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
MINUTES
CALL TO ORDER
The meeting was 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 -
A motion was made to approve the agenda as submitted by Vice Mayor Hodge, seconded by Councilmember Ivy.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
REPORT OUT OF CLOSED SESSION
There was nothing to report out of the closed session.
INTRODUCTIONS AND PRESENTATIONS
1. Update on the Everhart structure Fire.
2. Grass Valley Animal Control Grant
PUBLIC COMMENT -
Virtual Public comments are attached.
In-person: Speakers #1-9 (Noted changes: No speakers for cards #2 & 8)
CONSENT ITEMS -
Item # 2.
City of Grass Valley, CA MINUTES September 10, 2024
A motion was made to approve consent as submitted by Councilmember Branstrom, seconded by Councilmember Caravelli.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
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.
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
Item # 2.
City of Grass Valley, CA MINUTES September 10, 2024
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; 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.
Lucy Rollins, Senior Planner, gave the council an overview, and Cascade Housing presented to the Council.
Virtual public comments are attached. Public Comment: Matthew Coulter The motion was made of option 1 to uphold the Planning Commission denial and deny the appeal by Vice Mayor Hodge and seconded by Councilmember Branstrom.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
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
Item # 2.
City of Grass Valley, CA MINUTES September 10, 2024
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 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
Amy Wolfson, City Planner, presented this item to the Council, and David Ruderman, Assistant City Attorney, gave an overview of precisely what the council would be discussing and looking at per the Court order from the court of appeal.
Public Comment: Sean Johnson, Patrick Johnson, Martin Wood, Robin Davis, Jay Strous, Gil Mathew, Holly Navo, Theresa Detra, Barbra Bashall, James Stewart, Greg Rush, Barbra Ravines, Don Ravines, Ray Burnes, Star Carol, Sherly Osgood, & Matthew Coulter.
Virtual public comment is attached.
The motion was made to 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 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 by Councilmember Branstrom and seconded by Councilmember Caravelli. Voting Yea:
Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
A break was taken at 8:21 pm, and the meeting was called back to order at 8:28 pm.
ADMINISTRATIVE
12. Main St Sealing And Striping – Authorize Bidding and Approve Design
Item # 2.
City of Grass Valley, CA MINUTES September 10, 2024
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, the City Engineer, gave the presentation to the Council.
Public Comment: Jacob McDonald, Sean, Patrick Johnson, Robin Davis, John Moser, Matthew Coulter
Motion made to move forward with option 1, look for a funding source for option 3, keep the crosswalk at the intersection of East Main St and South Auburn, and 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 by Vice Mayor Hodge, Seconded by Councilmember Caravelli.
Voting Yea: Councilmember Branstrom, Councilmember Caravelli, Councilmember Ivy, Vice Mayor Hodge, Mayor Arbuckle
13. Discussion on City Council Compensation
CEQA: Not a Project
Recommendation: That the Council considers the information provided and provides direction to staff on how to proceed.
Tim Kiser, City Manager, gave the council an overview of the item.
Public comment: Sean, Patrick Johnson, Robin Davis
The council directed staff to bring back to the council an ordinance to raise the council's monthly salary to $550 for the council and $600 for the Mayor.
BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Branstrom attended the Magical Evening on Mill. Councilmember Ivy attended the Magical Evening on Mill and the Nevada County Community Foundation Home meeting. Councilmember Caravelli attended an ERC meeting, a Lou Countor Memorial partnership meeting, and a community fire discussion and announced that the ERC Summit is on September 19th. Vice Mayor Hodge attended a choir rehearsal and the Magical Evening on Mill. Mayor Arbuckle attended a conference in Puerto Rico, was invited to attend a CSAC meeting, participated in the Magical Evening on Mill, a Lou Countor memorial partnership meeting, and the 9/11 ceremony will happen at 9:01 am on Mill Street.
CONTINUATION OF PUBLIC COMMENT
ADJOURN
The meeting adjourned at 9:52 pm.
_______________________________ ______________________________ Jan Arbuckle, Mayor Taylor Whittingslow, City Clerk
Adopted on:__________
Item # 2.
I
Q lro lazct
CITY OF GRASS VALLEY CITY COUNCIL MEETING
GENERAL PUBLIC COMMENT SIGN IN SHEET
WELCOME to the City of Grass Vattey City Council meeting! Pubtic Comments provide an opportunity for the pubtic to address the City CounciI 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 sign 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 witl, be an attotted 30 minutes of generat pubtic comments and the remainder of comments witl be heard at the end of the agenda.
Speakers witt be calted in order of the numbers g'iven.
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.
Thank you for your participation.
#'s Address
(optional)
Ct(
Self/Business
(optional)
1 -,
1 t l^ .'i,tl\-(-U
\AA
3 frr- ,ltz a:Zlr t 1
4 [)"-", J hr k,i n. -
5 5+Y{'"q, CN l-fu,L /UC ct
?6 .)_ fioerf ll)r.vi. ' )u,b ,.d}'l*u-t^ elt c4o.nscR-/a,tl* y7 l,,iz^ \.-)- CU
Ml\A
9 {:46\0 n
'\htccr )
10 11
12 13
14 (/r
Print Name
Or N/A
Item # 2.
FOUNDATION
Community
Environmental
Advocates
PO Box 972, C6d.r Ridg., C a 959241)972
www.ce.'hr.o.9 / om,il: i^looc.a nc.o.9
My name is Don Rivenes and I live in Grass Valley. I am a member of CEAF.
The SFEIR dealt with mobile sources of air pollution. lt should also have dealt with the cumulative impacts of stationary sources of air pollution from project buildings.
CPUC President Michael Picker recently said: Twenty-five percent of total emissions in California are from the use of natural gas in homes and buildings. The tens of millions of natural gas appliances currently operating in California represent a significant source of greenhouse gas emissions and indoor air pollution".
California Air Resources Board staff on Monday made a local presentation on its proposed new zero carbon standatds for purchase of new space and water heaters in California starting in 2030.
The Grass Valley Energy Action Plan says: "The City should incorporate zero net energy (ZNE) incentives and resources into the local design and building networks outreach. Highly energy-efficient technologies including HVAC should then be applied along with metering equipment." The UCLA Fielding School of Public Health found that if all residential gas appliances were replaced by clean electric models, the reductions of NOx and particulate matter in the outdoor air would lead to 354 fewer deaths each year.
Alternative B's contribution to GHGs is cumulatively a significant and unavoidable impact. Though most of the emissions come from mobile sources, natural gas and electricity contribute 700 MT CO2e. The gas emissions would be eliminated with all-electric buildings.
The Grass Valley Planning Commission passed a condition on Dorsey that stated: 'The building plans shall show that all the units in the apartment buildings include electric space heating and electric water heaters."
The Applicant asked the condition to be removed stating: "Wth alFelectric heating and appliances, renters are at the mercy of PG&E and mother nature. \A/hen PG&E has a (planned or unplanned) power outage, tenants will not have the ability to bathe or wash their hands with hot water, prepare a meal, or heat their home."
This is misleading. Heating the apartment with a gas furnace does not solve the outage problem since there are several components of a gas furnace that operate on electricity.
Temporary loss of bathing or preparing meals during an outage are a minor inconvenience compared to the year-round elimination of methane and other air pollutants. By the way, one-fourth of all U.S. homes are all-electric.
CEAF asks that all-electric housing be reinstated for this project. We also ask the developer to provide "net-zero" energy in all-electric commercial buildings. The dollar savings from not installing gas lines for the project can be used to provide backup storage.
Acting now immediately provides all the zero net-energy benefits and avoids the cost of extensive retrofitting to meet near-future zero nelenergy laws.
-1
Item # 2.
1 Taylor Day
From: Janet Goodban
Sent: Tuesday, September 10, 2024 10:24 AM
To: Public Comments
Subject: Dorsey Marketplace
[You don't oŌen get email from Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Hello,
I won’t be able to aƩend the meeƟng tonight, but wanted to let you know I do NOT approve of the Dorsey Marketplace due to environmental concerns. We just narrowly did away with the mine being reopened, and now have this to contend with.
This will change not only the landscape of our beauƟful town forever, but will cause air quality decline, traffic snarls, noise and polluƟon, and I’m afraid it will negaƟvely impact our downtown businesses that are already struggling.
People come up here to live in this gorgeous area of the foothills (I know I did over 20 years ago), not to just move to yet another city with traffic, noise and air polluƟon. Yes, it might be a liƩle inconvenient to drive to Auburn to shop the larger stores, but is that really worth sacrificing the trees and the beauty of our small town? Let’s try to keep it a city with a "small town feel" as long as we can, and not let money-hungry corporaƟons change our scene forever.
PLEASE vote no on this project and please add this email to responses tonight! Sincerely,
Janet Goodban
Grass Valley
Item # 2.
2 Taylor Day
From:
Sent: Tuesday, September 10, 2024 10:23 AM
To: COGV General Voicemail
Subject: New York HotDog Cart
I am in total support of the NYHDCo being on the corner of East Main and Presley, I have been working in the medical field around this area since 1998 and it is nice to have a place to grab a quick lunch and not have to stand in line at a restaurant. NYHDCo has a wonder owner and is very pleasant to chat with while getting lunch.
Please let him continue to serve the public at this location. He has already jumped through the hoops of having to get the license with the City of Grass Valley.
Michelle Brady
You don't often get email from m. Learn why this is important
Item # 2.
3 Taylor Day
From: Michael Wilkie
Sent: Sunday, September 8, 2024 8:48 AM
To: Public Comments
Cc: Tim Kiser
Subject: Deny CHA Carports Appeal
To: the Grass valley City Council
In this case it would be wrong to countermand the Planning Commission and the appeal should be denied.
CHA is not a local Mom & Pop apartment operator. It’s a sophisticated conglomerate operating 21 apartment complexes with thousands of units. They knew or should have known that full replacement insurance coverage was needed. They benefitted from years low premiums being under-insured. Poor business practice on their part is no reason they should be allowed to shirk their obligation to the City
While technically a non-profit, that does not mean CHA works for free and doesn’t get paid. There are fees for management, collection, applications, credit reports and the list goes on.
And how about over-rides on vendors, subcontractors and capital improvements. Then there’s the employee costs, it would be very telling to see how much the compensation packages for Isham and Ragsdale are.
Like a Home Owners Association with the Sterling-Davis Act, CHA should have been setting aside reserve funding for such things as roofs, windows, cabinets, appliances and yes, carports. Poor business practice on their part is no reason they should be allowed to shirk their obligation to the City.
They snoozed on FEMA repair grants, which they knew or should have known about.
Tenants expect car ports and they add to the visual appeal instead on just more plain asphalt. Not having them degrades our community
Some people who received this message don't often get email from Learn why this is important
Item # 2.
4 They illegally demolished the damaged car ports, deceptively running roughshod over our Community.
They already rec’d $484,000 of insurance money for the carports.
If they don’t have to replace the carports, will whatever is left over after the cost of demolition be a windfall?
Using Senate Bill 721 as an excuse is immaterial smokescreen.
It’s completely unrelated and they have not even come forth with any improvements will be required.
For all the right reasons, the appeal should be denied.
Michael Wilkie
Grass Valley
Item # 2.
5 Taylor Day
From:
Sent: Friday, September 6, 2024 5:02 PM
To: Public Comments
Cc: Bjorn Jones; Tim Kiser
Subject: reduce speeds not crosswalks
Hello,
I think I understand the pedestrian safety reasoning for potentially eliminating cross walks in downtown GV, but I don't agree with it. I'm thinking GV officials have really made a point of wanting to make downtown more pedestrian/wheelchair user friendly by establishing the fabulous area on Mill between Main and Neal to be car free. I ask that GV officials continue in that vein by forcing vehicle drivers to slow down and be much more attentive when driving on Neal, Main and Auburn Streets especially please!
Please have the speed limit lowered and speed humps installed throughout the area and make sure drivers know those lower speeds will be enforced. Change the stop light at Auburn and Main to be red for vehicles when the walk light is on in all directions! If drivers don't want to be "inconvenienced" by having to slow down and be attentive to more vulnerable transportation users then make it clear by signage, etc, to drive elsewhere to get through town. There should not be any reason to eliminate any downtown crosswalks which would inconvenience pedestrians and wheelchair users, especially when GV officials seem to want to draw more pedestrians and the like to downtown.
Doing the above would expand the walkability of downtown by blocks, inviting more people to shop, eat, drink and enjoy more events in the larger, safer area, utilizing even more of the wonderful "parklets" along Main St.
Thanks and Regards,
Mary Furney
Grass Valley
You don't often get email from . Learn why this is important
Item # 2.