement in November.

This proposed new position would be placed in Unit 1- Management/Supervisory Professional & Confidential Employees group. The salary range and certificate/educational incentive pays for the Administrative EMS Coordinator position are attached for City Council’s consideration. Also, attached is the Job Description for City Council’s information.

Council Goals/Objectives: Strategic Goal #1 Exceptional Public Safety Fiscal Impact: None

Item # 9.

Funds Available: Yes Account #: 200-203
Reviewed by: Tim Kiser, City Manager
Attachments: 1) Job Description
2) Salary Range and Certificate / Educational Incentive Pays

Item # 9.

City of Grass Valley

JOB DESCRIPTION

ADMINISTRATIVE EMS COORDINATOR
______________________________________________________________________ 1 Department: Fire Department FSLA Status: Non-exempt
Reports To: Battalion Chief, Fire Chief Unit: Unit 1 Full-Time position Adopted: TBD Revised: Sept. 2024
_____________________________________________________________________________

SUMMARY OF JOB PURPOSE
The Administrative EMS Coordinator, under direction, coordinates and maintains an effective emergency medical services (EMS) program for the City’s Fire Department, including prehospital care that delivers excellence in patient care; monitors EMS and operational field performance; works closely with department personnel to provide in-house medical control, training and quality improvement programs through positive professional interaction; participates in and directs assigned personnel in emergency medical responses, develops and administers EMS training activities, including working with employees to correct deficiencies and implementing disciplinary procedures. The normal work schedule will be a 40-hour schedule.

Applicants must pass a medical examination to verify the ability to physically perform all required duties.

SUPERVISION RECEIVED AND EXERCISED
Immediate supervision is provided by the Battalion Chief, Assistant Chief, or Fire Chief and under the provisions of a Joint Operations Agreement may be supervised by supervisors from other signatory agencies the EMS Coordinator directly supervises subordinates and under the provisions of a Joint Operations Agreement may supervise personnel of other signatory agencies.

ESSENTIAL FUNCTIONS (includes but is not limited to listed tasks) The Administrative EMS Coordinator receives direction from higher level supervisory and management staff in the supervision of emergency medical services and other emergencies.

Following are essential functions performed by the Administrative EMS Coordinator:

1. Assist the EMS Medical Director in the development, implementation, operation, administration and evaluation of the EMS programs, policies, procedures, and activities

2. Maintain the City of Grass Valley Fire Department CE Program

Item # 9.

City of Grass Valley

JOB DESCRIPTION

ADMINISTRATIVE EMS COORDINATOR
______________________________________________________________________ 2 3. EMS training program: Plan and distribute the Quarterly EMS trainings including the BLS optional skills, ALS, and LALS Infrequent skills, and oversee the City of Grass Valley Fire Department CPR certification Program

4. Initiates and maintains a Quality Assurance/Quality Improvement program and monitors the outcomes to facilitate operational changes and focus future training priorities

5. Coordinate educational training with Sierra Nevada Hospital for Fire personnel

6. Perform CQI of all Optional BLS, LALS, and ALS skills

7. Provide remedial education/training for personnel as needed

8. Assist with investigating personnel issues regarding S-SV policy and procedures violations

9. Provides direction and oversight of the medical controlled substance inventory; ensures the controlled substance program complies with federal regulatory requirements

10. Works with vendors for EMS equipment and supplies as needed; develops plans for major EMS equipment purchases; and manages inventory and/or accountability of EMS equipment and supplies

11. Provides clinical and operational support and oversight as it relates to medical response and treatment

12. Responds to large scale and high-profile fire and EMS incidents and serves as Medical Group Supervisor

13. Attend/facilitate required monthly CQI review with the Medical Director

14. Attend the quarterly Regional Emergency Medical Advisory Committee meetings at S-SV

15. Attend the quarterly Nevada County Emergency Medical Care Committee Meetings

16. Complete required annual EMSQIP update to S-SV

17. Complete the Annual BLS Optional Skills report for S-SV

18. Distribute semi-annual S-SV policy and protocol updates to all personnel

19. Coordinate the required participation in the S-SV EMS data collection program

20. Coordinate Skills testing for the Paramedic, AEMT, and EMT recertification of personnel

21. Other duties as assigned by the Fire Chief

QUALIFICATIONS
To perform this job successfully, a person must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required.

Knowledge of:

1. Incident Command System

Item # 9.

City of Grass Valley

JOB DESCRIPTION

ADMINISTRATIVE EMS COORDINATOR
______________________________________________________________________ 3 2. Rules, regulations and operational procedures of the City of Grass Valley and the Grass Valley Fire Department

3. Knowledge of Sierra-Sacramento Valley EMS Agency (S-SV) and California Emergency Medical Services Authority (CAEMSA) Policies and Procedures

5. Principles and practices of Emergency Medical Care and management

6. Advanced life support, first aid, rescue, and related equipment and practices

7. Modern office practices, methods, and procedures
Skills In:

1. Modern all risk emergency incident operations

2. Management practices

3. Inner personal relationship building

4. Team building

5. Cooperating with multiple agencies including State and Federal Fire Agencies, Law Enforcement and Emergency Medical Services Agencies
Ability to:

1. Supervise personnel and equipment under emergency conditions

2. Assess emergency incidents, set priorities, implement an action plan, and request needed resources following the best practices of the fire service while under potentially adverse and stressful conditions

3. Supervise/lead personnel in Emergency Medical Services

4. Develop and implement training programs and evaluate skills

5. Read maps, pre fire plans, and other related fire service documents

Item # 9.

City of Grass Valley

JOB DESCRIPTION

ADMINISTRATIVE EMS COORDINATOR
______________________________________________________________________ 4 EDUCATION AND EXPERIENCE

1. Minimum 18 years of age

2. Completion of the 12th grade with Diploma or General Education Degree

CERTIFICATES, LICENSES, REGISTRATIONS

1. Emergency Medical Technician Paramedic (EMT-P) License in California (or ability to obtain prior to appointment). EMT-P certification is a condition of employment. Obtain S-SV accreditation at time of appointment.

2. Current CPR, ACLS, and PALS, PEPP, APLS, or Handtevy certification. CPR, ACLS, and PALS, PEPP, APLS, or Handtevy certifications are a condition of employment.

3. Valid Class C Driver’s License

4. ICS 100 and ICS 200 within six (6) months of employment. ICS-300 within one (1) year of employment. NIMS IS-700.b and IS-800.d with in six (6) months of employment.

LANGUAGE SKILLS
Ability to read, write and communicate in English at a level required for successful job performance

MATHEMATICAL SKILLS
Ability to use and understand basic mathematical concepts such as: adding, Subtracting, multiplying, dividing, simple fractions and percentages.

REASONING ABILITY
Ability to apply common sense understanding to carry out instructions furnished in written, orally or in diagram form; analyze and resolve problems involving circumstances and or events using standardized methods or procedures

Item # 9.

City of Grass Valley

JOB DESCRIPTION

ADMINISTRATIVE EMS COORDINATOR
______________________________________________________________________ 5 PHYSICAL DEMANDS
Person must pass a medical examination to verify the ability to physically perform all required duties
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

The employee must be free from any physical, emotional or mental condition which might adversely affect the ability to perform essential job duties Must be able to perform manual tasks and have the ability to lift 100 pounds, also perform those physical activities required for the execution of essential functions, including but not limited to, regular sitting, walking, standing, performing repetitive motions with hands and wrists such as regular keyboarding
The employee must be able to work in confined spaces for extended periods of time in all climate and weather conditions. Also, have the ability to perform normal communications, including in person, two-way radio or on the telephone

WORKING ENVIROMENT
May require exposure to physical hazards such as fumes, chemical and bodily fluids.

May require working in adverse environmental conditions such as inclement weather, extreme temperature, dust, noise, dim lighting, confined spaces, and other conditions that may arise while performing essential functions.

May require the ability to wear an air purifying respirator.

BACKGROUND
Candidates offered employment may be required to successfully pass a background investigation that may include psychological examination, polygraph examination and in depth background investigation.

Item # 9.

City of Grass Valley

JOB DESCRIPTION

ADMINISTRATIVE EMS COORDINATOR
______________________________________________________________________ 6 GENERAL
The City reserves the right to revise or change classification duties and responsibilities as the need arises. This description does not constitute a written or implied contract of employment.

I have read and understand the contents of this job description, and I have received a copy of this job description for my records.

Print Name: ___________________________
Signature: ____________________________ Date: ____________ This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER

Item # 9.

Administrative EMS Coordinator Position
Salary Range and Certificate / Educational Incentive pays Position Hourly Annually
Min Mid Max Min Mid Max
Administrative
EMS Coordinator
$39.56 $41.57 $43.64 $82,289.58 $90,773.49 $100,050.08
Administrative EMS Coordinator Certificate and Educational Incentive

1. The City shall offer an Academic Education Incentive program with a maximum cumulative (certificates and degrees) ceiling of 11% of base salary. Only certificates and degrees granted by accredited institutions and are job related, which are above the minimum educational requirement of the employee’s position and enhance the employee’s abilities and contributions will be considered. If an application for this incentive is denied it may be grieved.

2. The eligible degrees and certificates and corresponding incentives are as follows:

Administrative EMS Coordinator shall be granted 1.25% of base pay for each listed certificate with a maximum of 8.5%.

Approved certificates:

AHA ACLS Instructor
AHA PALS Instructor, or PEPP Instructor, or APLS Instructor, or Handtevy Instructor AHA CPR Instructor
Designated Infection Control Officer (D.I.C.O.) Certificate Basic wildland firefighting certificate (USFS or CalFire) Medical Unit Leader
Fire Instructor Series
Administrative EMS Coordinator shall be granted 2.5% of base pay for each listed degree with a cumulative maximum of 5%
Approved Degrees: % of Base salary
Associate of Arts or 2.5%
Associate of Science
Bachelor of Arts or 2.5%
Bachelor of Science
Master of Arts or 2.5%
Master of Science
Paramedic Incentive
Administrative EMS Coordinator with a current California paramedic license shall be eligible to receive a paramedic stipend of $600 a month.

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Appeal of the Planning Commission’s denial of Use Permit applications for an exception to the multifamily covered parking requirement established in Section 17.36.040, Table 3-3 of the City of Grass Valley Municipal Code.

Recommendation: Based upon the evidence in the public record, and the Planning Commission’s 3:1 denial, staff recommends that the City Council take one of the following actions:
1) Uphold the Planning Commission’s denial of Use Permit applications 24PLN0008, -0009, and -0010 a. Deny the appeal and uphold the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements;
b. Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report;
c. Uphold the Planning Commission’s finding for denial of the Use Permits, that “insufficient quantitative evidence was provided to document a need for a reduction of the covered parking standard;” and, d. Deny the Use Permits as presented in this Staff Report. 2) Overturn the Planning Commission’s denial of Use Permit applications 24PLN0008, -0009, and -0010 a. Uphold the appeal and overturn the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements;
b. Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Sections 15061(b)(3) and 15301 of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report c. Adopt Findings of Fact as detailed in the June 18, 2024 Planning Commission Staff Report for approval of the Use Permits as presented in the Staff Report; and,
d. Approve the Use Permits as presented in this Staff Report. 3) Refer Use Permit applications 24PLN-0008, -0009, and -0010 to the Planning Commission for further consideration based on new or different evidence presented.

Item # 10.

Prepared by: Lucy Rollins, Senior Planner
Council Meeting Date: September 10, 2024 Date Prepared: September 3, 2024
Background Information: At the August 13, 2024 meeting, the City Council held a public hearing to consider the appeal of the Planning Commission’s decision to deny Use Permit applications 24PLN-0008, 24PLN-0009, and 24PLN-0010 for a reduction in multifamily covered parking standards at 210 Sutton Way (Cedar Park Apartments), 228 Sutton Way (Oak Ridge Apartments), and 265 Sutton Way (Glenbrook Apartments). The Council continued the hearing to their regular meeting on September 24, 2024, requesting that the applicant/appellant provide additional information.

At the request of the appellant, received on August 22, 2024, the hearing was rescheduled for the regular City Council meeting on September 10, 2024 due to scheduling conflicts. In response to the change in hearing date, staff provided notice of the hearing as required by Section 17.92.020 of the Grass Valley Municipal Code.

New Information:

The appellant provided the following documents in response to the requests made by City Council. The full 316-page packet submitted by the appellant is available on the City’s website at the following link: https://www.cityofgrassvalley.com/sites/main/files/fileattachments/council-rollins_enclosure_letter_4888-0510-4862_v.5.pdf?1725465998 A condensed packet, including only new materials / exhibits that directly address City Council requests are included in Attachment 1 of this staff report.

Council Request Document Provided Exhibit(s)
Recoverable
Depreciation/Writeoffs
August 2024 email exchange with Iron Creek Tax &
Consulting
Exhibit A
Lease Agreements
(parking
agreement)
Oak Ridge Apartments Lease
Cedar Park Apartments Lease
Glenbrook Apartments Lease
Parking/Carport Agreement
Exhibit B
Exhibit C
Exhibit D
Exhibit AA
Snow Management
Plan
Current and future snow management practices Exhibit E
Average Median
Income
2024 Income Limits and Maximum Rents Exhibit F
Typical Rents Cedar Park Marketing Flyer
Glenbrook Marketing Flyer
Oak Ridge Marketing Flyer
Cedar Park Tax Credit Worksheet
Glenbrook Tax Credit Worksheet
Oak Ridge Tax Credit Worksheet
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L

Item # 10.

Loan Insurance
Requirements
Cedar Park CalHFA Regulatory Agreement /
Insurance Requirements
Glenbrook CalHFA Regulatory Agreement /
Insurance Requirements
Oak Ridge Multifamily Loan and Security
Agreement
Email exchange with CalHFA
Exhibit M
Exhibit N
Exhibit O
Exhibit P
New Construction
Proposal
Construction Proposal from RCD Contracting, Inc
Construction Proposal from Jackson Construction,
Inc.

Exhibit Q
Exhibit R
Number of Carports
Damaged/Destroyed
Degenkolb Glenbrook Carport Condition
Assessment
Farmers Insurance Oak Ridge Property Inspection
Report
Farmers Insurance Cedar Park Property Inspection
Report
Exhibit S
Exhibit T
Exhibit U
Lender Inspection
Reports
Glenbrook CalHFA Inspection Report
Cedar Park CalHFA Inspection Report
Oak Ridge CTCAC Inspection Report
Exhibit V
Exhibit W
Exhibit X
Additional
Information
Photos of collapsed carports [included in previous
submittals]
Exhibit Y
Exhibit Z
Annual income
statements
To be provided directly to Andy Heath, Finance
Director for a report to City Council
Report to
be made
at
September
10, 2024
meeting
Staff Response:

Since the August 13, 2024 meeting, staff has received 3 public comments, one via email and two via voicemail. One voicemail and the email were submitted by the same individual. The comments are from tenants of the apartment complexes, expressing concerns surrounding the loss of carports and comments regarding operation of the complexes in general. The full text of the comments are included in Attachment 2.

Pursuant to Section 17.91.030.1 of the Grass Valley Municipal Code, the City Council may take any of the following actions in response to an appeal of a decision made by the Planning Commission:
 Affirm, affirm in part, or reverse the action, decision, or determination that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with this development code;
 Approve the planning permit denied by the previous review authority;  Adopt conditions of approval that may address issues or concerns other than the subject of the appeal; and/or

Item # 10.
 Refer the appeal to Planning Commission for further consideration if new or different evidence is presented on appeal to determine if the new or different evidence would alter the action of the original review authority.

The full staff reports and attachments for previous hearings on this item can be found at the links below:
 May 21, 2024 Planning Commission, Agenda Item #3:
https://mccmeetings.blob.core.usgovcloudapi.net/grassvalca-pubu/MEETPacket-edd3ab84a30b438f87cf906332640ec9.pdf  June 18, 2024 Planning Commission, Agenda Item # 2:
https://mccmeetings.blob.core.usgovcloudapi.net/grassvalca-pubu/MEETPacket-94697a538c7941a9860f0fd6236c652a.pdf  August 13, 2024 City Council, Agenda Item #6:
https://mccmeetings.blob.core.usgovcloudapi.net/grassvalca-pubu/MEETPacket-e6bc0d37c6704c3488e0b1996a74a74c.pdf Council Goals/Objectives: A City Council decision on an appeal of a Planning Commission decision supports the 2022 Strategic Plan Update, Goal #5: The City of Grass Valley strives to exemplify an innovative, efficient, effective, open and collaborative city government.

Fiscal Impact: none
Funds Available: not applicable
Reviewed by: Amy Wolfson, City Planner
Attachments:
1) Additional Documentation from Appellant
2) Public Comments Received Prior to September 5, 2024

Item # 10.

Attachment List
Appeal of Use Permits 24PLN-08, -09, -10

1. Requested Documents from Appellant

2. Public Comments Received Prior to September 5, 2024

Item # 10.

Attachment 1
Requested Documentation from Appellant - Table of Contents Council Request Document Provided Exhibit(s) PDF Page
Overview Narrative Response from Appellant N/A 2
Recoverable
Depreciation/Writeoffs
August 2024 email exchange with Iron Creek
Tax & Consulting
Exhibit A 9
Lease Agreements
(parking agreement)
Oak Ridge Apartments Lease
Cedar Park Apartments Lease
Glenbrook Apartments Lease
Parking/Carport Agreement
Exhibit B
Exhibit C
Exhibit D
Exhibit AA
11 17
25 33
Snow Management
Plan
Current and future snow management practices Exhibit E 36 Average Median
Income
2024 Income Limits and Maximum Rents Exhibit F 39
Typical Rents Cedar Park Marketing Flyer
Glenbrook Marketing Flyer
Oak Ridge Marketing Flyer
Cedar Park Tax Credit Worksheet
Glenbrook Tax Credit Worksheet
Oak Ridge Tax Credit Worksheet
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
45 47
49 51
53 55
Loan Insurance
Requirements
Cedar Park CalHFA Insurance Requirements
Glenbrook CalHFA Insurance Requirements
Oak Ridge Multifamily Loan Insurance
Requirements
Email exchange with CalHFA
Exhibit M
Exhibit N
Exhibit O
Exhibit P
57 60
64 75
New Construction
Proposal
Construction Proposal from RCD Contracting,
Inc
Construction Proposal from Jackson
Construction, Inc.

Exhibit Q
Exhibit R
80 82
Number of Carports
Damaged/Destroyed
Degenkolb Glenbrook Carport Condition
Assessment
Farmers Insurance Oak Ridge Property
Inspection Report
Farmers Insurance Cedar Park Property
Inspection Report
Exhibit S
Exhibit T
Exhibit U
85 87
90 Lender Inspection
Reports
Glenbrook CalHFA Inspection Report
Cedar Park CalHFA Inspection Report
Oak Ridge CTCAC Inspection Report
Exhibit V
Exhibit W
Exhibit X
93 96
99 Annual income
statements
To be provided directly to Andy Heath, Finance
Director for a report to City Council
Report to be made at
September 10, 2024
meeting

Item # 10.

O L I V E R W . W A N G E R
T I M O T H Y J O N E S *
M I C H A E L S . H E L S L E Y
R IL E Y C . W A L T E R
P A T R IC K D . T O O L E
S C O T T D . L A I R D
J O H N P . K I N S E Y
K U R T F . V O T E
T R O Y T . E W E L L
J A Y A . C H R IS T O F F E R S O N
M A R IS A L . B A L C H
A M A N D A G . H E B E S H A * *
P E T E R M . J O N E S†
J E F F R E Y B . P A P E†
D E B O R A H K . B O Y E T T
S T E V E N K . V O T E
N IC O L A S R . C A R D E L L A
G IU L I O A . S A N C H E Z
K A T H L E E N D . D E V A N E Y
E T H A N E . M O R A†
B E N J A M I N C . W E S T
H U N T E R C . C A S T R O
S T E P H A N I E M . H O S M A N
I A N J . Q U I N N††
R A C H E L L . P O M B O
N A T H A N J . M A R T IN
C O L T E N D . B A L L I N G E R
C O L L E E N E . L I T T L E
D A N IK A E . J O N E S
D A N IE L J . F R E A
J E S S IC A L . V IV E D
* A l s o a d m i t t e d i n W a s h i n g t o n
** A l s o a d m i t t e d i n I d a h o
† O f C o u n s e l
†† A l s o a d m i t t e d i n T e x a s

WANGER JONES HELSLEY PC

A T T O R N E Y S
265 E. RIVER PARK CIRCLE, SUITE 310
FRESNO, CALIFORNIA 93720

M A I L I N G A D D R E S S
P O S T O F F I C E B O X 2 8 3 4 0
F R E S N O , C A L I F O R N I A 9 3 7 2 9

T E L E P H O N E
( 5 5 9 ) 2 3 3 - 4 8 0 0
FAX
( 5 5 9 ) 2 3 3 - 9 3 3 0
C L O V I S O F F I C E :
6 4 2 P o l l a s k y A v e n u e
S u i t e 1 0 0
C l o v i s , C a l i f o r n i a 9 3 6 1 2

O F F I C E A D M I N I S T R A T O R
L Y N N M . H O F F M A N
W r i t e r’ s E -M a i l A d d r e s s :
j k i n s e y@ w j h a t t o r n e y s . c o m
W e b s i t e :
w w w .w j h a t t o r n e y s . c o m
August 30, 2024

VIA EMAIL & UNITED STATES MAIL
Grass Valley City Council Lucy Rollins
c/o Taylor Day, City Clerk Senior Planner

CITY OF GRASS VALLEY CITY OF GRASS VALLEY
125 E. Main Street 125 E. Main Street
Grass Valley, CA 95945 Grass Valley, CA 95945
Re: September 10, 2024, Hearing on Cascade Housing
Association’s Appeal of Applications 24PLN-0008, -
0009, and -0010
Dear Honorable Councilmembers and Ms. Rollins:

During its August 13, 2024, hearing on Cascade Housing Association’s (“Cascade”) Appeal of Applications 24PLN-0008, -0009, and -0010 (the “Appeal”), the City Council requested additional information from Cascade. I have enclosed a narrative attachment and supporting documentation from Cascade in response to the Council’s requests. ///
///
///

Item # 10.

WANGER JONES HELSLEY PC
Grass Valley City Council
Ms. Lucy Rollins
August 30, 2024

4888-0510-4862, v. 2
Should you have any questions regarding the enclosed information or any further questions regarding the facilities at issue in the Appeal, I would be happy to discuss the issue further with the appropriate representatives of the City.

Respectfully submitted,
John P. Kinsey
Enclosures
cc: Michael Colantuono, Esq. (via email)

Item # 10.

Attachment
[Information Requested by City Council]
4857-8186-3134, v. 3
1 This document includes Cascade Housing Association’s (“Cascade”) responses to the requests for information made verbally by the Grass Valley City Council (“City” or “Council”) at the August 13, 2024, hearing on Cascade’s appeal.

Recoverable Depreciation:

Council Request: At the August 13, 2024 hearing, the Council inquired whether Cascade experienced any losses and, if expenses could be written off. The Council similarly asked about whether Cascade could take advantage of any recoverable depreciation associated with the destruction of the original carports.

Response: One of the benefits associated with Cascade being a non-profit entity is that any positive cashflow it carries over from year to year is not taxable as profit. That said, as a 501(c)(3) non-profit entity with no tax burden, Cascade does not receive an offset to any taxable income (or any other benefit) due to a loss. As a result, Cascade does not receive any tax benefit, whether in the form or write-offs or recoverable depreciation, as a result of any business expenses or losses. (See Exhibit A.)
Moreover, even if Cascade were a for profit entity, according to Cascade’s accountant, carports are generally depreciated over a 15-year period, and the carports were over 15-years old at the time of the snow event. (See Exhibit A.)
Lease Agreements:

The Council requested that Cascade confirm whether its lease agreements include any terms contemplating that covered parking be made available.

Response: There are no terms within any of the lease agreements that contemplate covered parking would be made available to any resident. Cascade is enclosing copies of its form contracts as Exhibit B [Oak Ridge Rental Agreement], Exhibit C [Cedar Park Rental Agreement], and Exhibit D [Glenbrook Rental Agreement].

Cambridge Real Estate Services Management of Ingress/Egress During Strong Winter Events:

The City Council inquired about how Cascade’s property managers address severe snow and ice events.

Response: Cambridge Real Estate Services (the “Property Manager”) for Cascade executes several procedures to assist with emergency response and the monitoring of vulnerable areas during severe winter events.

Item # 10.

Attachment
[Information Requested by City Council]
4857-8186-3134, v. 3
2 These practices include:

When temperatures fall below zero, the following and other practices are implemented by management staff:
 Physical inspections of all vacant units, laundry facilities, and common areas during all freeze events.
 Management staff runs water to avoid pipeline freezes, and proactively inspects for frozen pipes and drain lines to avoid disruptions in utilities. Significant attention is paid to lower-level units for signs of frozen drain lines in buildings with stacked units. Areas with exposed piping are inspected multiple times throughout the day.  Management staff turns on the heat in all vacant units, laundry facilities, and common areas. Management staff also uses portable plug-in accordion heaters to augment common HVAC heat to ensure temperatures are safe and comfortable.  Management staff inspects fire suppression sprinkler systems, including the inspection of all riser rooms, stairwells with equipment, and control valve rooms.

All winter storm events, including freezing events, management performs the following additional activities:
 Sending email blasts to residents with detailed instructions depending on the nature of the event.
 Surveying property for priority issues, including blocked entrances/exits, fallen tree limbs or trees.

When temperatures return to above freezing, management staff performs the additional activities:
 Further physical inspections of all vacant units, laundry facilities, and common areas.  Further temperature control as needed.
 Perform inspections to run water, and check for frozen pipes and drain lines.  Buildings with stacked units are inspected top-down and bottom-up, especially for waterrelated issues and physical damage.  Perform physical inspections of fire suppression systems, including the inspection of all riser rooms, stairwells with equipment, and control valve rooms with sprinkler heads exposed.
 Check drains (roof, common area, parking lot, and related areas), and remove debris to avoid flooding.

During snow events, property management facilitates the removal of snow accumulating on pathways, sidewalks, and common areas when it is safe and feasible to do so. If carports are present, rock salt/ice melt is applied to the top of the structures to enhance the melting process.

Once snow has accumulated to approximately 4 inches, a snow removal vendor is contacted to clear the entrances/exits, parking lots and driveways.

Item # 10.

Attachment
[Information Requested by City Council]
4857-8186-3134, v. 3
3 This year, property management will commence sending flyers to residents in its Grass Valley apartments similar to that sent annually to its higher-elevation properties, such as Truckee, California. (See Exhibit E.)
Request for AMI/Income Levels By County:

The City Council requested to see the AMI/income levels for each county and rent detail for each property.

Response: Exhibit F is a memorandum from the California Tax Credit Allocation Committee (CTCAC) entitled “2024 Income Limits and Maximum Rents.” This memorandum includes information regarding Nevada County income and rent levels highlighted for all three properties.

Exhibits G, H, and I are Marketing Flyers for each property reflecting the maximum rent allowed per unit, minus the utility allowances of the County.

The affordability restrictions are also outlined in the Tax Credit Worksheets included as Exhibits J, K, and L.

Requirements for Full Replacement Coverage: The Council also asked if there was any condition or other requirement in Cascade’s loan document mandating that Cascade maintain full replacement coverage for the carports.

Response: Information regarding insurance requirements from the State of California are enclosed as Exhibit M & Exhibit N [Relating to Cedar Park and Glenbrook; Exhibit B of each Regulatory Agreement] and Exhibit O [Oak Ridge Multifamily Loan and Security Agreement, located in Article 9].

It is unclear per the insurance requirements set by the lenders as to the extent of coverage that was needed specifically for the carports. After consulting with the California Housing Financing Agency (“CalHFA”) it was clear that the approval to not replace the carport structures was the lender’s stance, as you will see in email correspondence as Exhibit P.

Construction Proposals:

The Council noted that the proposal for the replacement of the carports was provided from a company whose principal was subsequent hired by Cascade, and thus requested additional construction proposals for the replacement of the carports.

Response: Cascade has obtained two new construction proposals for the replacement of the carports, which are enclosed as Exhibit Q and Exhibit R.

Item # 10.

Attachment
[Information Requested by City Council]
4857-8186-3134, v. 3
4 Number of Carports Full/Partially Damaged: The Council requested greater detail regarding the number of spaces that were affected by structural integrity issues, including those carports that were damaged fully or partially.

Response: Prior to the storm event, the properties including the following number of covered carports:
 Cedar Park: 20 structures covering 81 spaces [out of 193 spaces total]  Glenbrook: 12 structures covering 56 spaces [out of 110 spaces total]  Oak Ridge: 16 structures covering 67 spaces [out of 144 spaces total] During the January 2023 extreme weather event, all of the parking structures experienced some form of structural damage, including catastrophic failure. It is clear the decision to remove all carport structures was supported by both the Carport Condition Assessment attached as Exhibit S [Glenbrook] and the letters from Farmers Insurance claims adjuster of the field inspections, attached as Exhibit T [Oak Ridge] and Exhibit U [Cedar Park].

Multi-Year Annual Income Statement:

The Council requested that Cascade provide more detailed information to show the carports would be unduly burdensome from a financial perspective.

Response: Cascade has compiled additional financial information for the City’s review. This information will be provided following the execution of an agreement with the City to maintain the confidentiality of those records.

Inspection Reports:

The Council also requested TCAC and other lender inspection reports for the three properties prior to the January 2023 snowstorm.

Response: the inspection reports for the three properties are attached as Exhibit V [Glenbrook], Exhibit W [Cedar Park], and Exhibit X [Oak Ridge].

In addition, prior to the January 2023 snowstorm, the carports were inspected at least weekly by property management and maintenance staff.

Item # 10.

Attachment
[Information Requested by City Council]
4857-8186-3134, v. 3
5 Other Information:

In addition to the information submitted in response to questions from the City Council, Cascade believes the following additional information would be helpful for the City Council to better understand Cascade’s activities immediately following the catastrophic carport failures.

We understand Cascade has received criticism for not contacting the City to receive demolition permits for the carports. This was unintentional. Cascade believed it was acting in a manner that was reasonably prudent by removing the carports to avoid personal injury and further damage to private property. In addition, as you will see from Exhibit P, Cascade contacted the California Housing Financing Agency to confirm the carport removal was allowed under Section 12(d) of Cascade’s Regulatory Agreement. This effort to contact a state agency shows Cascade’s good faith in seeking to immediately resolve a threatened safety concern in a manner consistent with applicable rules and regulations.

The pictures in the documents attached as Exhibits Y and Z, in turn, include pictures of the collapsed carports, which demonstrate the need for urgency to avoid harm to Cascade’s residents.

Item # 10.

EXHIBIT “A”

Item # 10.
1 Denni Ragsdale
Subject: FW: Grass Valley Carport Depreciation
From: Steve Bjorklund <[email protected]>
Sent: Thursday, August 22, 2024 8:59 AM
To: Kristi Isham <[email protected]>; Ron Montplaisir <[email protected]> Cc: Denni Ragsdale <[email protected]>
Subject: RE: Grass Valley Carport Depreciation
Kristi,
Carports are generally depreciated over a 15 year period for tax purposes.

Cascade Housing Association (“CHA”) is a tax‐exempt entity under Internal Revenue Code Section 501©(3).  Since CHA is a tax‐exempt entity it receives no direct federal tax benefit from claiming depreciation expense.

Steve
Steven R. Bjorklund
Iron Creek Tax & Consulting ‐ Portland, OR
Tel (503) 643‐6400 ext. 2001
Fax (503) 641‐4345
To send files to me via my secure upload service (ShareFile by Citrix), Click Here or type the url into your web browser:
https://cpa.sharefile.com/r-rfe0718af5cc64a3fbba79c2a4d4ff25b

CONFIDENTIALITY NOTE: The information contained in this email message or any attachment is legally privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this email is strictly prohibited. If you receive this email in error, please notify the sender and delete the email immediately. Thank You.

From: Kristi Isham <[email protected]>
Sent: Tuesday, August 20, 2024 11:22 AM
To: Ron Montplaisir <[email protected]>; Steve Bjorklund <[email protected]> Cc: Denni Ragsdale <[email protected]>
Subject: Grass Valley Carport Depreciation
Hello Gentleman,
Currently working with City Council in Grass Valley about carports that failed during the snow storm 2023. One question that I need your help with is
From the insurance pay out, is the depreciation amount a write off for Cascade Housing.

Thank you,
Kristi
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android

Item # 10.

EXHIBIT “B”

Item # 10.

NAME DATE OF BIRTH MAKE/MODEL STATE LICENSE PLATE #

PAID FOR /

PROVIDED BY
OWNER ■ ■ ■ ■ ■ ■ ■ ■
RESIDENT ■ ■ ■ ■ ■ ■ ■ ■
SECURITY DEPOSIT (REFUNDABLE) $
ADDITIONAL SECURITY DEPOSIT (PETS, ETC.) $
PET FEE $
NON-REFUNDABLE FEES (DESCRIBE OWNER / AGENT EXPENSE) $
OTHER MONTHLY CHARGES $
c IF CHECKED, DEPOSITS WILL BE HELD BY OWNER.

FINANCIAL TERMS
RENT DUE AT MOVE IN DUE $

FROM THRU
SECOND RENT PAYMENT DUE $

FROM THRU

PETS (NUMBER & TYPE - APPROVED

BY MANAGEMENT)
APPROVED FOR USE:
■ WATERBED ■ AQUARIUM
■ MUSICAL INSTRUMENTS
■ IF CHECKED, RENTER’S

INSURANCE IS REQUIRED

UTILITIES
SPECIAL LEASE PROVISIONS AND/OR DISCLOSURES:

I / WE HAVE READ AND AGREE TO THE TERMS AND CONDITIONS LISTED ON BOTH PAGES OF THIS CONTRACT.

RESIDENT X DATE RESIDENT X DATE

DATE PROPERTY NAME / NUMBER
RESIDENTS (NAME ALL ADULTS):

PREMISES ADDRESS UNIT # CITY STATE ZIP

OWNER/AGENT PHONE

ADDRESS CITY STATE ZIP

PARTIES
RENT +$ __________________
DEPOSITS +$ __________________
FEES +$ __________________
OTHER +$ __________________
PRIOR PAYMENT - $ __________________
EXECUTION DEPOSIT -$ __________________
____________________________________ $ __________________ ____________________________________ $ __________________ TOTAL DUE AT MOVE IN +$ __________________

OTHER OCCUPANTS TENANCY

VEHICLES
c LEASE TERM BEGINNING: AND ENDING:
c CHECK IF EARLY TERMINATION PROVISION APPLIES. AMOUNT: $ (1½ TIMES MONTHLY STATED RENT IF BLANK) c MONTH TO MONTH BEGINNING: RENT DUE DATE (IF OTHER THAN FIRST):

MONTHLY STATED RENT $
OTHER $
OTHER $
OTHER $
OTHER $
TOTAL MONTHLY CHARGES $
LATE CHARGE: c FLAT FEE OF $
(CHOOSE ONE)
c PER DAY @ $
c 5% OF STATED RENT EVERY 5 DAYS
RETURN CHECK CHARGE: $
PRO-RATE METHOD: c A c B c C (See #1 on page 2)
IN CASE OF EMERGENCY NOTIFY: STREET ADDRESS PHONE

OWNER / AGENT X DATE IF APPLICABLE, REAL ESTATE BROKER APPROVAL DATE

MOVE IN ACCOUNTING
IF THE TENANCY IS FOR A SET TERM, RESIDENT MUST GIVE OWNER/AGENT WRITTEN NOTICE OF INTENT TO VACATE AT LEAST 30 DAYS PRIOR TO THE END OF THE TERM OR THE TENANCY WILL, AT THE OPTION OF THE OWNER, CONVERT TO A MONTH TO MONTH TENANCY AUTOMATICALLY.

ON SITE RESIDENT MAIN OFFICE (IF REQUIRED)
Form M001 CA Copyright © 2014 Metro Multifamily Housing Association.® NOT TO BE REPRODUCED WITHOUT WRITTEN PERMISSION. Revised 8/4/2014.

SMOKE ALARMS: California law requires smoke detectors to be installed in all dwelling units intended for human occupancy. Resident acknowledges and the owner/landlord certifies that the unit is equipped with an operable smoke detector as required by California Health and Safety Code Sections 13113.7 and 13113.8 and that the smoke alarm is approved and listed by the State Fire Marshal and installed in accordance with the State Fire Marshal’s regulations. The owner/landlord is responsible for testing and maintaining smoke detectors in the lodging houses and common stairwells of apartment complexes and other multiple dwelling complexes. Resident acknowledges that an owner/landlord or any other authorized agent of the owner may enter any dwelling unit owned by the owner for the purposes of installing, repairing, testing, and maintaining single station smoke detectors as required by California law. Except in cases of emergency, the owner/landlord or any other authorized agent of the owner shall give the Resident reasonable notice in writing of the intention to enter and shall enter only during normal business hours. Twenty-four hours shall be presumed to be reasonable notice in the absence of evidence to the contrary. It is the Resident’s responsibility to notify the owner/landlord if the Resident becomes aware of an inoperable smoke detector within his or her dwelling unit. The smoke detectors must be centrally located outside each sleeping area. The owner/landlord or any other authorized agent of the owner shall correct any reported deficiencies in the smoke detector and shall not be in violation of Section 13113.7 when he or she has not received notice of the deficiency.

TYPE OF SMOKE ALARM: c 10-YEAR BATTERY c ELECTRIC c ELECTRIC WITH BATTERY BACK UP INITIAL HERE __________ __________ ACCOUNTING

GARBAGE GARBAGE BASIC

ELECTRICITY WATER SEWER SERVICE CONTAINER CABLE GAS OTHER

THE FOLLOWING UTILITIES OR SERVICES PAID FOR BY
TENANT WILL BENEFIT OTHER TENANTS OR MANAGEMENT.

SERVICE CHARGE FOR
CABLE / INTERNET / ETC. ($ or %)
ANY YARD INCLUDED IN THE LEASED PREMISES WILL BE MAINTAINED BY: ■ RESIDENT ■ OWNER / AGENT

CALIFORNIA

RENTAL AGREEMENT
c MOVE-IN c LEASE RENEWAL c TRANSFER OLD UNIT #______________________ c FILE CHANGES Oak Ridge Apartments

Item # 10.

TERMS AND CONDITIONS

1. RENTS: Rents are due and payable on the first of the month and must be paid on time. If rent is not paid by the end of the __________ day of the month a late fee in the amount stated on your Rental Agreement will be imposed on the __________ day of the month and Owner (as used herein “Owner” or “Landlord” shall mean the owner and landlord of the property described on the front page of this Agreement) and its Agents (as used herein, “Agent” shall mean any authorized agent of Owner) may require the rent payment and late fee to be paid by certified check or money order. Partial payments will not be accepted without prior management approval. To protect Owner and its agents, Owner may refuse to accept cash payments of rent, rent payments from anyone other than the Resident (as used herein, “Resident” or “Tenant” shall mean a party identified as such on the front of this Agreement and a tenant of the property described on the front of this Agreement) or multiple checks for rent. If any check from Resident has been dishonored for any reason, Owner may require Resident to make all future rent payments by certified check or money order. Month to month rents may be increased with a 30 day written notice. The daily prorates of rents and other monthly charges will be based on one of the following methods chosen by the Owner/Agent, which method will be consistently applied throughout the rental term: a) a 360 day year composed of twelve months of 30 days each; b) a 365 day year; or c) the actual number of days in the current month. The daily amount will be multiplied by the actual number of days of occupancy in the current month. NOTE: Unless otherwise specified, the pro-rate shall be based on a 365 day year. Rent payments are to be made in the form of cash, check, certified check or money order, subject to the limitations set out in this section and in CA Civil Code Section 1947.3. If rent payments are made personally, they shall be made to the Owner/Agent at the address listed on the front page of this Rental Agreement. Except where formal hours are posted otherwise, usual business hours will be from ________________ to ________________ weekdays. Weekend business hours may be posted at the Owner/Agent’s discretion; otherwise, weekends and holidays will be by appointment.

2. NONPAYMENT OF RENT NOTICES: Timely payment of rent by the due date is of the essence and failure to pay the contract rent on or before the specified due date will subject the Resident to immediate service of a three-day notice to pay rent or quit.

3. APPLICATION OF PAYMENTS: All payments made by Resident to Owner after the tenancy commences, no matter how designated by Resident, may be applied by Owner as follows: first to any outstanding amounts due landlord for damages/repairs, utilities, deposits, fees, etc.; second, to any rent outstanding from prior months; third, to the current month’s rent, and last, to outstanding late charges.

4. EARLY TERMINATION OF LEASE: If this is a lease for a set term, failure by the Resident(s) to complete the term because of a voluntary termination by Resident(s) or termination by the Landlord for a Resident breach, will expose Resident(s) to the payment of damages. If the early termination box is checked on the front of this agreement to allow Resident(s) to terminate early without uncertainty as to the amount that will be owed as a result, it is agreed that upon any failure of Resident(s) to occupy the unit for the full term, for any reason, Resident(s) will pay to Landlord, in lieu of all other damages or amounts that could be recovered, all of the following: a) all rent, unpaid fees and other non-rent charges accrued prior to the date the unit is vacated; b) all damages relating to the condition of the unit; c) if Resident has given at least 30 days notice of the early termination, an early termination fee in the amount set forth on the front of this agreement, or if none stated, equal to 1½ month's stated rent to cover Owner’s potential vacancy loss and advertising and administrative costs associated with re-renting the unit and if Resident has not given at least 30 days notice of the early termination the fee will be 150% of the previously stated amount to cover the increased rental loss associated with no advance notice; and d) interest on the above amounts at the statutory rate from the date each was due. The early termination fee is due on the earlier of the date Resident(s) give notice to vacate or the date the unit is vacated. All other amounts are due at the times specified in this agreement. If the early termination box is not checked, Resident will be liable to Landlord for all actual damages resulting from the early termination, including but not limited to: repayment of concessions; all rent through the earlier of the date the unit is re-rented and the lease termination date; advertising and administrative costs to re-rent the unit; concessions given to re-rent the unit; the difference in rent if a lower rental rate is received from a replacement resident during the remaining term of the original rental agreement; and the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Resident proves could be reasonably avoided.

5. TERMINATION: A 30 day written notice to terminate will be required for a month to month tenancy. If the tenancy is for a set term, Resident must give Landlord written notice of intent to vacate at least 30 days prior to the end of the term or the tenancy will, at the option of Landlord, convert to a month to month tenancy automatically, with all conditions, rules and regulations continuing. Such month to month tenancy may be terminated by Resident after service upon Owner/Agent of a written 30-day Notice of Termination. Except as prohibited by law, that month to month tenancy may be terminated by the Owner/Agent by service upon the Resident of a written 60-day notice of termination of tenancy. However, Civil Code Section 1946.1 provides that “if any tenant or resident has resided in the dwelling for less than one year,” the Owner/Agent may terminate the tenancy by service upon the Resident of a written 30-day notice.

6. PETS, WATERBEDS AND MUSICAL INSTRUMENTS: No cats, dogs or other pets capable of causing damage to persons or property are allowed without a signed Pet Agreement, and a pet fee paid by the Resident. The Resident will be responsible for any and all damage caused by their pets. Waterbeds are permissible only with proper insurance and written approval by management. Pianos and organs are not allowed without the written consent of management.

7. OCCUPANTS: The unit will be used only for housing persons listed on the Rental Agreement. Additional Residents must be approved by management and are subject to full screening procedures. Persons other than those specifically listed on the Rental Agreement shall be strictly prohibited from staying in the rental unit for more than 10 consecutive days, or a total of twenty days in any twelve month period.

For purposes of this section, “staying in the rental unit” means presence on the premises for a substantial amount of time, whether during the day or overnight, and shall include, but not be limited to, long-term or regular house guests, live-in baby-sitters, visiting relatives, etc. Resident shall notify the Landlord in writing at the earlier of: any time the Resident expects any guest to be staying in excess of the time limits contained in this paragraph; or when such person in fact stays in excess of such time limits. Subsidized Residents shall be required to submit a report to the Landlord identifying any persons not identified on the Rental Agreement and staying in the rental unit for more than 10 consecutive days, or twenty nonconsecutive days in any twelve month period, and shall state whether such person is contributing to the income of the Resident and to what extent.

8. SUBLETTING: Transfer of any interest in this agreement or subletting the premises is not permitted without Owner/Agent written approval.

9. CARE OF PREMISES: The Resident agrees to keep all areas of the premises clean, sanitary and free from any accumulations of debris, filth, rubbish and garbage and to dispose of same in a proper manner.

Residents shall take particular caution regarding the use of cigarettes and other fire hazards. Residents shall not store flammable or hazardous materials. Residents are responsible for all damages to furnishings or premises caused by their negligence. Resident shall report leaky or defective faucets at once. Expense or damage caused by stoppage of waste pipes or overflows of bathtubs, toilets or wash basins must be paid by the Resident as well as any damage to the building or furnishings other than ordinary wear and tear. The Resident shall be responsible for notifying the Owner/Agent when Resident becomes aware of an inoperable dead bolt lock or window security or locking device in the dwelling unit.

10. USE OF AND CHANGES TO PREMISES: All electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities or appliances on the premises are to be used in a reasonable manner.

Resident will immediately obtain, pay for and not allow to be disconnected or discontinued the utilities for which Resident is responsible. Resident will make no changes or additions to the premises or install anything on the walls, ceilings or in the windows without the prior written consent of Owner/Agent. Satellite dishes and/or antennas will be allowed only in strict compliance with Owner/Agent’s Satellite Dish policy and applicable law.

11. DAMAGE: The Resident agrees not to destroy, damage, deface or remove any part of the premises or permit any persons to do so and to assume all liability for damages other than ordinary wear and tear.

12. SECURITY DEPOSITS: All refundable deposits, however designated, may be used to offset any damage, unusual wear and tear or unpaid accounts (including rent) either during the tenancy or at the time of move-out. If used during the tenancy, Resident will replenish it upon demand. If applied at move-out, any excess will be refunded within the time required by law. Any deficiency will be due from you at the time the accounting is sent to you. Any amounts not paid by you within 31 days of the due date will incur interest at 1% per month. If any overdue accounts are turned over to a collection agency, the Resident will be responsible for all collection agency fees and charges. Sending the accounting and/or refunding any deposit does not waive the owner’s right to payment for charges discovered or finalized after the accounting was sent. Any security deposit received from multiple residents shall be refunded only when the last resident vacates the unit and terminates their tenancy, unless other arrangements are made with Owner/Agent in writing. Security deposits may be deposited into an interest bearing account. All interest shall accrue to the benefit of Owner/Agent pursuant to their agreement. No interest will be paid to resident on security deposits. If the “Deposits Held By Owner” box is checked on page 1 of this Rental Agreement, all deposits will be deposited by manager into a trust account as required by California law. Manager will then forward the deposits to the owner of the property, who will manage the deposits pursuant to California law.

13. FEES: Upon termination of the tenancy and delivery of possession, Owner/Agent shall first apply any fee to the related landlord expense as reasonably assessed against Resident, before applying Resident’s security deposit, if any, to that expense. Owner may charge a fee not to exceed $25 each time Owner sends a notice to Resident as a result of Resident’s non-compliance with this agreement to cover Owner/Agent’s administrative expenses for issuing the notice.

14. JOINT RESPONSIBILITY: All Residents are jointly and severally responsible for rent, all other performance and financial obligations hereunder and any damage caused to the living unit or common area by the Resident, any Resident or Occupant of the same unit or their guests.

Cost of repairs for damage must be paid within 30 days after receiving a bill unless other arrangements have been made, in writing, with management. Any valid termination notice received from any one Resident may be considered by Landlord a termination notice from all Residents. Any Residents not giving the notice who desire to remain in the premises, may be required to submit updated financial information and requalify under Owner/Agent’s then current criteria.

15. ACCESS: The Resident agrees not to unreasonably withhold consent to the Owner/Agent to enter the unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements or to show the unit to prospective buyers or Residents. Owner/Agent may enter the unit without consent in an emergency or at any reasonable time with 24 hours actual notice or after receipt of tenant’s written request for maintenance. If the Owner/Agent is obligated to maintain the yard, the Owner/Agent, or their contractors, may enter the yard, without notice, at reasonable times and with reasonable frequency, to perform the maintenance work.

16. ABSENT: The Resident agrees to notify the Owner/Agent of any absence in excess of seven (7) days no later than the first day of absence.

17. LEGAL ACTION: In the event an action is brought by any party to enforce any term of this agreement or to recover possession of the premises, the prevailing party shall recover from the other party, in addition to costs, reasonable attorney’s fees.
c If checked, the total amount the prevailing party shall recover shall not exceed $_________________.

18. LOCKS: Doors of Residents’ unit should be kept locked. Resident shall notify Owner/Agent in writing if locks fail to operate. The Owner/Agent will not be liable or responsible in any way for loss or damage to articles or property belonging to Residents. Resident shall not change the locks without Owner’s prior consent. Resident shall immediately provide Owner with a key to any new locks installed.

19. RENTER’S INSURANCE: If renter’s insurance is required on the front of this Agreement, Resident will obtain and maintain insurance with a minimum of $100,000 of liability coverage. Resident will supply Owner/Agent with evidence of such insurance prior to occupying the unit and thereafter upon request. Failure to maintain such insurance in full force will be considered a material non-compliance with this Agreement.

If insurance is not required by this Agreement, Resident should maintain renter’s insurance to cover Resident’s liability to Owner/Agent, as well as damage or destruction of Resident’s property. Whether or not renter’s insurance is required, Resident is not a co-insured under, and has no rights to, Owner/Agent’s insurance policies. Except to the extent required by law, Owner/Agent is not responsible for, and its insurance does not cover damage or destruction to, Resident’s property. Except to the extent prohibited by law, Resident, on behalf of himself and Resident’s insurers, hereby waives any right to subrogation against Owner/Agent or their agents, employees or insurers with respect to any loss or damage relating to Resident’s property to the extent such loss or damage is covered by Resident’s renter’s insurance. Owner/Agent does not waive any subrogation rights its insurers may have.

20. CONDUCT: The premises are to be used only as a dwelling. All Residents are responsible for their own conduct, that of the other Residents in the unit and their guests. Noisy conduct that disturbs the quiet enjoyment of any other Resident or drunk or disorderly conduct will not be permitted at any time. Between 10:00 p.m. and 7:00 a.m. no noise may be emitted from the unit that can be heard outside the unit.

This includes stereos, radios, televisions, etc. Residents will not be permitted to play in halls, stairways or entrance of buildings, gardens or landscape areas except where specifically permitted by management.

The use, possession, manufacture, or distribution of illegal substances either on or in the vicinity of the Premises is strictly prohibited. Resident may not allow any person to: a) be on the premises who has been excluded from the common areas by Owner/Agent; or b) stay in their unit, as defined in section 7 above, who has had their rental agreement terminated by Owner/Agent. Any action by Resident, any occupant of Resident’s unit, or any guest of Resident that interferes with the management of the premises, shall be considered a material noncompliance with this rental agreement.

21. MALFUNCTIONS: The Resident will immediately report in writing all malfunctions of equipment, failures of essential services, or needs for repair. The Resident shall not tamper with the heating system, appliances, locks, doors, light fixtures, or smoke alarms or make any alterations of any nature on or to the premises without the specific written consent of management.

22. RESIDENT LOSSES: The Owner/Agent shall not be liable for damages of any kind caused by the lack of heat, refrigeration or other services to the premises arising out of any accident, act of God, or occurrence beyond the control of the Owner/Agent. The Resident shall be limited to the rights and remedies specified under California law.

23. CO-SIGNER: If the obligations under this agreement are guaranteed by a co-signer, Resident agrees that Owner/Agent would not have rented without the guaranty. In the event the guaranty is terminated or becomes unenforceable for any reason, this will be considered a material noncompliance with this agreement.

24. COMMUNITY RULES: Unless Owner/Agent has custom rules and regulations for the property, the rules and regulations contained in MMHA form M132 CA (Community Rules & Regulations) apply and are incorporated by reference herein.

25. NOTICES: All notices required under the Rental Agreement or State law to be in writing shall be served personally, by first class mail or by first class mail and attachment. If served by first class mail and attachment, a notice from the Owner/Agent to the Resident shall be deemed served on the day and at the time it is both mailed by first class mail to the Resident at the premises and attached in a secure manner to the main entrance of that portion of the premises of which the Resident has possession. If served by first class mail and attachment, a notice from the Resident to the Owner/Agent shall be deemed served on the day it is both mailed by first class mail to the Owner/Agent at the address set forth on this Agreement and attached in a secure manner to the main entrance of the complex office, if one exists, and if not, to the Owner/Agent’s location identified on the front of this Agreement. If the main entrance to the complex office is located inside a building, the notice should be attached to the main entrance of such building.

Owner/Agent is authorized to accept notices on behalf of the owner of the premises. Personal service may be effected for the purpose of service of process and for the purpose of receiving and receipting of all notices and demands at the telephone number, and street address of the Owner/Agent listed on the front page of this Rental Agreement.

26. PARKING: Unless Owner/Agent has custom parking rules for the property, all off street parking is governed by the rules and regulations contained in MMHA form M158 CA (Parking/Carport Agreement) which Resident acknowledges receiving and is incorporated by reference herein.

27. CONTROL OF COMMON AREAS: Owner/Agent and any person designated by Owner/Agent retains control over any common areas of the Premises for the purposes of enforcing state trespass laws.

28. REQUESTS FOR REASONABLE ACCOMMODATION/MODIFICATION:

As required under federal, state, and local fair housing laws, Residents with disabilities may request reasonable accommodations/modifications related to their housing. All requests must be made to the Owner/Agent specifying the nature of the requested accommodation/modification. It is recommended, but not required, that such request be made in writing.

29.TERMINATION FOR FALSE INFORMATION OR CRIMINAL
CONVICTION: If any information supplied in conjunction with application for this rental unit is later found to be false, or if any occupant is convicted of a crime during the tenancy that would constitute grounds for denial of tenancy under Owner’s then current rental criteria, this is grounds for termination of tenancy.

30. MEGAN’S LAW NOTICE: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.

31. COMPLETE AGREEMENT: This Rental Agreement, any rules and regulations for the premises, and any other written addenda executed by the parties on or after the date of this Agreement contain the entire understanding of the parties. There are no prior oral or written agreements unless they are referenced herein. If this is a renewal of an existing Rental Agreement, all written addenda executed on or after the date of the original Rental Agreement that are consistent herewith are incorporated herein. If any clause or part of a clause of this Rental Agreement is found to be unenforceable by a court or other body with proper authority then that clause or part of the clause will be deleted and the rest of this Rental Agreement shall remain in full force and effect.

ON SITE RESIDENT MAIN OFFICE (IF REQUIRED)
Form M001 CA Copyright © 2014 Metro Multifamily Housing Association.® NOT TO BE REPRODUCED WITHOUT WRITTEN PERMISSION. Revised 8/4/2014.

INITIAL HERE ________________________________