On the agenda: Grass Valley City of Grass Valley City Council Meeting - Nov 24, 2020 — Datacenter (Dec 3)

CITY OF GRASS VALLEY
CLOSED SESSION
CITY COUNCIL MEETING
Lisa Swarthout, Mayor
Jan Arbuckle

Ben Aguilar, Vice Mayor
Howard Levine

Hilary Hodge

NOTICE OF CLOSED SESSION MEETING
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF GRASS VALLEY WILL
HOLD A CLOSED SESSION MEETING ON TUESDAY, NOVEMBER 24, 2020 AT 6:00 PM IN
THE MAYOR’S CONFERENCE ROOM OF GRASS VALLEY CITY HALL, 125 EAST MAIN
STREET, GRASS VALLEY, CA 94945
Public Comments for Closed Session Items Only
Call to Order:
Roll Call:

1.

CONFERENCE WITH LABOR NEGOTIATOR (GOV. CODE § 54957.6)

2.

PERSONNEL

Name of City/Agency Negotiator(s) to Attend Closed Session:
Tim Kiser, Andy Heath, and Patrick Clark
Employee Organization(s):
Unit 2 – The International Union of Operating Engineers, Stationary Engineers, Local 39

Public Employee Performance Evaluation (Gov. Code § 54957)
Title: City Manager

Adjourn:

Posted:

__________________________________________________________________________________
Date
Time
Taylor Day, Deputy City Clerk

CITY OF GRASS VALLEY
CITY COUNCIL MEETING
Lisa Swarthout, Mayor
Jan Arbuckle

Howard Levine

Ben Aguilar, Vice Mayor
Hilary Hodge

REGULAR MEETING OF THE GRASS VALLEY CITY COUNCIL,
CAPITAL IMPROVEMENTS AUTHORITY AND REDEVELOPMENT “SUCCESSOR
AGENCY”
7:00 P. M., TUESDAY, NOVEMBER 24, 2020
COUNCIL CHAMBERS
GRASS VALLEY CITY HALL (LOWER LEVEL)
125 EAST MAIN STREET, GRASS VALLEY, CALIFORNIA
Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com
In response to Governor Newsom's Executive Order N-29-20 and Resolution 2020-09 Declaring the
Existence of a Local Emergency related to the COVID-19 pandemic, public participation in the City of
Grass Valley City Council and other public meetings shall be electronic only, and without a physical
location for public participation, until further notice in compliance with California state guidelines on
social distancing. City Council welcomes you to attend the meetings electronically, which are scheduled
at 7:00 p.m. on the 2nd and 4th Tuesdays of each month. Your interest is encouraged and appreciated.
This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet
at www.cityofgrassvalley.com , or on the City of Grass Valley YouTube channel at
https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ Indexed archives of meetings are
available via this link as well. 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 of Grass
Valley 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.
If you do not have the means to participate in meetings electronically, contact the City at (530) 274-4390
and staff will be happy to identify alternative means for you to participate.
AGENDA

A.

CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:

B.

AGENDA APPROVAL
The City Council reserves the right to hear items in a different order to accomplish business in the
most efficient manner.

C.

REPORT OUT OF CLOSED SESSION
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D.

INTRODUCTIONS AND PRESENTATIONS

E.

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 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.

F.

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 (roll call vote).
1. Approval of the Regular Meeting Minutes of November 10, 2020
RECOMMENDATION: Council approve minutes as submitted.
2. Local Emergency Proclamation (COVID-19)
RECOMMENDATION: Continuance of Novel Coronavirus (COVID-19) proclamation
declaring a Local State of Emergency.
3. Local Emergency Proclamation
RECOMMENDATION: Continuance of sinkhole proclamation declaring a Local State of
Emergency due to extreme weather.
4. Second reading of Ordinance 806 to amend the Grass Valley Municipal Code and the
Development Code to allow certain cannabis uses in the Heavy Commercial (C-3) and Light
Industrial (M-1) zoning districts.
RECOMMENDATION: That Council conduct the second reading, by title only, and adopt
Ordinance 806 that allows cannabis businesses to operate in the City of Grass Valley.
5. Approve Resolution No. 2020-56 Approving a First Supplemental Fiscal Agent Agreement
and Authorizing Related Actions.
RECOMMENDATION: That Council approve Resolution No. 2020-56 Approving a First
Supplemental Fiscal Agent Agreement and Authorizing Related Actions.
6. Approve Resolution No. 2020-57 Approving a First Supplemental Indenture, Designating
Officers and Authorizing Related Actions.
RECOMMENDATION: That the Board of Directors approve Resolution No. 2020-57
Approving a First Supplemental Indenture, Designating Officers and Authorizing Related
Actions.
7. Health and Safety Code Section 13146.4 Report on Fire Inspections.
RECOMMENDATION: That council 1) Accept and file the Grass Valley Fire Department
report pursuant to Health and Safety Code Section 13146.4 annual inspections. 2) Authorize
the Fire Chief to submit report to the Nevada County Grand Jury for review, as requested.
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8. Updated Per-Diem and Travel rates for City Employees and Officials
RECOMMENDATION: Approve Resolution 20-58 updating per diem and travel rates for
City of Grass Valley employees and officials
9. Body Worn Camera (Axon) Contract Renewal
RECOMMENDATION: (1) Direct staff to move forward with the Police Department body
worn camera contract renewal with Axon; (2) authorize the Police Chief to sign necessary
agreements, subject to legal review, and approve contract change orders up to 10%; and (3)
direct the Finance Director to make appropriate budget adjustments and/or required payments
G.

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

H.

PUBLIC HEARING

I.

ADMINISTRATIVE
10. Award of Information Technology Managed Service Provider Contract
RECOMMENDATION: (1) Direct staff to move forward with the Integral Networks Contract
and 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.
11. Police Department Communications Infrastructure and Equipment Upgrade
RECOMMENDATION: (1) Direct staff to move forward with the project to upgrade the
Police Department radio communications infrastructure pursuant to the attached Motorola
Solutions contract and scope of work agreements; (2) approve joining the H-GAC
Cooperative Purchasing Program and authorize City Manager to sign necessary documents;
(3) approve the attached contract as a sole source procurement pursuant to 3.08.140 (requires
4/5 vote); (4) authorize the Chief of Police to sign necessary agreements, subject to legal
review, and to approve change orders up to 10%; and (5) direct the Finance Director to make
appropriate budget adjustments and progress payments
12. Approval of Deputy City Clerk/Management Services Analyst Job Description, and
Executive Contract Appendix A.
RECOMMENDATION: That Council 1) approve the new job description and salary range
for Administrative Services Director; 2) review the proposed Deputy City Clerk/Management
Services Analyst employment agreement; 3) authorize the City Manager to execute the
agreements subject to legal review; and 4) authorize the Finance Director or the City
Manager’s designee to make any necessary budget adjustments and/or amendments to
complete this action.
13. Provide direction on the implementation process for the new cannabis ordinance.
RECOMMENDATION: That Council provide direction on the items below related to the
implementation and screening plan for the cannabis ordinance.
14. Informational item on the award of $3,499,281 for the 2020 Community Development Block
Grant (CDBG) for improvements to Memorial Park. RECOMMENDATION: Informational
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item only, no action is required.
15. Grass Valley Police Officer’s Association – July 1, 2020 – June 30, 2021
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 202060 approving the Labor Memorandum of Understanding for a one-year period beginning July 1,
2020 through June 30, 2021 between the City of Grass Valley and the Grass Valley Police
Officer’s Association (Unit 6)
J.

BRIEF REPORTS BY COUNCIL MEMBERS

K.

ADJOURN

Posted:
____________________________________________________________________________________
Date
Time
Taylor Day, Deputy City Clerk

Page 4 of 4

MINUTES OF THE

CITY OF GRASS VALLEY
CITY COUNCIL MEETING OF NOVEMBER 10, 2020
Lisa Swarthout, Mayor
Jan Arbuckle

Howard Levine

Ben Aguilar, Vice Mayor
Hilary Hodge

REGULAR MEETING OF THE GRASS VALLEY CITY COUNCIL,
CAPITAL IMPROVEMENTS AUTHORITY AND REDEVELOPMENT “SUCCESSOR
AGENCY”
7:00 P. M., TUESDAY, NOVEMBER 10, 2020
AGENDA
A.

CALL TO ORDER: 7:03 pm by Mayor Swarthout
PLEDGE OF ALLEGIANCE: Mayor Swarthout
ROLL CALL: Council Member Arbuckle, Council Member Levine, Council Member Hodge,
Vice Mayor Aguilar, and Mayor Swarthout were present

B.

AGENDA APPROVAL
No changes for the agenda.

C.

REPORT OUT OF CLOSED SESSION
Nothing to report out of close session.

D.

INTRODUCTIONS AND PRESENTATIONS
• Mayor Swarthout awarded Vivian Tipton from the Hospitality House with the National Hospice
Month Proclamation.

E.

PUBLIC COMMENT – Public comments where received from; Marilyn Pennington in regards
to shopping local as soon as she can park on Mill Street, Sue Clark in regards to shooting
practice next to the animal shelter and how its scaring the animals, John Burnside in regards to
the new raised island on Olympia Park Circle and commends Assistant City Engineer, Bjorn
Jones, and his work, and from Audrey Schwartz regards to putting racial justice on the regular
agenda.

F.

CONSENT ITEMS – Council Member Arbuckle moved to approve the consent agenda as
submitted. Vice Mayor Aguilar seconded, and the motion carried by a 5-0 roll call vote.
1. Approval of the Regular Meeting Minutes of October 27, 2020
RECOMMENDATION: Council approve minutes as submitted.
2. Local Emergency Proclamation (COVID-19)
RECOMMENDATION: Continuance of Novel Coronavirus (COVID-19) proclamation
declaring a Local State of Emergency.
3. Local Emergency Proclamation
RECOMMENDATION: Continuance of sinkhole proclamation declaring a Local State of
Emergency due to extreme weather.
4. Adoption of Joint Powers Agreement and Bylaws for California Intergovernmental Risk
Authority, which permits the merger of Public Agency Risk Sharing Authority of California
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1-1

and the Redwood Empire Municipal Insurance Fund.
RECOMMENDATION: That Council 1) approve and adopt Joint Powers Agreement and
Bylaws for the California Intergovernmental Risk Authority, which permits the merger or
joining of the Public Agency Risk Sharing Authority of California and the Redwood Empire
Municipal Insurance Fund, 2) authorize the City Manager to sign the Agreement subject to
legal review, and 3) authorize the City Manager or his designee to work with CIRA on steps
necessary to complete the merger.
5. WWTP Soil Removal Project – Final Acceptance
RECOMMENDATION: That Council, 1) authorize final payment for the WWTP Soil
Removal Project, 2) accept the project as complete, 3) authorize the Assistant City Engineer
to file a Notice of Completion with the County Recorder and 4) authorize the Finance Director
to execute a budget transfer of Sewer Rate funds to fully fund the project.
6. Update Job Descriptions for Battalion Chief, Fire Captain and Fire Engineer
RECOMMENDATION: That Council 1) approve the updated job description for Battalion
Chief, Fire Captain and Fire Engineer.
G.

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

H.

PUBLIC HEARING
7.

•
•
•

•

I.

Consideration of a Planning Commission recommendation to amend the Grass Valley
Municipal Code and Development Code to allow certain cannabis uses in the Heavy
Commercial (C-3) and Light Industrial (M-1) zoning districts.
RECOMMENDATION: That Council, after holding the public hearing: 1) make the
findings listed below; 2) waive the reading of the ordinance in its entirety and read by title
only; and 3) introduce an ordinance approving the attached ordinance.
Tom Last, Community Development Director, gave this presentation and explained the
Planning Commissioner’s recommendations and some changes that had been made by staff
since the last time that the council saw the Draft Ordinance.
Council Members discussed the clarification of the Manufacturing and Processing license,
the pros and cons of having medical cannabis allowed because it current is not in the
ordinance, the size maximums and ways to alter those, the setbacks that are in place.
Public Comments were received from Forrest Hurd, Maggie Phillips, John Regal, Shelley
Salvato, Abraha Valensky, Sebastian Gotla, Sarah Smalevill, Daniel Fink, Brad Simer, Maria
Herrera, Wade Laughter, Basil McMahon, Diana Gamzon, and Jonathan Collier in regards to
adding the medical aspect into the ordinance and addressing the square footage concerns of
being too restrictive.
Council Member Arbuckle moved that City Council, after holding the public hearing: 1)
make the findings listed below; 2) waive the reading of the ordinance in its entirety and read
by title only; 3) modify the maximum square footage to be allowed over 4,000 sq. ft. with a
use permit and 4) introduce an ordinance approving the attached ordinance. Council Member
Levine seconded, and the motion carried by a 5-0 roll call vote.

ADMINISTRATIVE
8.

Review and consider adopting the Amended Final Budget for the City of Grass Valley and
the Successor Agency for Fiscal Year 2020-21.
RECOMMENDATION: By MOTION approve the Final Amended Budget for the City of
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1-2

Grass Valley and the Successor Agency for fiscal year 2020-21. A 4/5s vote of the Council
is required for adoption of budget modifications.
• Andy Heath, Director of Finance, gave the presentation of this item and explained
where the City is at as of its financial positing, which is doing a little better than
predicted in the original budget.
• Council Member Levine wanted to personally thank Andy Heath for everything that
he has done for the City of Grass Valley and make the numbers understandable. Vice
Mayor Aguilar is excited to see the bond savings that the City is having.
• Council Member Levine moved that Council approve the Final Amended Budget for
the City of Grass Valley and the Successor Agency for fiscal year 2020-21. A 4/5s
vote of the Council is required for adoption of budget modifications. Vice Mayor
Aguilar seconded, and the motion carried by a 5-0 roll call vote.
9.

J.

Fire Protection Services Agreement & Implementing Documents
RECOMMENDATION: That Council approve the following items, and authorize the City
Manager to execute the same as necessary: 1) Fire Protection Services Agreement between
the Cities of Grass Valley and Nevada City, including the Worker’s Compensation
Agreement and Fire Station No. 54 Lease Agreement attached thereto as exhibits (pending
final legal review of each); 2) Resolution 2020-55 waiving certain requirements of Civil
Service Rules and Regulations regarding examination and selection of candidates; and (3)
Side Letter to Memorandum of Understanding for Unit #8, Grass Valley Career Firefighters,
IAFF Local 3800.
• Mark Buttron, Fire Chief of Grass Valley, and Fire Chief Goodspeed from Nevada
City gave the presentation on this item and explained the reasoning the proposed
service agreement and how this agreement would work between the two cities.
• Mayor Swarthout asked if Nevada City Council had signed off on this agreement
which Chief Buttron confirmed had happened that morning. All Council members
think that this is a beneficial and good service to bring to both communities.
• Council Member Arbuckle moved that Council approve the following items, and
authorize the City Manager to execute the same as necessary: 1) Fire Protection
Services Agreement between the Cities of Grass Valley and Nevada City, including
the Worker’s Compensation Agreement and Fire Station No. 54 Lease Agreement
attached thereto as exhibits (pending final legal review of each); 2) Resolution 202055 waiving certain requirements of Civil Service Rules and Regulations regarding
examination and selection of candidates; and (3) Side Letter to Memorandum of
Understanding for Unit #8, Grass Valley Career Firefighters, IAFF Local 3800. Vice
Mayor Aguilar seconded, and the motion carried by a 5-0 roll call vote

BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Levine enjoyed and was amazed by the Open House Tour of the Holbrook Hotel
and wants to say that he has talked to Mike Dent and they are good friends and laughed a lot.
Council Member Hodge wants to remind everyone that Facebook isn’t necessarily a place to
engage with the Council Body and does not think that the friction and the argumentative
communication is productive way to communicate and wants everyone to understand the
reasoning behind the cancellation of Cornish Christmas in the traditional fashion. But wants to
make sure that everyone is reminded of the true reasoning and Christmas spirit that our local
Page 3 of 4

1-3

community brings. Council Member Arbuckle is excited that she has gotten re elected and is
happy to be back and thanks for everyone for voted her. Vice Mayor Aguilar wants to
congratulate all of the new recently elected council members and looks forward to working with
them in the upcoming years. He also wanted to comment on how amazing the Holbrook Hotel
looks and encourages everyone to go check it out. Mayor Swarthout is very grateful that the
Holbrook investors choose our town to invest in, she also address our COVID numbers are
increasing and we may be moving into the red tier and she encourages everyone to continue to
social distancing and try to be COVID safe.
K.

ADJOURN
The meeting was adjourned by Mayor Swarthout at 9:26 pm.

_________________________________
Lisa Swarthout, Mayor

_____________________________________
Andy Heath, Administrative Services Director

Page 4 of 4

1-4

Front
$ont
Ta
$ubfcct

Marilyn Penningrton
Saturday, Norember l,WZg 9:25 PM
Public Commerts
Shop Local

I will be happy to shop local as roon as I can part on Mlll StrcEt botween Heal St and Maln Strcet.

Sentfrom myiFhone

1

1-5

Taylor Day
From:

Sue Clark

Sent:

Friday, November 6, 20201:39 PM
Public Comments
Fwd: Shooting practice near the animal shelter

To:
Subject:

Begin fonrarded message:

From: Sue Clark <[email protected]>
Date: November 6,2020 at 5:28:08 PM PST
To: public@cityofgrassva lley
Subject: Shootlng practlce near the anlmal shelter
To Grass Valley City Council:
I walk the wonderful Wolf Creek Trail almost every day. lt gives me a lot of joy and I am grateful that you constructed it.

However, there is a lot of shooting from near the animal shelter. I think it's police practicing.
The animals are terrified as it , is and when the shooting starts, they literally start screaming (not just barking).
It breaks my heart and I wanted to let you know that I was hoping you could figure out a solution to this. I do think the
animal shelter is improving in the care it is providing ,but the shooting is just toxic for these terrified animals.
Respectfully,
Susan Clark
5307988215

1

1-6

Taylor Day
From:

John Burnside .

Sent:
Cc:

Tuesday, November 10,2020 4:56 PM
Public Comments
Bjorn Jones

Subject:

Raised central island added to Olympia Park Circle mini-roundabout

To:

Ladies and Gentlemen of the City Council,
I am John Burnside, a licensed civil and traffic engineer. I live in Big Oak Valley. I retired in 2004

after forty years at Caltrans, where ! had Iearned the traffic engineerang benefits of modern
roundabouts. Since my retirement, I committed my professional expertise to assist in their
development as a safety-based traffic control devise.
! commend vour Assistant CiW Engineer. Biorn Jones. who is responsible for the design and

installation of the raised central island that was added Iast Tuesday to the Olympia Park Circle
mini-roundabout, the one near Ben Franklin's. Bjorn welcomed my participataon in the design
process, which was new engineering territory for both of us. Working together we selected a 20foot diameter island. We agreed that it needed to be off-center to ease the main move-the left
turn exit from the driveway. Bjorn's final location for the island was Iess than two feet from
mine. Now that it's built I think Bjorn's choice was better as it looks like it's centered. My location
would have been more obviously off-center. Aesthetics are important.
Now if this meeting were in-person instead of streaming, I would yield my remaining time to
Bjorn, as he can answer your technical roundabout questions. Thank you.

John Burnside, P.E., T.E.
Designing roundabouts since 1985
INs and OUTs of ROUNDABOUTS, Inc.
A Catalyst for Well Designed Modern Roundabouts
lnitial designer of the ZOLB roundabout in Olivehurst, CA,
using the Howard McCulloch method of design

530-5755007

1

1-7

Trylor Dar
Fronr

audrey schwanz

S.nt
Tq

Tueday, Nolember 1A,ZA20 559 PM
Public CommenB
Public comment

Subfcct

To Oty Council,

Hello, urould you please start puttln3 raclaljustice on the agenda? Arc you vrorklrq to rnahe grass valley a safie place far
Elacb lndfienouS and Feople Of Color? Would you please be traneparent on the matter?

Would you also pham start including a land acknowledgment at e\rery meeting?
Plsase,
Audrery

Sentftom my lPhone

1

1-8

Taylor Day
From:

DIANA GAMZON

Sent:

To:
Subiect:

Tuesday, November 10,2020 7:00 PM
Public Comments
Voice Mail (3 minutes and 11 seconds)

Attachments:

audio.mp3

hello my name is DIANA GAMZON and i'm executive director of the nevada county cannabis alliance a trade
association representing over three hundred members of the local cannabis industry we provide educational support
and public policy initiatives that promote a thriving local cannabis industry in the county i want to thank the grass
valley is to be council and grass valley 's to the staff for your openness to welcome a cannabis industry into the city
limits after joining the effort to establish a regulated cannabis industry in about accounting we understand the grass
valley is moving cautiously into canvas regulation and with respect to this attitude we have modified our
recommendations tonight to help balance what is needed to start a cannabis industry with the community
considerations The current proposed zoning and setbacks eliminate viable, available partials in which cannabis
businesses would be able to operate. We encourage the Council to consider expanding zoning in areas with
compatible uses for cannabis businesses and other light industrial allowances, such as the use of overlays in general,
industrial business parks in special development areas. With strict limits on the available parcels, we're welcoming
into the community well funded out of town operators versus helping locals open businesses. Please ensure this
ordinance is iaccessible to local residents lying to operate craft cannabis businesses by reducing the residential set
back from 500 feet to 250 feet. Additional light industrial parcels become available. While still providing the city with
the desired residential set back buffer. in addition we strongly recommend expanding the zoning for retail
dispensaries the zoning is currently limited to heavy commercial and light industrial with common businesses such
as auto repairs heavy machine suppliers and industrial storage dispensaries operated the cash only business in
locating these businesses and heavy industrial areas composed risk of less visibility from law enforcement this puts
both employees and patrons at risk the economic ripple effect of dispensary 's have been well documented in
communities throughout the county country and there is a direct correlation between money spent it's trending
restaurants shopped and special specialty stores the ordinance can serve as a foundation for creative career
opportunities for locals examples of jobs include chief financial officers Scientist, supply chain managers and
marketing specialist specialists. Testing labs often hire PhD positions. the limit on the sides of manufacturing
businesses has not yet been justified and it limits entrepreneurship and innovation the restriction also does not allow
businesses to pivot in the future the twenty eighteen grass valley strategic plan continually appoint appoints to
diversifying the economy providing opportunity for non traditional retail supporting small farmers and providing
opportunities for industrial businesses to thrive in addition line four B eleven express is the goalto evaluate the
economic social and community impacts of a dispensary we are here to today to advocate for an industry that is in
alignment with with the existing goals set out and adopted by the city We encourage the Council to consider the
comments provided by the industry this evening as you deliberate. We recommend that the Council vote to consider
the recommendations that have been provided. Thank you for your consideration.
You received a voice mail from DIANA GAMZON.

Thank you for using Transcription! !f you don't see a transcript above, it's because the audio quality was not clear enough to

transcribe.

1

1-9

Taylor Day
From:

MC MAHON JAMES

Sent:

Tuesday, November 10,2020 6:57 PM

To:
Subject:

Public Comments
Voice Mail (2 minutes and 36 seconds)
audio.mp3

Attachments:

hello good evening my name is basil mcmahon i live at one eight five seven two is trying to place in unincorporated
nevada county i'm calling to encourage got five city council to consider a few changes to the ordinance has
proposed Yeah, l'm an owner and operator of a cannabis distribution and manufacturing business in Nevada City
called Rough and ready goods, and we have a facility here. lt's about 5000 square feet. By no means is it a large
space. Half of our facility here is for our distribution business with one license and approximately the other half of
the manufacturing license. And I understand that this city's proposal is to limit the size as the square footage.
allowed for manufacturing businesses i don't understand the justification forthis restriction i can understand that
you know perhaps the rationale for for setbacks or for restricting the zoning but what is the rationale for restricting
the size of the manufacturing business and if there is a rationale why why is that limits for at five thousand square
feet and not say ten or fifteen thousand square feet i don't expect there to be enormous manufacturing facilities
getting set up in grass valley it's just not actually all that practical most businesses operate in moderately sized
facilities but to keep it to you know a couple thousand square feet would really restrict the ability of those
businesses to succeed similarly i encourage you strongly to reconsider the proposal to tax cannabis based on its
potency there are a lot of products on the market which why are you know use responsibly and are more potent
than seventeen percent it could be at absolute deal breaker for businesses trying to get set up and to follow the
rules and participate in the legal marketplace and to pay taxes so i strongly encourage you to reconsider that
particular portion of your morning thank you very much for your consideration have a good day
You received a voice mail from MC MAHON JAMES .

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transcribe.
Set Up Voice Mail

3

1 - 10

Taylor Day
From:

MONICA SENTER .

Sent:
To:

Tuesday, November 10, ?020 6:55 PM
Public Comments
Voice Mail (1 minute and 49 seconds)

Subiect:
Attachments:

audio.mp3

yes my name is wade laughter i live on idaho maryland road iwish to submit comment on the proposed cannabis
ordinance for you that you are considering this evening i would as a long time user of medical cannabis for my
glaucoma as well as someone who has helped many persons will need cannabis i Thank you. we consider the
importance of medical cannabis designation for your dispensary 's There are people who need cannabis. Yes, young
people 18 oh to 21 year olds can come into a dispensary if they have a cannabis recommendation and it's a medical
dispensary. But wouldn't you rather they were buying their cannabis at a dispensary instead of in the parking lot at
Safeway? i would also encourage you to consider That the zoning that and set back requirements in your proposed
ordinance really severely limit the opportunities for cannabis businesses to take hold and flourish in your city lt will
drive up the price of real estate or those select few properties. to the exclusion of all other properties i would
encourage you to do put together an ordinance that will help and industry actually succeeded in grass valley And l'd

like to close by thanking those of you on the Council for your service to this community and for consideration of this
controversial topic in the Community of Grass Valley. Thank you.
You received a voice mail from MONICA SENTER.

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transcribe.
Set Uo Voice Mail

4

1 - 11

Taylor Day
From:

Maria Herrera

Sent:
To:

Tuesday, November 10,2020 5:51 PM

Subject:

Cannabis Business Ordinance public Comment

Public Comments

Dear member of the Grass Valley City Council,

My name is Maria Herrera. I'm once again submitting a public comment similar to my email to the Grass Valley Planning
Commission, hoping this time my public comment could be taken into consideration. I am a board member of the
Nevada City Cannabis Alliance and for the past four years I have worked as a consultant helping cannabis businesses
acquire local and state licenses and set up operations in Nevada County, throughout California and other states where
there are existing cannabis regulations, such as Oregon and lllinois.
I commend city staff and the city's efforts to begin the process of establishing a cannabis business ordinance that has the

potential to positively impact the city's economic development goals.
However, as written, the ordinance has the potential to stifle the benefits the city could potentially reap from having a
cannabis business ordinance.
First, the zoning restrictions in the current draft of the ordinance could inadvertently create a gentrification effect that
could displace existing businesses in the proposed "green zones". When zoning regulations such as this are established
in such a restrictive manner, landlords in those areas would be willing to evict or displace existing businesses under the
flawed premise that they could charge a higher rent per square footage to cannabis tenants than they are currently
getting from existing tenants. This has proven true in places like Sacramento, which experienced the displacement of
other manufacturing industries and services such as auto body shops to give way to higher paying tenants in the
cannabis industry, some of which in the end couldn't bear the burden of higher rents. This would neither serve residents
of Grass Valley, existing businesses or future cannabis businesses.
Reducing the residential setback from 500 to 250 feet could make more parcels available for the proposed use

Second, the restriction on the square footage allowed for manufacturing businesses (4,000 square feet) is arbitrary and
does not take into consideration the space needed to operate a compliant cannabis manufacturing facility that is safe
and congruent with state requirements.
Third, the restriction for distribution companies on their ability to distribute to other cannabis businesses such as
manufacturers and other distribution companies is also arbitrary and does not take into consideration how the cannabis
industry supply chain works. Many cannabis distribution companies focus on bulk sales or wholesaling while others
prefer to focus on packaging and labeling products that are ready for distribution to retail. As city staff and legal advisors
surely must know, and as per state regulations, cannabis retailers can only receive products packaged in its final form,
which includes weight and dosage restrictions, tamper evident sealing and full information panel. Restricting what type
of businesses cannabis distributors can compliantly and legally distribute products will greatly hinder the business'
ability to diversiff based on facility layout and expertise. These kinds of restrictions would not allow for a healthy and
thriving supply chain distribution model.
Lastly, I will let other speakers touch on the draft ordinance's lack of access for patients or Medical Use, which would
eliminate access to those needing medical cannabis most, among other points that would create barriers to entry for
many cannabis businesses.

5

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Agaln, thls k a grcat firct step lnto crsatlng emnomh opportunity ln 6ras Vallery ar rve more fiorumrd ectabllshlng an
ordinance that wguld allow fur the permlttlng of what the st tE hrs deemed esoenthl buslness€s during this pandemle.
Howruel mmh more onsHeriation needs to be Etven ts how the lnducsy cunenily operates and what nrculd allow for
the succesrful establishment of a cennabls industry eco$ystGm in 6raso Valley slmilar to Nevada City.
Thanks fior your conslderetion.
Sincercly,

Meria llerrcra

Maria Henera
Senior Consultant

El-

9H78-3108

Nevada Cify, Califomia

6

1 - 13

Taylor Day
From:

Unavailable .

Sent:
To:

Tuesday, November 10,2020 6:23 PM

Subject:

Attachments:

Public Comments
Voice Mail (2 minutes and 35 seconds)
audio.mp3

Yes, good evening. My name is Brad P Simer. I actually live in Alta Sierra on Brewer Rd, but I want to comment on

this evening's agenda. My concerns as being the former vice chairman for the Americans for Safe Access Group.
Comma. i think it's extremely important that we expand zoning basically we have limited commercial space and
allowing the zoning To allow to, you know, being commercial and neighborhood. Flex center and allow for a non
retail businesses within the within the special development areas is important thing said facts i think that we should
keep the set backs for educational institutions an reduce residential setbacks from five hundred to two hundred fifty
feet if you look at the cannabis businesses that are existing they have extremely good relationships with all of their
neighbors and i think that would be maintained going with in residential Medical use. my my whole thing involved in
the cannabis industry has been based on medical use And. I think that we should have a retail option to promote
access for medical cannabis patients. i've always worked in that way and i think that's an important thing i would
also like to see the processing license added to fulfill on need for local cannabis farmers basically their ability to also
process materials on their farms a lot of times they have to ship that material off the farms which is another
extensive cost involved in the project and then basically i'd like to see removed any of the arbitrary requirements on
manufacturing including square footage limitations as well as restrictions from manufacturing licenses Holding are
also a retail license. i would like for this to move forward i appreciate your time this evening and i look fonruard to
seeing progress on these issues thank you very
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or
From:
Sent:
To:

Subject:
Attachments:

SARAH SMALEVILL
Tuesday, November 10,2020 6:21 PM
Public Comments
Voice Mail (2 minutes and 33 seconds)

audio.mp3

Good evening, I am calling to leave a public comment in regards to the cannabis ordinance that the Grass Valley City
Council will be considering tonight. My name is Sarah's Mail. I am in Nevada County resident and an attorney who
practices in Nevada City and around Nevada County. My law firm Origin group law works primarily with cannabis
businesses who hold or are in the process of obtaining. local permit and state license is related to the cannabis
industry i want to start by thanking the city council for its willingness to consider cannabis businesses within the city
of grass valley i really believe that expanded access to cannabis permits and license types within the county will
allow revenue to stay within the county and also provide the permitted cultivators and the unincorporated area of
nevada county and increased ability to work with local distributors manufacturers testing laboratories others in the
supply chain and allow us to keep those revenues within the county by opening up some options in the city of grass
valley i do have a few specific recommendations related to the proposed ordinance the first is that i strongly
encourage the city council To allow retailers to obtain both medicinal and adult use license designations, the
medicinal designation allows cannabis patients to purchase additional amounts of cannabis in cannabis products
that may be necessary for patients medical needs in which are otherwise inaccessible. Because there are more
restrictive limitations on amounts that may be purchased. under an adult use only licensed retailer this second item
that i would like to speak about relates to the license types i strongly encourage you to add a processing license
many nevada county cannabis farmers can't process their own cannabis plants following harvest on their own
properties because they don't have appropriate facilities and so allowing processing facilities within grass valley
would just allow some additional options and again keep some revenue within the county as well as the local
farmers business so they don't need to go to folks in sacramento in other areas the last thing i want to mention is i
would ask that you remove the arbitrary requirements relating to manufacturing businesses including the square
footage limitation and then the and the limitation also holding a retail license and then increase the available zoning
areas for all license types that's about all thank you so much for taking the time to listen and to talk about this really
important issue we appreciate you an look forward to listening to the meeting tonight thanks so much
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Taylor Day
From:
Sent:
To:
Subject:

DANIEL FINK
Tuesday, November 10,2O2O 5:22 PM
Public Comments
Voice Mail (56 seconds)

Attachments:

audio.mp3

My name is Daniel Finh license cultivatuer, here in Nevada County Specialty cottage cultivation license. I M calling to
recommend that processing licenses added to the list of available permits in Grass Valley as the high cost.
permitting a commercial building on my farm holds me back from being able to do it and i have need of all safe
processing it's a really good license type it does not involve cultivation and it provides a lot of jobs entry leveljobs at
that and i think it could be good for the industry of grass sally even a single processing facility to potentially create
ten or a dozen jobs thank you for hearing me today have a good day
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Taylor Day
From:

SEBASTIAN GOTLA

Sent:
To:

Tuesday, November 10,2O2O 6:09 PM
Public Comments
Voice Mail (2 minutes and 4 seconds)

Subject:
Attachments:

audio.mp3

Hey good evening City Council my name is Sebastian GOTLA and my recommendations this evening are coming
from my perspective is a licensed medical cannabis cultivatuer board member of the Nevada kind of Cannabis
Alliance and as a resident of Nevada County for over 30 years. As a board member of the Nevada County Cannabis
Alliance have had the honorable duty. Of serving as the Compassion Committee chair. the compassion committee
was founded in part to help local patient obtained free and low-cost medicinal cannabis medicine typically provide
cannabis to patients with catastrophic an incurable diseases Such as children with severe epilepsy. compassion
committee is also exploring other opportunities in which the local E license cannabis businesses can help improve
the health and wellness of other at risk and vulnerable patients of our community in order to comply with state law

the cannabis medicine must be distributed by licensed retail outlet for dispensary With the Grass Valley dispensary
were not allowed to also have a medical designation, they would not be able to have a compassion program in
Grass Valley. please allow the grass i dispensary to also have a medical designation for the compassion committee is
able to expand beyond nevada city in providing education and access to donated local cannabis medicine for those
patients in critical needs i'd like to operator ialso asked please include cannabis processing license types in this
ordinance the licensed cultivators in nevada county need additional processing services locali The cost of building an
outside processing building is not a feasible option for most cultivators. During the first few years of business, by
allowing processing licenses types and encouraging processing businesses, Grass Valley will be adding significant
value and economic opportunity to the community. at large thank you for taking the suggestions in to your
considerations
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Taylor Day
From:

VALENSKY,ABRAHA

Sent:
To:

Tuesday, November 10,2020 6:02 PM

Subject:
Attachments:

Public Comments
Voice Mail (1 minute and 30 seconds)
audio.mp3

good evening councilmembers My name is Abraham Volinsky. l'm the owner of a green Hummingbird farm, a local
medical cannabis family farm in Grass Valley. I know the tax is not on the agenda tonight. I wanted to the console to
address the THC tax in the near future. I have concerns that if this is not. won't be addressed then the industry is a
non starter from the beginning especially when in nevada city such tax does not exist many products with high THC
are in high demand and and less grass valley is able to meet the market demand both consumers and producers will
Choose to shop and produce somewhere else. again nobody cities for example THC tax is very important
considering when adopting an ordinance were the console is expecting job growth and new sources of revenue i
would like also to see indoor cultivation options in the ordinance and left Two, it allows for medical use designations
for medical patients, depending on cannabis. This is very important. a thank you for the time But
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Taylor Day
From:

SHELLEY SALVATO

Sent:
To:

Subject:

Tuesday, November 10,2020 5:38 PM
Public Comments
Voice Mail (2 minutes and 42 seconds)

Attachments:

audio.mp3

Hi my name is Shelley SALVATO tour and l've been 30 / 30 year resident of Nevada County. raised my son 's here
i've been an active volunteer with Nevada County Cannabis Alliance. Over the years l'm actively working at the
dispensary. And I my goal is to have a canvas manufacturing business producing high THC salves and lotions and
i've been looking for available locations in the proposed zoning however there is a lack of inventory in my last
search for location only brought up vacant land i plead with you guys to please open up the zoning to allow
opportunities for locals to open businesses with a limited available parcels and restrictive zoning it seems that only
out of county heavily funded businesses will be able to open along idaho maryland in light industrial zoning there
are few options were available parcels if only the residential set back was reduced from five hundred feet to two
hundred feet may be helpful to understand that non retail cannabis businesses are not open to the public in very
select regulations very strict regulations for security and out odor control to think that a youth would enter these
facilities is mere nonsense it would not happen please don't handicap locals waiting to enter the industry due to
rational fears based on out dated Concerns related to prohibition. These are professional businesses that deserve
the same respect as other businesses operating in light industrial. My business would be no different than someone
making lavender hand cream. Also an aside, as someone who aspires to produce high THC creams for topical use to
treat skin conditions, I highly recommend that the Council consider removing the THC tax at a future council
meeting. there's no way there's the tax revenue will be realized if that remains in fact i don't think any cannabis
business will choose to open if that tax remains THC tax will prove to be the the biggest handicap to the industry
starting in grass valley I have also been working in about a city at Elevation 2477.Ihe last two years and I see. how
high are these taxes are already Just sales tax. Nevada City tax and the excise tax and it's really hurting the
consumers, especially the elders of our community. Who are, you know really looking for? high quality product so
anyl ,ay thank you very much i live at one oh four two four sun shadow circle in nevada city my phone number is five
three oh five seven five one seven nine four
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Taylor Day
From:

WIRELESS CALLER

Sent:

Subject:

Tuesday, November 10,2020 5:35 PM
Public Comments
Voice Mail (5 minutes)

Attachments:

audio.mp3

to:

hello good evening my name is john regalwith medicus industries in nevada city located on new mohawk road and
i'd like to thank the city council for taking my comments tonight i would like to comment on a few areas the first one
would be the medicinal designation that is under consideration it's very important for dispenser used to have him
additional designation there are many patients out there that rely on cannabis products to ease their elements it's
it's a very real product very real solutions for these patients and adding a additional designation with allow
dispensary's too provide for patients on a compassion program which allows patients to receive medicine at no cost
or very low cost to deal with their ailments the second area i'd like to touch on is licensing types and they needed to
fill the for the farmers out there who lack the ability to process campus on their farmers lt's very, very expensive to
build out the infrastructure having this type of ability. For farmers will create job opportunities and new sources of
economic activity and job growth and an opportunity for the city of Grass Attic capitalized on that revenue stream.
There's many, many jobs that are needed in that realm. the third would like to touch on is zoning and this is a big
one because the zone regulations that i reviewed that are currently under consideration Don't seem to really support
the industry or provide for the best use of space currently. dispensary 's are limited to see three space heavy
commercial space which is more common with automotive shops roofing companies storage facilities etc and
there's a number of problems with that type of zoning besides the the fact that it's there in more remote areas it
allows for a greater Opportunity for. robbery and theft and things of that nature it puts the patrons of this and
doesn't doesn't put them out in a place that they are more visible to law enforcement and able to have crime
prevention through a good design good public exposure further or not having properties zoned in areas that are
more prevalent it limits the available space for these businesses to operate and in fact will cause cost per square foot
to go up substantially because there's less available space and it will also displace other types of businesses that
need to be in those spaces so it just seems to make sense to put dispensaries into an area that will support
economic growth alot of these dispensary 's people that visit visit these dispensaries will also go to a dry cleaner
coffee shop sandwich shop if they're nearby and they need those services so i would like that to be considered as
well the fourth area is set backs set backs in place now were proposed setbacks it seems to me that you know
setbacks are certainly needed in there we are clearly are there for a reason however Cannabis businesses. with the
exception of retail are not out in front of the public manufacturing processing etc are usually off the main strip and
dispensary's are more in the retail sector these setbacks for processors and others just creates more problems for
them to find space and be able to afford that space that is city allows for a different set back limitation then grass
valley is proposing i would encourage you to look at those setbacks and work to be in line with those and finally fifth
on my list here is the requirement on manufacturing businesses for their square footage limitation This. this really

limits potential manufacturer
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Taylor Day
From:

Unavailable

Sent:
To:

Tuesday, November 10,2020 5:30 PM

Subiect:

Attachments:

Public Comments
Voice Mail (1 minute and 52 seconds)
audio.mp3

hi my name is maggie phillips born i'm a citizen of nevada county and have been watching local and state cannabis
policy developments for many years now but we've all learned over these past few years is that the statewide
regulations for legal cannabis businesses are truly complex and unique to the canvas industry The City Council Dad
Hot Committee last met nearly four and a half years ago. ln June of 2016, prior to state legalization. Since then, a
significant amount of state legislation and industry regulations have been issued an revised. lt's important for the
City Councilto make decisions and adopt an ordinance based on present day industry standards and market driven
data versus conversations from over four years ago. Fears associated with prohibition and legalization have proven
to be unfounded and we can look to our neighbors in Nevada City as to what a successful emerging industry looks
like. That is completely unnoticeable to the general community. i care about the economic vitality of our community
and it seems were going to continue to experience increased economic stress due to covid cannabis is an essential
industry and has proven locally and statewide to stand out as a pillar of economic stability during economic
hardship i look forward to grass valley and bracing this industry and appreciate your time and consideration this
evening i would encourage the council to make decisions tonight that will help build a new industry and provide
Fresh opportunities for tax revenue. Please look at the reality of what a healthy, highly regulated industry looks like
and do not rely on stories of what the industry was feared to look like prior to legalization. Let's put our economic
future 1st. Thank you.
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Taylor Day
From:

FORREST HURD

Sent:
To:

Subject:

Tuesday, November 10,2020 5:13 PM
Public Comments
Voice Mail (3 minutes and 15 seconds)

Attachments:

audio.mp3

hello my name is FORREST HURD and i'm calling to leave Public Comments for tonight agenda item pertaining to
cannabis allowance in grass valley many people might have heard about my son stylist HURD during the measure w
work And ongoing work in Nevada County as pertains to the rights of children whose lives depend on access to
medical products that are based in cannabis. i'm calling tonight because i am just very concerned about Grass
Valley's decision to not allow for medical cannabis in their communities. And ljust want to hopefully reiterate that
children like my son Silas, who was in the papers and on the news whose life genuinely depends on access. Live in
our community here in Grass Valley and when we only allow adult use, essentially what we're doing is saying that all
access is available except for those whose lives may depend on it. Now, I know that when people are not really up
to. state with the science and the situation that pertains to children in cannabis they hear the word children and they
get nervous but the reality is children with these conditions you don't hear about adults because they don't live to
become adults Without treatment options when all other medical treatment options and we have neurologists
specialists who are giving parents guidance in these treatments in all they need is a place to have safe in legal access
i would encourage grass valley who Not make it a crime in their community for a parent to legally save their child's
life. Please consider adding medical. do your allowance is in your community Our community because. Without that
we are. doing all of the four profit activity and none of the moral and ethical activities that comes along with
bringing cannabis in our society please also consider expanding zoning for businesses reducing set back add a
processing license type and remove arbitrary requirements on manufacturing business is all of these things add up
to more access for those who need it most and no one wants to go home at night and say yeah we allowed all of the
parties but no option for the most desperate in vulnerable in our community thank you
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Taylor Day
From:

COLLIER JONATHA

Sent:
To:

Tuesday, November 10,2020 7:59 PM
Public Comments
Voice Mail (3 minutes and 20 seconds)

Subject:
Attachments:

audio.mp3

hello my name is jonathan collier and i live at one oh six nine six cedar song road i'm a former board member the
nevada county cannabis lines and the california grows association and the author of the craft kansas revolution first i
hope that this comment as well as all others are given that fold deal iwas somewhat appalled that during the
planning commission that the detail and death my comments as well as many others with her face in a single
sentence i hope the public process will be more fully respected tonight as someone who has had the privilege to sit
with various grass valley city council members and staff regarding what counts regulations would look like in the city
of grass valley i've always respected and appreciated the proship patience learning by the experience of others and
respecting the wishes of the constituency that the city is adopted it has now been over four years since many of
those conversations began Cannabis has gained overwhelming acceptance throughout our country and across the
road. There are still many difficulties in our state, especially those associated with the traditional market, that persists
primarily because the majority of jurisdictions, although having popular support, had failed to move fonruard with
adopting the appropriate regulations. l'm encouraged that Grass Valley is finally given the opportunity for legal
entrepreneurs and professionals and mechanics. industry to operate within the city limits however i am concerned
that this progress is in appearance only i say this because the canvas orders can be proved tonight that is so
restrictive but only in a handful of businesses can move forward if that i researched available properties that would
be available to kansas businesses given the current restrictions zoning and the set backs from residence in schools
there about thirty total units that can be used for cannabis permits within the city limits of these none are available
for rent and one is available for purchase so in reality we are writing in order to allow for one possible business to
operate lt is the city strategy to restrict the number and size of business to make it friendlier to local businesses. This
is exactly the opposite of what will happen with the current policy. since there are so few available space is it will
take extremely well financed large businesses that you're a promise whether that's the purchasing a property or
buying out leases from existing business is something we also do not want to see these rates that we think the
heavily restricted zoning and set back limitations that are being proposed send it to be allowed in C two zoning and
reduce or remove the set backs from residential zones we do not have to look far for successful models of regulated
cannabis industry i know there is a disinclination to look at nevada city as an example but at the end of the day they
serve much of the same community in savannah city 's adopted their owners in twenty eighteen that had been jail
complaints and many of the fiercest opponents are now spanish allies once they've witnessed the professionalism
and standards are these business owners if you create a broken system you are either not attract any partners or
worse the wrong type of partners Go to system that works and you'll be well rewarded. there are a lot of wonderful
operators waiting to be in their businesses Let's let them do it. Thank you so much.
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City of Grass Valley
City Council
Agenda Action Sheet
Council Meetine Date: Novernber 24,2020 Date Prepared: November 19,2020
Prepared bv: Timothy M. Kiser, City Manager

I!!!g: Local Emergency Proclamation (COVID- I 9)
Recommended Motion: Continuance of Novel Coronavirus (COVID-I9) proclamation
declaring a Local State of Emergency.

Asenda: Consent

Backsround Information: On March 5,2020 the City Manager, acting as the Director
of Emergency Services forthe City of Grass Valley and the Disaster Council (Vice Mayor
Aguilar and Councilmember Arbuckle), declared a local State of Emergency to ensure
emergency personnel can obtain equipment and resources in the most timely and effective
manner. In accordance with the Emergency Savices Act Section 8630 (b) the governing
body must ratifu the declared emergency within 7 days for it to rernain in effect. On March
10,2020, at the Grass Valley City Council Meeting, the City Council approved Resolution

2020-09, Proclamation of Local Emergency. The City Council shall review, at its
regularly scheduled meeting until the local emergency is terminated, the need for
continuing the local emergency.
On March 16'2020, the City Manager, acting as the Director of the Emergency Services
forthe City of Grass Valley and the Disaster Council (all five Council Members), declared
that all commercial places of public assernbly with a Fire Code occupancy limit of 25 or
more persons shall no longer operate for commercial purposes. Places of public assembly
include, but are not limited to, movie theaters, performing arts venues, and auditoriums.
This action does not include restaurants, and/or similar uses, and does not override the
First Amendment right of persons to congregate for non-commercial activities. To reduce
the spread of COVID-I9, the Disaster Council approved, at the Director of Emergency
Services' request, waiving the administrative charges for using credit cards to pay utility
bills for the next 60 days. For more information, see attached Grass Valley Disaster
Council Order 2020-01.

On April 14, 2020, the City Council authorized a local financial emergency and the
necessity to layoffmultiple city employees to mitigate the economic impacts of COVID19.

Council Goals/Obiectives: Continuance of the proclamation declaring a Local State of
Emergency due to prepare against coronavirus COVID-I9 executes portions of City
Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe
Place to Live, Work and Play.
GIWPDATA\ICOUNCIL MEETINGS ACENDASU020\| 1.24.2020\ActioD ShctsU. EEqgEcy Proclmdiotr for COVIDI9 (FiDal) tk (3).dm

Item #

Agenda

2-1

City of Grass Valley
City Gouncil
Agenda Action Sheet
Fiscal Imoact: The Fiscal Impact is anticipated at more than $940,000 loss in the Ge,neral
Fund and $550,000 loss in Meastre E Sale taxes fund over the rest ofthis Fiscal Year and
Fiscal Year 2020-21, but due to the constantly changing impacts of COVID-I9 the actual
fiscal impact may change.

@N/A

Account#:N/A

Reviewed bvtnt(. Citv Manaser

GIWPDATA\ICOLNCIL MEETINGS AGENDAsuo2ou 1.24.2020\Actid Shcd3u. ED6gacy ftoclmdim f6 Crovll}lg (FiDal) rL (3).dos Agenda

Item #

2-2

Gity of Grass Valley
City Counci!
Agenda Action Sheet

Council Meetine Date: November 24,2020

Date Prepared: November 19,2020

Prepared bv: Mark Buffron, Fire Chief

E!!g: Local Emergency Proclamation
Recommended Motion: Continuance of sinkhole proclamation declaring a Local State of
Emergency due to extreme weather.

A@: Consent
Backeround Information: On January ll,2017 the City Manager, acting as the Director of
Emergency Services for the City of Grass Valley, declared a local State of Emergency as a result
of damages caused by extrerne weather. In accordance with the Emergency Services Act Section
8630 (b) the governing body must ratiff the declared emergency within 7 days for it to remain in
effect. Resolution 2Ol7-02, Proclamation of Local Emergency, was ratified on January 17fr at a
special meeting of the Grass Valley City Council. The City Council shall review, at its regularly
scheduled meeting until the local anergency is terminated, the need for continuing the local
emergency.

Council Goals/Obiectives: Continuance of the proclamation declaring a Local State of
Emergency due to extreme weather executes portions of City Strategic Goal #6: Public Safety.
The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: The Majority (more than 75%) of the costs should be reimbursed by various
agencies.

Funds Available: N/A

Account#: N/A

Reviewed bv rfuM

"rrrManager

G:\WPDATA\ICOUNCIL MEETINGS AGENDAS\202O\I 1.24.2020\Action Sheets\3. Emergency Proclamation foTCOVID-19 (Final) tk

(2).docx Agenda Item #

3-1

City of Grass Valley
City Council
Agenda Action Sheet
Council Meeting Date: November 24,2020

Date Prenared: November 18,2020

Preoared bv: Thomas Last, Community Development Director 4

Ii!!g: Second reading of Ordinance 806 to amend the Grass Valley Municipal Code and the Development
Code to allow certain cannabis uses in the Heavy Commercial (C-3) and Light Industrial (M-l) zoning

districts.
Recommended Motion: That Council conduct the second reading, by title only, and adopt Ordinance 806
that allows cannabis businesses to operate in the City of Grass Valley.

1!g1[g: Consent
Backsround Information: At the meeting of November 10,2020, the City Council held a public hearing
and introduced the attached ordinance. The ordinance repeals and replaces Chapter 5.60 of the GVMC,
repeals Section 17.20.035 and amends Table 2-10 of Section 17.24.030 of the Development Code. These
actions will allow certain cannabis businesses to operate in the City limits. Council approved two changes
to the ordinance: 1) to allow manufacturing businesses greater than 4,000 sq. ft. with a use permit; and 2)
clarified that processing would be allowed under the manufacturing category, though it is a separate type
of state license. Those changes are included in the attached ordinance.

Council GoalVObiectives: The item executes portions of work tasks towards achieving/maintaining
Strategic Plan - Economic Development.

Fiscal Imnact: The processing of this application will be funded by the General Fund.
Funds Available: General Fund

Account #: 100-5105

Reviewed bv:

fo\-ciw Manager

Finance Director

Attachments:

l. Ordinance 805

G;\WPDATA\!COUNCIL MEETINGS AGENDAS\2020\l1.24.2020\AAS CDD Cannabis 2nd reading.docx

Agenda Item #

4-1

ORDINANCE NO. 806
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRASS VALLEY REPEALING AND REPLACING CHAPTER 5.60,
REPEALING SECTION 17.20.035 OF CHAPTER 17.20, AND
AMENDING TABLE 2-10 OF SECTION 17.24.030 OF CHAPTER
17.24 OF THE MUNICIPAL CODE REGULATING COMMERCIAL
CANNABIS ACTIVITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY:
SECTION 1. CODE AMENDMENT. Chapter 5.60 of Title 5 of the Grass Valley Municipal
Code is repealed in its entirety and a new Chapter 5.60 is adopted to read as follows:
5.60.010 - Definitions.
“Adult-use cannabis” means cannabis or cannabis products intended to be sold for use
by adults 21 years of age or older who do not possess physician’s recommendation for
the use of cannabis issued in accordance with the Compassionate Use Act of 1996
(California Health and Safety Code, § 11362.5).
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or
hereafter be discovered or developed that has psychoactive or medicinal properties,
whether growing or not, including the seeds of such plants. “Cannabis” also has the
definition provided by Business and Professions Code section 26001, subdivision (f),
Health and Safety Code section 11018, and by other state law.
“Cannabis accessory” means any device intended to aid in the use of cannabis or cannabis
products which does not itself consist in all or part of cannabis or cannabis products and
includes, without limitation, “cannabis accessories” as defined in Health and Safety Code
section 11018.2 and by other state law.
“Cannabis business” means any business and its premises for which adult-use,
commercial cannabis activity is allowed pursuant to State law and a permit issued under
this chapter.

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“Cannabis product” means any product containing cannabis or its derivatives, including,
but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and
products described in Section 11018.1 of the Health and Safety Code.
“Commercial cannabis activity” means any or all of cultivation, possession, manufacture,
distribution, processing, storing, testing, packaging, labeling, transportation, delivery, or
sale of cannabis and cannabis products for any form of consideration and excluding
uncompensated personal use.
“Cultivation” means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
“Delivery” means the transfer for any form of compensation of cannabis or cannabis
products to a customer or caregiver at a location that is not a dispensary.
“Director” means the director of community development or his or her designee or any
other person authorized by the city manager to administer this chapter.
“Dispensary” means a place at which cannabis or cannabis products are offered, either
individually or in any combination, for retail sale, including, without limitation, a
dispensary that engages in delivery. A business which retails cannabis accessories, but
not cannabis or cannabis products is not a dispensary.
“Distribution” means the procurement, sale, and transport of cannabis and cannabis
products between licensees. “Distributor’’ means a person engaged in “distribution.”
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
“Manufacturer” means a person that conducts the production, preparation, propagation,
or compounding of cannabis or cannabis products either directly or indirectly or by
extraction methods, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis at a fixed location that packages or
repackages cannabis or cannabis products or labels or relabels its container.

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“Nursery” means a business that or person who produces only clones, immature plants,
seeds, and other agricultural products used specifically for the propagation and
cultivation of cannabis.
“Person” means any individual, firm, partnership, corporation, company, association,
joint stock association; city, county, state, or district; and includes any trustee, receiver,
assignee, or other similar representative thereof.
“Premises” means the designated structure or structures and land specified in an
application for a permit under this chapter that is owned, leased, or otherwise under the
control of an applicant or permit holder on which commercial cannabis activity will be
or is conducted. Premises shall be a contiguous area and shall only be occupied by one
permit holder.
“Testing laboratory” means a laboratory, facility, entity that or person who offers to or
does test cannabis or cannabis products and that is both of the following:
A. Accredited by an accrediting body that is independent from all other persons
involved in commercial cannabis activity in the state.
B. Licensed by the Bureau of Cannabis Control within the State Department of
Consumer Affairs.
5.60.020 - Smoking or consumption of cannabis prohibited in public places.
No person may smoke or ingest cannabis or cannabis products in any public place or in
any location where tobacco smoking is prohibited.
5.60.030 - Prohibited cannabis activities.
Except as specifically allowed by this chapter, all commercial cannabis activity is
prohibited in the city, regardless of any licenses issued under State law.
5.60.040 - Cannabis cultivation.
A. Any person 21 years of age or older may cultivate cannabis indoors for personal
use, in accordance with State law, inside a private residence or an accessory
structure on the grounds of a private residence.
B. No person may cultivate cannabis outdoors in the city. No conditional use permit,
building permit, variance, or any other permit or entitlement, whether ministerial
or discretionary, shall be approved or issued for any such use or activity.

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5.60.050 - Cannabis business regulations.
Each cannabis business shall comply with the following requirements, in addition to any
other requirements placed on cannabis businesses by this chapter:
A. Cannabis businesses shall have a site security plan approved by the director.
B. Other than those of a dispensary, cannabis business premises shall not be open to
the public and no persons shall be allowed on such premises except for managers,
staff, and other persons with a bona fide business or regulatory purpose for being
there, such as contractors, inspectors, and State-licensed cannabis distributors.
C. Each cannabis business shall display a valid local permit issued under this chapter
in a conspicuous place readily visible by all persons entering the premises during
regular business hours.
D. No person shall conduct any retail sales of any good or services on or from the
premises of a cannabis business, except for a dispensary operating under section
5.60.070 of this chapter and holding a Type 10 – Retailer license from the State.
E. No person under 21 years of age shall be on the premises of a cannabis business or
operate a cannabis business in any capacity, including, but not limited to, as an
owner, manager, staff, employee, contractor, or volunteer.
F. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or
within 50 feet of, the premises of a cannabis business and no person shall possess,
consume, or store any alcoholic beverage on the premises of a cannabis business.
G. Cannabis or cannabis products on the premises of a cannabis business shall not be
visible from a public right-of-way, unsecured areas surrounding the premises, or
the cannabis business’s main entrance and lobby.
H. No permit shall be issued under this chapter for commercial cannabis activity
proposed within 500 feet of any residential use or within 600 feet of any school
providing instruction in kindergarten or grades 1 through 12, if that use existed
when an original application for a permit under this chapter is submitted. For the
purposes of this subsection, distance is measured in a straight line from the closest
property line of the residential or school use to the closest property line of the
premises where the cannabis business is located.
5.60.060 – Regulations of director.
The director may establish any regulations necessary or convenient to administer this
chapter and give notice of them either in the manner required for ordinances of the city
council or by maintaining them on the City’s website. Cannabis businesses shall comply
with all such regulations, all other applicable local laws, and all applicable State laws and
regulations.

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The director shall issue applications and processing guidelines for each type of permit
authorized by this chapter. No permit shall be issued before the release of guidelines for
that type of permit, and no permit shall be granted absent full compliance with the
application and processing requirements established by the director.
5.60.070 - Delivery and dispensaries.
A. A person may operate a cannabis dispensary or a delivery-only service only if he
or she obtains a valid dispensary or delivery-only permit from the city and holds
a valid Type 9 – Non-Storefront Retailer or Type 10 – Storefront Retailer license
from the State, as applicable.
B. To the extent such a prohibition is permitted under State law, no person shall
engage in delivery of cannabis or cannabis products within the City absent a Cityissued permit, regardless of any other license or authorization a person may have
to engage in any commercial cannabis activity outside the City.
C. Permitted dispensaries and delivery-only services shall sell cannabis and cannabis
accessories only to persons 21 years of age or older, and who have a valid
government-issued identification card proving their age.
D. No more than the following number of local permits for cannabis dispensaries and
cannabis delivery-only services shall be effective at any time:
1. One permit per 7,500 residents of the city, and no more than two permits
total, for dispensaries open to the public for retail sales; and
2. One permit per 6,500 residents of the city, and no more than three permits
total, for delivery-only services.
5.60.080 - Cannabis testing laboratories.
A. A person may operate a cannabis testing laboratory only if he or she obtains a valid
local cannabis testing laboratory permit from the city and holds a valid Type 8 –
Testing Laboratory permit from the State.
B. Local cannabis testing laboratory permit holders shall comply with these
restrictions:
1. Cannabis testing laboratories shall test cannabis only in a fully enclosed
building with ventilation as deemed necessary by the city building official.
2. Cannabis testing laboratories shall have no signage indicating the nature of
their operations, except as required by applicable law.
3. As required by State law, including without limitation Business and
Professions Code Section 26053, subdivision (b), owners and operators of a
cannabis testing laboratory are prohibited from owning or operating any

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other cannabis business or entity, except another cannabis testing
laboratory, and are prohibited from holding any other State or local
cannabis license or permit, except for another cannabis testing laboratory
license or permit.
C. No more than two local cannabis testing laboratory permits shall be effective at
any time.
5.60.090 - Cannabis manufacturing or processor.
A. A person may operate a cannabis manufacturing business or cannabis processor
business if he or she obtains a valid local cannabis manufacturing or cannabis
processor permit from the city and holds a valid Type 6 – Manufacturer or
Cultivation – Processor license from the State. A cannabis manufacturing business
may only operate as a manufacturing and distribution or as a manufacturing-only
facility; its permit holders may not hold a local cannabis dispensary or deliveryonly permit issued by the city. A cannabis processor business may only operate as
a processor and distribution or as a processor-only facility; its permit holders may
not hold a local cannabis dispensary or delivery-only permit issued by the city.
B. Cannabis manufacturing and cannabis processor permit holders shall comply with
these restrictions:
1. Cannabis manufacturing and cannabis processor businesses shall only
manufacture or process cannabis in a fully enclosed building with
ventilation as deemed necessary by the city building official.
2. Cannabis manufacturing and cannabis processor businesses shall have no
signage indicating the nature of their operations, except as required by
applicable law.
3. Each cannabis manufacturing and cannabis processor business shall be
limited to a maximum of 4,000 square feet of area, unless granted a use
permit consistent with Table 2-10 of Section 17.24.030 of the Grass Valley
Municipal Code.
C. No more than 10 total local cannabis manufacturing and cannabis processor
permits shall be effective at any time.
5.60.100 - Cannabis nurseries.
A. A person may operate a cannabis nursery only if he or she obtains a valid local
cannabis nursery permit from the city and holds a valid Type 4 – Cultivation;
Nursery license from the State.

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B. Local cannabis nursery permit holders shall be subject to these restrictions:
1. All outdoor cannabis nursery activities shall occur within a secure fence at
least six feet in height that fully encloses the nursery and cultivation areas.
Any gate through the fence must be locked except during active ingress or
egress.
2. Cannabis nurseries shall be sited and operated so as to prevent cannabis
odors from being detected beyond the property line of the cannabis
business. All structures used for indoor cannabis nursery cultivation shall
be equipped and maintained with sufficient ventilation controls to
eliminate nuisance odor emissions from being detected beyond the
property line of the cannabis business.
C. No more than two local cannabis nursery permits shall be effective at any time.
5.60.110 - Cannabis distribution.
A. A person may operate a cannabis distribution business only if he or she obtains a
valid local cannabis distribution permit from the city and holds a valid Type 11 –
Distributor license from the State.
B. No more than five local cannabis distribution permits shall be effective at any time.
5.60.120 - Permit fees.
The city council shall establish by resolution from time to time a schedule of fees for
cannabis permit applications, amendments, inspections, renewals and other regulatory
services under this chapter. No fee shall be prorated, or refunded upon denial,
suspension, or revocation of a permit. Failure to pay applicable fees is grounds for denial
or revocation of a permit.
5.60.130 - Limitations on city liability.
The city shall not be liable for issuing, or failing to issue, suspending, revoking or failing
to renew, any permit under this chapter or otherwise approving or disapproving the
operation of any cannabis business under this chapter.
5.60.140 - Assignment prohibited.
A. No person shall operate a cannabis business at any place in the city other than that
identified by a permit issued under this chapter.
B. No person shall transfer ownership or control of a permit issued under this
chapter, and/or a cannabis business, unless he or she obtains the consent of the
director and the proposed transferee submits all required application materials,

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pays all applicable fees, and satisfies the requirements of this chapter for issuance
of a permit.
C. Any attempt to transfer or any transfer of a permit issued under this chapter in
violation of this section is void and the permit shall be deemed forfeited and no
longer of any force or effect.
5.60.150 - Violations.
A. Any person who violates any provision of this chapter is guilty of a misdemeanor
punishable under chapter 1.12 of this code. Such violations may also be remedied
in any manner permitted by law or in equity including without limitation,
pursuant to chapters 1.13, 1.14, and 1.15 of this code. In addition, any condition
caused or permitted to exist in violation of any provision of this chapter is a public
nuisance subject to abatement as provided in this code and under State law.
B. Notwithstanding subdivision A, no conduct protected from criminal liability
under State law shall be made criminal by this code. Such conduct is hereby
declared to be a public nuisance, and shall be subject to non-criminal remedies,
including, but not limited to, those specified in chapters .13, 1.14, and 1.15 of this
code.
SECTION 2. CODE AMENDMENT. Section 17.20.035 of Chapter 17.20 of Title 17 of the
Grass Valley Municipal Code is hereby repealed in its entirety.
SECTION 3. CODE AMENDMENT. Table 2-10 of Section 17.24.030 of Chapter 17.24 of
Title 17 of the Grass Valley Municipal Code is hereby amended to include Cannabis
Business as a Permitted Use (P) and Cannabis Business – Manufacturing or Processor
Over 4,000 Square Feet as Use Permit required (UP) in the C-3 and M-1 Zones, with
Chapter 5.60 cited as the Specific Use Regulations for each.
SECTION 4. CEQA FINDINGS. This Ordinance is not a project within the meaning of
Section 15378 of the CEQA (California Environmental Quality Act) Guidelines by virtue
of Business & Professions Code section 26055, subdivision (h). Discretionary decisions
pursuant to chapter 5.60 or title 17 of the Grass Valley Municipal Code as amended by
this Ordinance shall include any applicable environmental review pursuant to CEQA.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance or its application

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to other persons and circumstances. The City Council of the City of Grass Valley declares
that it would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase or portion thereof despite the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to
that end, the provisions hereof are hereby declared to be severable.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect 30 days after
its adoption under Article VII, § 2 of the Grass Valley City Charter.
SECTION 7. Publication. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published once in The Union, a newspaper of
general circulation printed, published, and circulated within the City.
INTRODUCED and first read at a regular meeting of the City Council on the 10th
day of November 2020.
FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on
the 24th day of November 2020, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAINING:

________________________________
Lisa Swarthout, Mayor

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APPROVED AS TO FORM:

ATTEST:

________________________________

________________________________

Michael G. Colantuono, City Attorney

Andy Heath, Acting City Clerk

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Gity of Grass Valley
City Counci!
Agenda Action Sheet

Council Meetine Date: November 24,2020

Date Prepared: Novernber I 9,2020

Prepared bv: Tim Kiser, City Manager

E!g: Approve Resolution No. 2020-56 Approving a First Supplernental Fiscal Agent
Agreement, and Authoizing Related Actions

Recommended Motion: That Council approve Resolution No. 2020-56 Approving a First
Supplernental Fiscal Agent Agreernent, and Authoizing Related Actions

1!p4g!g: Consent
Backsround Information :
On August 7 ,2O0l,the City issued $4,052,000 Limited Obligation Refunding Bonds, City of Grass
Valley, Whispering Pines/Morgan Ranch Reassessment District 2001A. Proceeds of the sale of
the Bonds were used to refund bonds issued by the City in 1995 in respect of the City's Whispering
Pines/Ivlorgan Ranch Reassessment District. The reassessments payable by the owners of property
in the Reassessment District were the source of revenue to repay the Bonds. Proceeds of Authority
Bonds issued by the Grass Valley Capital lmprovements Authority were used to purchase the
Bonds, and the debt service payments on the Bonds were the primary source of the revenues used
to make payments due on the Authority Bonds.
Due to delinquencies in the payment ofreassessments, the revenues to repay the Bonds were, since

September of 2014, less than the scheduled debt service on the Bonds, which resulted in
deficiencies in the revenues available to pay the scheduled debt service on the Authority Bonds.
The Bonds matured on September 2,2020 and on that date available funds were used to pay a
portion of the debt service then due on the Bonds, but there were insufficient funds available to
pay the full amount of the principal and interest then due on the Bonds. The shortfall in payment
of the debt sen ice on the Bonds resulted in a shortfall in revenues to pay the Authority Bonds, so
that the Authority defaulted in the payment of the debt seryice due on the Authority Bonds.
The Fiscal Agent Agreement pursuant to which the Bonds were issued provides that, in the event
of a delinquency on the Bonds, such delinquency shall be paid from the first available moneys in
the Redemption Fund established underthe Fiscal Agent Agreernent arising from the collection of
delinquent reassessments. There currently are two delinquent reassessments, but collection of the
delinquent reassessments by the City is uncertain at this time and may or may not occur.

In order to reduce any ongoing costs of administration of the Bonds and the Fiscal Agent
Agreernent and thereby maximize funds that may in the future become available from the
collection of delinquent reassessments to pay a portion of the remaining past due debt service on
the Bonds (and thereby have funds to pay a portion of the past due debt serwice on the Authority
Agenda Item #
07006.01 :J 17210

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City of Grass Valley
City Council
Agenda Action Sheet
Bonds), City Staffhave recommended that the City enter into a First Supplemental Fiscal Agent
Agreernent in order to allow for the Administrative Services Director of the City to become the
successor to the Fiscal Agent, and to act as Fiscal Agent, under the Fiscal Agent Agreanent. The
Resolution approves the First Supplemental Fiscal Agent Agreanent and directs that the
Administrative Services Director serve as a successor Fiscal Agent for the Bonds and as a
successor Trustee for the Authority Bonds.

Council Goals/Obiectives: Minimize costs of administration of Bonds and Authority Bonds and
maximize payme,nts for the Bondowners.
Fiscal Impact: There is no fiscal impact in directing that the Administrative Services Director
serve as successor Fiscal Agent and as successor Trustee.
Funds Available: There are funds held under the Indenture for the Authority Bonds that are
available to pay costs of administration of the Fiscal Agent Agreernent and the Bonds, as well as
of the Indenture and the Authority Bonds.

Account #: N/A
Reviewed bv

t(

ci,, Manager

Finance

Attachments:

1. Resolution No. 2020-56
2. First Supplemental Fiscal Agent Agreement

Agenda Item #
07006.01:J 17210

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RESOLUTION NO. 2020 - 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY
APPROVING A FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT, AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the City of Grass Valley (the “City”) has issued, pursuant to a Fiscal Agent
Agreement, dated as of August 1, 2001 (the “Fiscal Agent Agreement”), between the City and
MUFG Union Bank, N.A., successor to Union Bank of California, N.A., as fiscal agent (the “Fiscal
Agent”), its Limited Obligation Refunding Bonds, City of Grass Valley, Whispering Pines/Morgan
Ranch Reassessment District 2001A in the initial aggregate principal amount of $4,052,000 (the
“Bonds”); and
WHEREAS, proceeds of the sale of the Bonds were used to refund bonds issued by the City
in 1995 in respect of the City’s Whispering Pines/Morgan Ranch Reassessment District (the
“Reassessment District”); and
WHEREAS, the reassessments payable by the owners of property in the Reassessment
District were the source of revenue to repay the Bonds; and
WHEREAS, proceeds of bonds (the “Authority Bonds”) issued by the Grass Valley Capital
Improvements Authority (the “Authority”) were used to purchase the Bonds, and the debt service
payments on the Bonds were the primary source of the revenues used to make payments due on
the Authority Bonds; and
WHEREAS, due to delinquencies in the payment of reassessments, the revenues to repay
the Bonds were, since September of 2014, less than the scheduled debt service on the Bonds,
which resulted in deficiencies in the revenues available to pay the scheduled debt service on the
Authority Bonds; and
WHEREAS, the Bonds matured on September 2, 2020 and on that date the Fiscal Agent
used available funds held by it under the Fiscal Agent Agreement to pay a portion of the debt
service then due on the Bonds, but there were insufficient funds available to pay the full amount
of the principal and interest then due on the Bonds; and
WHEREAS, the shortfall in payment of the debt service on the Bonds resulted in a shortfall
in revenues to pay the Authority Bonds, so that the Authority defaulted in the payment of the
debt service due on the Authority Bonds; and
WHEREAS, the Fiscal Agent Agreement provides that, in the event of a delinquency on the
Bonds, such delinquency shall be paid from the first available moneys in the Redemption Fund

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established under the Fiscal Agent Agreement arising from the collection of delinquent
reassessments; and
WHEREAS, there currently are two delinquent reassessments, but collection of the
delinquent reassessments by the City is uncertain at this time and may or may not occur; and
WHEREAS, the Fiscal Agent Agreement allows for amendments to the Fiscal Agent
Agreement, without the consent of any owners of the Bonds, to make modifications not adversely
affecting any outstanding Bonds in any material respect; and
WHEREAS, in order to reduce any ongoing costs of administration of the Bonds and the
Fiscal Agent Agreement and thereby maximize funds that may in the future become available
from the collection of delinquent reassessments to pay a portion of the remaining past due debt
service on the Bonds (and thereby have funds to pay a portion of the past due debt service on
the Authority Bonds), the City has requested that the Fiscal Agent enter into a First Supplemental
Fiscal Agent Agreement (the “First Supplement”) in order to allow for the Administrative Services
Director of the City to become the successor to the Fiscal Agent, and to act as Fiscal Agent, under
the Fiscal Agent Agreement; and
WHEREAS, the Board of Directors of the Authority is taking action to amend the Indenture
of Trust pursuant to which the Authority Bonds were issued (the “Indenture”) to allow for the
Administrative Services Director of the City to serve as a successor to the trustee under the
Indenture (the “Trustee”) pursuant to a First Supplemental Indenture (the “Indenture
Supplement”), to reduce the ongoing costs of administration of the Authority Bonds and the
Indenture, and thereby maximize funds from any future payments of debt service on the Bonds
for payment of the past due debt service on the Authority Bonds; and
WHEREAS, Bond Counsel has rendered an opinion to the effect that the amendment to
the Fiscal Agent Agreement set forth in the First Supplement will not adversely affect the interests
of the owners of the Bonds in any material respect; and
WHEREAS, the City Council now desires to approve the execution and delivery of the First
Supplement as in the best interests of the City, the Authority and the owners of the Authority
Bonds and to approve actions in connection therewith.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of
the City of Grass Valley as follows:
1. The First Supplement, in the form on file with the City Clerk, is hereby approved. The
Mayor is hereby authorized and directed to execute and deliver the First Supplement, for and on
behalf of the City, in said form together with such additions thereto or changes therein as are
approved by the Mayor upon consultation with the City Attorney and Bond Counsel to the
Authority, the approval of such additions or changes to be conclusively evidenced by the
execution and delivery of the First Supplement by the Mayor.

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2. The Administrative Services Director is hereby authorized and directed to serve as the
successor Fiscal Agent under the Fiscal Agent Agreement and as the successor Trustee under the
Indenture, as provided for in the First Supplement and the Indenture Supplement, respectively,
and to take all actions necessary to carry out the duties of the Fiscal Agent and the Trustee,
including but not limited to the engagement of attorneys and consultants as he deems necessary
to discharge those duties. It is expected that the fees and expenses of any such attorneys or
consultants will be paid from funds held by the Trustee under the Indenture, as allowed for under
the default administration provisions of the Indenture.
3. All actions heretofore taken by the officers and agents of the City with respect to the
administration of the Fiscal Agent Agreement and the Bonds are hereby approved, confirmed and
ratified, and the proper officers of the City are hereby authorized and directed to do any and all
things and take any and all actions and execute any and all certificates, agreements and other
documents which they, or any of them, may deem necessary or advisable in order to implement
the provisions of the Fiscal Agent Agreement, as amended by the First Supplement.
4. This Resolution shall take effect from and after the date of its passage and adoption.

* * * * * * * *
ADOPTED as a Resolution of the City Council of the City of Grass Valley at a meeting
thereof held on the 24th day of November, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
Lisa Swarthout, Mayor

ATTEST:

APPROVED AS TO FORM:

Andy Heath, Acting City Clerk

Michael G. Colantuono,
City Attorney

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Grass Valley Capital lmprovements Authority
Board of Directors
Agenda Action Sheet

Council Meetine Date: November 24,2020

Date Prepared: November 19,2020

Prepared bv: Tim Kiser, Executive Director

Title: Approve Resolution No. 2020-57 Approving a First Supplanental Indenture, Designating
Officers and Authorizing Related Actions
Recommended Motion: That the Board of Directors approve Resolution No. 2020-57 Approving
a First Supplemental Indenture, Designating Officers and Authorizing Related Actions.

Agg!!: Consent
Backsround Information:
On August 7,2001, the Grass Valley Capital Improvements Authority issued 2001 Revenue
Bonds, Series A (Whispering Pines/Tvlorgan Ranch Reassessment District 2001A) in the principal
amount of $5,085,000 and 2001 Revenue Bonds, Series B (Whispering Pines/IVlorgan Ranch
Reassessment District 20018) in the principal amount of $319,000. Proceeds of the sale of the
Series A Bonds and the Series B Bonds were used to acquire two series of limited obligation
refunding bonds issued by the City, proceeds of which City Bonds were used, in turn, to refund
bonds issued by the City in 1995 in respect of the City's Whispering Pines/IVlorgan Ranch
Reassessment District. The reassessments payable by the owners of property in the Reassessment
District were the source of revenue to repay the City Bonds, and the debt service payments on the
City Bonds were the primary source of revenues to repay the Authority Bonds.
The City purchased the Series B Bonds, and in Decernber of 2002 the City accepted sales proceeds
from parcels with delinquent reassessments in full satisfaction of amounts owed on the Series B
Bonds, and the Series B Bonds were deemed to have been paid in full.
Due to delinquencies in the payment of reassessments and reinvestment rates for funds held by the
Trustee under the Indenture pursuant to which the Series A Bonds were issued that were less than

projected when the Series A Bonds were issued, the revenues to repay the City Bonds that
remained outstanding, and the revenues to repay the Series A Bonds, were less than the scheduled
debt service on the Series A Bonds and draws have been made on the reserve fund established for
the Series A Bonds since September of 2014 to make payments due on the Series A Bonds as a
result of the shortfalls in projected revenues. Also, it was anticipated that amounts in the reserve
fund for the Series A Bonds would be used to pay a portion of the debt service due during the final
bond year for the Series A Bonds not otherwise payable from revenues that would have come from
payments of delinquent reassessments, but as a consequence of repeated draws on the reserve fund
the funds available to make such debt service payments were insufficient for that purpose.

Agenda Item #
07006.01:J 17209

6-1

Grass Valley Gapital lmprovements Authority
Board of Directors
Agenda Action Sheet

The Series A Bonds matured on September2,2020 andonthatdatetheTrusteeunderthe Indenture
used available funds held to pay the interest due on the Series A Bonds, but there were insufficient
funds available to pay the principal then due on the Series A Bonds, resulting in the occurrence of
an event of default under the Indenture. The provisions of the Indenture that govern the application
of funds held under the Indenture upon the occurrence of an event of default, state that all amounts

received by the Trustee pursuant to any right given or action taken by the Trustee under the
provisions of the Indenture shall be applied by the Trustee first, to the payment of the costs and
expenses of the Trustee in declaring the event of default and in carrying out the administration of
the default provisions of the lndenture, and then to make debt service payments due and unpaid on
the Series A Bonds.

In order to reduce any ongoing costs of administration of the Series A Bonds and the Indenture
and thereby maximize any funds that may in the future become available from the possible
collection of still delinquent reassessments to pay a portion of the remaining past due principal on
the Series A Bonds, City Staffhave recommended that the Authority and the Trustee enter into a
First Supplernental Indenture (the "First Supplernent"). The First Supplement allows for the
designation of the Administrative Services Director of the City to be a successor to the Trustee
under the Indenture and, as a result of such designation the Authority will no longer be obligated
to pay otherwise ongoing fees and expenses of the entity serving as Trustee under the Indenture.
The Resolution approves the First Supplernent and authorizes the use of funds held under the
Indenture to pay the costs of administration of the Indenture and the Series A Bonds.
The Resolution also designates officers of the Authority pursuant to the Joint Exercise of Powers
Agreernent that established the Authority, and approves an Agreement for Legal Services with the
law firm of Quint & Thimmig LLP, the original bond counsel for the Series A Bonds and the City
Bonds, to assist with legal work in connection with the administration of the Indenture and the
Series A Bonds.

Council Goals/Obiectives: Minimize cost of administration ofthe Series A Bonds and maximize
possible future payments for Series A Bondowners.

EsLIlqpac!:

There is no immediate fiscal impact to the Authority.

Funds Available: The Supplemental Indenture provides for available funds to be set aside as a
reserve for expenses in administering the Indenture and the Series A Bonds.

Agenda Item #
07006.01:J I 7209

6-2

Graca \Ialley Gapita! lmprovements Authorlty
Board of Dlrectort
Agonda Actlon Sheet
Amunt#: N/A
Rgvlewed bv:

{u[ city ]r{osaeer

Firanco

Atteslucntr:

l. RssolutionNo. 2@0-57

2. First Sryplemental tndentue ofTrust

Agcnde lt€m#
mm6.fl:nZI0e

6-3

RESOLUTION NO. 2020 - 57
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE GRASS VALLEY CAPITAL
IMPROVEMENTS AUTHORITY APPROVING A FIRST SUPPLEMENTAL INDENTURE,
DESIGNATING OFFICERS AND AUTHORIZING RELATED ACTIONS
WHEREAS, the Grass Valley Capital Improvements Authority (the “Authority”) has issued,
pursuant to an Indenture of Trust, dated as of August 1, 2001 (the “Indenture”), between the
Authority and MUFG Union Bank, N.A., successor to Union Bank of California, N.A., as trustee (the
“Trustee”), its Grass Valley Capital Improvements Authority 2001 Revenue Bonds, Series A
(Whispering Pines/Morgan Ranch Reassessment District 2001A) in the initial aggregate principal
amount of $5,085,000 (the “Series A Bonds”) and its Grass Valley Capital Improvements Authority
2001 Revenue Bonds, Series B (Whispering Pines/Morgan Ranch Reassessment District 2001B) in
the initial aggregate principal amount of $319,000 (the “Series B Bonds”); and
WHEREAS, proceeds of the sale of the Series A Bonds and the Series B Bonds (collectively,
the “Authority Bonds”) were used to acquire two series of limited obligation refunding bonds
issued by the City of Grass Valley (the “City”) (collectively, the “2001 City Bonds”), proceeds of
which were used, in turn, to refund bonds issued by the City in 1995 in respect of the City’s
Whispering Pines/Morgan Ranch Reassessment District (the “Reassessment District”); and
WHEREAS, the reassessments payable by the owners of property in the Reassessment
District were the source of revenue to repay the 2001 City Bonds, and the debt service payments
on the 2001 City Bonds were the primary source of revenues to repay the Authority Bonds; and
WHEREAS, the City purchased the Series B Bonds, and in December of 2002 the City
accepted sales proceeds from parcels with delinquent reassessments in full satisfaction of
amounts owed on the Series B Bonds, and the Series B Bonds were deemed to have been paid in
full; and
WHEREAS, due to delinquencies in the payment of reassessments and reinvestment rates
for funds held by the Trustee under the Indenture that were less than projected when the Authority
Bonds were issued, the revenues to repay the 2001 City Bonds that remained outstanding, and
the revenues to repay the Series A Bonds, were less than the scheduled debt service on the
Authority Bonds and draws have been made on the reserve fund established for the Series A
Bonds since September of 2014 to make payments due on the Series A Bonds as a result of the
shortfalls in projected revenues; and
WHEREAS, it was anticipated that amounts in the reserve fund for the Series A Bonds would
be used to pay a portion of the debt service due during the final bond year for the Series A Bonds
not otherwise payable from revenues that would have come from payments of delinquent

6-4

reassessments, but as a consequence of repeated draws on the reserve fund the funds available
to make such debt service payments were insufficient for that purpose; and
WHEREAS, the Series A Bonds matured on September 2, 2020 and on that date the Trustee
used available funds held under the Indenture to pay the interest due on the Series A Bonds, but
there were insufficient funds available to pay the principal then due on the Series A Bonds,
resulting in the occurrence of an event of default under the Indenture; and
WHEREAS, the provisions of the Indenture that govern the application of funds held under
the Indenture upon the occurrence of an event of default, state that all amounts received by the
Trustee pursuant to any right given or action taken by the Trustee under the provisions of the
Indenture shall be applied by the Trustee first, to the payment of the costs and expenses of the
Trustee in declaring the event of default and in carrying out the administration of the default
provisions of the Indenture, and then to make debt service payments due and unpaid on the
Series A Bonds; and
WHEREAS, the Indenture allows for amendments to the Indenture, without the consent of
any owners of the Series A Bonds, in any respect that the Authority deems necessary or desirable,
provided that under any circumstances such amendments do not materially adversely affect the
interests of the owners of the Series A Bonds; and
WHEREAS, in order to reduce any ongoing costs of administration of the Series A Bonds
and the Indenture and thereby maximize any funds that may in the future become available from
the possible collection of still delinquent reassessments to pay a portion of the remaining past
due principal on the Series A Bonds, City Staff have recommended that the Authority and the
Trustee enter into a First Supplemental Indenture (the “First Supplement”) in order to allow for
the Administrative Services Director of the City to become a successor to the Trustee under the
Indenture and the Authority will thereafter no longer be obligated to pay otherwise ongoing fees
and expenses of MUFG Union Bank, N.A. for serving as Trustee under the Indenture; and
WHEREAS, Bond Counsel to the Authority has rendered an opinion to the effect that the
amendment to the Indenture set forth in the First Supplement will not materially adversely affect
the interests of the owners of the Series A Bonds; and
WHEREAS, Article III of the Joint Exercise of Powers Agreement that established the
Authority provides for the Board of Directors of the Authority to elect a Chairman for the Authority,
to designate other officers for the Authority and to appoint the legal advisor to the Authority; and
WHEREAS, the Board of Directors desires to approve an agreement for legal services with
bond counsel to assist in the administration of the Indenture and the Series A Bonds; and
WHEREAS, the Board of Directors of the Authority now desires to approve the execution
and delivery of the First Supplement as in the best interests of the Authority and the owners of
the Series A Bonds, to elect Chairman and designate other officers of the Authority, to approve a
-2-

6-5

legal services agreement with bond counsel and to approve actions in connection with the
foregoing.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of
Directors of the Grass Valley Capital Improvements Authority as follows:
1. The First Supplement, in the form on file with the Secretary, is hereby approved. The
Chairman is hereby authorized and directed to execute and deliver the First Supplement, for and
on behalf of the Authority, in said form together with such additions thereto or changes therein
as are approved by the Chairman upon consultation with legal counsel to the Authority and Bond
Counsel, the approval of such additions or changes to be conclusively evidenced by the execution
and delivery of the First Supplement by the Chairman.
2. Pursuant to Article III of the Joint Exercise of Powers Agreement that established the
Authority, the person serving as Mayor of the City is hereby elected to be Chairman of the
Authority, the person serving as City Manager of the City is hereby designated as Executive
Director of the Authority, and the person serving as City Clerk or acting City Clerk of the City Is
hereby designated as Secretary of the Authority. It is hereby acknowledged that the law firm of
Colantuono, Highsmith & Whatley PC has been serving as General Counsel to the Authority and
shall continue in that regard.
3. The Executive Director is hereby authorized to use, or cause to be used, funds held
under the Indenture to pay costs and expenses of the City’s Administrative Services Director, in
his capacity as successor Trustee (as provided for in the First Supplement) in administering the
provisions of the Indenture, including fees and expenses of attorneys and consultants assisting
him, and to make payments in respect of principal that is due and unpaid on the Series A Bonds
after setting aside a reserve from such funds for costs and expenses of the successor Trustee in
the administration of the default provisions of the Indenture.
4. The Agreement for Legal Services between the Authority and Quint & Thimmig LLP (the
“Legal Services Agreement”) relating to such firm’s services in connection with the administration
of the default provisions of the Indenture, the Series A Bonds and related agreements, is hereby
approved. The Chairman is hereby authorized and directed to execute and deliver the Legal
Services Agreement, for and on behalf of the Authority, in said form together with such additions
thereto or changes therein as are approved by the Chairman upon consultation with legal counsel
to the Authority, the approval of such additions or changes to be conclusively evidenced by the
execution and delivery of the Legal Services Agreement by the Executive Director.
5. All actions heretofore taken by the officers and agents of the Authority with respect to
the administration of the Indenture and the Series A Bonds are hereby approved, confirmed and
ratified, and the proper officers of the Authority are hereby authorized and directed to do any and
all things and take any and all actions and execute any and all certificates, agreements and other
documents which they, or any of them, may deem necessary or advisable in order to implement
the provisions of the Indenture, as amended by the First Supplement.
-3-

6-6

6. This Resolution shall take effect from and after the date of its passage and adoption.
* * * * * * * *
ADOPTED as a Resolution of the Board of Directors of the Grass Valley Capital
Improvement Authority at a meeting thereof held on the 24th day of November 2020, by the
following vote:
AYES: Board Member
NOES: Board Member
ABSENT: Board Member
ABSTAINING: Board Member

Lisa Swarthout, Chairman

ATTEST:

APPROVED AS TO FORM:

-4-

Andy Heath, Acting Secretary

Michael G. Colantuono,
City Attorney

6-7

City of Grass Valley
City Gounci!
Agenda Action Sheet

Council Meetine Date: November 24,2020

Date Prepared: November 19,2020

Prepared bv: Mark Buttron -Fire Chief

E!le: Health and Safety Code Section 13146.4 Report on Fire Inspections.
Recommended Motion: That council l) Accept and file the Grass Valley Fire Departnent report
pursuant to Health and Safety Code Section 13146.4 annual inspections. 2) Authorize the Fire
Chief to submit report to the Nevada County Grand Jury for review, as requested.

Agglg: Consent
Backsround Information: Health and Safety Code (HSC) sections 13146.2 and 13146.3 require
fire departments to conduct inspections of specific occupancies once a year. HSC section 13146.4
the,n requires those fire departnents report annually to the City Council on its compliance with
those sections. Appendix A, attached to this staffreport, details the Grass Valley Fire Deparfrnent's
2019 inspections as required by HSC 13146.4.
Council Goals/Obiectives: Goal 6, Public Safety

Fiscal Impact: None

Funds Available: N/A

@{Dv:
)"Lcitv Manager

GIVWDATA\ICOUNCIL MEETINGS AGENDAS!2020\'11.24.2020\Action

Sheets\7. GJ ResponseHSC Agenda.Rpt.docx

Agenda ltem #

7-1

RESOLUTION NO. 2020 - 59
A RESOLUTION OF THE COUNCIL OF THE CITY OF GRASS VALLEY, CALIFORNIA
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE
GRASS VALLEY FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN
OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH
OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE
CALIFORNIA HEALTH AND SAFETY CODE.
WHEREAS, California Health & Safety Code Section 13146.4 was added by Senate Bill No.
1205 in 2018, and became effective on January 1, 2019; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire
departments, including the Grass Valley Fire Department, that provide fire protection services to
perform annual inspections in every building used as a public or private school, hotel, motel,
lodging house, apartment house, and certain residential care facilities for compliance with
building standards, as provided and,
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments,
including the Grass Valley Fire Department, that provide fire protection services to report annually
to its administering authority on its compliance with Sections 13146.2 and 13146.3 and,
WHEREAS, the Council of the City of Grass Valley intends this Resolution to fulfill the
requirements of the California Health & Safety Code regarding acknowledgment of the Grass
Valley Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and
13146.3.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Grass Valley that said
Council expressly acknowledges the receipt of the report filed by the Grass Valley Fire Department
pursuant Health and Safety Code Sections 13146.4, attached hereto as Exhibit # A.

7-2

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof
held on the 24th day of November, 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:

Lisa Swarthout, Chairman

ATTEST:

APPROVED AS TO FORM:

-2-

Andy Heath, Acting Secretary

Michael G. Colantuono,
City Attorney

7-3

APPENDIX A
A.

EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E Occupancies are generally those public and private schools,
used by more than six (6) persons at any one time for educational purposes
through the 12th grade. Within the City of Grass Valley, there lie eight (8) Group
E Occupancies, buildings, structures and/or facilities.
During calendar year 2019, the Grass Valley Fire Department completed the
annual inspection of seven (7) Group E Occupancies, buildings, structures
and/or facilities. This is a compliance rate of 88% for this reporting period.

B.

RESIDENTIAL GROUP R OCCUPANCIES:
1.

Residential Group R Occupancies are generally those occupancies
containing sleeping units, and include hotels, motels, apartments (three units or
more), etc. as well as other residential occupancies (including eighteen (18)
residential care facilities). These residential care facilities (RCF) have a number
of different sub-classifications, and they may contain residents or clients that have
a range of needs, including those related to custodial care, mobility impairments,
cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden.
Eighteen (18) of eighteen (18) R-2.1 RCF & RCFE facilities were completed. This
is a compliance rate of 100%
During calendar year 2019, the Grass Valley Fire Department completed the
annual inspection of twenty-six (26) Group R Occupancies, buildings, structures
and/or facilities and eight (8) of nine (9) R-1 Hotel/Motel buildings - One (1) facility
was under construction and has since been inspected.

7-4

APPENDIX A
This is a compliance rate of 15% for this reporting period. 2019 inspection focus was on
high priority/life safety inspections in Group E, R-1 and R 2.1 facilities.

7-5

City of Grass Valley
City Council
Agenda Action Sheet

Council Meetine Date: November 24,2020

Date Prepared: November 19,2020

Prepared bv: Alexander K. Gammelgard, Chief of Police

Eg: Updated Per-Diem and Travel rates for City Employees and Officials
Recommended Motion: Approve Resolution 20-58 updating per diern and travel rates for City
of Grass Valley ernployees and officials

1!g1!g: Consent
Backsround Information: In 2005 the City Council adopted resolution 05-84. That resolution
set per diern travel rates for City officials. Since that time, the City has generally used those
rates for City onployee travel/training related activity. The rate for meals were set at the
following set rates:

Breakfast: $9.00

Lunch:
Dinner:

$11.00
$20.00

Because those rates were set by dollar amount, they have not changed in over a decade. In order
to create a more equitable systern without the need for future adjustments, it is recommended that
the Council adopt, by resolution, the gsa.gov federal rates as the City's per diem and travel rates.
Those rates can be found at www.ssa.eov/travel/plan-book/per-diem-rates and are updated from

time to time by the federal government. Many other local govemments base their travel/per
diern rates to this benchmark.
Adoption of the attached resolution (#20-58) will update the rates and the City policy related to
travel, training, and conferences.

Council Goals/Obiectives: The execution of this action atternpts to achieve Strategic Goal #5: High
Performance Government & Quality of Service.
Fiscal Impact: The estimated cost forFY20l2l is de minimis in light of COVID-19 havel and
training restrictions and are expected to be absorbed in existing departmental training budgets.
Future costs will be budgeted to account for any potential impact due to this policy change.

Agenda ltem #
246775.1

8-1

City of Grass Valley
City Gouncil
Agenda Action Sheet

Funds Available: Yes

Account #: 5065

Reviewed bv:

ln(cir, Manager

Agenda ltem #
246775.r

8-2

RESOLUTION NO. 20-58
A RESOLUTION OF THE CITY COUNCIL OF GRASS VALLEY
AMENDING THE TRAVEL AND MEETING POLICY
WHEREAS, the City of Grass Valley Travel and Meeting Policy was amended to
meet Assembly Bill 1234’s compensation and expense reimbursement requirements in
2005; and
WHEREAS, the rates were set to a specific dollar amount rather than tied to
federally authorized travel and per diem reimbursement rates; and
WHEREAS, the Travel and Meeting Policy has not been updated since the change
to a City Manager form of government; and
WHEREAS, this resolution updates the reimbursement rates for city employees and
officials, consistent with state law; and
WHEREAS, approvals previously requiring City Administrator or City Council
approvals have been delegated to respective department heads and/or the City Manager
based upon the travel type, location, and/or personnel involved.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GRASS VALLEY, as follows:
1.

Effective January 1, 2021, the City’s Travel and Meeting Policy will be updated to
the attached version.

2.

The reimbursement rates for City staff and officials will be tied to the per diem rates

published by the U.S. General Services Administration rates, currently found online at:
www.gsa.gov/travel/plan-book/per-diem-rates

8-3
246774.1

ADOPTED as a resolution of the City Council of the City of Grass Valley at a
regular meeting held on the 24th day of November 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
__________________________
Lisa Swarthout, Mayor
ATTEST:

APPROVED AS TO FORM:

____________________________
Andy Heath, City Clerk

___________________________
Michael Colantuono, City Attorney

8-4
246774.1

CITY OF GRASS VALLEY TRAVEL AND MEETING POLICY
Revised by City Council Resolution #20-58 – November 24, 2020
The City of Grass Valley recognizes the importance of training to keep employees up-to-date on changes in their
fields of expertise, acquiring new skills and establishing contacts with other professionals and similar
jurisdictions. The purpose of this policy is to ensure proper review and approvals of expenditures for training,
conferences, and travel.
Subject to Department Head and/or City Manager Review and Approval

One day meeting or training of City employees.

One day meeting or training of City Council members.

Overnight, in-state (or to contiguous states), training or conference of City employees.

Using City vehicle or involving mileage reimbursement.

Must be funded within applicable budget.
Subject to City Council Review and Approval (Consent Calendar consideration)

Overnight, in-state training or conference by Council Members

Out-of-state travel (except to contiguous states) by any City official or employee.

Council representative with official duties to Grass Valley’s Sister City (Bodmin).

Must be funded within applicable or adjusted budget


All travel requests must be approved in advance using the attached form. A detailed conference, training
or meeting itinerary, or an online link to the activity, must be attached or referenced on the request form.
Advance claims must be approved and submitted to Finance by noon Wednesday for the employee to
receive a check by Friday closing.



Officials and employees are encouraged to reduce the travel expense to the City to the extent practical.



Mileage is limited to the current IRS amount. The City will pay meal allowance consistent with U.S.
Government
Services
Administration
published
policies,
available
online
at
https://www.gsa.gov/travel/plan-book/per-diem-rates.



Council Members and members of legislative bodies, as such term is defined by the Brown Act, may be
reimbursed for actual and necessary expenses incurred in the performance of their official duties. Any
reimbursement requires the submission of receipts, an expense report, and all other documentation of
actual costs for travel, meals, and lodging. Members must provide brief reports on any outside meetings
attended at the expense of the City at the next regular public meeting of their legislative body.



Council Members and members of other legislative bodies must use group, conference, or government
rates offered by a provider of transportation or lodging services where available. If the group rate is not
available at the time of booking, members are to use comparable lodging. Any member expenses which
fall outside of this Policy require City Council approval before the expense is incurred. All documents
relating to reimbursable expenditures are public records subject to disclosure.



Personal and entertainment costs are excluded unless it can be shown that such costs have a direct
benefit to the City and are approved. Any such expenses must comply with IRS rates and/or the current
edition of IRS Publication 463 (“Travel, Gift, and Car Expenses”), or its successor publication.

G:\WPDATA\!COUNCIL MEETINGS AGENDAS\2020\11.24.2020\Action Sheets\8. 2020-11-24 8-5
Travel Policy.docx
246777.1

CITY OF GRASS VALLEY
TRAVEL EXPENSE / MEETING ATTENDANCE / REQUEST CLAIM FORM
Refer all inquiries and completed request forms to Finance for processing:
Date of Request
 Advance Claim
 Reimbursement
Name
__ Title
Department ____________
Organization Holding Meeting:
Location: _______________
Purpose: ___________________ Departure Date: ________ Return Date: __________
A Detailed Itinerary / Program Description must be attached to this request form.
Transportation Cost (Mileage @ .575 per mile (effective 1/1/20)

Est. Amount

SUBTOTAL

Actual Amount
__________
__________
__________
__________

Overnight Lodging (See GSA online tool for authorized costs - Attach receipts)
Date(s)
Hotel / Motel Name and Address
__________
__________
SUBTOTAL
__________
Incidental Expenses and Costs (Attach Receipts)
Date
Description

__________
__________
__________

SUBTOTAL

Meal Allowance (See GSA online tool for authorized costs)
Date
B L D
Date
B L D
  
  
__________
  
  
__________
  
  
__________
SUBTOTAL
__________
TOTAL ESTIMATED AMOUNT
TOTAL ACTUAL AMOUNT
__________
ADDITIONAL CLAIM OR REFUND TO THE CITY __________
The undersigned hereby certifies that the above claim and the items therein set out are true
and correct and that the amount therein is justly due and hereby request approval.

Budget Number
Reimbursable?  Yes  No

______________________ _______
Claimant’s Signature
Date
Sufficient Budgeted Funds?  Yes  No
By _________________________

Review and Approval:
___________________

_____

_______________

______

__________ _______

G:\WPDATA\!COUNCIL MEETINGS AGENDAS\2020\11.24.2020\Action Sheets\8. 2020-118-6
24 - Travel Policy.docx
246777.1

Gity of Grass Valley
Gity Council
Agenda Action Sheet

Council Meetine Date: November 24,2020 Date Prenared: November 19,2020
Prepared bv: Alexander K. Gammelgard, Chief of Police

E!g: Body Worn Camera (Axon) Contract Renewal
Recommended Motion: (l) Direct staffto move forward with the Police Department body worn
camera contract renewal with Axon; (2) authorize the Police Chief to sign necessary agreements,
subject to legal review, and approve contract change orders up to l0%; and (3) direct the Finance
Director to make appropriate budget adjustments and/or required payments.

Aeenda: Consent

In early 2016 the Police Deparfrnent adopted body worn cameras (BWC) for all sworn ofEcer
positions. After extensive research and testing, the Axon platform was selected. Since that time,
we have expanded the use of BWCs to additional personnel, including animal control officers and

fire department investigators. The program has been incredibly successful with widespread
acceptance and appreciation for the tool by members of the department. On countless occasions

the existence of BWC footage has helped to exonerate officers against false or misleading
complaints, provide for exceptional criminal evidence, and help enlighten the public on the work
we do. The use of BWCs by police agencies are now more a rule than and exception. The public
expects their use, and their value far exceeds their costs. They further the objective of police
transparency and make a shong case related to police legitimacy.

As with all things technological, BWCs and their supporting software and technology is
continuously evolving. GVPD uses a suite of backend support products in addition to Axon
hardware. Video files from Axon BWC devices are seamlessly uploaded to the evidence.com
secure cloud storage environment. We share evidence with the District Attorney's office through
a secure evidence.com portal and manage our video files online, limiting the amount of human
interaction needed to administer the program. Nonetheless, the management of this amount of
data does take time and effort, but through the well-designed technology, we rue able to maintain
our records for seamless use and criminal court discovery purposes.
The Axon contract is coming up for renewal. As such, the police deparhnent staffhave negotiated
with Axon for a new five (5) year contract. This contract will include, in each officer-level license,
the updating of Axon's conducted electrical weapon for each officer (a.k.a, Taser). Having the
latest technology in this area helps reduce incidents of force and keeps officers and members of
the public safe. Axon technology is integrated across their platforms. Included in updated

hardware will be the capability to automatically activate BWCs in proximity upon drawing of a
firearm as well as initiating the "off safe" function of a CEW. We will also have the opportunity

Agenda Item # 9 - 1

City of Grass Valley
City Council
Agenda Action Sheet

to further enhance our video recording to include in-car camera technology if desired at a later
date.

The "per officer cost" for a fully licensed police officer is $1,831.33 per year. The contract will
incorporate 30 such licenses (28 police I 2 fire) as well as additional licensing for support staff,
training material, and instructor certification. The new five (5) year contract has an overall cost of
$302,414.1l. Year one is pro-rated based on transition from the existing contract and previous
payment, with a cost of $27 ,164.23 in this fiscal year. Years 2-5 are$68,767.47 each year.
Since the inception of the BWC program, Measure E funds have bome the costs of the program.
It is proposed that upon adoption of the contract that Measure E funds will pay year-one costs as
noted above within existing 'hon-personal services" FY20l2l budget. In the following years,
appropriate budget allocations will be incorporated into the normal City budget planning and

adoption process.

Council Goals/Obiectives:
This action is consistent with City Strategic Goals related to goal #6, Public Safety

Egelllqpryt:

FY20l21- Existing budgeted Measure E funds
Future years - to be budgeted in normal City budget planning and adoption process
Funds Available: N/A

Account #: N/A

Reviewed bv

14cig Manager

Finance

Attachments: New 5 year Axon contract

Agenda Item #

9-2

Q-271494-44154.918KP
Issued: 11/19/2020
Quote Expiration: 12/15/2020

Axon Enterprise, Inc.

Account Number: 116388

17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737

SHIP TO

Brad Kalstein
Grass Valley Police Dept. - CA
129 S. Auburn Street
Grass Valley, CA 95945
US

Payment Terms: Net 30
Delivery Method: Fedex - Ground

SALES REPRESENTATIVE
Kyle Panasewicz
Phone: (480) 905-2071
Email: [email protected]
Fax: (480) 905-2071

BILL TO

Grass Valley Police Dept. - CA
129 S. Auburn Street
Grass Valley, CA 95945
US

PRIMARY CONTACT
Brad Kalstein
Phone: (530) 477-3184
Email: [email protected]

Year 1 - OSP 7 Users
Item

Description

Term
(Months)

Quantity

List Unit
Price

Net Unit Price

Total (USD)

Axon Plans & Packages
20248

TASER 7 EVIDENCE.COM ACCESS LICENSE

60

1

0.00

0.00

0.00

73687

EVIDENCE.COM VIEWER LICENSE

60

1

0.00

0.00

0.00

73746

PROFESSIONAL EVIDENCE.COM LICENSE

60

30

0.00

0.00

0.00

73686

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE

60

30

0.00

0.00

0.00

73683

10 GB EVIDENCE.COM A-LA-CART STORAGE

60

300

0.00

0.00

0.00

73449

RESPOND DEVICE LICENSE

60

30

0.00

0.00

0.00

20248

TASER 7 EVIDENCE.COM ACCESS LICENSE

60

30

0.00

0.00

0.00

20246

TASER 7 DUTY CARTRIDGE REPLACEMENT
ACCESS LICENSE

60

30

0.00

0.00

0.00

73682

AUTO TAGGING LICENSE

60

33

0.00

0.00

0.00

73683

10 GB EVIDENCE.COM A-LA-CART STORAGE

60

3

0.00

0.00

0.00

73840

EVIDENCE.COM BASIC ACCESS LICENSE

60

3

0.00

0.00

0.00

Hardware
20160

TASER 7 HOLSTER - SAFARILAND, RH+CART
CARRIER

28

0.00

0.00

0.00

75015

SIGNAL SIDEARM KIT

30

0.00

0.00

0.00

22175

TASER 7 LIVE CARTRIDGE, STANDOFF (3.5DEGREE) NS

60

0.00

0.00

0.00

Q-271494-44154.918KP
1

9 -Protect
3 Life.

Year 1 - OSP 7 Users (Continued)
Item

Term
(Months)

Description

Quantity

List Unit
Net Unit Price
Price

Total (USD)

Hardware (Continued)
22176

TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

60

0.00

0.00

0.00

22177

TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS

60

0.00

0.00

0.00

22178

TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS

60

0.00

0.00

0.00

20008

TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R

30

0.00

0.00

0.00

20040

TASER 7 HANDLE WARRANTY, 4-YEAR

30

0.00

0.00

0.00

71044

BATTERY, SIGNAL SIDEARM, CR2430
SINGLE PACK

60

0.00

0.00

0.00

20018

TASER 7 BATTERY PACK, TACTICAL

36

0.00

0.00

0.00

20041

TASER 7 BATTERY PACK WARRANTY, 4YEAR

36

0.00

0.00

0.00

80090

TARGET FRAME, PROFESSIONAL, 27.5 IN. X
75 IN., TASER 7

1

0.00

0.00

0.00

20042

TASER 7 DOCK & CORE WARRANTY, 4YEAR

1

0.00

0.00

0.00

70033

WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK

1

0.00

0.00

0.00

74200

TASER 7 6-BAY DOCK AND CORE

1

0.00

0.00

0.00

22175

TASER 7 LIVE CARTRIDGE, STANDOFF (3.5DEGREE) NS

90

0.00

0.00

0.00

22176

TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

90

0.00

0.00

0.00

22179

TASER 7 INERT CARTRIDGE, STANDOFF
(3.5-DEGREE) NS

30

0.00

0.00

0.00

22181

TASER 7 INERT CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

30

0.00

0.00

0.00

20050

HOOK-AND-LOOP TRAINING (HALT) SUIT

1

750.00

0.00

0.00

1

0.00

0.00

0.00

1

999.00

0.00

0.00

30

0.00

0.00

0.00

Other
Not Eligible
for VR
Not Eligible for VR Headset
Headset
20270

HTC FOCUS+ VIRTUAL REALITY HEADSET

73810

OFFICER SAFETY PLAN 7

60

Q-271494-44154.918KP
2

9 -Protect
4 Life.

Year 1 - OSP 7 Users (Continued)
Item

Term
(Months)

Description

Quantity

List Unit
Net Unit Price
Price

Total (USD)

Other (Continued)
Not Eligible
TASER 7
Not Eligible TASER 7 INSTRUCTOR COURSE
INSTRUCTO
VOUCHER
R COURSE
VOUCHER
73811

OFFICER SAFETY PLAN 7 PAYMENT

12

1

0.00

0.00

0.00

30

1,908.00

635.46

19,063.80

Not Eligible
TASER 7
MASTER Not Eligible TASER 7 MASTER INSTRUCTOR
INSTRUCTO SCHOOL VOUCHER
R SCHOOL
VOUC

1

0.00

0.00

0.00

Not Eligible
Not Eligible Halt Suit
Halt Suit

1

0.00

0.00

0.00

20247

TASER 7 ONLINE TRAINING CONTENT
ACCESS LICENSE

60

30

0.00

0.00

0.00

20249

VR EMPATHY DEVELOPMENT STARTER
CONTENT ACCESS

60

30

0.00

0.00

0.00

73265

TRANSFERRED AB3 CAMERA TAP
WARRANTY

60

30

0.00

0.00

0.00

73266

TRANSFERRED AB3 MULTI-BAY DOCK TAP
WARRANTY

60

4

0.00

0.00

0.00

80087

TASER 7 TARGET, CONDUCTIVE,
PROFESSIONAL (RUGGEDIZED)

1

0.00

0.00

0.00

20120

TASER 7 INSTRUCTOR COURSE VOUCHER

1

495.00

0.00

0.00

73835

AUTO TAGGING LICENSE PAYMENT

12

33

180.00

180.00

5,940.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

Services
85147

CEW STARTER

1

2,750.00

0.00

0.00

79999

AUTO TAGGING / PERFORMANCE
IMPLEMENTATION SERVICE

1

0.00

0.00

0.00

Subtotal

25,543.80

Estimated
Shipping

0.00

Estimated Tax

1,620.43

Total

27,164.23

Q-271494-44154.918KP
3

9 -Protect
5 Life.

Year 1 - Basic + TAP + Unlimited Users
Item

Description

Term
(Months)

Quantity

List Unit
Net Unit Price
Price

Total (USD)

Axon Plans & Packages
73683

10 GB EVIDENCE.COM A-LA-CART
STORAGE

60

3

0.00

0.00

0.00

73840

EVIDENCE.COM BASIC ACCESS LICENSE

60

3

0.00

0.00

0.00

73686

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE

60

3

0.00

0.00

0.00

73449

RESPOND DEVICE LICENSE

60

3

0.00

0.00

0.00

TECH ASSURANCE PLAN BODY 3 CAMERA
PAYMENT

12

3

336.00

0.00

0.00

73827

AB3 CAMERA TAP WARRANTY

60

3

0.00

0.00

0.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

0.00

0.00

73830

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE PAYMENT

12

3

288.00

0.00

0.00

73265

TRANSFERRED AB3 CAMERA TAP
WARRANTY

60

3

0.00

0.00

0.00

73665

RESPOND DEVICE PAYMENT

12

3

108.00

60.00

180.00

Subtotal

180.00

Estimated Tax

0.00

Total

180.00

List Unit
Net Unit Price
Price

Total (USD)

Hardware
87063
Other

Year 1 - Trade-In Credit
Item

Term
(Months)

Description

Quantity

Other
20104

TASER 7 TRADE-IN UPFRONT PURCHASE

Q-271494-44154.918KP
4

27

0.00

0.00

0.00

Subtotal

0.00

Estimated Tax

0.00

Total

0.00

9 -Protect
6 Life.

Spares
Item

Term
(Months)

Description

Quantity

List Unit
Net Unit Price
Price

Total (USD)

Hardware
73202

AXON BODY 3 - NA10

1

0.00

0.00

0.00

20008

TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R

1

0.00

0.00

0.00

20040

TASER 7 HANDLE WARRANTY, 4-YEAR

1

0.00

0.00

0.00

74028

WING CLIP MOUNT, AXON RAPIDLOCK

1

0.00

0.00

0.00

11534

USB-C to USB-A CABLE FOR AB3 OR FLEX 2

1

0.00

0.00

0.00

1

0.00

0.00

0.00

Subtotal

0.00

Estimated Tax

0.00

Total

0.00

List Unit
Net Unit Price
Price

Total (USD)

Other
73827

AB3 CAMERA TAP WARRANTY

60

Year 2
Item

Term
(Months)

Description

Quantity

Hardware
22175

TASER 7 LIVE CARTRIDGE, STANDOFF (3.5DEGREE) NS

60

0.00

0.00

0.00

22176

TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

60

0.00

0.00

0.00

87063

TECH ASSURANCE PLAN BODY 3 CAMERA
PAYMENT

12

3

336.00

336.00

1,008.00

73811

OFFICER SAFETY PLAN 7 PAYMENT

12

30

1,908.00

1,831.33

54,939.90

20120

TASER 7 INSTRUCTOR COURSE VOUCHER

1

495.00

0.00

0.00

73835

AUTO TAGGING LICENSE PAYMENT

12

33

180.00

180.00

5,940.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

73830

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE PAYMENT

12

3

288.00

288.00

864.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

Other

Q-271494-44154.918KP
5

9 -Protect
7 Life.

Year 2 (Continued)
Item

Description

Term
(Months)

Quantity

12

3

List Unit
Net Unit Price
Price

Total (USD)

Other (Continued)
73665

RESPOND DEVICE PAYMENT

108.00

60.00

180.00

Subtotal

64,011.90

Estimated Tax

4,755.57

Total

68,767.47

List Unit
Net Unit Price
Price

Total (USD)

Year 3
Item

Term
(Months)

Description

Quantity

Hardware
22175

TASER 7 LIVE CARTRIDGE, STANDOFF (3.5DEGREE) NS

60

0.00

0.00

0.00

22176

TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

60

0.00

0.00

0.00

22177

TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS

60

0.00

0.00

0.00

22178

TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS

60

0.00

0.00

0.00

87063

TECH ASSURANCE PLAN BODY 3 CAMERA
PAYMENT

12

3

336.00

336.00

1,008.00

73811

OFFICER SAFETY PLAN 7 PAYMENT

12

30

1,908.00

1,831.33

54,939.90

73309

AXON CAMERA REFRESH ONE

30

0.00

0.00

0.00

73689

MULTI-BAY BWC DOCK 1ST REFRESH

4

0.00

0.00

0.00

20120

TASER 7 INSTRUCTOR COURSE VOUCHER

73835

AUTO TAGGING LICENSE PAYMENT

73309

AXON CAMERA REFRESH ONE

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

73830

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE PAYMENT

73841
73665

Other

1

495.00

0.00

0.00

33

180.00

180.00

5,940.00

3

0.00

0.00

0.00

12

3

180.00

180.00

540.00

12

3

288.00

288.00

864.00

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

RESPOND DEVICE PAYMENT

12

3

108.00

60.00

180.00

Subtotal

64,011.90

Estimated Tax

4,755.57

Total

68,767.47

12

Q-271494-44154.918KP
6

9 -Protect
8 Life.

Year 4
Item

Term
(Months)

Description

Quantity

List Unit
Net Unit Price
Price

Total (USD)

Hardware
22175

TASER 7 LIVE CARTRIDGE, STANDOFF (3.5DEGREE) NS

60

0.00

0.00

0.00

22176

TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

60

0.00

0.00

0.00

87063

TECH ASSURANCE PLAN BODY 3 CAMERA
PAYMENT

12

3

336.00

336.00

1,008.00

73811

OFFICER SAFETY PLAN 7 PAYMENT

12

30

1,908.00

1,831.33

54,939.90

20120

TASER 7 INSTRUCTOR COURSE VOUCHER

1

495.00

0.00

0.00

73835

AUTO TAGGING LICENSE PAYMENT

12

33

180.00

180.00

5,940.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

73830

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE PAYMENT

12

3

288.00

288.00

864.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

73665

RESPOND DEVICE PAYMENT

12

3

108.00

Other

60.00

180.00

Subtotal

64,011.90

Estimated Tax

4,755.57

Total

68,767.47

List Unit
Net Unit Price
Price

Total (USD)

Year 5
Item

Term
(Months)

Description

Quantity

Hardware
22175

TASER 7 LIVE CARTRIDGE, STANDOFF (3.5DEGREE) NS

60

0.00

0.00

0.00

22176

TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS

60

0.00

0.00

0.00

87063

TECH ASSURANCE PLAN BODY 3 CAMERA
PAYMENT

12

3

336.00

336.00

1,008.00

73811

OFFICER SAFETY PLAN 7 PAYMENT

12

30

1,908.00

1,831.33

54,939.90

73310

AXON CAMERA REFRESH TWO

30

0.00

0.00

0.00

73688

MULTI-BAY BWC DOCK 2ND REFRESH

4

0.00

0.00

0.00

Other

Q-271494-44154.918KP
7

9 -Protect
9 Life.

Year 5 (Continued)
Item

Term
(Months)

Description

Quantity

List Unit
Net Unit Price
Price

Total (USD)

Other (Continued)
20120

TASER 7 INSTRUCTOR COURSE VOUCHER

1

495.00

0.00

0.00

73835

AUTO TAGGING LICENSE PAYMENT

73310

AXON CAMERA REFRESH TWO

33

180.00

180.00

5,940.00

3

0.00

0.00

0.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

73830

EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE PAYMENT

12

3

180.00

180.00

540.00

12

3

288.00

288.00

864.00

73841

EVIDENCE.COM BASIC LICENSE PAYMENT

12

3

180.00

180.00

540.00

73665

RESPOND DEVICE PAYMENT

12

3

108.00

12

Q-271494-44154.918KP
8

60.00

180.00

Subtotal

64,011.90

Estimated Tax

4,755.57

Total

68,767.47

Grand Total

302,414.11

9 - 10
Protect Life.

Discounts (USD)
Quote Expiration: 12/15/2020

339,254.00
57,482.60
281,771.40

List Amount
Discounts
Total
*Total excludes applicable taxes

Summary of Payments
Payment

Amount (USD)

Year 1 - OSP 7 Users

27,164.23

Year 1 - Basic + TAP + Unlimited Users

180.00

Year 1 - Trade-In Credit

0.00

Spares

0.00

Year 2

68,767.47

Year 3

68,767.47

Year 4

68,767.47

Year 5

68,767.47

302,414.11

Grand Total

Q-271494-44154.918KP
9

9 - 11
Protect Life.

Notes
Agency has existing contract #00007585(originated via Q-58338) and is terminating that contract upon the new license start date (1/01/2021) of this quote.
The parties agree that Axon is granting a refund of $18,687.30 (applied to Year 1 licenses) to refund paid, but undelivered services. This discount is based on a ship date
range of 12/1/2020-12/15/2020, resulting in a 1/1/2021 license date. Any change in this date and resulting license start date will result in modification of this discount value
which may result in additional fees due to or from Axon.
The parties agree that Axon is granting a credit of $4,860 (applied to Year 1 Payment) for trade-in of CEW hardware. This credit is based on a ship date range of 12/1/202012/15/2020, resulting in a 1/1/2021 contract start date. Any change in this ship date and resulting contract start date will result in modification of this credit value which may
result in additional fees due to or from Axon.

Purchase of TASER 7 are governed by the TASER 7 Agreement located at https://www.axon.com/legal/sales-terms-and-conditions and not the Master Services and
Purchasing Agreement referenced below.

Tax is subject to change at order processing with valid exemption.

Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the
company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not
have this authority, please do not sign this Quote.
Signature:

CustSIG

Date:

CustDate

Name (Print):

CustName

Title:

CustTitle

PO# (Or write
N/A):

CustPo
Please sign and email to Kyle Panasewicz at [email protected] or fax to (480) 905-2071

Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com
The trademarks referenced above are the property of their respective owners.

***Axon Internal Use Only***
SFDC Contract #:

Review 1

Review 2

Order Type:
RMA #:
Address Used:
SO #:

Comments:

Q-271494-44154.918KP
10

9 - 12
Protect Life.

Gity of Grass Valley
City Gouncil
Agenda Action Sheet

Council Meetins Date: Novernber 24,2020

Date Prepared: November 19,2020

Prepared bv: Bradford Kalstein, Information Technology Analyst

Title: Award of Information Technology Managed Service Provider Contract
Recommended Motion: (l) Direct staffto move forward with the lntegral Networks Contract
and 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

@g!g: Administrative
Backqround Information: ln 2017, the City initiated a contract with J4 Systons to provide
lnformation Technology managed services. Over the past three years, the City's Information
Technology (IT) systems have been upgraded dramatically; however, there are still areas requiring
additional upgrade and specialized attention.

In order to further enhance the City's IT infrastructure and to address system deficiencies in a
economical way, staff issued an RFP, request for proposal, on Septonber l, 2020. The City
advertised on our website and delivered electronic copies of the RFP to several known vendors.
At the close of the RFP deadline the City had received eight (8) proposals.

Staff formed a review committee that scored and ranked the proposals. Based upon the overall
evaluation of the proposals received and subsequent interviews of the top three proposals, staff
recommends that Integral Networks be awarded the contract for Information Technology (IT)
Managed Services. It should be noted that the contract amount will increase from the previous
contract. The increase is due to the change in pricing model and increased services being provided.
Staffwill request a budget adjustment during the mid-year process.
Integral Networks pricing model is based on workstations and servers counts. Integral Networks
proposal for IT Managed Service to the City focuses on achieving strategic technology goals, the
support of stakeholders and user groups in their technology use, and to maintain IT assets,
licensing, security protocols and Business Continuity/Disaster Recovery.

Council Goals/Obiectives:
Strategic Goal related to City Infrastructure Investment.

Agenda ltem #

10 - 1

City of Grass Valley
City Gouncil
Agenda Action Sheet

Fiscal Imoact
Funding for the contract is available in the City's General Fund and Water and Sewer Enterprise
Funds. Based on current counts of servers and workstations the contract costs will be
$9,965.00/month. Budget amendments will be completed as required and presented with the FY
2021-22 Budget Mid-Year Update anticipated to be brought before the City Council in late
February 2021.

@-@ls:Yes
Be@gLEy:

fuC city Manager

Agenda ltem #

10 - 2

IT Managed Services RFP Response

Integral Networks for City of500
Grass
Valley
Menlo
Drive, Ste. 160
Rocklin, CA 95765
p. 916.626.4000
www.Integralnetworks.com

IT Managed Services RFP Response

City of Grass Valley

Integral Networks, Inc

Confidential & Proprietary

1|Page

10 - 3

IT Managed Services RFP Response

Integral Networks for City of Grass Valley

INTRODUCTION:
Integral Networks is pleased to submit this proposal for IT Managed Service to the City of Grass Valley to
achieve strategic technology goals, support stakeholders and user groups in technology use, and
maintain IT assets, licensing, security protocols and Business Continuity/Disaster Recovery for the City of
Grass Valley and the Grass Valley Police Department.
We understand the City requires IT functionality 24/7/365 due to nature of the services you provide for
the public. It is impertinent that Police, Fire and Public Works can respond to requests for essential
functions. We acknowledge that your current IT environment is spread over 11 locations throughout the
City and is comprised of 3 physical servers running Hyper‐V, hosting 10 virtual servers. There are an
additional 10 Avigilon security/access control servers and approx. 57 desktops and 43 laptops.
Integral Networks goes the extra mile to align people, technology, and business. As you work with us
you come to realize we are a partner with your organization, not another vendor. We make technology
disappear, so you can focus on your mission.

Organizational Capacity, Experience and Personnel:
Founded in 2005, Integral employs a team of highly certified technology professionals each of whom
have been in the IT Services industry for over 15‐20 years. Integral Networks has a 16‐year history
providing high‐quality information technology design, support, and maintenance services to
organizations and businesses throughout the State of California and beyond. Integral Networks is one of
200 IT businesses world‐wide selected to be a member of ConnectWise Evolve Peer Groups, like‐minded
technology business leaders who meet quarterly to improve operations and evaluate and implement
best technology solutions for customers.

Meet Our Team:
Bryan Badger, CEO/CTO
26‐Year IT Veteran – Area of Specialty
 As a business owner, Bryan has a deep understanding of CTO Financial Planning role.
With his many years of experience in Technology & Business Management, this gives him
the ability to lend greater assistance to his clients with CTO direction and planning.
 Extensive experience with virtualization of Desktops & Applications using technologies
such as VMWare, Citrix and Azure.

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Micah McDade, Service Operations Director, Level‐II Engineer
20‐Year IT Veteran – Areas of Specialty:






Client Communication
Technology Strategic Planning
Technology Infrastructure Oversight
Network Switch/Router/Firewall Management
Office 365 Administration

David Spink, Senior Systems Engineer, Project Manager, Level‐III Engineer
24‐Year IT Veteran – Area of Specialty:
•
•

•

•

•

Virtualization of Desktops & Applications with VMWare & Citrix
Extensive Knowledge with designing, planning, and implementing
various projects for Microsoft/Server/Active Directory, VMWare,
Cisco, Citrix, backup and storage.
Instructor for 9 years teaching the following:
 Microsoft MCSE
 Microsoft Office
 Microsoft Operating Systems
 Cisco
 Citrix
Since 2004, this experience includes working in Managed Service
Provider and Cloud Service Provider Consulting services. David
works in Project Management and Team Lead on small and large
projects to ensure their success and client satisfaction.

Certifications: VMWare, Microsoft MCSE, MCSD, Citrix,
Cisco, Datacore, Virtual Storage

Garrett Lieberman, Service Desk Lead, Level‐II Engineer
10‐Year IT Veteran – Area of Specialty:
•
•
•

Hobbyist technology enthusiast for 20+ years, building and repairing custom PCs.
Provided software training and troubleshooting for businesses and personal use.
Extensive experience and knowledge in the following areas:
 Design and assembly of custom desktop PCs
 Windows Desktop and Server Operating Systems
 Assessment of client IT needs and providing recommendations
 Telecommunications including hosted VoIP and SIP PBX
 15+ years in customer service
•

Certifications: CompTIA IT Fundamentals, Allworx Certified Professional

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Blake Futch, Service Desk, Level‐II Engineer
15‐Year IT Veteran – Area of Specialty:
•

Over 15 years’ experience working in a break/fix environment has culminated in proficiency
in a plethora of IT systems. Expertise includes, but is not limited to, Troubleshooting and
diagnostics on failed systems including data recovery/restoration, Deployment of Microsoft
Windows based Servers and Implementation of advanced local networks and
troubleshooting connectivity.

•

Extensive experience and knowledge in the following areas:
• Design and assembly of custom workstation systems to fit scope
• Troubleshooting and repair of Apple Macintosh systems
• Microsoft Desktop and Server Operating Systems
• Communicating with Clients to achieve their IT based needs

John Singh, NOC Manager, Senior Level‐II Engineer
7‐Year IT Veteran – Area of Specialty:
•

•
•
•

•

Possessing more than 7 Years of Information Technology experience in the field of Systems
Engineering‐Infrastructure Mgmt. of Windows based applications, Servers, Exchange/O365,
Directory services, VMWare, Hyper‐V technologies and Patching.
Skilled in handling small as well as complex projects based on Server related tasks; gained
proficiency in carrying out operations on live environments.
Experience in imparting effective training to L1 and L2 support team minimizing their issues
with maintenance.
Proven track record of ensuring that IT systems, applications, and communication
equipment within the organization are managed and maintained in accordance with
documented processes, procedures, guidelines, and instructions.
Certifications: VMWare: VCP6‐DCV, MCSA, AZ‐103, MCP

Customer References




Lake Tahoe Community College – South Lake Tahoe, CA
o Al Frangione – Director of Office of Information
 [email protected]
 530‐541‐4660
o Summary: Lake Tahoe Community College has been a client for over 12 years now and
utilizes Integrals Managed Services, Infrastructure as a Service(IaaS) as well as our cloud
based VDI solution, Integral Workspace.
Newbasis West – Riverside, CA
o Karl Stockbridge ‐ CEO
 [email protected]
 530‐305‐1600
o Jennifer Ewing – CFO
 [email protected]
 530‐906‐6941

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Summary: Newbasis is a manufacturing company in Southern California. They have been
a client for just over 14 years now utilizing Integral Cloud based VDI solution, Integral
Workspace for their approx. 50 users. In addition we provide IaaS service for their
MSSQL based ERP and Paperless line of business applications.
Sierra National Construction
o Megan Smith
 [email protected]
 916‐481‐6792
o Summary: SNC is a General Construction Contractor located in Sacramento, CA. They
have been a client for over 8 years now utilizing Integrals cloud based VDI solution,
Integral Workspace for their approx. 30 users.
o



16‐Years taking care of people and making their IT experience the best it
can be by providing Business‐Class IT Services and going above and beyond
to ensure the IT environment is running optimally.
IT Asset Licensing/Security


Management of all software licensing, e.g., purchase, renewal, updates



Purchase Recommendations in support of an overall IT strategic plan



Endpoint Security



Simulated email phishing attacks & Cyber Security Training



Regularly scheduled updates and security patches



24 x 7 remote monitoring

Overall System Management


Provide twenty‐four (24) hour, seven (7) day per week remote monitoring to assure optimal
performance of all servers and computer assets used by the City.



Fully manage computing assets used by the City ensuring connectivity and networking



Provide hardware maintenance, software support, and upgrade support to all systems



Provide ticketing system/in‐house IT help desk support to all City staff, M‐F, 8 a.m. – 5 p.m.



Enable/support secure remote access for designated staff



Provide project management for selected upgrades and/or changes



Provide necessary training to City staff



Remote Monitoring, Maintenance, Analysis, and Issue Resolution



Manage on/off boarding IT procedures for new and departing City staff



Maintain neat and clean server room environments free of clutter and contaminants

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Servers


Hardware and Software Audits



Performance, Patch, and Security Reports



Remote Control



Patch Whitelisting Service



Endpoint Security software and management



Application, Performance, and Hardware Monitoring



Intelligent (Conditional) Alert Monitoring



Ticket Escalation with Steps to Resolution



Remote Restart of Services and Reboot



Server Maintenance Schedules

Workstations


Hardware and Software Audits



Performance and Preventive Maintenance Reports



Remote Control



Patch Whitelisting Service



Endpoint Security software and Management



Web‐based Management Portal



Desktop Performance Monitoring



Policy Management

Integral’s Complete Managed Services:
Our Complete Managed suite of proactive services first and foremost focuses on people(users) and
ensuring they have the best IT experience possible by providing full IT management and support for the
City. Currently this includes, 3 physical Hyper‐V hosts with 10 virtual servers, 10 Avigilon
Security/Access control physical servers, 5 virtual servers in Azure Gov, 57 Desktops, 43 Laptops, All
Active Directory and O365 logon/user accounts, network printers, Firewalls and network switches. All
support is unlimited remote and onsite support as necessary. All is included in Integral’s proposed
monthly price for The City of Grass Valley.

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SERVICES SUMMARY

INCLUDED

EXTRA

Fully Staffed, Unlimited Remote Service
Desk Support M‐F 7‐5
Unlimited Onsite Service Visit
M‐F 8‐5
24 x 7 Proactive PC & Server Security
Patching, Maintenance & Alerting
Deep Instinct Endpoint Security software
Monthly Executive Reporting on Patching,
Malware Removal, and Network Health
Dark Web Monitoring for compromised
credentials
Infrastructure and Edge Monitoring &
Maintenance(Firewall, Switches, Wireless)
Simulated Phising attack for Cyber
Security Awareness and Training
Virtual CIO (vCIO) Stewardship & Annual
Technology Business Reviews
Remote Control and Remote Access for
Staff to Work PCs from Home
Network Backup/Disaster Recovery
Appliance with Offsite Replication
After‐hours or Emergency Support
Support Additional/2nd PC for Existing
User

+ $32 Monthly Per Month

Project Services:
Add/Move/Change/Work Exceeding 2
Hours

T&M Hourly or Fixed Fee

EdgeScan Hosted Perimeter Security

+ $250 or
Monthly
+ $4.00 per user,

Office365 Backup/Protection

Monthly
Deep Instinct Fully Managed Advanced
Endpoint Security

+$15 Monthly per
workstation. $25 per server

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Ticketing System & SLA
We use a best‐in‐class ticketing platform called Connectwise. This platform allows users to easily submit
and track all their service requests either for themselves, or the entire organization based on
permissions. It also allows us to set up, segregate, manage, and report on tickets by Location, Asset or
Agreement based on:


Proactive Alert Tickets (generated by our Complete proactive monitoring and maintenance)



Reactive Service Tickets (requests received from your staff)



Special Projects (managed separately) by Location, by Agreement, or by special Project from
inception to resolution within our stated SLA (Service Level Agreement).

Our Service Level Agreement defines our Support Response Targets by Priority Level. Response Time
is defined as expected wait time for initial response given your request’s priority level. You will be asked
to provide a Priority of 1‐4 when you submit your request to our Service Desk.
Service Levels – Definitions
Our goal is to meet the following Response, Resolution Plan, and Final Resolution benchmarks for 80%
of support requests. All times are based on our Business Hours of 8:00am to 5:00pm, Monday ‐ Friday.

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While the below are published SLA’s, our internal tracking for the last 6 months shows our average
response is 15 minutes or less with same day resolution for all tickets submitted. We do not guarantee
Resolution times as every potential issue is unique and can be complex. Instead, based on severity we
call all hands‐on deck as needed.
Normal Response:
Priority 3
Response – 4 hrs.
Resolution Plan – 12 hrs
Resolution – Best Effort

Quick Response:
Priority 2
Response – 2 hrs
Resolution Plan – 4 hrs
Resolution – Best Effort

Emergency Response:
Priority 1
Response – 1 hr
Resolution Plan – 2 hrs
Resolution – ASAP

Secure Customer Documentation
Integral Networks stores all customer documentation on an industry best‐in‐class secure platform called
ITGlue. ITGlue access requires multi‐factor authentication and uses data‐encryption to ensure your
system details, configurations, passwords, and other protected information is secured. At your request,
we may offer a specific, authorized, point‐of‐contact in your organization access to The City’s
documentation in ITGlue. We do not retain individuals’ passwords to maintain compliancy.

Strategic Guidance – Virtual CTO
Integral Networks Complete Managed services include an annual (or more frequent based on client
needs) Technology Business Reviews (TBRs) to provide strategic technology planning, budgeting and
stewardship for your organization. The TBR consists of a comprehensive written document including at‐
a‐glance statuses, detailed topology descriptions, recommendations for technology improvements and
equipment lifecycle replacements, CSAT and SLA reporting for the period, and an overview of
accomplishments. The TBR document is prepared collaboratively with input from your organization with
our technology service and project teams and is presented to your organization’s key stakeholders on a
scheduled basis, with your Integral Networks customer account representative and an Integral Networks
technical representative.

Monthly Executive Reporting
In addition to your bi‐monthly zero‐dollar Labor Detail Invoices, our service team sends one weekly
ticket report and one monthly Executive Reports as follows:


Integral Managed Weekly Ticket Report: a weekly email check in to make to see if there is
anything that needs attention as well as a list of the past weeks open/closed tickets as well as
any currently open tickets.



Integral Managed Executive Summary Report: an abbreviated report detailing your network’s
overall health score, Servers health score, and PCs health score, all based on patching, endpoint

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protection (security), and warranty statuses. Supporting at‐a‐glance details offer insight into
system counts, operating system types and counts, and warranty details.

Project Implementation Timelines and Proposal
Note: Deployment timelines are estimates and may be subject to hardware availability as well as local
and state ordinances regarding COVID‐19.
‐ Official timelines will be generated upon acceptance of Integrals RFP Response
 Phase 1 – Onboarding ‐ Estimated Time to Complete: 1‐2 Weeks
o Work Scope:
 Integral Service Stack Deployed to Site
 Account handover and coordination with existing providers
 Documentation
 Site specific collateral generated (User Add/Change Remove Forms, etc.)
 All support transitioned to Integral Networks


Phase 2 – Network Assessment/Review ‐ Estimated Time to Complete: 2 Weeks
o Work Scope:
 Complete Inventory Creation
 Identify all equipment out of standards
 Identify any security concerns/issues
 Prioritize assessment findings with POC based on priority, budget and timing
requirements.

Projects/phases out of scope of RFP will require a formal quote and will be generated by dedicated
project manager pending RFP acceptance.

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QUOTE

AAAQ1506
Nov 30, 2020

4960 Rocklin Rd, Suite 100, Rocklin, CA 95677
Tel. 916-626-4000

Quoted To:
City of Grass Valley
Brad Kalstein
129 South Auburn Street
Grass Valley, CA 95945
United States

Prepared By:
Bryan Badger
President/CEO
[email protected]
916-626-4000

Phone
Fax

Here is the quote you requested.

Description

Unit Price

Qty

Integral Managed Services Overview
- Comprehensive IT Management and Support
- Integral Networks Best Practices
- Monthly Performance Reporting
- IT Asset Management
- Virtual CIO Consulting
- Quarterly Technology Review with Budget Planning
- Procurement Services
- 24/7 Help Desk Support
- Unlimited On-Site and Remote Support
- Vendor Management(ISP& Telco/Printers/Line of Business Applications)
- Secure Customer Portal

$0.00

1

$0.00

Dark Web ID Scanning w/ Simulated Email Phishing attacks with Cyber Security
awareness training.

$50.00

2

$100.00

Integral Complete Server w/ Standard Security for Hypervisor Roles
24/7 Monitoring, Alerting and Resolution
Weekly preventative maintenance
Weekly Microsoft patch management
Weekly 3rd Party software updates
Deep Instinct Advanced Endpoint Protection
Unlimited remote and on-site support

$50.00

2

$100.00

Integral Complete Server w/ Standard Security for Avigilon Security Servers
24/7 Monitoring, Alerting and Resolution
Weekly preventative maintenance
Weekly Microsoft patch management
Weekly 3rd Party software updates
Deep Instinct Advanced Endpoint Protection
Unlimited remote and on-site support

$50.00

9

$450.00

Integral Managed Services

10 - 13
Created on 11/02/20 13:12:37 by Integral Networks, Inc.

Page 1 of 2
1 of 2

Description

Unit Price

Qty

Integral Complete Server w/ Standard Security
24/7 Monitoring, Alerting and Resolution
Weekly preventative maintenance
Weekly Microsoft patch management
Weekly 3rd Party software updates
Deep Instinct Advanced Endpoint Protection
Unlimited remote and on-site support

$150.00

14

$2,100.00

Integral Complete Workstation w/ Standard Security
24/7 Monitoring, Alerting and Resolution
Weekly preventative maintenance
Weekly Microsoft patch management
Weekly 3rd Party software updates
Deep Instinct Advanced Endpoint Protection
Unlimited remote and on-site support during business hours

$55.00

93

$5,115.00

Integral Network Monitoring
- Monitoring & Management of Firewalls, switches, printers and misc network
devices

$0.00

1

$0.00

$150.00

14

$2,100.00

Integral Complete Server w/ Advanced Security
- Deep Instinct Advanced Endpoint Security w/ script blocking
- Fully managed 24x7 by SOC
(Optional)

$25.00

25

$625.00

Integral Complete Workstation w/ Advanced Security
- Deep Instinct Advanced Endpoint Security w/ script blocking
- Fully managed 24x7 by SOC (Optional)

$15.00

100

$1,500.00

Edgescan Penetration Testing
- Testing the technical and logical security posture of your assets, be they API’s, Cloud based
infrastructure, Web or mobile applications
- Manual penetration testing combines human expertise on top of professional penetration
testing software and tools, such as automated static and automated dynamic analysis, when
assessing high assurance applications.
- A manual penetration test (Pen Test) provides complete coverage for standard technical
vulnerability classes, as well as other design, business logic and complex risks that can only be
detected through manual testing. (Optional)

$250.00

1

$250.00

$4.00

100

$400.00

Integral Onsite Server Connect Backup
- Image level based backup of entire System
- 4-6 Hour Data Protection (Can/will be changed based on IO performance &
Client Requirements)
- Backup to local onpremise appliance then copied to Integral's Offsite Datacenter
- Local virtualization on BDR Appliance as needed
- 500GB of Offsite Storage in Integral NEtworks Datacenter is Included. Azure is
additional cost.
- Remote Virtualized Recovery hosted in Integral's Datacenter

Value Add Services

Backup/Protection for Office 365
- Backup users mailbox and onedrive data. (Optional)

Subtotal
Recurring Amounts:

$9965.00 Billed Monthly

$9,965.00

Tax

$0.00

Shipping

$0.00

Grand Total

$9,965.00

Deposit Required

$9,965.00

Please contact me if I can be of further assistance.

10 - 14
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Page 2 of 2
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Supporting documentation for our additional recommended services:
Integral Complete Server & Workstation w/ Advanced Security
Through our close partnership with Blokworx, a Managed Security Services Provider, we are able to
dramatically increase our clients protection from compromise with Advanced Endpoint Defense
utilizing deep learning and AI technologies to prevent malicious activity and monitor endpoint
behaviour for indicators of compromise.
This is not your typical industry standard endpoint defense response. As important as scanning and
prevention are, it’s just as important to learn and adapt to a network’s environment. That’s why we
employ deep learning capabilities to not only ensure that known threats will be eliminated before
ever entering a network, but also to look deep into the data and find threats that would go
undetected through traditional means.
Our proprietary solution can not only evaluate but learns over time… and that’s a game‐changer. As
the next new ransomware, virus or threat comes to wreak havoc on your network, our system can
remember what those threats looked like and put on the virtual brakes to ensure your network is
safe. Our adaptive technology provides protection for the traditional network, and can also provide
protection for the many devices brought into the network. Mobile, IoT, and IP‐enabled devices and
Wi‐Fi access can bring risk to a typical network environment. Our solution protects the network
from all this and more. It covers any device, any OS, any time with speed and accuracy. MAED
provides next‐generation endpoint security monitoring & remediation, to proactively manage and
protect your customer environment (no matter how large or small) before catastrophic incidents
can occur.

Backup and Protection for Office 365 email and onedrive.
Most people do not realize that Microsoft does not backup your data nor are they
responsible to recover it in the event of an issue. Integrals Office365 Backup and Protection
protects your email, files(onedrive) and site hosted in SaaS application from any kind of
unwanted deletion, ransomware, and app overwrite errors.
•

Automated 3x a day backup of all data in Office 365

•

Automatic archiving of deprovisioned users

•

Recovery from ransomware in the cloud

•

SOC 2 Type II Compliance and HIPPA compliance support

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Mobile Device Management or MDM
There are 3 options for MDM that Integral networks utilizes depending on the needs of the
client. Besides licensing, MDM is included in our proposed monthly services. Integral
Networks will charge a one time setup fee based on the number of devices.
1. Microsoft Intune
a. Depending on your current level of O365 subscription, you most likely
already have this and we will setup/enroll/support Intune as part of the
agreement.
2. Meraki Systems Manager (MDM)
a. There is an additional license fee required of $34 per device for 1 year, or
$68 per device for 3 years.
3. Citrix Endpoint Management
a. There is an additional monthly license fee of $3‐$8 per month per device
depending on feature set required.

Service and Installation Warranties under Complete Managed:
All support and installations for new hardware and software completed by Integral Networks are
warrantied for the term of your Agreement. Pre‐existing system installations, pre‐existing or legacy
hardware and software are excluded from Integral Networks service/installation warranty when third‐
party (manufacturer’s) hardware warranty or software (manufacturer/vendor) upgrade and
maintenance subscription is expired. Please see Technology Standards in Addendum A for more details.

Adding New Employees or PCs to Your Agreement:
A NET increase of employees to your team increases your monthly Agreement price by $55‐$65 monthly
per user. Installation labor for new systems (ex. A second PC, a laptop, tablet, or virtual machine) is at
no additional labor charge if the equipment chosen is purchased from Integral Networks or meets our
minimum system requirements (see Technology Standards in Addendum A). Each new PC added to the
network without a net‐staff increase (no new user) is $32 monthly per PC.

Additional Discovery Items

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These items were noted during our onsite discovery and analysis. They are not covered under the initial
RFP. However, are recommendations that will require further review upon quote acceptance in order to
meet minimum standards.
System: Firewall/Edge Security


Business Challenge and Problem Description: It was noted that the City is currently utilizing end
of life/support Juniper firewalls with no active security subscriptions.



Proposed Solution: Integral Recommends implementing with Cisco Meraki or Palo Networks
Edge Security Devices.

System: Server Hardware and Operating Systems


Business Challenge and Problem Description: Existing Server is hardware is 5+ years old and
running Server 2008 in some instances.



Proposed Solution: Evaluate Cloud Options. Install new hardware and deploy new 2016/2019
servers to replace out of date 2008 servers.

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ADDENDUM A: Technology Standards
Minimum Infrastructure Requirements for Integral Networks Customers:
All operating systems should be fully supported. Any operating systems listed as “End of Extended Support” on
Microsoft’s Lifecycle chart does not meet minimum infrastructure requirements, as these systems are not updated for
security patching and are expired.
Server OS: https://support.microsoft.com/en‐
lifecycle calendared & budgeted for future
us/lifecycle?C2=1163
purchase through Integral Networks.
 Windows Server 2012 or newer
Workstation and Server hardware over 48‐
 Linux: ask for specifics
months of age should be replaced
 Infrastructure equipment such as switches,
Workstation OS: http://windows.microsoft.com/en‐
firewalls, and wireless devices should be
us/windows/lifecycle
replaced at 60 months and / or register a
 Windows 8 Pro or newer OS
cold spare
 Apple OSX 10.1 Yosemite or newer
 Business‐class vs. consumer‐class devices
Email Platform: https://support.microsoft.com/en‐
deployed. Non‐business‐class hardware
us/lifecycle/search?alpha=Exchange%20Server
replaced with hardware vetted and ideally
 Exchange Server 2013 or later for on‐
procured through Integral Networks
premises solution
 Equipment vetted and ideally procured
 Microsoft O365 hosted platform
through Integral Networks
 Microsoft Outlook 2013 or newer
Third‐Party Vendors:
Special Servers / Software:
 Integral Networks authorized as a point‐of‐
 SQL Server: SQL 2012 or newer
contact for your company with all
 Microsoft Office 2013 or newer
applicable third‐party vendors to act on
your behalf.
 Microsoft Office for Mac 2016 or newer
 Vendors Integral Networks requires pre‐
 Microsoft Access 2013 or newer
authorization:
 Microsoft Project Server 2013 or newer
o Domain Registrar & DNS Provider
 SharePoint Server 2013 or newer
o Webhost
Software Licensing:
o Email Provider
 License agreements, product keys, and
o Internet Provider
media owned & accessible
o Phone Provider
 Licenses cover the current number of
o LOB Software Vendor(s)
users/devices installed
 Third‐party vendor/manufacturer Support
& Maintenance Contract current for all
special Line‐of‐Business applications. If not,
any support provided for these applications
is excluded from Agreement and performed
at Time & Materials rates.
Hardware: All hardware should be on a 4‐year
replacement lifecycle. Equipment failure risk
increases exponentially after year 4.
 All devices under current manufacturer
warranty and/or appropriate replacement

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IT Managed Services RFP Response

Integral Networks for City of Grass Valley

Conclusion:
Integral Networks is very much looking forward to partnering with the City of Grass Valley to ensure that
your people have the best IT Experience that they can have. We are confident in our ability to meet the
Cities goals and stand ready to partner with you.

If you have any questions on this RFP response, feel free to contact Bryan Badger at your convenience
via email at [email protected] or by phone 916‐626‐4000 x100.

Thank you for your time and consideration,

Integral Networks, Inc

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10 - 19

Exhibit A
*Contract language to be inserted after legal review

10 - 20

City of Grass Valley
City Council
Agenda Action Sheet

Council Meetins Date: Novernber24,2020 Date Preoared: November 19,2020
Preoared bv: Alexander K. Gammelgard, Chief of Police

Title: Police Departnent Communications lnfrastructure and Equipment Upgrade
Recommended Motion: (l) Direct staffto move forward with the project to upgrade the Police
Departrnent radio communications infrastructure pursuant to the attached Motorola Solutions
contract and scope of work agreements; (2) approve joining the H-GAC Cooperative Purchasing
Program and authorizeCity Manager to sign necessary documents; (3) approve the attached
contract as a sole source procurement pursuant to 3.08.140 (requires 415 vote); (4) authorize the
Chief of Police to sign necessary agreements, subject to legal review, and to approve change
orders up to 10%; and (5) direct the Finance Director to make appropriate budget adjustments
and progress payments
Asenda : Administrative

Backsround Information: The City of Grass Valley Police Department currently owns and
operates a Land Mobile Radio (LMR) infrastructure that services Police Department users across
the City. This infrastructure was first installed several decades ago, and the City is encountering
increasing issues with the performance of the infrastructure. The current systern does not comply
with state and federal regulations for transmission of sensitive law enforcement communication.
The Police Department is looking to upgrade the systern to achieve a higher level of service in our
mission to serve the public with this critical communication platform.

Motorola Solutions provides enterprise grade, mission critical radio systems to law and fire
agencies throughout the State of California, the United States, and abroad. Each law enforcement
agency has unique needs for custom goods or services based on a number of factors. Staff
completed extensive research into viable radio solutions including research about existing and
planned partner agency radio infrastructure, availability of reliable and quality service and
maintenance options, as well as consistency with regional law enforcement parfirers to bolster
mutual aid response capabilities. This Motorola systern implanentation will allow for full
interoperability with Nevada County's existing regional dispatch system as well as the Motorolabased dispatch system being planned. In addition, staff concluded that Motorola's proposal allows

for seamless transition between our legacy analog equipment and new digital communication
equipment. Motorola Solutions is the only source for the required project objectives,
interoperability, and reliable on-going maintenance and service needs.

Agenda ltem #

11 - 1

City of Grass Valley
City Gouncil
Agenda Action Sheet

The proposal by Motorola Solutions uses the H-GAC Cooperative Purchasing Program for the
equipment pricing. Utilizing the same vendor for equipment and implementation will minimize
the downtime during the project and allow us to utilize all previously purchased Motorola handheld
radios.

This new infrastructure will improve the performance of the Police Departments LMR operations
and enhance interoperability with partner agencies. It will also allow the deparfinent to more
efficiently and effectively monitor and maintain the syston. The department has determined that
aP25 digital system (mixed mode) is the best solution for its needs based on current and evolving
technology. This standard will help ensure that the City has a common operating platform that
maximizes compatibility with vendor equipment and other regional LMR systems well into the
future.
To best meet the functional and operational needs of the department, Motorola Solutions proposal
includes a combination ofhardware, software, and services. Specifically, this solution forthe Grass
Valley Police Department provides:

o Kl P25 Conventional Controller
o I Position MCC 7500E Dispatch Console and Verint Logging Recorder Systern
o P25 Mixed Mode RF Upgrade for PD CH I and CH2 - (7 Sites)
o APX Subscriber radios: 35 Portables and 30 Mobiles
This project and associated costs were presented to the Measure E Oversight Committee on
llll9l2020. The Committee concurred with the use of Measure E funds for the project capital
outlay and associated startup costs.

Council Goals/Obiectives:
This action is consistent with City Strategic Goals related to goal #6, Public Safety
Fiscal Impact
Funding to complete the project and related support services are available via Measure E Funds.
Proposed cost for the turnkey system is $1,350,733. Although work toward the upgrade will
begin upon approval, funds will not be expended until next budgetyear. In addition to costs paid
directly to Motorola Solutions, ancillary costs, not to exceed $100,000 may be required to
support project deployment (i.e., data circuits, backhaul connections, FCC licensing, lease
space).

Agenda ltem #

11 - 2

City of Grass Valley
City Council
Agenda Action Sheet

a

Motorola based project costs will be incorporated in the FY 21122 budget planning
process and funds will not be expended until July 1,2021or thereafter

a

Ancillary costs, as noted above, may be incurred inFY}Dl2l and/or FY2ll22

@!EE:Yes

@.Dr:
-TE[( ciff Manager

Agenda ltem #

11 - 3

Motorola Solutions
10680 Treena Street, Suite #200
San Diego, CA. 92131
USALe

November 13, 2020
Chief Alexander Gammelgard
City of Grass Valley
129 South Auburn Street
Grass Valley, CA 95945
Subject: P25 RF and Console Systems Upgrade
Dear Chief Gammelgard,
Motorola Solutions, Inc. (“Motorola Solutions”) is pleased to have the opportunity to provide City of Grass
Valley with quality communications equipment and services. The Motorola Solutions project team has taken great
care to propose a solution that will meet your needs and provide unsurpassed value.
To best meet the functional and operational specifications of this solicitation, Motorola Solutions response
includes a combination of hardware, software, and services. Specifically, this solution is for the Grass Valley
Police Department P25 RF and Console Systems Upgrade and provides:





K1 P25 Conventional Controller
1 Position MCC 7500E Dispatch Console and Verint Logging Recorder System
P25 Mixed Mode RF Upgrade for PD CH 1 and CH 2 - (7 Sites)
APX Subscribers: 35 Portables and 20 Mobiles

This proposal is subject to the enclosed Communications System and Services Agreement (CSSA), together with
its Exhibits. This proposal shall remain valid until December 4, 2020. City of Grass Valley may accept the
proposal by delivering to Motorola Solutions the CSSA signed by your City of Grass Valley representative.
Alternatively, Motorola Solutions would be pleased to address any concerns the City of Grass Valley may have
regarding the proposal. Any questions can be directed to Chris Chamberlain our Sr. Account Manager at 916-5008537.
We thank you for the opportunity to furnish the City of Grass Valley with “best in class” solutions and we hope to
continue our relationship by implementing this project. Our goal is to provide you with the best products and
services available in the communications industry.
Sincerely,
Motorola Solutions, Inc.

Micah Applewhite
MSSSI Vice President

City of Grass Valley
P25 RF and Console Systems Upgrade

Motorola Solutions Confidential Restricted

November 13, 2020
Use or disclosure of this proposal is subject
to the restrictions on the cover page.

11 - 4

Cover Letter

SECTION 1

SYSTEM
DESCRIPTION
Motorola Solutions proposes an ASTRO 25 MCC 7500E dispatch console with an ASTRO Conventional
Non-Redundant K-core, an upgrade of the existing VHF Analog Conventional system to VHF Mixedmode Conventional system and APX subscriber radios. This will provide the Grass Valley Police
Department with the confidence of state-of-the-art secure communications, seamless IP-based
connectivity, flexible system architecture with scalable components and centralized console management.
The dispatch console proposed would connect to the upgraded radio infrastructure via the conventional
channel gateways and would allow for a future upgrade path to a fully digital P25 compliant radio system.
Motorola Solutions designs its console to help reduce the total cost of owning an IP-based, feature-rich
dispatch system without compromising quality and reliability. The console provides Grass Valley Police
Department with sophisticated network management and easy migration to future capabilities.
The proposed ASTRO Conventional Non-Redundant K-core and one (1) dispatch console with one (1)
Verint Analog Voice Recorder and one (1) Key Variable Loader (KVL 5000) will be located in the Grass
Valley Police Department Main Office at 129 S Auburn St, Grass Valley.
It also includes the upgrade to a VHF Mixed-mode conventional multi-site voting voice communication
system from their existing VHF analog conventional multi-site voting voice communication system. As
your existing equipment continues to age and more parts become obsolete, Motorola Solutions
understands the importance of replacing your existing system to maintain your organization’s mission
critical operations.
The sections below provide details on the proposed system and subscriber radios.

****Sections omitted due to the confidential nature of content.****

City of Grass Valley
P25 RF and Console Systems Upgrade

Motorola Solutions Confidential Restricted

November 13, 2020
Use or disclosure of this proposal is subject
to the restrictions on the cover page.

11 - 5

Cover Letter

PRICING
SECTION 1

Motorola Solutions is pleased to provide the following equipment and services to City
of Grass Valley:

Equipment and Services
Grass Valley PD P25 RF and Console System Equipment

Pricing
$1,052,381

Grass Valley PD P25 RF and Console System HGAC Discount

($194,934)

Grass Valley HGAC Discounted PD P25 RF and Console System Equipment

$857,447

Grass Valley PD P25 RF and Console System Implementation

$805,322

Grass Valley PD P25 RF and Console System 8.5% Tax (Equipment Only)

$72,883

Grass Valley PD P25 RF and Console Total System

$1,735,652

Grass Valley System PD Incentive if Order is Received by: December 4, 2020

($384,919)

Grass Valley PD P25 RF and Console System Grand Total with System Incentive

$1,350,733

11 - 6

Exhibit A
*Contract Language to be inserted once review by legal is completed.

11 - 7

City of Grass Valley
City Gouncil
Agenda Action Sheet

Council Meetins Date: November 24,2020

Date Prepared: November 18, 2020

Prepared bv: Tim Kiser, City Manager Th(

\

EIg: Approval of Deputy City Clerk/Management Services Analyst Job Description, and
Executive Contract Appendix A

Recommended Motion: That Council l) approve the new job description and salary range for
Administrative Services Director; 2) review the proposed Deputy City Clerk/Managonent
Services Analyst unployment agreement; 3) authorize the City Manager to execute the agreements
subject to legal review; and 4) authorize the Finance Director or the City Manager's designee to
make any necessary budget adjustments and/or amendments to complete this action.

1@1[q: Administrative
Backeround Information: For the last several months, the City has been backfilling the vacated
City Clerk position. With the modification of work tasks over the last few years in the City, staff
feels it is in the City's best interest to create a new position of Deputy City Clerk/\{anagement
Services Analyst. The purpose of this position is to prepare and maintain ofEcial municipal
records, provide information and support, and provide professional-level administrative and
support for the management and operations in assigned area. The goal of this position would be to
develop a City Clerk over the next 2.5 to 3 years. Attached is the Deputy City Clerk/Management
Services Analyst job description for Council review and approval. Salary range for this new
position will top out at $90,000 per year with the funding coming from the underfilling of the
budgeted existing City Clerk position.
As part of the creation of this position, Appendix A of the existing employment agreements for
City executives (Police Chief, Fire Chief, City Clerk, Public Works Director, etc.) needs to be
modified to add the new position of Deputy City Clerk/Managanent Services Analyst.
Attached for Council reference is proposed Deputy City Clerk/Management Services Analyst
Agreernent, Appendix A, and new job description for the Depu$ City Clerk/Management Services
Analyst.

Council Goals/Obiectives: This action executes portions of work tasks towards
achieving/maintaining Stategic Plan objectives of High Perfornance Government and Quality
Service.

Fiscal Impact: Minimal immediate fiscal impact and potentially a small cost savings over the next
2.5 to 3 years while this position underfills the City Clerk position. Please note agreements are
performance based and salaries and incentives may increase or decrease based upon perforrnance
annually.
Account #: Various
Efu!g;!yg!!g!!g:

Yes

Reviewed fv: ttut/Citv Manaser

-^

G:\WPDATA\ICOLNCIL MEETINGS AGENDAS\2020\| 1.24.2020\AAS 201124-Deputy City Clerk poistion approval.docx

Ag enda ltem #

12 - 1

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF GRASS VALLEY
AI{D
DEPUTY CITY CLERK/MANAGEMENT SERVICES A}IALYST

1. Effective Date
This Agreernent shall become effective when it has been executed by "Director", hereinafter
referred to as "Deputy City Clerk/Management Services Analyst" or Employee, and the City
Manager, as duly approved by Resolution of the City Council, has executed it.

2. Term of Employment
Deputy City Clerk/Management Services Analyst shall serve at the pleasure of the City
Manager and on an "at will" basis during the term of this Agreement, subject to the terms
and provision of this Agreernent as set forth below.

3. Duties; Ilours of Work

A.

Deputy City Clerk/Management Services Analyst shall perform those functions and
duties as specified in job classification and by direction of the City Manager. Deputy City
Clerl/Management Services Analyst shall perform such duties in accordance with the
highest professional and ethical standards of the Deputy City Clerk/Managonent Services
Analyst position. Deputy City Clerk/Management Services Analyst shall not engage in any
activity that is, or which may become, incompatible with the City of Grass Valley, as
provided by federal, state, and local law. During the term of this Agreernent, Deputy City
Clerk/Management Services Analyst shall be exclusively employed by the City, unless prior
written authorization otherwise is received from the City Manager.

B.

Deputy City ClerVManagement Services Analyst shall maintain a regular work
schedule consistent with that approved for other-Directors of the City. DirectorTitle's duties
may involve expenditures in time in excess of eight (8) hours per day and/or forty (40) hours
per week and may also include time outside normal office hours such as attendance at City
Council and Commission meetings. Deputy City Clerk/Management Services Analyst shall
not be entitled to additional compensation for this time.

4. Compensation
A. Deputy City Clerk/Management Services Analyst shall receive an annual base salary
of $72,000.00, payable in equal bi-weekly payments to be made at the same time as other
employees are paid.

B.

Deputy City Clerk/Ivlanagement Services Analyst's compensation shall be reviewed
with the City Manager at least annually in connection with the annual review or at any other
times as may be determined by the City Manager. Compensation may be increased as
determined by the City Manager within the salary range (Compensation and Benefits Appendix A) for the Deputy City Clerk/Management Services Analyst.

Page I I

12 - 2

C.

Salary may be reduced in the event Deputy City Clerk/Ivlanagonent Senrices Analyst
receives an unsatisfactory evaluation, either at the annual evaluation or at any additional
evaluation completed by the City Manager. Compensation may be reduced as determined
by the City Manager within the salary range (Compensation and Benefits - Appendix A) for
the Deputy City Clerk/Managernent Services Analyst.

D.

As consideration for the annual opportunity to be considered for increased
compensation pursuant to sub-paragraph B above, Employee specifically waives any right to
a 415 vote of the City Council prior to removal from his or her position, as may be provided
under City Charter Article IX, Section 2. Employee acknowledges that the City Manager is
the appointing authority and may also remove Employee from this position without action
of the City Council.

5. Ilealth Insurance

The City shall pay the full pranium for health insurance for the Deputy City
Clerk/lvlanagement Services Analyst, including their dependents, for health coverage
(medical, dental, and vision) benefit options as provided to other employees.

Employees waiving medical insurance coverage shall receive two hundred fifty dollars
($250) per month less the costs of any elected dental or vision insurance per month.
Employees waiving health care coverage must produce evidence of insurance through
another source. Any payment due Employees for waiving medical insurance coverage shall
be paid in a lump sum once per month and shall be considered taxable compensation;
however, such compensation is not PERSable.

6. Annual Leave
Deputy City Clerk/Management Services Analyst shall receive vacation be,nefits equal to
those of Departrnent Heads, as set forth in the "Compensation and Benefits - Appendix A".
Deputy City Clerk/Management Services Analyst may cash out up to four weeks of Annual
Leave and/or vacation each Calendar Year upon City Manager's prior approval and
consistent with Internal Revenue Service rules governing constructive receipt. Vacation
and/or Annual Leave time cashed out pursuant to this provision shall be subtracted from the
accumulated Vacation and/or Annual Leave balances when paid.

7. Retirement
Employees designated as local public safety (Police) "classic" employees by the City are
currently provided retirement benefits under the Public Employee's Retirement System's
Local Safety (Police) 3o/o at age 50 formula with a 9o/o enployee contribution. Employees
are also provided retirement benefits under Social Secwity.

"Classic" public safety (Police) designated ernployees will pay a pre-tax contribution for
retirement for the employee share under CaIPERS retirement plan of 9o/o. The onployee
shall pay the full amount of the employee's contribution rate to Social Security.

Page | 2

12 - 3

Employees designated as local public safety (Fire) "classic" ernployees by the City are
provided retirement benefits under the Public Employees Retirement System's (PERS)
Local Public Safety (Fire) 3%o at 55 formula. Employees are also provided retirement
benefits under Social Security.

"Classic" public safety (Fire) designated onployees will pay a pre-tax contribution for
retirement for the ernployee share under CaIPERS retirement planof 9o/o. The onployee
shall pay the fulI amount of the employee's contribution rate to Social Security.
New public safety onployees hired after January 1,2013 or'T',[on Classic" public safety
(Fire or Police) designated employees, upon placement in a full-time onployment status
shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect
between the City and PERS. The employee contribution rate shall be 50 percent of the
"normal cost" rounded to the nearest quarter of 1 percent, as determined by PERS.
Miscellaneous ernployees who are considered "classic" members by PERS will be
responsible for paying the full ernployee contribution to the California Employees
Retirernent System, which is currently 8%. Miscellaneous ernployees who are considered
"new" members by PERS will be responsible for paying 50 percent of the "normal cost"
pursuant to the Pension Reform Act of 2013. The ernployee shall pay the full amount of
the onployee's contribution rate to Social Security.

8. DeferredCompensation
Subsequent to the first year of ernployment under this contract, City will deposit to Deputy

City Clerk/Ivlanagement Services Analyst's deferred compensation account via bi-weekly
payroll a performance bonus contribution of up to $4,000 annually.
The City's contribution amount shall be based upon job performance and be dependent upon
receipt of "Director's Title" performance evaluation. The City's contribution amount shall
be determined in the sole discretion of the City Manager and may be less than $4,000.

ln the event this agreernent terminates or is not renewed, Deputy City Clerk/Management
Services Analyst shall be entitled to retain the amount of deferred compensation accumulated
as of the date of termination or non-renewal.

After such time as Deputy City Clerk/Tvlanagement Services Analyst resigns or is terminated,
City shall transfer ownership of any deferred amount on deposit in a deferred compensation
plan to succeeding employers upon "Director's Title" written request.

9. Annual Performance Evaluation
The City Manager and/or their designee shall evaluate Deputy City Clerk/Management
Services Analyst's performance at least once annually. The City Manager and Deputy City
Clerk/Management Services Analyst shall annually develop mutually agreeable performance
goals and criteria which the City Manager shall use in reviewing Deputy City
Clerk/Management Services Analyst's performance in the following year. It shall be Deputy
City Clerk/Management Services Analyst's responsibility to initiate this review each year.
Page | 3

12 - 4

10. Indemnification
City shall defend, hold harmless and indemnifu Deputy City Clerk/Management Services
Analyst against any claim, demand, judgment, or action of any type or kind arising within
the course and scope of Deputy City Clerk/Management Services Analyst's ernployment to
the extent required by Government Code Sections 825 and 995. Notrvithstanding anything
to the contrary in this section, pursuant to Government Code Section 53243.1, if the City
provides funds for the legal criminal defense of Employee, any funds provided for that
purpose shall be fully reimbursed by Employee to the City if Employee is convicted of a
crime involving an abuse of office or position. Employee recognizes that City shall have the
right to compromise and settle all actions or proceedings in which City is providing
Employee a defense, even if Employee objects to such compromise or settlement.
11. Other Terms and Conditions of Employment
The City Council may from time to time fix other terms and conditions of
employment relating to the performance of Deputy City Clerk/Management Services
Analyst, provided such terms and conditions are not inconsistent with or in conflict with the

A.

provision of this Agreement, the Grass Valley Charter or Municipal Code, or other applicable
law.

B.

The provisions of the City's Civil Service Rules and Regulations ("Rules") shall
apply to Deputy City Clerk/Management Services Analyst to the extent they explicitly apply
to the position of Deputy City Clerk/Management Services Analyst, except that ifthe specific
provisions of this Agreement conflict with the Rules, the terms of this Agreernent shall
prevail. Without limiting the generality of the exception noted in the previous sentence,
however, no provision of the Rules or this Agreernent shall confer upon Deputy City
Clerk/Management Services Analyst a property right in his or her employment or a right to
be discharged only upon cause. Deputy City Clerk/Irilanagement Services Analyst is not a
member of the competitive/ classified service and is an "at will" ernployee serving at the
pleasure of the City Manager and may be dismissed at any time with or without cause, subject
only to the provisions of this Agreernent. The provisions of Article IX, Section 2, requiring
a4/5 vote of the City Council to remove a Department Head do not apply to this Agreernent
and are specifically waived by Employee as provided in Section a(D) of this Agreernent.
Notwithstanding any other provision of this Agreernent, Deputy City Clerk/Managernent
Services Analyst shall not violate any policy prohibiting discrimination, harassment,
retaliation, workplace violence, or other similar misconduct as set forth in the Rules and in
federal, state law, and local law.

C.

Deputy City Clerk/Management Services Analyst shall be exempt from paid

overtime compensation.

12. Termination
Deputy City Clerk/Management Services Analyst is not part of the competitive

A.

(classified) service and therefore is an "at will" employee. As an "at will" employee, Deputy
City Clerk/Managernent Services Analyst may be terminated by the City Manager with or
without cause, without right of appeal, and without advance notice or City Council action.
Page | 4

12 - 5

B.

If Deputy City Clerk/Management Services Analyst is terminated by the City

Manager without cause, Deputy City Clerk/Management Services Analyst after termination
will be entitled to up to three months of severance pay at Deputy City Clerk/Managernent
Services Analyst 's base salary rate plus payment in a lump sum of the following: 1) 100%
of any accrued, but unused Personal Leave and vacation leave, if any; and 2) 50% of the
value of unused sick leave, if applicable, to the extent not used for PERS Service Credit,
any. Deputy City Clerk/Managernent Services Analyst shall be entitled to severance pay
under this subsection only upon execution of a claim waiver and release of liability.
Severance pay, if any, shall be paid monthly until Employee is gainfully employed or the 3month limit has been reached, whichever is less. Employee shall provide notification of
gainful ernployment to City immediately upon commencing such employment if such
employment commences within three months of Employee's termination from City.
Notwithstanding anyhing to the contrary in this subsection, pursuant to Government Code
Section 53243.2,
the Agreement is terminated, any cash settlement related to the
termination that Employee may receive from City shall be fully reimbursed to City if
Employee is convicted of a crime involving an abuse of his or her office or position.

if

if

C.

If Deputy City Clerk/Management Services Analyst is terminated by the City for

cause, Deputy City Clerk/Management Services Analyst is not entitled to any severance pay
whether or not advance notice of termination is provided; however, payment for accrued,
unused Personal Leave, sick leave and/or vacation leave, if applicable, shall be paid as
provided in sub-paragraph B above. If Deputy City Clerk/Management Services Analyst is
terminated for cause, Deputy City Clerk/Management Services Analyst must be grven notice
of the cause and supporting evidence. Deputy City Clerk/Ivlanagement Services Analyst is
entitled to meet with the City Manager at which time Deputy City Clerk/Management
Services Analyst may reply orally and/or in writing to the cause and supporting evidence.
The meeting is not an evidentiary hearing. There is no right to appeal the City Manager's
decision. The City Manager's decision is final, and nothing in this subsection shall be deemed
to impose a "for cause" requirement to terminate Employee's ernployment with City. The
specification of causes for termination below is solely for the purpose of determining whether
Employee is entitled to severance pay. For purposes of this Agreernent, the term "for cause"
shall include, but is not limited to, any of the following:

(a) use of alcohol or drugs that impedes performance of duties;

(b) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict
of guilty or a conviction following a plea of nolo contendere is deerned a conviction
for this purpose);
(c) a proven claim of either sexual harassment or abuse of employees in violation of
law or adopted City policy;
(d) willful and repeated failure to carry out the lawful directives or policy decisions
of the City Council; or
(e) willful abandonment of the position or continued and unexcused absence from
duty.

Page | 5

12 - 6

D.

Deputy City Clerk/Management Services Analyst may voluntarily terminate his or
her ernployment, by resignation or retirement or some other similar manne,r, upon at least
one-month notice. In this circumstance, Deputy City ClerVManagement Services Analyst is
not entitled to any severance pay.

E.

In the event an Employee dies while employed by the City, his/her beneficiary or
those entitled to his/her estate shall be paid for any earned salary and any in lieu payments
for personal leave and any banked vacation or sick leave at the rates established in this
Agreernent to which the Employee is entitled as of the final day on City payroll. City may
request appropriate documentation to ensure such persons are beneficiaries or otherwise
entitled to participate in Employee's estate.
13. Compliance With Law
This Agreanent is subject to all applicable provisions of federal, state, and local laws,
including the Grass Valley Municipal Code, except for the application of specific provisions
of the City Charter which are waived as set forth herein.
14. General Provisions
This Agreernent constitutes the entire agreement between the parties. City and

A.

Depury City Clerk/tr{anagement Services Analyst hereby acknowledge that they have
neither made nor accepted any other promise or obligation with respect to the subject
matter of this Agreanent.
B

If any provision or any portion of this Agreernent is held to be unconstitutional,
invalid or unenforceable, the rerninder of the Agreernent shall be deerned severable
and shall not be affected and shall remain in full force and effect.

C

Any notice to City pursuant to this Agreement shall be given in writing, either by
personal service or by registered or certified mail, postage prepaid, addressed as
follows:
City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA95945
Any notice to Deputy City Clerk/Managernent Services Analyst shall be glven in a like
manner, and, if mailed, shall be addressed to Deputy City Clerk/Managanent Services
Analyst at the address shown in City's personnel records. For the purpose of determining
compliance with any time limit stated in this Agreement, a notice shall be deemed to have
duly given (a) on the date of delivery, if served personally, or (b) on the second (2nd)
calendar day after mailing, if mailed.

D

If an action at law or in equity is necessary to enforce or interpret this Agreement, the
prevailing party in that action shall be entitled to reasonable and actual attorneys' fees
and costs with respect to the prosecution or defense of the action.

Page | 6

12 - 7

E.

A waiver of any of the terms and conditions of this Agreement shall not be constnred
as a general waiver and either party shall be free to e,nforce any term or condition of
this Agreement with or without notice to the other notwithstanding any prior waiver
of that term or condition.

15. Amendments
This represe,nts the entire agreement between the parties. Amendments to this agree,ment
may be made at such times as approved by the City Manager and Deputy City
Clerk/Ivlanagement Serrrices Analyst and shall be in writing.

Dated:

Tim Kiser, City Manager

Dated:

Taylor Day, Deputy City Clerk/Ivlanagement
Services Analyst

Approved as to form:

Dated:_
Michael G. Colantuono, Crty Attomey

PagelT

12 - 8

AppendixA.CompensationandBenefits
Life Insurance and Long Term Disability,

EAP,.Retiree Health

Plan,otherBenefits,andSpecialProvisions
Employee contributions towards health
rules.

benefits are on a pre-tax basis and subject

to IRS

B. LIFE INSURANCE
to the
benefits for the Employee' without cost
The city shall provide term Life insurance
dollars ($200'000)
annual ,utui"f1o,yo fun{rea ihousand
Employee, of 1.5
"i,
Employee's spouse and fifteen
for the Employee, five thousand dollars ?SS,'OOOI -f91-the
without cost to the employee'
a"p*dtnt
hundred dollars ($1,500) for eligible

,i-.rit

"hildt"n

protection rnsurance
the Employ*
The City shall provide without cost to
T^'-LT*e
and two thirds
Employee's income to a maximum of sixty-six
program that shall
of six thousand dollars ($6'000) in calculated
(66213%)of monthly earnings with u ""itirg
il"d by the master agreement with the
base. conditions of coverage shall be "orrt
insurance company.

;;;*

provides
Assistance Program. This program
The City has an established Employee
and their iamilies. The Employee Assistance
confidential counseling herp ror "mptoyees
program provides for up to 3 visits'

from the
Plan on or before July 1 'z}ll'who retire
Employees who become subject to this
to
year,sof Grass valley service, who elect
nre
truri
at
standi;;;;i,;i.r"
good
in
city
to
*rro arl of full retirement age shall be entitled
retain calpERS medical coverage ana
as
time
prerniul for.a single party until such
payment of up to $500;;*as itre CaffnS
Medic;;;r is hired and has healthcare coverage available
the Employee is eligible to receive
from the new emPloYment'
the city in
Plan after July 1, 201l' who retire from
Employees who become subject to this
VuU"y service' who elect to retain
good standing, who have ai least ten V"*-

"iCt""

CaIPERSmedicalcoverageandwhoareoffullretirernentageshallbeentitledtopayment

12 - 9

Appendix A - compensation
of up to $250

and Benefits

'o*T9t lhe.car-r-r\t
T*,yr.to1 u singre-partv unt, such time as the
vr"ailul."
o, is hired *J r,7, hearthcare

ffX'iil"T",i:H;ilil#"i'"

coverase ava,abre

If the Employee so desires,

]ris{rer spouse may be added at the additional cost difference
of
pays rhe air"r"*". Ifthe
a health pran that costs inair'-"
Emproyee retiree serects
less ,r,unrri" 6ity;,
wil not be erigibre to receive
the cash difference-- arl premium
con]oilutiorr;;il;;eived
one month in advance and
it is the responsibili'/ ,h; Eill";ee
retiree to
that the city receives payment.
".f
in a tim}f "*rr" (i e, within.:o
duy, ordue date)
the Employee plus one

il;6*

l"r,riurr*;q

Iiil[:Ji,ff'#il1T?;:?:H'fiil;

;;;;

Employees waiving health
care coverageshall receive
two hundred fifty dollars ($250)
month less the cost of any
per
elected oJr',ut or visitn
per month unt, erigibre
Medicare or is hired *a'rtut
for
coverage availabre. from
the new ernproyment.
health
;;-;;..se must produce evidence
through
Emplovees for waivinjmedical
inrur*.JJrerage shall
be paid in a lump *I,,T:I;:t

;;;;.

nt;;;;."

.*;

"Trri:m#,Hy

"i ,r;;ce

ff:

Personal Leave

[*iffiT;:ll.:T:#j:ffi;J: provide Emprovees the ablirv to accrue time ror vacation, sick
Employees shall accrue Personal

Leave hours at a rate of no

Iess than256hours and no

more than
if'3inffiIHffi :f"1i:H;1."1;ffh;H,,t"iao*-on*;;;,;;*,h(1,26);i;;;h"

No Employee mav-carry a
balance of more than 520hours
of their personal Leave. Employees
have accumulated 520 hou,,
who
;irtr*r"1^r*u"
turth", p;;;;u] r.uu" unt, they
used Personal Leave in an
have
amouri rrmri"ra;il;;ir,'"i,
u.ru-ut;,"J8;"nar Leave barance
below 520 hours' Employees
up to r6d hour. of accrued personar
compensation once each year' po.onai
Leave to salarv
Leave.or""r.ioni-run,u*i,,;;;iioo
be submitted by Decemlet
rror.,
to sarary muJt
zo,r,""i:r"ch year. roo7,
Leave hours in excess of
mav be converted to bankeJ"ip*ronar
the
.ERS ,"*ir"
i,
u."oraance with
"i"iii

*jrr;;'.;r"

t', t"r*n

ffiTill'rfi:ffi1ff*"t

Employees who become subject
to this plan after July l, 201I
vacation Leave, sick-Leave
must convert all accumulated
hours of sick Leave or vacation
combined in excess of 520
Leave
hours
placed i" si.r.ieave
and vacation Leave bank
to be utilized bv tle_lTprov*,
account
"
o.-pujd.out
from
converted to banked PERS
forth herein, or
service ttiJit in u""orauoJ*ui,r,
curprns.eguiailr.. upon separation
from service' the cityshall
ou""*r*ee
a one-time rump sum carcurut"d
orthe emprovee's uanrea
on Fifty (s0%) percent
ii;"lii;;";;;'"r"ii'flor"o

i;;;p;;ffi;;:hiJJJ
*liil"
rp;;;;;ti-on

un;;

r;;;;;.set

(lilt;;.#

orthe emproyee,s

12 - 10

Appendix A - Compensation and Benefits
banked Vacation Leave. (For example, if an ernployee is compensated for 450 hours of sick leave at
the 50% rate, the uncompensated225 hours would go to PERS service credit as allowed by PERS.)

Employees will accrue Personal Leave time at the following rates:

I toZ years ofcity service :256 hours

2 plus years to 5 years :272 hours (10.46 hours biweekly)
296 hours ( I I .38 hours biweekly)
5 plus years to I 0 years
:320
hours (12.31hours biweekly)
l0 plus years to 20 years
20 plus years: 336 hours (12.92 hours biweekly)

:

After 2 plus years of city serviceo credit for prior public service may be included for purposes of
calculating annual time subject to the City Manager approval. Prior public service shall be similar
in nature to the duties being performed by the Employee for City to be eligible for this benefit.

Certifications
The City shall pay the costs associated with obtaining and maintaining special certificates that are
required by the State of California, the City of Grass Valley or any governmental agency to obtain
and maintain as a condition of employment.

Holidays
Employees are entitled to 12 paid holidays as listed below.
Recognized Holidays shall include:

New Year's Eve
Presidents Day
Martin Luther King Day
Mernorial Day
July 4th
Labor Day

New Year's Day
Veterans Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Eve
Christmas Day

A paid holiday is equivalent to eight hours, for a total of 96 hours per year. Holiday hours are
accrued outside of Personal Leave, must be used within the calendar year accrued. Unused holiday
hours may not be carried over into any subsequent calendar year or "cashed out."

Special Provisions
A. PUBLIC SAFEry UNTFORM ALLOWANCE
The Police Chief and Fire Chief shall be provided a uniform and cleaning allowance. The
amount of the benefit will be the same as established under Unit 6 for the Police Chief and
under Unit 8 for the Fire Chief.

12 - 11

Appendix A - Compensation and Benefits
B. VEHICLE ALLOWANCE
The Police Chiel Fire Chief and Public Works Director shall be provided a vehicle. Other
Employees may be granted a car allowance subject to the City Manager's approval and in
accordance with City adopted policies. Employees will have access to City'?ool" vehicles
for conducting City business or will be eligible for mileage reimbursement for personal
vehicle use when conducting City business in accordance with City adopted policies.

C. TRAININGA{EMBERSHIPS
Employees shall be entitled to haining, fravel, workshops, and professional memberships,
for the purpose of personal growth and enrichment subject to the annual amounts budgeted
each year in the respective department for this purpose. City agrees to reimburse Employee
for reasonable expenses for training, travel, workshops and professional mernberships which
have been authorized by the City Budget and approved in advance by the City Manager.
Employee must submit expense receipts, stateurents or personal affidavits, and audit thereof
in like manner as other demands against the City.

D. PUBLIC EMPLOYEES RETIREMENT SYSTEM

All Employees will be members of the Califomia Public Employees Retirement System as
provided by the terms of the contracts between the City of Grass Valley and the California
Public Employees Retirernent Systern.

Schedule

Police Chief

s

Fire Chief

$

Administrative Senrices Director

$

Community Development Director

$

Public Works Director of Operations

$

$
122.500.00 $
t22.s00.00 $
114,843.75 $
114,843.75 $

City Clerk

$

76,562.00

Deputy City Clerk/Managonent
Services Analyst

$

68,906.25

133.984.38

$
140,000.00 $
140,000.00 $
131,250.00 $
1s3.125.00

185,000.00
170,000.00

t20,000.00
160.000.00

131,250.00

$

160.000.00

$

88,281.00

$

100,000.00

$

79,453.13

$

90,000.00

12 - 12

City of Grass Valley
JOB DESCRIPTION

Deputy City Clerk/Management Services Analyst
Department: City Administration

FLSA Status: Exempt

Reports To: Gity Manager

Unit: Gontract (At WilU

SUMMARY OF JOB PURPOSE
This is a full-time, salaried, executive level position in the City Manager Department. The Deputy
City Clerk/Management Services Analyst serves at the pleasure of the City Manager on a contract
basis (at will) and receives administrative direction from the City Manager.
The purpose of this position is to prepare and maintain official municipal records, provide
information and support, and provide professional-level administrative and supervisory support
for the management and operations in assigned area. The position is responsible for municipal
records, including, but not limited to agendas, minutes, records management, document imaging,
Conflict of lnterest and Financial Disclosure Statements, and elections; customer service for the
area of responsibility, analynng related information, researching and collecting data, preparing
various reports and grants, coordinating administrative processes, making recommendations for
the management of associated activities, developing and recommending improved systems and
procedures, and assisting in developing and overseeing programs and projects. This position shall
coordinate assigned activities with other city departments and outside agencies; and to provide
highly responsible and complex administrative support to the City Manager and the City Council.
The Deputy City Clerk/Management Services Analyst is responsible for carrying out the mission
of the City in conformance with City of Grass Valley organizational values.

SUPERVISION RECEIVED AND EXERCISED
The Deputy City Clerk/lr4anaganent Services Analyst class position receives general supervision
from the City Manager. Direction received varies by assignment. Incumbents exercise supervision
over para-professional, technical, and/or administrative ernployees.

ESSENTIAL FLJNCTIONS (include but are not limited to listed tasks)
1. Serve as a member of the City's management team; provide information and
recommendations regarding operations; assist in making decisions related to all facets of
municipal government.
2. Coordinate with other departments in preparing agendas for City Council, and Planning
Commission (others if applicable); assemble, distribute, and post meeting agendas, agenda
packets, and other material.

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. lt is not designed to cover or contain a
comprehensive listing of activities, duties, or responsibilities required of the incumbent. lncumbent may be asked to
perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.

Page 1 of8

12 - 13

City of Grass Valley
JOB DESCRIPTION

Deputy City ClerUManagement Services Analyst

3. Attend meetings as assigned; take and transcribe City Council and other assigned meeting
minutes; maintain subject index records for future reference of actions taken at City
Council and other meetings.
4. Prepare and distribute updates and revisions of City Council policy and those of City
boards, commissions, and committees.
5. Respond to inquiries from the public by letter, ernail, telephone, and in person regarding
City Council actions and records; research information for the public or city staff when
necessary.
6. Compose and schedule legal notices for publications; prepare and distribute certified copies
of city documents.
7. Maintain administrative files including historical legal documents, Resolutions,
Ordinances, agreements, deeds, and contracts; retrieve, destroy, and store records
according to policies and procedures including but not limited to the adopted Records
Retention Schedule.
8. Maintain records of all appointments to city commissions and committees.
9. Prepares and monitors budget for the City Clerk's Office.
10. Receive and process claims for/against the city, sealed bids, and appeals for City Council
and Planning Commission agenda items.
I l. This position is the city's elections official; issue nomination papers to candidates and
explain requirements and the elections process; and maintains candidate logs pursuant to
the Fair Political Practices Commission (FPPC).
12. Select, train, and evaluate personnel; establish and monitor anployee performance
objectives; prepare and present employee perfiormance reviews; provide or coordinate staff
training; work with employees to correct deficiencies; implement discipline and
termination procedures.
13. Maintain Conflict of lnterest and Financial Disclosure Statement of all elected officials,
commissioners, designated staff, and contractors in accordance with laws and regulations.
14. Maintain and update the city's Municipal Code Book including publishing Ordinances
once adopted.
15. Accept legal documents on behalf of the city.
16. Maintain custody of the seal of the City of Grass Valley.
17. Give the Oath of Office to elected officials and employees.
18. Acts as Public Information Officer and Information Center for all City departments.
19. Manages the City's website and publishes ordinances and official notices as required.
20. Maintains a positive and cooperative working relationship with the public, elected and
appointed officials, news media and staff.
2l . Schedules appointments, meetings, travel arrangements as needed for the City Council and
the City Manager.
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. lt is not designed to cover or contain a
comprehensive listing of activities, duties, or responsibilities required of the incumbent. lncumbent may be asked to
perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNIW EMPLOYER.
Page 2 of 8

12 - 14

CiW of Grass ValleY
JO-B DESCRIPTION

Deputy Gity ClerUManagement Services
system including
Z]-.N'taintains secure record keeping

Analyst

orderly retention, indexing, copying

and

verification duties or action relating

,r.3',t;l[':#,;f'ffi:?3,t;cords and performs other
to City documents
- r -^^-ri-^+ac

d celebrations.

which
24.PrqarespublicserviceannouncementsandcoordinatesCityceremonlesanl
stud;;and.r*"y, in difficult or complex situations
and
policies
25. conduct and review analytical
formulate procedures'
j.rdgninla;J
i.rrr
high
a
and
require
"*ptnit";
"ir[i[,
on u broad spectrum of administrative
program alternatives; make ,."orn**autio"'
performance audits,
productivity and efficiencv studies,
26. BTffffi-:"H*,1'x,1:tcomplex
*irvrrs of organizationsysterns and procedures;
management r*il*. *a aaminiitra]i""
with appropriate staff'
prepare r""o**"nJ;it* and confer
coordinate studies across
areas of department as directed;
all
in
.p""iui-rtodies
Conduct
27.
program areas'
responses and/or
and regulations; develop required
to
28. Analyze federal and state statutes
various statewide asiociations applicable
departm."t'
state
ruriou,
for
proposals
assigned work unit or dePartrnenl
pt*, relative to new program implementationofrequirements'
2g. Develop
staff resources'
.ePorir for application
statistical tracking
Develop
30.
""'
identified'
uppfi.uiion of tunding or olhqt as
schedules
i*pr"r"."tution or goars and objectives; establish
31. Recommend and assiit in the
fun.tio,,,; implement policies and procedures'
and methodr il;;i;istrative
and operating procedure manuals'
use'
32. Develop and -rrr,.i" regulations
p-..arrer, fJrms and instructions for intemal
33. Design and recommend systernr,

*i

i*pl;;;;on

,v.,#.

-;J

contracts with
; parti cipate in. negotiatingliabilities
of the
3i : ilxl:Lfl:;:lr,l:","r#t'
*onitor fiscal and legal
consultants
vendors,
outside
", "tg"'i'"tio""
same.
to the Pub lic; investigate comPlaints and
information
provide
and
questions
36. Answsr
corresPondence as needed.
recommend corrective action as necessary; Prepare
37. Train and lead subordinate staff.
improvements
of assigned responsibilities ; recommend
38. Evaluate oPerations and activities
efficiencies'
and modifications to increase work
e-mail, and
the Public at the counter' via telePhone,
to
direction
and
information
39. Provide
building,
CitY's Processes including planning,
written corresPondence related to the
and zoning matters'
engrneenng, public works, utility ,
submittal requirements
and plan submittals to assure basic
40. Review aPPlications' documents
criteria.
are provided based on established

s*fl#:ffi*

tunctions (as
skills' abilities and other essential
general the nature and levels of work,
in
or contain a
cover
indicates
to
job
designed
descriPtion
not
This
exPected of the incumbent. It is
Act)
Disabilities
asked to
with
be
may
covered under the Americans
of the incum bent. lncumbent
duties, or responsibilities required
activities'
of
listing
EMPLOYER.
comprehensive
OPPORTUNTTY
CitY of Grass ValleY is an EQUAL
perform other duties as required. The
3 of 8
Page

12 - 15

City of Grass Vaflev
JOB DESCRIPTIOIi

Deputy city creruManagement

Services Anaryst

41. Receives and responds
to requests for City records
and documents; converts
records into digital formats;
hardcopy
indexes digital records
mto an electronic records system;
maintains electronic and hardcopy
files; files and retrieves record
42.May serve as custodian of
copies as necessary.
petty cash; assumes responsibility
petty cash distributi ons;
for
mamtai rung records of
reconciles petty cash ensures
;
ample supply ofcash on
43. Monitors work acti vities
hand
to ensure safe practi ces, quality
and accuracy; ensures compliance
to applicable rules, policies
and procedures.
44. Analyze progftrm activities
and deverop corrective
actions in conjunction with
management staff,
city
45. Work directly with
City vendors to manage customer
issues and to improve customer
service.
46. P.rovides training for
Community Services Analysts
(I/II) and other staff on permit
othe-r front counter processes.
and
47 Perfbrms related duties
as assigned.

Knowledge of
l
Functions and organizations
of carifornia Locar Government.
2' Modern principre-s *a
and supervision.

'

prr.ii""J#9d;;;;"";;

i5' ffi ;A: i*til' "il,p"*r.r",, iffiTi*",;""
*'f

","r,u,io,.
Ralph M. Brown Act, poriticai;;f"*,
Act
of 1974 anderection raw.
Principles and

6'

techniqd;i;l;iri.,r"tt";,#il;induaing

workflow and rayout, work

7

simprification ana ,yriem.

1".1;1il1ff!",.il*I"' "ir"cat orainan;;; rures and ,.grrution, rerevant to

8. Office procedures, methods and

e

flTffi'#11res,

computer equipment.

Rroced*.i'*?*;tnoa, uriJr;';h" performance

10. Operations, service.s

I

;orkroad measurqnent,

and procedure anarysis.

of customer service

and activities of the City.
l Methods and techniqr",

12. Principles and orocedures,i#;;jleeping
"ipr"poifror" etiquette.

and filing.
g;;;;d
punctuation.
4. B
s etter *ritire";a-i".
Jr;rt preparati on.
l5' Planning,
13. English usage, speiling,
I

u s i n es

I

i

buirding, and pubric;;.f; permit

approvar processes and procedures.

Skills in:

12 - 16

CiW of Grass ValleY
JO-B DESCRIPTION

Deputy City ClerUManagement

Services Analyst

provisions
understanding, and implernenting

l.
)
J.

of applicable codes' ordinances

Reviewing,
*J tlgrr":itons enforceable by the City;
and departmental policies;
Applying laws, regulations, codes
needed tasks;
n.*grra"g, prioritizing and accomplishing

4. Researching,preparingunawritingclearandconcisetechnicalreports'

Ability to:

l.

on a continuous basis, know and

understand all aspects of the

job; analyze work papers'

reportsandspecialprojects;identif,,andinterpretllctrnicalandnumericalinformation;
and interpret policy; obserrre
YfGandrules
know laws, regulations u,a .oir.;1".t*Uopolicy
procedures'
technical
and problern rSw" opoutional.and'
poiod' of time or in meetings; intermittently
2. on a continuous baiis, sit at dJ i;;i;g
ri*ptt qasnin' and. fine manipulation;
a.rd,pttf.ttn
.*o.rffi
equipment
reach
to
twist
written means; and lift
io
tt"|Uoard
u
or.
or
write
and
use telephone,

"o,,*"'iiut"-tt''*gf,

of proposed
light weight.
solutions' project consequences
alternative
identiff
problems;
Analyze
in support of
--..:.J
actions, and implement recommendations
a high level of
or complex si-tuations, requiring
difficult
in
studies
4. conduct administrative
skill, judgernent and exPertise'
through
5.Understandandinterpretcomplexrulesandprocedures...:-.^
inariara. and groups; gain cooperation
6. Negotiate agreernent between ili;rtrrg
discussion and Persuaston'
policies' guidelines and procedures'
Develop *?^r'ipf
7
"tt*i
8. Supervise, train and evaluate staff'managsment problems'
and other
g. Analyze
reports and various proposals'
10. Analyze budgets, grants'
caiculations accurately'
perform cornplex mathematicJ*Jttutisticai
most likely
1I .
Oata and present in form
and
oir"*.r"t;
method
eltective
Determine
12.
"ompite
to enhance understanding'
and surveY instruments'
13. PrePare effective questionnarres
14. Design forms and Procedures
and effective manner
and ethnic groups rna tactful
deal firmly and
15. Work with various cultural
ew; handle multiple assignments;
intervi
through
information
16. Obtain
courteouslY with the public.
proper course of action
and objectivelY and to determine
quicklY
situafions
AnalYze
17.
orallY and in writing.
clearlY and conciselY , both
1 8. Communicate
changing Priorities and deadlines
I 9. Plan and organize work to meet

3.

goals.

.

.d;;;;ti"

12 - 17

City of Grass Vallev
JOB DESCRIPTIOIiI

Deputy City ClerUManagement

To perform this job successfully,

satisfactorily' Reasonabrt

Services Anatyst

the incumbent must be

to perform each of the
essentiar duties
u"*t-oiuilon. may be madeabre
toenabre incumbents witn
aisau,ities to
ffiilJ1il'rtr'::f"ti"t"illi"q,i.""*,. ii*J *" representarive orthe knowredge,

ski,

12 - 18

Citv of Grass ValleY
JO-B DESGRIPTION

Deputy City ClerUManagement

Services Analyst

J.

4.

EDUCATION AI{D EXPERIENCE

,;i.J;,,'ffi11if,1"I#iepg and
abilities is qualiffing. A typical

way

knowledge and
that would provide the required.
would be:
Tfnins
requirld tno*ledge and abilities

to;#;h"

conducting detailed
responsible work experience
increasingly
of
years
Three
Experience:
of findings *ith t"***endations'
-i.
analysis requiring
obtain certification from the
possession of or the ability to
and
experience
(cMc)'
Local govemment
u, u certified Municipal clerk
rntemationur
with major
accredited college or university
degree
Bachelor,s
a
rorr,
science or a
Training: Equivarent to
government' political or social
admin]istration'
[rrin..,
course work in
"i
related field.
license as required by the
ne9{ t9 possess a valid driver's
be required'
License or Certilicate: May
medical clearance may also
,"t i.r.

ffi#i;;"ri;;;;i";

rnrtitoi"iidil;"iaililiiilsi

*

,r,li,

position. rroof oraiffi,

ilJ;;;;d

Possessionof,orabilitytoobtain'certificationasaNotaryPublic'
as the need
GENERAL
classification duties and responsibilities
o1:hange
revise
to
right
the
The city reserves
or implied contract of employment'
rot.orrrtitoir?*ritt"n
descriptlorioo..
This
arises.
of this
and I have received a copy
the contents of this job description,

I have read and understand
job descriPtion for mY records'

12 - 19

Clty of Grass Valtev
JOB DESCRIPflO{

Deputy Gity creruManagement

services Anaryst

Print Name:

Adopted:
Revised:

12 - 20

City of Grass Valley
Gity Council
Agenda Action Sheet

Council Meetine Date: November 24,2020

Date Preoared: November 18,2020

Prepared bv: Thomas Last, Community Development Director

JL

!!!!g: Provide direction on the implementation process for the new cannabis ordinance.
Recommended Motion: That Council provide direction on the items below related to the implementation
and screening plan for the cannabis ordinance.

Agenda: Administrative
Backsround Information: At the Council meeting on November 10, 2020, staff noted the need to
establish an implementation plan for the new cannabis regulations. Staff proposes to create a two-step
process to screen, rank, and select proposed cannabis businesses. This process is similar to what Nevada
City and many other cities have implemented. The first step is to conduct an initial screening and ranking
of the applications, and then select the approved applicants. The second step allows the selected applicants
to submit a formal application. Staff requests Council direction and/or support for the following items:

l. Staffwill establish a scoring system for each of the cannabis business types. The criteria and point
system will include broad categories such as: a) qualifications of the ownership; b) proposed

2.

business plan; c) community benefits; d) neighborhood compatibility; and e) security plan.
Staff proposes to use an independent selection committee appointed by the City Manager to rank

and select the applications that can move forward in the permit process. Staff proposes the
committee include no more than one city staffmember and 2 or 3 members of the public that are
not associated with the cannabis industry.
3. Create a formal application to be submitted by the selected businesses that have been approved
under #2. This will require an applicant to provide more detailed information than required in #1.
4. Staffproposes Council adopt two fees: one for the initial screening process, and one for the formal
application forthe top-ranked businesses. This will either be a deposit-based fee or one established
through a study.
5. Staff would conduct a public workshop to obtain comments and input on the initial screening
criteria and the formal permit application packet in # 1 and #3 above.
6. Establish a submittal period (e.g. 60 days) to submit screening applications noted in #1.
7. Staffrecommends that applicants do not need to have a secured physical location until after they
are selected as an approved business under #3. If selected, the applicant must secure a site and
receive all City permits (except a building permit) and state license approvals within 6 months.

Council Goals/Obiectives: The item executes portions of work tasks towards achieving/maintaining
Strategic Plan - Economic Development.

Fiscal Imoact: The processing of this application will be funded by the General Fund.
Funds Available: General

Fund

Account #: 100-5105

Reviewed bv:

lr,vlClty Manager

_

Finance Director

GIWPDATA\!COUNCIL MEETINGS AGENDAS\2020\11.24.2020\AAS CDD Cannabis implement guide.docx

Agenda Item #

13 - 1

City of Grass Valley
City Counci!
Agenda Action Sheet
Council Meetins Date: November 24,2020

Date Preoared: November 19,2020

Prepared bv: Thomas Last, Community Development Director A-

Title: Informational item on the award of $3,499,281 for the2020 Community Development Block
Grant (CDBG) for improvements to Memorial Park.
Recommended Motion: Informational item only. no action is required.

Asenda: Administrative
Backsround Information: At the meeting of January 14,2020,the City Council authorized staffto submit
a CDBG application to complete several upgrades and improvements to Memorial Park. The Council also
approved a resolution authorizing the Community Development Director to sign all agreements should the
grant be awarded. In September, the City received notification that the application was approved, and we
would be awarded the grant. On November 17, stafffrom the State Housing and Community Development
Department (HCD) informed the City that the standard agreement was ready to sign. Staff has signed the
agreement which starts the 90-day period in which we must complete a bid packet for the improvements.
The park improvements will include:

l. Renovation of the existing pool and construction of a separate 1,000 sq. ft..+l- pool to host a
variety of swim lessons and senior activities.
Extension of the road to connect Central Ave to Race Street that includes additional parking.
3. Demolition of the clubhouse and construction of a new recreational center.
Rehabilitation of the softball field.
5. Construction of a basketball court and two pickleball courts.

2.
4.

Council Goals/Obiectives: The CDBG application fulfills Recreation and Parks objectives outlined
in the adopted Grass Valley Strategic Plan.
Fiscal Imnact: The grant willfund the improvements at Memorial Park
Funds Available: Yes, with the CDBG grant and Program Income funds

Account #: TBD

Reviewed bv:

ruLcity Manager

G:\WPDATA\ICOUNCIL MEETINGS AGENDAS\2O20\I I .24.2020Wction Sheets\AAS CDD CDBG update.docx

Agenda Item #

14 - 1

City of Grass Valley
Gity Council
Agenda Action Sheet
Council Meetine Date: November 24,2020

Date Prepared: Novernber 19,2020

Prepared bv: Andy Heath, Finance Director

I!!!g: Grass Valley Police Officer's Association - July 1,2020 - June 30,2021
Recommended Action: It is recommended that the City Council:

l. Adopt Resolution No. 2020-60 approving the Labor Memorandum of Understanding for a oneyear period beginning July l, 2020 through June 30,2021 between the City of Grass Valley
and the Grass Valley Police Officer's Association (Unit 6).

Aeenda: Administrative
Background Information: Over the course of the last few months, the City's labor
negotiations team has been meeting with representatives of Grass Valley Police Officer's
Association ("GVPOA") ("Unit 6") to come to an agreement on terms and conditions for an
updated Memorandum of Understanding ("MOU") effective July 1,2020. The City's labor
team and Unit 6 have concluded the negotiations process; and Unit 6 has duly ratified the
updated provisions to the MOU which are now being recommended for City Council approval.
Updated provisions to the MOU and annual estimated fiscal impacts include the following (GF:
General Fund / MEF: Measure E Fund):

MOU Provision

Estimated Annual
Incremental Cost

1. Term of Agreement - July 1,2020 - June 30,2021

nla

2. Updated union access language

nla

3. Addition of longevity pay of 2.5o/o for completion of l0 years
4. Updated language for elective cash out provisions
5. Clarified disciplinary process language
6. Addition of a Cost of Living Adjustnent (COLA) effective

. July 1,2020 @ 12% for offrcers
. July 1,2020 @ 13% for sergeants

s24,454 GF / $5,675 MEF
nla
nla
$133,2t7 GF / $93,859 MEF
$68,788 GF

$226,519 (General Fund)

TOTAL INCREMENTAL AI\INUAL COST:
$99.534 Meas. E Fund)
Agenda ltem # 15 - 1
G:\WPDATA\ICOLTNCIL MEE'TINGS AGENDASUO20\I 1.24.2020\Action Sheets\I5. GVPOA Unit 6 MOU FY 2020-21 I l2420.docx

City of Grass Valley
City Council
Agenda Action Sheet

Council Goals / Obiectives: The approval of an updated labor MOU between the City and Unit
6 executes portions of work tasks towards achieving / maintaining (1) a Productive and Efficient
Workforce, and (2) Community Safety.
Fiscal Imoact: The estimated incremental annual costs of $226,519 effective July 1, 2020 borne
by the General Fund will be offset with funding made available by keeping 2.0 FTE Police
Officer positions vacant for an indefinite period of time. The estimated incremental annual costs
of $99,534 borne by the Measure E Fund will be added the base amounts appropriated in FY
2020-21 and future years.

Budget amendment(s) will be recommended with the FY 2020-21 mid-year update to be
considered by the City Council in February 2019.

Blcity Manager
Attachments:
Resolution No. 2020-60 - Approval of GVPOA Memorandum of Understanding
Memorandum of Understanding - City of Grass Valley and GVPOA

Agenda ltem # 15 - 2
GIWPDATA\ICOUNCIL MEETINGS AGENDAS\2020\I1.24.2020\Action Sheets\I5. GVPOA Unit 6 MOU FY 2020-21 I l2420.dccx

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF GRASS VALLEY CITY COUNCIL
AND
THE GRASS VALLEY POLICE OFFICERS’ ASSOCIATION
FOR AND ON BEHALF OF
THE EMPLOYMENT CLASSIFICATIONS IN THE
CITY’S UNIT #6
POLICE SERGEANT/POLICE OFFICER/POLICE OFFICER TRAINEE
Effective July 1, 2020 – June 30, 2021

TABLE OF CONTENTS

15 - 3

ARTICLE
PAGE
ARTICLE 1 - RECOGNITION................................................................................................ 1
ARTICLE 2 - SUPPORT OF AGREEMENT......................................................................... 1
ARTICLE 3 - ASSOCIATION RIGHTS AND DUES DEDUCTIONS ............................... 1
ARTICLE 4 - PROCEDURAL PREROGATIVES ................................................................ 4
ARTICLE 5 - HOURS OF WORK AND BASIS OF COMPENSATION ........................... 5
Pay Periods....................................................................................................................... 5
Work Periods ................................................................................................................... 5
Calculation of Compensation........................................................................................... 5
Work Shift ........................................................................................................................ 5
ARTICLE 6 - OVERTIME; CALLBACK; STANDBY; COURT TIME;
SPECIALTY PAY ..................................................................................................................... 6
Overtime .......................................................................................................................... 6
Policy ............................................................................................................................... 6
Defined ............................................................................................................................. 6
Authorization of Overtime Work ..................................................................................... 6
Reporting Overtime ......................................................................................................... 6
Fringe Benefits Not Affected by Overtime ...................................................................... 6
Compensation for Overtime............................................................................................. 6
Callback Time .................................................................................................................. 6
On Call Pay ...................................................................................................................... 7
Standby Time ................................................................................................................... 7
Court Time ....................................................................................................................... 7
Specialty Pay.................................................................................................................... 7
Educational Incentive and POST Incentives.................................................................... 8
Longevity Pay .................................................................................................................. 9
ARTICLE 7 - LEAVE ............................................................................................................... 9
Absence from Duty .......................................................................................................... 9
Sick Leave ........................................................................................................................ 9
Extended Medical Leave................................................................................................ 10
Bereavement Leave ........................................................................................................ 11
Vacation Leave .............................................................................................................. 11
Holidays ......................................................................................................................... 12
Jury Duty ....................................................................................................................... 12
Community Service and Professional Organization Participation................................. 13
Family and Medical Care Leave .................................................................................... 13
ARTICLE 8 – RETIREMENT BENEFITS .......................................................................... 14
New Member Employees - Defined .............................................................................. 14
Classic Member Employees – Defined .......................................................................... 14
New Member Retirement Benefits ................................................................................ 14
New Member Retirement Contributions........................................................................ 15
Classic Member Retirement Benefits ............................................................................ 15
Retirement Benefits – Tier 1 .......................................................................................... 15
Retirement Benefits – Tier 2 .......................................................................................... 15
Classic Member Retirement Contributions.................................................................... 15
ii

15 - 4

Social Security ............................................................................................................... 15
Supplemental Retirement Benefits ................................................................................ 15
Retiree Health Insurance Benefit ................................................................................... 16
ARTICLE 9 - SALARY SCHEDULE.................................................................................... 17
Salary Schedule ............................................................................................................. 17
Salary Adjustment .......................................................................................................... 17
Shift Differential ............................................................................................................ 17
Rules for Use of Salary Schedule .................................................................................. 17
ARTICLE 10 - HEALTH AND WELFARE ......................................................................... 18
Insurance Benefits .......................................................................................................... 18
Gym Membership .......................................................................................................... 19
ARTICLE 11 - SCHEDULING OF SHIFTS ........................................................................ 19
ARTICLE 12 - UNIFORMS ................................................................................................... 19
ARTICLE 13 - RESIDENTIAL MILEAGE RESTRICTION ............................................ 20
ARTICLE 14 - VEHICLE USE .............................................................................................. 20
ARTICLE 15 - REDUCTION IN FORCE & RE-EMPLOYMENT .................................. 21
Layoff/Furlough Provisions ........................................................................................... 21
Treatment of the Employees Laid Off ........................................................................... 21
Seniority ......................................................................................................................... 22
ARTICLE 16 - DISCIPLINARY ACTION........................................................................... 22
ARTICLE 17 - GRIEVANCE PROCEDURE ...................................................................... 25
Definition ....................................................................................................................... 25
Procedures ...................................................................................................................... 25
Informal Grievance ........................................................................................................ 25
Formal Grievance........................................................................................................... 25
General Conditions ........................................................................................................ 27
ARTICLE 18 - SAFETY ......................................................................................................... 27
Safety Equipment ........................................................................................................... 27
Employee Alertness ....................................................................................................... 27
Drug, Alcohol and Substance Abuse Policy .................................................................. 28
Employee Assistance Program ...................................................................................... 28
Coverage ........................................................................................................................ 29
ARTICLE 19 - NO STRIKE/NO LOCKOUT ...................................................................... 29
ARTICLE 20 - DISTRIBUTION ........................................................................................... 29
ARTICLE 21 - EFFECT OF THIS MOU ............................................................................. 29
Completion of Negotiations ........................................................................................... 29
ARTICLE 22 - NOTICE ......................................................................................................... 30
ARTICLE 23 - SEVERABILITY SAVINGS CLAUSE ....................................................... 30
ARTICLE 24 - MAINTENANCE OF NEGOTIABLE BENEFITS ................................... 30
ARTICLE 25 - TERM OF MOU............................................................................................ 30
RECOMMENDATION OF REPRESENTATIVES ............................................................ 31
APPROVAL OF AGREEMENT............................................................................................ 31
APPENDIX A – SALARY SCHEDULE ............................................................................... 32

iii

15 - 5

INTRODUCTION
This Memorandum of Understanding hereinafter referred to as the "Agreement" or "MOU" is
made and entered into by and between the City of Grass Valley, hereinafter referred to as the
"City", and the Grass Valley Police Officers, Police Officer Trainees and Police Sergeants,
hereinafter referred to as the "Unit" or the "Employees".
ARTICLE 1 – RECOGNITION
The City recognizes the Employees who collectively are referred to as "Grass Valley Police
Officers Association" as the sole and exclusive representatives of Police Sergeants and Police
Officers/Trainees and other sworn positions as may be allocated by the City with concurrence from
the Unit.
ARTICLE 2 – SUPPORT OF AGREEMENT
During the term of this Agreement, the City agrees not to meet and confer with any other
organization on matters upon which the Employees is the exclusive representative and which is
within its scope of representation. Employees agree to meet and confer only with the
representative(s) officially designated by the City to act on its behalf, and to utilize the meet and
confer process as the means of gaining consensus as to wages, hours and conditions of
employment.
During the term of this MOU and as appropriate thereafter the parties agree to use the dispute
resolution machinery as provided herein or by Civil Service rules as a means of adjudicating
disputes between them.
ARTICLE 3 – ASSOCIATION RIGHTS AND DUES DEDUCTIONS
A.

Association Rights

The Association shall have the following rights:
The Association shall have the right of access to bargaining unit members outside of their assigned
duties; before and after work hours, at meal and break periods and at other times, only with the
approval of the Police Chief.
The Association may use bulletin boards designated for its use in appropriate places. All items to
be posted shall be officially authorized by the Association and shall bear the date of posting and
the date of removal. Posted materials shall not be obscene, defamatory, or of a partisan political
nature, misleading, violative of any Federal, State, or local ordinance, law, statute or rule. Such
material shall not pertain to public issues which do not involve the City and its relations with
employees. A copy shall be provided to the Police Chief.
The Police Chief or his/her designee, upon request, may permit the Association to use facilities,
depending upon availability of space, for meeting purposes at no charge. No request for use of the
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15 - 6

City facilities shall be unreasonably refused.
Employees shall not be given time off for meetings of the Association unless approved by the
Police Chief.
The Association shall furnish annually and update as required a list of all officials and
representatives authorized to act on the Association's behalf. The City agrees to grant authorized
officials and representatives access to City property to transact officially the Association business
upon prior notice to the City Manager.
B.

Union Access to Employees

The City agrees that for purposes of representation on issues covered by this agreement, official
representatives of the Union may meet with unit employees on City facilities during working
hours, provided that prior notification has been given to the appropriate supervisor. The Union
agrees that such meetings shall not interfere with the normal work duties of the employees.
Solicitation for membership in the Union or other internal association business not directly
connected to administration of this agreement shall be conducted during the nonwork hours of all
employees involved.
City facilities may be made available for use by City employees or the Union in accordance with
such administrative procedures as may be established by the City Manager or Department Heads
concerned.
City will provide a written statement to each new bargaining unit employee that the classification
is part of a bargaining unit represented by the Union, and the name of a representative of the
Union. City will provide the Union President not less than ten (10) days’ notice of the
onboarding orientation meeting, including the date, time, and location of the orientation meeting.
If a bargaining unit employee’s first day of work begins less than ten (10) days after the date the
employee is hired, the 10-day notice requirement may be reduced, and City will instead provide
as much advance notice as reasonably possible of the orientation meeting.
The City will allow a Business Representative of the Union and/or outside labor representative to
spend up to fifteen (15) minutes with the new unit member at the end of the onboarding
orientation meeting in order to provide information and materials about the MOU and related
matters. No representative of City management shall be present during the Union’s presentation.
A bargaining unit member attending the onboarding orientation meeting as the Union
representative shall be given paid release time sufficient to cover the Union’s presentation and
related travel time. The Union will provide the Human Resources Department with the names of
any bargaining unit members who they request to be released for this purpose as soon as
reasonably possible, and at least 48 hours before the meeting.
To the extent required by Government Code Section 3558, City shall provide the Union
President with a list of names and contact information (listed below) for any newly hired unit
member within 30 days of the date of hire or by the first pay period of the month following hire.
2

15 - 7

City shall also provide the Union a list of all unit member names and contact information on the
last working day of September, January, and May. The information shall include the following
information except for any information subject to exclusion pursuant to Government Code
Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with
the City.
C.

Dues Deductions

Employees may sign up for Payroll Deductions of Association dues with the Association.
The Association will certify to the City any new members of the Association.
City agrees to deduct dues as established by the Association, and premiums for
approved insurance programs from the salaries of Association members. The sum
so withheld shall be remitted by the City, without delay, directly to the Association
along with a list of employees who have had such amounts deducted. Association
agrees to provide a listing of all additions or deletions of membership or requested
changes to establish payroll deductions of its members, to the City.
The employee’s earnings must be sufficient after the other legal and required
deductions are made to cover the amount of the dues authorized. When an employee
is in a non-pay status for an entire pay period, no withholding will be made to cover
the pay period from future earnings. In the case of an employee who is in a non-pay
status during only part of the pay period, and the salary is not sufficient to cover the
full withholding, no deduction shall be made. All other legal and required deductions
(including healthcare deductions) have priority over Association dues.
It shall be the sole responsibility of the Association to procure and enforce payroll
deduction of dues.
Hold Harmless: The Association shall indemnify, defend, and hold harmless the
City, its officers, employees, and agents acting on its behalf from and against any
and all losses, damages, costs, expenses, claims, demands, actions, suits, judgments
and other forms of liability arising out of the application or enforcement of this
Section. In no event shall the City be required to pay from its own funds Association
dues which the employee was obligated to pay, but failed to pay regardless of the
reasons.
Any Association member who notifies the City of their desire to discontinue dues or
otherwise withdraw from Association membership shall be referred back to the
Association. The City agrees to continue all dues deductions until notified of a deduction
3

15 - 8

change by the Association
ARTICLE 4 - PROCEDURAL PREROGATIVES
It is understood that the City retains the procedural prerogative to initiate or to refrain from
initiating actions that may affect association members' wages, hours and conditions of employment
and that such actions, once initiated by the City are subject only to the express procedural
limitations that may be set forth in the MOU, Civil Service Rules, Charter or other law. Such
matters include, but are not limited to, the procedural rights to contract out work not performed by
active association members, to transfer, lay-off, terminate or otherwise discipline employees, to
reasonably accommodate qualified disabled persons/employees, to make technological
improvements, and to take necessary action to implement the terms and conditions of the MOU.
The Association recognizes and agrees that the City, on its own behalf and on behalf of the electors
of the City, retains and reserves unto itself, limited only by Articles of this MOU, all powers,
rights, authority, duties and responsibilities conferred upon, and vested in it, express or implied,
by the laws of the Constitution of the State of California and of the United States and the provisions
of the City Charter.
The Association recognizes and agrees that the exercise of the foregoing powers, rights, authority,
duties and responsibilities of the City, the adoption of policies, rules, regulations, and practices in
furtherance thereof, and the use of judgment and discretion in connection therewith, shall be
limited only by the specific and express terms of this MOU.
The Association recognizes and agrees that the City's powers, rights, authority, duties and
responsibilities include, without limitation, the generality of the foregoing, the exclusive right to
manage, plan, organize, staff, direct and control; to determine levels of services; to determine
solely the extent to which the facilities of any department thereof shall be operated, and the outside
purchases of products or services; the right to introduce new or improved methods and facilities
and to otherwise take any action desired to run the entire operation efficiently, except as modified
by this MOU.
It is understood and agreed that the specific provisions contained in this MOU shall prevail over
City practices and procedures and over State laws and the City Charter to the extent permitted by
State law, and that in the absence of specific provisions in this MOU, such practices and procedures
are discretionary with the City. Nothing contained in this MOU shall be interpreted as to imply or
permit the invocation of past practice, or tradition, or accumulation of any employee rights or
privileges other than those expressly stated herein.
If a conflict arises between this MOU and a City Charter provision or resolution incorporated
herein, the City's Charter provision or resolution shall prevail.
ARTICLE 5 - HOURS OF WORK AND BASIS OF COMPENSATION
A.

Pay Periods
4

15 - 9

The "pay period" shall be fourteen (14) calendar days from Sunday (starting at midnight
Saturday) to midnight of the second Saturday thereafter, and refers to the period for computing
compensation due for all working hours during that period. Actual payment of payroll shall be
made the ensuing Friday at noon following the end of the pay period.
B.

Work Periods

The normal work schedule shall be eighty (80) hours within each work period for each full-time
employee assigned to a 12 hour shift schedule and eighty (80) hours within each work period for
each full-time employee assigned to an eight (8) or ten (10) hour shift schedule, and shall coincide
with the established two (2) week period (consisting of 14 days or two weeks) from Saturday
midnight to the second Saturday at midnight. Continuous work after midnight at the end of a work
period shall be reported on the day in which the work shift began. The City shall have the right to
implement schedules containing shifts of greater than (8) hours following proper notice and the
opportunity to meet and confer.
The City shall have the right to implement schedules containing shifts of greater than eight (8)
hours such as four (4) ten (10) hour shifts or three (3) twelve/(4) twelve (12) hour shifts upon 14
days notice to effected employees. Any hours worked beyond such schedules by non-exempt
employees shall be paid at the overtime rate.
The hours of employment and legal holidays to be observed shall be with regard to convenience
of the public.
Employees will be paid during their lunch period.
C.

Calculation of Compensation

Compensation shall be calculated on the basis of 2,080 hours per year and twenty-six (26) equal
pay periods per year. Compensation is based on the hourly rates and pay schedule set forth in
Appendix A. Adjustments in hourly rates are rounded up to the nearest cent, but may not exceed
the top of any pay range. Pay is based on 2,080 hours with hourly rates rounded to the nearest cent.
The payment of compensation shall be calculated to the nearest one-fourth (1/4) hour.
D.

Work Shift

The normal work shift means each shift during which an employee performs a normal working
shift of continuous work hours as designated by their assigned classification or duty/specialty
assignment, including holidays, Saturday and Sunday for those employees who work other than
the regular Monday through Friday week. All time authorized in excess of a normal working shift
shall be administered pursuant to Article 6.
ARTICLE 6 - OVERTIME, CALLBACK, STANDBY, COURT TIME, SPECIALTY PAY
A.

Overtime

5

15 - 10

(1) Policy:
It is the policy that overtime work be discouraged; that the Police Chief arrange the work of his or
her department so that full-time employees shall normally work not more than eighty (80) hours
in any pay period. Overtime work shall be held to a minimum consistent with the efficient
performance of necessary functions.
(2) Defined:
An employee authorized to work over their work shift or their duty assignment or over eighty (80)
hours in a pay period will receive overtime. All hours compensated will be included for overtime
purposes.
All work authorized as overtime shall be calculated at the overtime rate, which is one and one-half
(1-1/2) times the regular hourly rate of pay.
(3) Authorization for Overtime Work:
Overtime work not specifically authorized shall be performed only upon express authorization of
the Police Chief or subordinate empowered by him/her to authorize the same.
(4) Reporting Overtime:
Total hours of recorded authorized overtime for each pay period for each employee shall be
reported on an attendance report and shall be signed by each Police Chief or his or her designee.
The total hours of prior accumulated compensatory time taken off during each pay period shall be
likewise reported.
(5) Fringe Benefits Not Affected by Overtime:
Overtime work shall not be a basis for increasing vacation or sick time leave benefits, nor shall it
be a basis of advancing completion of required period for probation or salary step advances.
(6) Compensation for Overtime:
Employees shall have the option of either taking authorized overtime as pay or accrued as
compensatory time. The balance of any accumulated Compensatory Time shall be paid upon
termination of employment.
Compensatory time may be accrued up to one hundred twenty (120) hours.
B.

Callback Time

Callback time shall be that time an employee is called back to work by the Police Chief before or
after a normal work day; when an employee is required to work on a normal work day off by the
Police Chief; in the event of an emergency; or when an employee is required to work on any
holiday recognized by the City Council. The time actually worked or a minimum of two (2) hours
at one and one-half (1-1/2) times the regular hourly rate of pay shall be accrued as compensatory
time, or taken as pay subject to the same rules for compensation for overtime provided above.
C.
On Call Pay
At the discretion of the Police Chief, or designee, an employee may be assigned and scheduled to
6

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on-call status during off-duty hours. On-Call shall be paid at the rate of $1.25 per hour for each
hour that an employee is assigned to be On-Call.
D.

Standby Time

Standby time shall be that time an employee is designated by the Police Chief to be available on
immediate call (for example; court standby, fires, riots and critical incidents) on normal days or
hours off, or that time an employee is designated by the Police Chief to be available on
immediate call on holidays. If not called, the employee shall be compensated with two (2) hours
overtime which may be taken as pay or compensatory time off subject to the same rules for
compensation for overtime provided above.
E.

Court Time

Court time is defined as that period of time when an employee is required to appear in court as
part of the performance of his/her normal duties on a day when the employee would not otherwise
be scheduled to work. Court time will be compensated only when the employee is required to
appear in court in connection with his or her duties at a time when he/she is not otherwise scheduled
to be working. An employee will not be granted court time during the same time period that
callback time is compensable. Court time may be paid or accrued as compensatory time in the
same manner and shall be computed on the basis of three (3) hours or the actual amount of the
time the employee is required to appear in court, whichever is greater.
F.

Specialty Pay

Specialty pay assignments will be made in accordance with Departmental Policies and Procedures
and will receive compensation in addition to base pay as noted below. Police Officer Trainees are
not eligible for specialty pay.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)

Bilingual Pay
Officer-In-Charge Pay
Field Training Officer (FTO) (while training)
Corporal
Traffic Officer
School Resource Officer (SRO)
Detective
Special Assignment Pay - as determined by
Chief of Police in accordance with § 571.
Definition of Special Compensation.

5%
5%
5%
5%
5%
5%
5%
2.5% or 5%

Bilingual pay will be for languages designated by the Chief of Police and demonstrated
proficiency. Number of personnel approved for bilingual pay will be limited to meet needs of the
City.
Officer-In-Charge pay shall apply only to situations when a supervisor and/or manager is not on
duty and responsible for the shift or work unit. Only one employee will be designated as an OIC
7

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should shifts overlap, and there is not an on-duty supervisor for either shift. An employee
designated by the City as acting in the capacity of a Police Sergeant shall receive a 5% increase to
base pay, providing the assignment and responsibility is for four (4) or more hours of continuous
duty. The 5% increase to base pay shall be computed and applied on an hourly basis.
A specialty pay cap of fifteen percent (15%) shall apply; however, bilingual and officer-in-charge
pay will not apply toward this cap.
G.

Educational Incentive and POST Incentives

1.
The City shall offer an academic educational incentive program with a maximum
cumulative ceiling of five percent (5%) of base salary for Police Sergeants and seven and one-half
percent (7-1/2%) of base salary for Police Officers. Only certificates and degrees granted by
accredited institutions which are above their minimum education requirement of the employee’s
position and enhance the employee’s abilities and contributions will be considered. College units
obtained to qualify for an incentive cannot be compounded to qualify for an additional incentive.
For example, units used to obtain an AA/S and then utilized to obtain a BA/S cannot yield
incentives for both degrees.
a.

Eligible Degrees for Police Officers:
Degree
Associate of Arts or Science
Bachelor of Arts or Science
Master of Arts or Science

% of Base Salary
2.5%
5.0%
2.5%

b.

Eligible Degrees for Police Sergeants:
Degree
Bachelor of Arts or Science
Master of Arts or Science

% of Base Salary
2.5%
2.5%

2.
The City shall offer a POST incentive program with a maximum cumulative ceiling of 5%
of base salary for a combination of the below listed certificates. This incentive shall not be paid to
employees in classifications that require such certifications as a minimum requirement for the
position occupied.

8

15 - 13

Certificate
Intermediate
Advanced
Supervisory
Management

% of Base Salary
2.5%
2.5%
2.5%
2.5%

H. Longevity Pay
The City shall pay two and one-half percent (2.5%) of base rate for longevity pay upon completion
of ten (10) years of continuous service as a member of Unit 6.
ARTICLE 7 – LEAVE
A.

Absence from Duty

The absence of an employee from duty shall be reported to the Police Chief. The reasons for the
absence, if known, shall be stated. The return of an employee to duty shall likewise be reported.
Unauthorized absence from duty is sufficient cause for discipline up to and including termination
of employment. Unauthorized absence from duty for five (5) consecutive scheduled work shifts
shall be deemed a resignation from City employment.
B.

Sick Leave

Sick leave shall be considered as a privilege by an employee to use at his/her discretion as provided
herein.
Police Officer Trainees shall accrue 2.77 hours per pay period while in the Academy. Police
Officers shall accrue 2.77 hours per pay period for the first four (4) years of service and 3.69 hours
per pay period thereafter. Police Sergeants shall accrue 3.69 hours of sick leave per pay period. If
any employee does not take the full amount of sick leave allowed in any calendar year, the amount
not taken may be accumulated from year to year without limit.
Sick leave accrual, if available, will be used for the following circumstances:
a)
The absence from duty of an employee because of his/her illness, pregnancy or
related complications, quarantine due to contagious diseases.
b)
The absence from duty of an employee due to the preventative care, diagnosis, care
or treatment of a health condition of the employee’s family member or other
purposes authorized by Labor Codes Section 246.5 (leave for victims of domestic
violence, sexual assault, or stalking).. For the purposes of this provision, family
member shall be restricted to the employee’s biological parent, foster parent,
adoptive parent, sibling, spouse, domestic partner, child, parent-in-law, brother-inlaw, sister-in-law, grandparent, grandchild, step parents, stepchildren, step sibling,
where there is a child rearing relationship, or a person who stood in loco parentis
when the employee was a minor child.
c)
Medical appointment of an employee.
d)
The absence from duty of an employee due to medical appointment or illness of
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e)

his/her spouse, domestic partner, child or parent to the extent provided by
California Law (specifically AB 109, known as the “Kin Care” legislation effective
in 2002, and SB 1471 as enacted in 2003)..
The City of Grass Valley may allow the use of sick leave due to the illness/medical
appointment of other relatives of the employee, if such relative is living in the same
household as the employee.

Sick leave due to a medical appointment must be approved in advance by the employee’s
immediate supervisor. Other leaves provided for due to illness or medical complications shall be
provided consistent with other leave conditions herein and within the Federal and State Family
Leave Acts.
If absence from duty by reason of sickness extends beyond the period of three (3) consecutive
working shifts, the employee may be required to file, with the Human Resources Office, a
certificate of sickness or disability prepared by a regular, licensed and practicing physician prior
to entitlement to sick leave pay. A copy of this certificate shall also be filed with the Police Chief.
All employees whose absence from duty because of sickness extends beyond (1) calendar week
may be required to provide a weekly report or certificate by a regular licensed and practicing
physician to be filed with the Human Resources Office. Certificates filed under this Section shall
detail the nature of the sickness and certify the employee's inability to return to work. If no
certificate is filed, salary or wages may be withheld from said employee.
The Human Resources Office or Police Chief may require any employee to furnish a certificate of
illness or disability completed by a regular, licensed and practicing physician at any time that the
Human Resources Office or the Police Chief is aware of information that an employee is abusing
the sick leave privilege. No employee will be disciplined for insubordination based on the refusal
to work when he/she has elected to use accrued sick leave but will remain subject to discipline for
any abuse of the sick leave, dishonesty in use of sick leave or other grounds for discipline arising
from inappropriate use or abuse of sick leave.
Notwithstanding any other provision of this MOU, the City shall provide every employee at least
as much sick leave as required by California Labor Code section 245 et seq. as it now exists or
may be amended during the term of this Agreement. The City shall inform the Employees when it
establishes or alters a policy governing the allowance of such leave.
C.
Extended Medical Leave (See Civil Service Rules, same title)
Those employees who have been granted an approved extended medical leave shall not be required
to provide weekly verification of their medical condition. However, this is subject to the right of
the City to require such verification if the City reasonably believes that the granting of medical
leave is being abused. Failure of an employee to supply the requested verification of medical
condition shall be grounds for terminating extended medical leave.

D.

Bereavement Leave

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Employees shall be granted leave of absence with pay, not to exceed 60 hours per fiscal year, noncumulative, for purposes of attending funeral services, making related arrangements for the family
or travel to and from the location of services on account of the death of any member of his/her
immediate family. Member of the immediate family means the mother, step-mother, father, stepfather, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee
and the spouse, son, son-in-law, step-son, daughter, daughter-in-law, step-daughter, brother or
sister of the employee, or any relative living in the immediate household of the employee.
It shall be the responsibility of the department to account for such leaves, and leaves of more than
60 hours, if approved, shall be charged against sick leave or other leave accumulations.
E.
Vacation Leave
Vacation leave will begin accruing immediately upon active service and may be used following
completion of (6) months of continuous service. Police Officer Trainees will not be eligible until
completion of the POST academy and appointment to active service with the City of Grass Valley
Police Department as a Police Officer. For each completed pay period of service and employee
shall receive credit for vacation pay in accordance with the following schedule:
Up to two (2) years, .............. eighty (80) hours per year (3.08 hours per pay period)
25 months to 5 years, ........... ninety-six (96) hours per year (3.69 hours per pay period)
61 months to 10 years, .......... one hundred twenty (120) hours per year (4.62 hours per pay period)
121 months 20 years, ............ one hundred sixty (160) hours per year (6.15 hours per pay period)
241 months and over, ............ one hundred and eighty (180) hours per year (6.92 hours per pay
period)
Each and every credit of vacation earned by an employee shall be vested to such employee at the
conclusion of each pay period of service.
Employees shall be permitted to accumulate accrued vacation hours until reaching the maximum
limit of 320 hours for Police Officers and 380 hours for Police Sergeants. Once the employee has
reached the maximum limit, vacation accruals over the maximum hour limit will automatically be
converted to, and deposited in, a sick leave bank for retirement service credit conversion. The
banked sick leave shall only be used to convert to PERS service credit at retirement from the City
of Grass Valley. Should the employee utilize all sick leave accruals, all CTO accruals and all but
up to 56 hours of Holiday leave, he/she will be entitled to utilize the banked sick leave hours for
illness and/or extended medical leave.
Vacations will be scheduled in December and June of each year for the six-month period
following the sign-up period. If staffing levels require vacations to be denied, additional
time or banking of time will be granted based on a request of the Chief to the City Manager.
Employees may request payment in lieu of vacation accrual in December of each year for
the following calendar year. The maximum vacation buyback shall be forty (40) hours for
Police Officers and sixty (60) hours for Police Sergeants.
Elective cash-out provisions:
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1.
2.
3.
4.
5.
F.

Employees utilizing this provision will be required to submit an irrevocable election
form by December 31st of the calendar year prior to the calendar year in which the
vacation hours to be cashed out are earned.
Employees that have submitted an irrevocable election form may submit a vacation
cash out request form at any time during the calendar year in which the vacation
hours are earned.
The actual payment of the requested hours cannot occur until the hours to be cashed
out for that calendar year have accrued. Cash-outs for hours accrued in prior years
are not allowed.
Employees that submitted an irrevocable election form in the prior year but did not
submit a cash out request shall receive their vacation cash out by the last paycheck
of the calendar year in which the vacation hours are earned.
Payment will be issued at the employee’s current regular rate of pay at the time the
payment is made.

Holidays

Holidays are those days or hours designated as such by or pursuant to this MOU, City ordinance
or resolution.
Employees will accrue a maximum of 162 holiday hours each calendar year at an accrual rate of
6.23 hours per pay period. Employees may schedule holiday time off in accordance with
Department procedures. Police Officer Trainees will not be eligible until completion of the POST
academy and appointment to active service with the City of Grass Valley Police Department.
Hours accrued but not used by the end of the last full pay period in November each year will be
cashed out at the employee’s regular hourly rate of pay and paid to the employee in the first pay
date in December each year.
A payout of hours accrued but not used by the end of the last full pay period in May of each year
will be cashed out at the employee’s regular hourly rate of pay and paid to the employee in the
first pay date in June each year.
G.

Jury Duty Leave

An exempt employee shall be paid his/her normal salary for each work day, or portion thereof,
he/she is required to be in jury duty. Any money, less travel expenses, received by the employee
for jury duty shall be remitted to the City by the employee.
H.
Community Service and Professional Organization Participation
The City encourages employees to participate and be involved in community service and
professional organizations.
Upon approval by the City Manager, the City may make a reasonable amount of paid release time
available for employees to represent the City and to participate and be involved as a member or
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officer in a community service, professional organization, excluding fraternal organizations.
Further, the Council recognizes that certain expenses may be incurred by an employee to be an
active member or to participate in such an organization. Therefore, upon approval by the City
Manager, the Council shall budget and pay or reimburse, on behalf of the employee, expenses for
his/her membership and attendance of such costs as dues, fees, assessments or charges associated
with participating in the organization up to $250 per fiscal year.
I.

Family and Medical Care Leave

Regular full time employees, with more than one (1) year of continuous service, or have worked
more than 1250 hours during the previous 12-months, may request an unpaid Family and Medical
Care Leave of absence of up to 12-weeks in any one continuous 12-month period. This leave may
be taken for the birth or adoption of a child, to care for a child, spouse or parent who has a serious
health condition or for the employee’s own health condition that makes the employee unable to
perform the essential functions of their job. If this leave is granted, upon the employee’s return,
the employee will be reinstated to the same or a comparable position as the position held before
the leave. Available accruals must be used for such leaves. For leaves related to an employee’s
own serious health condition, or that of an eligible family member, sick leave will be utilized first,
followed by other accruals (i.e., holiday, CTO, vacation). If all available accrual is depleted, an
employee may continue on an unpaid leave until the 12-week maximum leave is taken. If an
employee desires to take an FMLA leave not associated with the serious health condition of
him/herself, or an eligible family member, sick leave hours accrued may not be used (i.e., adoption
of a child, birth of a child).
An employee may elect to keep forty (40) hours of sick leave in their accrual bank prior to taking
unpaid time off.
Whenever possible, the employee must provide at least thirty (30) calendar days written notice
that the employee wishes to take this leave of absence. When this is not possible, the employee
must notify the City, in writing, as soon as possible. Failure to comply with these notification rules
may result in the denial or deferral of the requested leave until the employee complies with the
notice provisions.
The City will require the certification from the health care provider who is attending to the serious
health care condition of the employee, employee’s child, spouse or parent before allowing the
employee to take a leave to take care of that family member. If there is a question concerning this
certification, the City reserves the right to require additional certification(s) at City expense.
Unless otherwise agreed to by the City, any Family and Medical Care Leave must be taken in
segments of one (1) full workday.
If the employee is pregnant, the employee has the right to take a maternity leave and some amount
of Medical Care Leave. The employee should check with Human Resources to determine
eligibility under such circumstances.
The cost of the employee’s health care coverage while on a Family and Medical Care Leave less
any portion of the premium the employee is required to pay will be paid for by the City for up to
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twelve (12) weeks. If the employee does not return from leave, the employee will be responsible
for reimbursing the City for the insurance premiums paid on the employee’s behalf.
While the above provisions will apply to most employees in most circumstances, there are certain
exceptions under which the City may refuse to grant a Family Care Leave.
ARTICLE 8 –RETIREMENT BENEFITS DEFINITIONS
New Member Employees:
•
•
•

A new hire who is brought into CalPERS membership for the first time on or after
January 1, 2013, and who has no prior membership in any California Public
Retirement System.
A new hire who is brought into CalPERS membership for the first time on or after
January 1, 2013, and who was a member with another California Public
Retirement System prior to January 1, 2013 and is not eligible for reciprocity.
A member who first established CalPERS membership prior to January 1, 2013,
and who is rehired (by a different CalPERS employer) after a break in service of
greater than six months.

Classic Member Employees:
•
•
•

A member who was brought into CalPERS membership for the first time before
January 1, 2013.
A member who was brought into CalPERS membership for the first time on or
after January 1, 2013, and who was a member with another California Public
Retirement System prior to January 1, 2013 and is eligible for reciprocity.
A member who first established CalPERS membership prior to January 1, 2013,
and who is rehired (by a different CalPERS employer) after a break in service of
less than six months.

A.
New Member Retirement Benefits
New employees hired after to January 1, 2013, upon placement in a full-time employment
status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect
between the City and PERS.

B.
New Member Retirement Contributions
The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest
quarter of 1 percent, as determined by PERS.
C.

Classic Member Retirement Benefits
Retirement Benefits – Tier 1
Employees hired before July 1, 2011 and designated as local public safety members by the
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City are provided retirement benefits under the California Public Employee's Retirement
System Local Safety 3% at 50 formula.
Retirement Benefits - Tier 2
Employees hired after June 30, 2011 and designated as local public safety members by the
City are provided retirement benefits under the California Public Employee's Retirement
System Local Safety 3% at 55 formula.
D.
Classic Member Retirement Contributions
Total Classic Employee pension contribution shall be 12% of salary.
E.
Social Security
Employees are also provided retirement benefits under Social Security. The employee shall pay
the full amount of the employee's contribution rate to Social Security. The City shall pay the
employer contribution.
F.
Supplemental Retirement Benefits
The City shall pay a supplemental retirement benefit to each eligible employee covered under the
terms of this MOU who attains normal retirement age as defined in California Public Employees’
Retirement Law. The term "eligible employee" is limited to those employees who leave City
employment for the sole reason of retiring under a PERS regular service retirement and at least
five (5) years of service with the City. No minimum years of service is required for disability or
industrial disability retirement provision.
The benefits provided under the terms of this Section shall be a one-time lump sum payment,
calculated on the basis of fifty percent (50%) of the straight time value of the retiring employee's
accumulated but unused sick leave, up to 400 hours on the date that the employee retires from City
employment. The reference to sick leave days in this Section is for purposes of calculating the
benefit provided under this Section only, and shall not operate to "vest" sick leave hours, or
otherwise create any entitlement to pay for those sick leave hours for an employee who terminates
employment prior to attaining normal retirement age as defined in this sub-part. The straight-time
value of the retiring employee's sick leave hours shall be computed solely and exclusively on the
basis of the non-overtime normal wage rate paid to the employee, and no overtime premiums, or
any other type of premium pay or pay for working out-of-class or employee benefits or other forms
of non-straight time wage compensation shall be used for purposes of calculating the benefits due
under this Section.
Any employee that shows an effective date of retirement into the PERS system within 120 days
of separation from employment with the City shall be credited with PERS service credit for all
accumulated but unused or uncompensated sick leave.
Consistent with the sick leave provisions of this MOU, any employee whose employment with the
City terminates for any reason, as opposed to being reinstated, prior to attaining normal retirement
age, forfeits all accumulated but unused sick leave hours, and shall not become entitled or eligible
to receive any benefits under the terms of this Section even if the employee is subsequently reemployed by the City. Notwithstanding the limitations contained in the previous sentences, the
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City shall pay a supplemental retirement benefit consisting of all unused sick leave to the estate of
any employee covered by this MOU who is killed in the line of duty. Any rehired or reinstated
employee shall begin to accrue sick leave hours as if they had never worked for the City previously.
The benefit provided in this Section shall not arise or vest until such time as the individual
employee applying for the benefit becomes eligible for the benefit as provided in this Section and
provides written notice to the City Manager of his/her intention to retire from employment with
the City. The benefit provided in this Section shall not increase the City's obligations with respect
to other benefits of employment, including, but not limited to, other retirement benefits, health and
welfare benefits, sick leave benefits, disability benefits, or any other form of compensation or
fringe benefits of whatsoever kind or nature.
G.

Retiree Health Insurance Benefit

(1) Employees hired prior to January 1, 2016 and retiring from the City under PERS, after twentyfive (25) or more years of City service, are eligible for the following retiree health insurance
benefit:
(a) Three Hundred Dollars ($300.00) per month, not including the statutory administrative fee for
PERS coverage.
(2) For employees ineligible for the retiree health insurance benefit above that elect to participate
in the health insurance plan as a retiree the City will pay the statutory administrative fee for PERS
coverage.
(3) Eligibility and Term. To receive the benefit provided in F (1) of Article 8, a retiree must
provide annual evidence of health insurance coverage to the Human Resources Department. Such
benefit will cease upon the retiree receiving group medical insurance coverage from another
employer or receiving coverage through Medicare or upon being eligible for Medicare. If a retiree
covered under another employer’s group medical insurance loses such coverage, this benefit will
start or restart until the retiree is otherwise ineligible.

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ARTICLE 9 – SALARY SCHEDULE
A.

Salary Schedule
Salaries shall be as set forth in the Unit’s salary schedule, attached hereto as Appendix A
to this MOU.

B.

Salary Adjustment
Effective the first full pay period following City Council approval of MOU, the City shall
implement the following equity adjustments:
•
•

Police Officer
Police Sergeant

12%
13%

Effective the first full pay period following City Council approval of MOU, the City shall
issue the lump sum equivalent of the salary increases above for the time period between
July 1, 2020 and the first full pay period following City Council approval of MOU.
C.

Shift Differential
An employee, whose shift is predominantly worked between the hours of 6:00 p.m. and
6:00 a.m. of the next shift, shall be paid an additional night shift differential of five percent
(5%) of their hourly adjusted base wage, per shift worked.

D.

Rules for Use of Salary Schedule
1.
2.

3.

4.

In the general schedule of pay ranges established by the City Council each
classification within a department has an applicable range consisting of five steps.
All appointments from an eligibility list will enter the probationary periods at the
base salary of the range applicable to the job. The City Manager and Chief of Police
may recommend elevation above the entry level step to compensate for education
and experience.
All employees shall be eligible for a merit step increase to the next step in pay range
every twelve (12) months until the end of his or her pay range, if recommended by
the Chief of Police and approved by the City Manager that such employee's job
performance satisfies the City and department standards relating to such
employees.
Employees denied a merit increase will be eligible for reconsideration no later than
three (3) months following their initial review date.
An employee promoted from a promotional eligibility list to a position in a higher
pay range will be placed at the minimum of the new range, or at a level in the new
range to provide a minimum 5% increase in the regular rate of pay. Any new pay
rate upon promotion may not exceed the top of the pay range. The date of the
promotion will establish a new anniversary date for the employee’s future merit
increases. Should a promotion occur concurrently with the employee’s evaluation,
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5.

6.

7.

and the employee is eligible for a merit increase, the merit increase is to be included
in the base salary before the promotion.
Upon reduction in force, permanent employees may be appointed to a classification
with a lower pay range. An employee assigned by management to a position in a
lower classification shall be placed at the step in the new range to provide an
approximate 5% decrease in regular pay. The anniversary date for future merit
increases will be the date of the appointment to the lower classification.
Allocation to a class with Lower Salary Range: If the salary range of the new class
to which an employee's position is allocated has a maximum step lower than that
of his/her current class, but not lower than his/her actual salary, he/she should
continue to receive his/her present salary until his/her next anniversary date, which
remains unchanged, at which time he/she would be eligible for a merit increase in
the new range. If the top of the new range is lower than the current salary, then the
salary will be reduced to an amount not to exceed the top of the new range effective
the next full pay period one year from the re-allocation date.
A reclassification may result if the job, responsibilities, duties, requirements, skills
change to a degree that the position needs to be placed in a new classification. If
the reclassification impacts only the incumbent employee and the employee is
qualified for the position, they will be placed in the position. If more than one
employee is impacted and each is qualified, an internal review of the employees
will be completed to select the best qualified person for the position. A
reclassification will result in the elimination of the old position if it is a single
person position and be replaced by the new position, as by the very process the
position has fundamentally changed. A reclassification is not a promotion and does
not carry with it an automatic pay increase. If the employee’s salary is currently
below the minimum of the new range, the employee’s salary will be increased to
meet the minimum of the new range. A reclassification will not change the
employee’s annual evaluation date. The employee will be able to move through the
new pay range based on the normal evaluation and merit process.

ARTICLE 10 – HEALTH AND WELFARE
A.
Insurance Benefits:
During the term of this agreement the City will make available medical, dental, and vision
insurance benefits to the employee and their dependents.
(1) For the term of this agreement the City will pay a monthly set rate for health insurance
(Medical, Vision, and Dental) based on the employee’s medical coverage selection as follows:
a. For Employee only - $814.00;
b. For Employee plus 1 dependent- $1,622.00;
c. For Employee plus 2 or more dependents- $2,130.00
(2) Employees electing to waive medical insurance coverage will receive a payment of $305 per
month (a rebate) if evidence of similar or better coverage from another source is provided
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(effective May 1, 2012). Employee may use this rebate to pay for elected dental and vision
coverage.
(3) The City shall supply and administer group health and welfare benefits on behalf of each
eligible unit member. Said benefits shall include, but not be limited to health, dental, vision, and
life.
(4) The City shall provide term life insurance coverage in the amount of $50,000.00 for each
employee, $5,000.00 for the employee's spouse, and $1,500.00 for other eligible dependents
without cost to the employee.
(5)
All benefits shall be subject to the standard provisions set forth in the policy or policies, or
PERS regulations.
(6)
Disputes concerning the hospital/medical, dental, vision and life insurance as provided,
including but not limited to questions as to the scope of benefits or disability coverage, eligibility,
and premium rate shall not be subject to the Grievance Procedure.
B.

Gym Membership

Gym membership will be provided to Police Officers and Police Sergeants at no cost. Members
are required to meet physical standards as a condition of employment.
ARTICLE 11 - SCHEDULING OF SHIFTS
The Police Chief or his/her designated subordinate representative or under the direction of the City
Council may change or alter the shifts so that the highest level of protection to life and property
may be maintained. To the extent possible employees will be provided a two week notice of
changes to their daily shift hours.
The Police Chief or his/her designated subordinate representative or under the direction of the City
Council may assign one hundred percent (100%) of the total number of employees of the Police
Department to work overlapping shifts in cases of criminal investigations, riots, civil disturbances,
strikes or emergencies.
The decision of the Police Chief or his/her designated subordinate representative or under the
direction of the City Council shall be final and not subject to the grievance procedure. All shifts
shall be scheduled at least forty-five (45) days in advance.
ARTICLE 12 – UNIFORMS
(1) Employees shall receive a uniform reimbursement not to exceed Eight Hundred Seventy Five
Dollars ($875.00) per fiscal year.
Employees designated as Detectives and Motor Officers will receive an additional uniform
reimbursement of five Hundred Dollars ($500.00) per fiscal.
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(2) Employees may have one (1) uniform per week professionally cleaned at an established
vendor. Detectives may substitute a professional cleaning of slacks/shirt/jacket once per week in
lieu of a uniform cleaning.
(3) Annual reimbursement totals for uniforms paid by the City will not accrue beyond the fiscal
year. Any charges above the allotted totals will be paid by the employee.
(4) Employees hired as Police Officer Trainees attending the academy at the City’s expense will
be provided the required uniforms for the academy. Police Officer Trainees are not eligible for
Uniform Reimbursement until graduation from the academy and placement into active service as
a Police Officer with the City of Grass Valley.
(5) To comply with the special compensation requirements of CalPERS, the City shall report to
CalPERS periodically as earned the value of the uniform allowance above for classic members
(as defined by CalPERS) – the total value to be reported to CalPERS is: ___ per pay period for
the uniforms. For classic members, the City and employees will be required to make required
employer and employee contributions based on this special compensation in the applicable
employer/employee contribution amounts. For example, classic members will be required to
make the required employee contribution on this amount. Pursuant to CalPERS regulations, the
value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not
count as special compensation.
ARTICLE 13 –RESIDENTIAL MILEAGE RESTRICTION
Employees shall live no further than 30 air miles from the City limits. The Chief of Police shall
have the discretion to permit sworn employees to live further than 30 air miles from the City limits
when, in the Chief of Police’s opinion, the officer will be capable of responding in an emergency
in a reasonable period of time.
ARTICLE 14 –VEHICLE USE, PARKING
A.

Detective Officer/Sergeant Vehicle

Employees may be assigned a take home vehicle. The assignment of the vehicle is to reduce
response times, to allow for direct response to crime scenes, and to respond as may be necessary
for call back or if placed on stand-by. The vehicle is the property of the City and it to be treated
and used accordingly. The vehicle may be redirected to other needs of the department at the
direction of the Chief. If the employee is not available for a period of time, the vehicle will be left
at the Police Department for other uses (i.e. on vacation, extended leave, sick leave).

ARTICLE 15 - REDUCTION IN FORCE AND RE-EMPLOYMENT
A.

Layoff/Furlough Provisions:
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(1) In lieu of layoff, the City may pursue a furlough or reduction of hours on a department basis
as follows:
(a) City Council makes a finding that for reason lack of work, lack of funds, or for
reorganization that a reduction in services is needed.
(b) City identifies the need for a reduction by part or whole position equivalency within a
department.
(c) Department Head consults with employees to explore alternatives.
1.
Voluntary furloughs/hours reduction sought first
2.
Involuntary furloughs or reductions in hours may be imposed on a uniform basis by
class within department, not to exceed 80 hours per year. Should the City desire to
utilize more than eighty (80) hours involuntary furlough days in a year, The Grass
Valley Police Employees will be consulted and shall have the option of agreeing to
permit the City to utilize up to an additional 40 hours of involuntary leave for a total
of 120 hours or refusing such request. If such request is refused, the City shall have
the option of reducing the force through layoffs.
3.
In lieu of taking actual furlough time employees may elect to pay a higher portion
of city provided benefits (i.e. health insurance) in an amount equal to the total
savings that that would have been realized by the furlough time. Equivalent paid
time may be taken off. Savings must be achieved within the same time period (fiscal
year) as the assignment of furloughs.
4.
Benefit accruals shall not be reduced for employees. Insurance shall still be paid by
the extent agreed to by the City. Leave accruals will continue at the full time rates.
Retirement contribution accounts and related benefits shall be maintained as if no
reduction in force had occurred.
B.
Treatment of the Employees Laid Off
(1) When the Police Chief is instructed by the City Council to reduce the number of employees in
the classified service within his/her department, lay-off shall be made in accordance with the
following rules:
(a)
Employees to be laid off shall be given a leave of absence for a period of 24 months
without pay until the position is re-established whereupon such employee shall be
given ten (10) days’ notice to accept re-employment.
(b)
The names of each employee laid off shall be entered on the "re-employment list"
established by the Personnel Commission and notification as provided in the
Commission Rules shall be required. Within ten (10) days of reinstatement, a
certificate by a qualified physician or surgeon selected by the Commission, may be
required certifying as to his/her physical fitness to perform the service involved.
(c)
Vacation and sick leave accrual rates for reinstated employees will incorporate
service time prior to layoff.
(2) The first person laid off from a department within a class, shall be the one with the least length
of service within the class and grade since original permanent employment. The person so laid off
shall thereupon be restored to a position in a class in the same department in which he/she formerly
held a regular position in which:
(a)
The employee displaced shall be considered laid off for the same reason as the
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(b)

person who displaces him/her and shall likewise be restored as provided herein, in
a class in which an unfilled position exists, or,
There is then employed a person with less total length of service since original
appointment. The person with the least length of service shall be displaced by the
employee laid off from the higher class.

(3) Should an employee have rights for displacement in more than one (1) previous classification,
he/she shall displace first in the highest classification to which he/she is eligible.
(4) In accordance with Article 9, Section 8 of the City Charter, whenever a position in any class
is to be filled, unless filled by a reduction of rank as provided above, it shall be filled in the
following order:
(a)
From the re-employment list for that class;
(b)
From the promotional register of eligible candidates for that class;
(c)
From the appropriate competitive register of eligible.
(5) When employment is from the re-employment list, one name shall be certified for each
vacancy to be filled and in the order of greatest length of service in that and higher classes since
regular appointment.
C.
Seniority
(1) Seniority ratings in any department shall be based on the time of service in the City of Grass
Valley Civil Service, including periods of authorized leave of absence or period of illness.
(2) Credit allowable by the Personnel Commission for length of service shall be calculated on the
basis of the year of continuous employment including leaves of absence and dating from the first
day of such continuous employment in any department or departments of the City of Grass Valley.
(3) Credits allowable by the Personnel Commission for examination based on the length of service
shall be deemed to include periods of time granted under authorized leaves of absence.
ARTICLE 16 - DISCIPLINARY ACTION (See Civil Service Rules)
The City shall administer employee discipline in accordance with the Public Safety Officers
Procedural Bill of Rights Act (California Government Code sections 3300 et seq.), and as related
to employees who are employed as peace officers within the meaning of Government Code section
3301. The disciplinary procedures set forth herein shall only apply to employees who have
completed probation. (Government Code section 3304(b).)

Definitions

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A.

“Discipline/Punitive Action.” Any action that may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand or transfer for purposes of punishment
within the meaning of Government Code section 3304.

B.

“Minor Discipline.” Minor discipline is considered punitive action that does not involve
termination or suspension without pay for more than 5 days. Examples include, but are not
limited to, written reprimands, suspensions without pay of 5 days or less, and disciplinary
transfers.

C.

“Major Discipline.” Major discipline is considered punitive action that involves
termination, disciplinary demotions, and suspensions without pay of more than 5 days.

Disciplinary Actions and Procedures
A.

B.

Procedure for Minor Discipline
1.

Notice of Discipline. Minor discipline shall be implemented in the form of a Notice
of Discipline, such as a written reprimand or notice of suspension, and shall set
forth the acts or omissions that provide the basis for the discipline. It shall also
specify the City/Department rules, regulations, policies, and procedures that the
employee violated.

2.

Written Response. An employee may prepare a written response to the Notice of
Discipline, which will accompany the Notice of Discipline in the employee’s
personnel file. An employee shall have thirty (30) calendar days within which to
submit the written response to the Office of the Police Chief.

3.

Informal Administrative Appeal. In addition to the right to submit a written
response to a Notice of Discipline, an employee is entitled to an informal
administrative appeal.

4.

Minor Discipline Appeal Procedures. An employee who receives a Notice of
Discipline under this section may appeal to the Police Chief. In the event the Police
Chief prepared the Notice of Discipline, the employee may appeal to the City
Manager. Any such request to appeal must be in writing and received in the Office
of the Police Chief within ten (10) calendar days from the date the Notice of
Discipline is served on the employee. Thereafter, an informal hearing shall be
scheduled before the Police Chief or City Manager. In the informal hearing, the
Police Chief or City Manager shall regulate the course of the proceeding, and shall
permit the parties and may permit others to offer written or oral comments on the
issues. The Police Chief or City Manager may limit the formality of the proceeding
or formal use of witnesses, testimony, and evidence.

5.

The decision of the Police Chief or City Manager shall be in writing and shall be
final.

Procedure for Major Discipline
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1.

Notice of Intent to Discipline. Major discipline shall be initiated in the form of a
Notice of Intent to Discipline (such as a Notice of Intent to Terminate). The Notice
of Intent to Discipline shall include the following:
a.

The proposed disciplinary action to be taken.

b.

The proposed effective date of such action.

c.

A statement of charges against the employee, which sets forth the acts or
omissions that provide the basis for the intended discipline. It shall also
specify the City/Department rules, regulations, policies, and procedures that
the employee is alleged to have violated.

d.

The materials upon which the intended action is based in accordance with
the requirements set forth in Skelly v. State Personnel Board.

e.

Notice that he or she has the right to respond to the proposed action in
writing or verbally at a specified place and time in an informal meeting (i.e.,
a “Skelly” meeting), which shall be within 10 calendar days of the date that
the Notice of Intent to Discipline is served on the employee.

2.

Right to Respond. Upon receipt of a Notice of Intent to Discipline, the employee
shall have the right to respond to the Police Chief or designee in writing or verbally
in an informal meeting (i.e., a “Skelly” meeting) prior to the imposition of
discipline.

3.

Notice of Disciplinary Action. After the receipt of an employee’s written or verbal
response to the Notice of Intent to Discipline, or after the time to respond has
passed, the Police Chief or designee shall notify the employee in writing of the final
decision regarding the intended discipline. If the Police Chief or designee
determines to proceed with a form of major discipline, a Notice of Disciplinary
Action (such as a Notice of Termination) shall be provided to the employee as
follows:
a.

The Notice of Disciplinary Action shall be issued within 30 days of the final
decision.

b.

The Notice of Disciplinary Action shall contain:
i.

The effective date of such action.

ii.

A statement of charges against the employee, which set forth the
acts or omissions that provide the basis for the discipline. It shall
also specify the City/Department rules, regulations, policies, and
procedures that the employee violated.

iii.

The materials upon which the action is based.
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iv.

4.

Notice that he or she has the right to request an appeal by filing a
notice with the Office of the Police Chief within 10 calendar days of
the date that the Notice of Disciplinary Action is served on the
employee.

Major Discipline Appeal Procedures. The appeal of major discipline shall be before
the City’s Personnel Commission (See Civil Service Rules), which shall render a
final decision.

ARTICLE 17 - GRIEVANCE PROCEDURE
A.

Definition

A grievance is any dispute concerning the interpretation or application of this MOU, or of rules or
regulations governing personnel practices or working conditions, or of the practical consequences
of a City rights' decision on wages, hours and other terms and conditions of employment.
B.

Procedures

All grievances shall be processed only in accordance with the procedures and general conditions
set forth below:
It is the intent of these procedures to encourage resolution of complaints and grievances informally,
at the nearest practical organizational level from which it emanates, and as promptly and fairly as
possible to all concerned.
Informal Grievance:
Within five (5) working days/shifts following an occurrence giving rise to a grievance, the
employee shall orally present the grievance situation to his/her immediate supervisor. (Exception:
where the grievance directly involves the working relationship with the supervisor, the grievance
shall be presented to the next higher level of supervision). The employee and supervisor have a
mutual responsibility to have the grievance resolved at their level whenever possible.
Presentation of an informal grievance shall be necessary prior to processing it further as a formal
grievance.
Formal Grievance:
A formal grievance shall only be initiated in writing to each appropriate step of the grievance
procedure with a copy to the Human Resources Office.
Step 1:
If a mutually satisfactory solution of the grievance was not resolved informally, the employee may
file a written grievance with his/her department head (or designated representative) within five (5)
working days/shifts after the last meeting between the employee and supervisor. Within ten (10)
working days/shifts after the formal grievance is received, the Department Head shall investigate
the facts and issues at the earliest date consistent with the nature of the grievance and the normal
conduct of the department's business. Within five (5) working days/shifts after concluding the
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investigation, the Department Head shall render a decision in writing to the employee and Human
Resources Office.
Unless a decision of the Department Head is appealed by the employee to Step 2 in the time limits
provided, the grievance shall be deemed resolved, final and binding.
Step 2:
If the employee finds that the grievance has not been resolved in Step 1, he/she may, within five
(5) working days/shifts after the Department Head's decision is rendered, request in writing that
the City Manager consider the grievance and decision as rendered by the Department Head. Within
ten (10) working days/shifts after the grievance is received, the City Manager (or designated
representative) shall review the facts, issues and make such further investigation as is necessary at
the earliest date consistent with the nature of the grievance and normal conduct of City business.
Within five (5) working days/shifts after concluding the review, the City Manager shall render a
decision in writing to the employee, Department Head, and Human Resources Office.
Unless the decision of the City Manager is appealed by the employee to Step 3 in the time provided,
the grievance shall be deemed resolved, final and binding.
Step 3:
If the employee finds that the grievance has not been resolved in Step 2, he/she may, within five
(5) working days/shifts after the City Manager's decision is rendered, request in writing to the
Personnel Commission that they consider the grievance and decision rendered by the City
Manager. Within fifteen (15) working days/shifts after the grievance is received, the Personnel
Commission shall commence conducting the review. The Personnel Commission shall determine
the best means to conduct the review of the facts, issues and such further investigation as is
necessary at the earliest date consistent with the nature of the grievance and normal conduct of
City business. Within five (5) working days/shifts after concluding the review, the Personnel
Commission shall render a decision in writing to the employee, City Manager, Department Head
and Human Resources Office.
Step 4:
If the employee finds that the grievance has not been resolved in Step 3, he/she may, within five
(5) working days/shifts after the Personnel Commission decision is rendered, submit a request in
writing to the City Council. Within fifteen (15) working days/shifts after the grievance is received,
the City Council (or their designated representative(s) shall commence conducting the review. The
City Council shall determine the best means to conduct the review of the facts, issues and such
further investigation as is necessary at the earliest date consistent with the nature of the grievance
and normal conduct of City business. Within five (5) working days/shifts after concluding the
review, the City Council shall render a decision in writing to the employee, City Manager,
Personnel Commission, Department Head and Human Resources Office.
The decision rendered by the City Council shall be final and binding on all parties.
C.

General Conditions

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Review and determination of a grievance is applicable to certain interpretations and applications
as set forth under Definitions and, as such, cannot change any City adopted salary schedules/ranges
or such other benefits subject to the meet and confer process.
Performance Appraisals and merit step determinations are not grievable matters, except as
provided herein. Performance appraisals and merit increase concerns should be brought forward
to the Human Resources Office, with a final determination to be made by the City Manager. If an
employee does not receive a due evaluation within a month after the due date, the employee may
file a grievance.
An employee may choose to represent himself/herself or select a representative of his/her choice.
The employee shall be personally present at any meeting which may be held, unless he/she
specifically waives that right in writing.
In the event that more than one (1) employee is directly involved in a grievance, they shall select
one (1) person from among them to carry the grievance forward on their behalf. This person may
also select a representative of his/her choice. The employee shall be present at any meetings which
may be held, unless he/she specifically waives that right in writing.
Any time limit of these procedures may be extended by mutual consent of the parties in writing or
by action of the Mayor in writing to all parties.
During the grievance process, there shall be no interruption of scheduled work of a department or
the City.
ARTICLE 18 – SAFETY
A.

Safety Equipment

The City may make such protective clothing or other protective devices available to employees as
the Police Chief deems appropriate under the circumstances. Any employee issued such protective
clothing or other protective device is responsible for the proper care of these items.
B.

Employee Alertness

(1) The most effective safety equipment an employee possesses is an alert mind. Conversely,
an employee whose judgment, reactions and analytical processes are impaired or influenced by
alcohol or drugs poses a risk to himself/herself, his/her fellow officers and employees, and to the
public. The City, therefore, expressly retains the right as explained in this Article to verify that
employees covered by this MOU are alert and are not under the influence of alcohol, controlled
substances, drugs, or other conditions which would tend to affect or impair judgment, reactions or
thought processes.
(2) The parties recognize the problems associated with alcohol and drug abuse in the work place
and recognize the safety hazard which would be presented if an employee worked while under the
influence of alcohol, intoxicating drugs or controlled substances. The parties further agree that a
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testing procedure with both privacy and accuracy safeguards is one appropriate means to protect
the safety of employees.
C.

Drug, Alcohol and Substance Abuse Policy

(1) The City reserves the right, for reasonable suspicion, to require an employee to submit to drug,
alcohol or substance abuse testing.
(2) "Reasonable suspicion" for purposes of this Article includes, but is not limited to the following:
(a)
A critical incident has occurred while on duty for the City or at the employee's work
location.

(b)

D.

(i)

An accident involving a City vehicle or equipment causing damage
to property or persons, in combination with any factors in (b) below.

(ii)

Employee manifests mental or physical impairment sufficient to
raise doubt that normal tasks can be safely or effectively performed.

(iii)

Employee is observed with illegal drug or drug paraphernalia in
possession for possible sale or use; employee is observed with open
container of alcohol in work area or vehicle.

Documented objected facts and a reasonable inference drawn from those facts that
an employee is under the influence of drugs, alcohol or substance. Such objective
facts may include characteristics of the employee's appearance, behavior,
mannerisms, and speech or body odors. Components of such documentation should
include:
1. equilibrium,
2. manner of speech,
3. mental reactions,
4. odor of intoxicants on breath or clothing,
5. eyes,
6. general appearance,
7. physical actions, and
8. work behaviors.

Employee Assistance Program

The City shall maintain an Employee Assistance Program (EAP) for employees and family
members. Such program shall endeavor to provide counseling services for personal and family
member problems related to marital/family, relationship problems, alcohol or drug abuse, stress
related problems, depression, and other types of psychological problems, for employees in need of
such referral and intervention.
E.

Coverage

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The City recognizes the hazards associated with the police profession and will provide adequate
staffing to protect the public and attempt to make certain that employees covered by this MOU are
not exposed to undue or unnecessary hazards. The Police Chief shall determine the appropriate
staffing using these basic principles. Additional staffing over and above authorized current staff
levels is subject to City Council approval.
ARTICLE 19 - NO STRIKE / NO LOCKOUT
It is agreed by the Association and the City that there shall be not strikes and no lockouts during
the term of this MOU.
ARTICLE 20 - DISTRIBUTION
Upon request, the City shall provide copies of this MOU for distribution to the Association.
Additionally, the MOU shall be available on the City’s website.
ARTICLE 21 - EFFECT OF THIS MOU
It is understood and agreed that the specific and express provisions contained in this MOU shall
prevail over employer practice and procedures and over all applicable laws to the extent permitted
by law.
This written MOU sets forth the full and complete agreement between the parties concerning the
subject matter hereof and supersedes all prior informal or formal agreements thereon. There is no
valid or binding representation, inducements, promises, or agreements, oral or otherwise, between
the parties that are not embodied herein.
A.

Completion of Negotiations

The Unit and the City, for the life of this MOU, voluntarily and unqualifiedly waive and relinquish
the right to meet and confer, except for express, conditional re-openers. Neither party shall be
obligated to meet and confer with respect to any subject or matter not specifically referenced in
this MOU, even though such subjects may not have been within the knowledge or contemplation
of either or both parties at the time they signed this MOU, unless required by state or federal law.
Nothing herein shall preclude the parties from meeting and conferring by mutual consent.

ARTICLE 22 – NOTICE
Whenever provision is made in this MOU for the giving, service, or delivery of any notice,
statement, or other instrument, the same shall have been deemed as delivered, duly served or given
upon personal delivery or upon mailing the same by United States registered or certified mail,
proof of service, to the party entitled thereto at the address set forth below:

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Employer
City of Grass Valley, Human Resources
125 E. Main Street
Grass Valley, CA 95945

Association:
Unit No. 6 Representative
129 S. Auburn Street
Grass Valley, CA 95945
Labor Representative
Mastagni, Holstedt, A.P.C.
1912 I Street
Sacramento, CA 95811

ARTICLE 23 –SEVERABILITY SAVINGS CLAUSE
If, during the life of this MOU, any law or any order issued by a court or other tribunal of competent
jurisdiction shall render invalid or restrain compliance with or enforcement of any provision of
this MOU, such provision shall be inoperative so long as such law or order shall remain in effect,
but all other provisions of this MOU shall not be affected thereby and shall continue in full force
and effect.
In the event of suspension or invalidation of any Article or Section of this MOU, the parties
mutually agree to meet and negotiate within ninety (90) days after such determination for the
purpose of arriving at a mutually satisfactory replacement for such Article or Section.
ARTICLE 24 –MAINTENANCE OF NEGOTIABLE BENEFITS
It is understood and agreed by the parties that there exist within the City certain negotiable past
practices, policies, or procedures which pertain to wages, hours, and conditions of employment.
Such matters shall not be modified or rescinded during the term of this Memorandum of
Understanding except by the giving of notice to the Association and providing the opportunity to
meet and confer on the matter.
ARTICLE 25 – TERM OF MOU
Upon the approval of the City Council and ratification of the Association the terms of this MOU
shall be effective July 1, 2020 and shall continue in full force and effect through June 30, 2021.
This MOU may be extended, modified, or amended by mutual agreement in writing by both parties
and City Council approves the extension, modification or amendment. It is understood and agreed
between the parties that all prior MOU's, Agreements, and/or Resolutions between them are hereby
terminated and canceled, and that this MOU supersedes and replaces all such prior MOU’s,
Agreements or Resolutions. Negotiations for successor MOU shall commence no later than April
1st of the last year of the agreement.
RECOMMENDATION OF REPRESENTATIVES
The City and representatives of the Association held meetings and discussed the above, and
representatives of the Association have caused this MOU to be signed and the representative of
the City has caused this MOU to be signed to signify their mutual agreement.

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CITY OF GRASS VALLEY

GRASS VALLEY POLICE
OFFICERS ASSOCIATION

___________________________
TIM KISER, CITY MANAGER

__________________________
EVAN BUTLER, POA PRESIDENT
________________________
DALE NORVELL, TREASURER

APPROVAL OF AGREEMENT
Approval and adoption of this Memorandum of Understanding is made this ______________day
of November 2020, effective July 1, 2020 – June 30, 2021, by the Grass Valley City Council.
_______________________________
LISA SWARTHOUT, MAYOR
ATTEST:
______________________________
ANDY HEATH, CITY CLERK
APPROVED AS TO FORM:
______________________________
MICHAEL G. COLANTUONO, CITY ATTORNEY

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APPENDIX A – SALARY SCHEDULE

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RESOLUTION NO. 2020-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY
ADOPTING AN AMENDED MEMORANDUM OF UNDERSTANDING WITH
THE GRASS VALLEY POLICE OFFICERS ASSOCIATION (UNIT #6) FOR
THE PERIOD JULY 1, 2020 – JUNE 30, 2021 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, the labor negotiations team appointed to represent the City Council of the
City of Grass Valley and representatives of the Grass Valley Police Officer’s Association
(Unit #6) have engaged in negotiations to update the labor Memorandum of
Understanding (“MOU”) between the City and Unit 6; and
WHEREAS, the parties came to an agreement which incorporates updates to the
attached updated MOU;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GRASS VALLEY, as follows:
1. The above recitals are true and correct and are a substantive part of this
Resolution.
2. The City Council of the City of Grass Valley approves the updated Memorandum
of Understanding for the Grass Valley Police Officer’s Association (Unit #6) for
the period of July 1, 2020 through June 30, 2021 and authorizes the City Manager
to execute said agreement.
PASSED AND ADOPTED as a Resolution of the City Council of Grass Valley at a
meeting thereof held on the 24th day of November 2020 by the following vote:
AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAINING: Councilmember

_____________________________
Lisa Swarthout, Mayor
ATTEST:

APPROVED AS TO FORM:

__________________________
Andy Heath, Acting City Clerk

__________________________
Michael Colantuono, City Attorney

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