Grass Valley City Council
August 13, 2024

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, August 13, 2024 at 6:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com AGENDA
Any person with a disability who requires accommodations to participate in this meeting should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the meeting to make a request for a disability related modification or accommodation.

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

MEETING NOTICE
City Council welcomes you to attend the meetings electronically or in person at the City Hall Council Chambers, located at 125 E. Main St., Grass Valley, CA 95945. Regular Meetings are scheduled at 6:00 p.m. on the 2nd and 4th Tuesday of each month. Your interest is encouraged and appreciated.

This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/@cityofgrassvalley.com
Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.

Agenda materials, staff reports, and background information related to regular agenda items are available on the City’s website: www.cityofgrassvalley.com. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Grass Valley website at www.cityofgrassvalley.com, subject to City staff’s ability to post the documents before the meeting.

Please note, individuals who disrupt, disturb, impede, or render infeasible the orderly conduct of a meeting will receive one warning that, if they do not cease such behavior, they may be removed from the meeting. The chair has authority to order individuals removed if they do not cease their disruptive behavior following this warning. No warning is required before an individual is removed if that individual engages in a use of force or makes a true threat of force. (Gov. Code, § 54957.95.)

City of Grass Valley, CA AGENDA August 13, 2024
Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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

REPORT OUT OF CLOSED SESSION

INTRODUCTIONS AND PRESENTATIONS
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after 5pm will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item. There is a time limitation of three minutes per person for all emailed, voicemail, or in person comments, and only one type of public comment per person. Speaker cards are assigned for public comments that are on any items not on the agenda, and within the jurisdiction or interest of the City. Speaker Cards can be pulled until the opening of public comment at which time sign ups will no longer be allowed.

These cards can be found at the City Clerks desk. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item is announced. When recognized, please begin by providing your name and address for the record (optional). Thirty minutes of public comment will be heard under this item in order of the speaker card assigned and the remaining general public comments will be heard at the end of the meeting. We will begin with number one.

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

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

Recommendation: Council approve minutes as submitted.

2. Center For The Arts – Student Matinee Program Funding CEQA: Exempt – Not a Project
Recommendation: That Council 1) review the attached proposal; 2) approve the $16,000 in Special Project funding for this program; and 3) Authorize the Finance

City of Grass Valley, CA AGENDA August 13, 2024
Director to make any necessary budget transfers and/or amendments to fund the Student Matinee Program.

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

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

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

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

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

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

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

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

Option 1) Uphold the Planning Commission’s denial of Use Permit applications 24PLN0008, -0009, and -0010; a) Deny the appeal and uphold the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b)Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report; c) Uphold the Planning Commission’s finding for denial of the Use Permits, that “insufficient quantitative evidence was provided to document a need for a reduction of the covered parking standard;” and, d) Deny the Use Permits as presented in this Staff Report.

Option #2) Overturn the Planning Commission’s denial of Use Permit applications 24PLN-0008, -0009, and -0010; a) Uphold the appeal and overturn the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b) Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to

City of Grass Valley, CA AGENDA August 13, 2024
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report; c) Adopt Findings of Fact as detailed in the June 18, 2024 Planning Commission Staff Report for approval of the Use Permits as presented in the Staff Report; and, d) Approve the Use Permits as presented in this Staff Report.

Option #3) Continue the appeal of Use Permit applications 24PLN-0008, -0009, and - 0010 for additional information to be provided

ADMINISTRATIVE

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

BRIEF REPORTS BY COUNCIL MEMBERS

CONTINUATION OF PUBLIC COMMENT

ADJOURN

POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, August 13, 2024 at 6:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, August 9, 2024.
________________________
Taylor Whittingslow, City Clerk

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, July 23, 2024 at 6:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com

MINUTES
Mayor Jan Arbuckle, Vice Mayor Hilary Hodge, Councilmember Bob Branstrom, Councilmember Haven Caravelli, Councilmember Tom Ivy

CALL TO ORDER
Meeting called to order at 6:03PM.

PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Mayor Arbuckle.

ROLL CALL

PRESENT
Councilmember Bob Branstrom
Councilmember Haven Caravelli
Councilmember Tom Ivy
Vice Mayor Hilary Hodge
Mayor Jan Arbuckle

AGENDA APPROVAL
Motion made to approve the agenda as submitted by Vice Mayor Hodge, Seconded by Councilmember Branstrom.

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

REPORT OUT OF CLOSED SESSION
No reportable action.

INTRODUCTIONS AND PRESENTATIONS

1. Meeting of Dash, Grass Valley Police Departments new K9 Chief of Police, Alex Gammelgard, introduced Officer Duncan and K9 Dash.

PUBLIC COMMENT
In Person Public Comments #1-3.

Virtual Public Comment: Matthew Coulter

Item # 1.

City of Grass Valley, CA MINUTES July 23, 2024

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

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

2. Approval of the Regular Meeting Minutes of July 9th, 2024.

Recommendation: Council approve minutes as submitted.

3. Local Transportation Fund (LTF) Claim for Transit and Paratransit Operations CEQA: N/A – Not a Project
Recommendation: That Council adopt a resolution requesting that Nevada County Transportation Commission (NCTC) allocate $642,298 of the City’s FY 2024/25 estimated apportionment of LTF in support of transit and paratransit services.

4. 2024 Annual Measure E Street Rehabilitation Project – Final Acceptance CEQA: N/A – Project is Complete
Recommendation Motion: That Council: 1) accept the 2024 Annual Measure E Street Rehabilitation Project as complete, and 2) authorize the City Engineer to file a Notice of Completion with the County Recorder.

5. Bennett Street Bridge Maintenance Project – Authorization to Bid CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and 2) authorize the advertisement for bids.

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

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

7. Annual Approval of the Consumer Price Index (CPI) Adjustment to the Special Emergency Medical and Fire Response Tax.

CEQA: Not a Project
Recommendation: That Council 1) Approve a rate increase to the Special Emergency Medical and Fire Response Tax of 3.4% based on the December 2023 CPI. 2) Adopt Resolution 2024-59 requesting that the Nevada County Auditor place the adjusted Measure A special tax for 2024/2025 on the tax rolls.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

Item # 1.

City of Grass Valley, CA MINUTES July 23, 2024

ADMINISTRATIVE

8. Community Farms Planning for Mautino Park
CEQA: Not a project.

Recommendation: That Council 1) receive proposals for Community Farm Planning from Interfaith Food Ministry and Sierra Harvest; 2) approve funding up to $30,000 for each proposal; and 3) authorize the City Manager to prepare and execute agreements for approved proposals, subject to legal review.

Deputy City Manager, Taylor Whittingslow introduced the proposal to Council.

Interfaith Food Ministry and Sierra Harvest presented their proposals.

Council asked what IFM and Sierra Harvest will be using the funds for, how often the two groups would be meeting, if they are working closely with Waste Management and how the funding will continue.

Public Comment: Matthew Coulter
Motion made to approve funding up to $30,000 for each proposal and authorize the City Manager to prepare and execute agreements for approved proposals, subject to legal review.by Vice Mayor Hodge, Seconded by Councilmember Caravelli.

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

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Caravelli attended the ERC Meeting and the Music in the Mountains Happy Birthday America Event at the Northstar House. Councilmember Ivy represented Grass Valley at the NCTC meeting in Truckee, toured some of Truckee’s parks and trails, attended the Pioneer Community Energy Meeting and noted that they will be dropping rates 5%, he also participated in the monthly Wolf Creek monitoring event. Councilmember Branstrom saw Union Pacific's largest train, saw a production at Sierra Stages, visited the Gold Country Senior Center, and attended the CalCities Regional Meeting in Elk Grove. Mayor Arbuckle attended the League of California Cities meeting in Pasadena and went to Florida for NLOC Women’s Conference.

ADJOURN
Meeting adjourned at 7:37PM.
_____________________________ ______________________________ Jan Arbuckle, Mayor Taylor Whittingslow, City Clerk
Adopted on:_____________

Item # 1.

CITY OF GRASS VALLEY CITY COUNCIL MEETING

GENERAL PUBLIC COMMENT SIGN IN SHEET
WELCOME to the City of Grass Valley City Council meeting! Public Comments provide an opportunity for the public to address the City Council on any subject which is not on the agenda but in the jurisdiction of the council. If you wish to speak, please indicate in the appropriate box when you sign in and take the number corresponding to your name. Each individual can have up to 3 minutes of public comment. At the beginning of the meeting, there will be an allotted 30 minutes of general public comments and the remainder of comments will be heard at the end of the agenda.

Speakers will be called in order of the numbers given.

When you are recognized by the mayor:

1. Please stand before the podium and give your name and address. (optional)

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

3. If previous speakers have made the same point, you may simply indicate your support or disagreement, unless you have new information.

Thank you for your participation.
#'s
1 2
3 4
Print Name
or N/A
Address
optional
a. &V
Self /Business
tional
,..,.,•
5 6
7 8
9 10
11 12
13 14

Item # 1.

Mr. Timothy Kiser, City Manager July 16, 2024
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
RE: Measure B Questions
Dear Mr. Kiser,
First, I would like to convey my appreciation for your responses to my earlier inquiries regarding Measure B. They were informative and quite helpful.

I would now like to inquire regarding answers to my remaining questions. Some were posed 6 weeks ago and the latest nearly 4 weeks ago. I realize the position you hold at the City demands attention and that your time is valued. However, I assure you that receiving timely answers will not only be appreciated and valued by me but may prove to be even more valuable to the citizens of Grass Valley.

For your easy reference I have included a list of the dates of the letters posing the questions along with a synopsis of each question. Each letter includes background information for the questions. Please rely on the letters for full context and understanding when considering the questions.

Letter Date Question
June 4, 2024 • Does Resolution 2023-57, while calling for a general tax measure to fund specific financial needs, violate Gov Code 53721?
• If “Yes”, does this render the Resolution null and void? June 5, 2024 • Effective (operative) date of July 1st? Answered by default. • Person responsible for inserting the July 1st date into the agreement with CDTFA?
• Intent of “Operative Date”? Answered by default.
• Must agreements be reissued? Answered by default.
• Level of City expenses incurred due to error?
June 13, 2024 • Was the 10-day waiting period specified in Section 18 required prior to adopting Ordinance No. 826?
June 13, 2024 • Does Council’s motion and vote to adopt Ordinance No. 826 violate Gov Code 54954.2 (a) (1) & (3)?
June 17, 2024 Rebuttal leaves question remaining from my June 3 letter:
• Does inaccurate statement render Resolution 2023-57 null and void? June 21, 2024 • Does the BALLOT QUESTION for Measure B violate the Elections Code Section 13119? Also, please refer to my May 14, 2024 letter. • If “Yes”; does this render Measure B null and void?

Item # 1.

Please recall that in most cases if the answer is “No”, I have requested an explanation and asked that you provide any citations or authorities on which you might have relied.

If you require additional copies of any of the letters, I will be pleased to provide them.

Given the length of time that has passed, it occurs to me that you or others may believe my questions seek information that is not public. I would certainly appreciate knowing if that were the case.

Perhaps my discussion preceding each of the questions is not clear, or the basic premise is incorrect. Please advise and I will attempt to clarify or correct.

Perhaps you or others believe my questions to be inappropriate, or you have been directed not to respond. I hope this is not the case, but if so, I would appreciate you keeping me advised.

Your cooperation thus far has been appreciated. If there is anything lacking on my part, I will be happy to respond to your requests.

Regards,
Tim McCall
424 S Auburn Street
Grass Valley, CA 95945

Item # 1.

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

Prepared by: Timothy M. Kiser P.E., City Manager
Council Meeting Date: 08/13/2024 Date Prepared: 08/06/2024 Agenda: Consent
Background Information: During the budget discussions for Measure E, the City Council decided not to allocate Measure E funds for the Student Matinee Program at the June 25, 2024, Council Meeting. This decision aligned with the Measure E Oversight Committee's recommendation from their June 24, 2024, meeting.

At the June 25, 2024, Council Meeting, the City Council directed City staff to explore alternative funding options for the Student Matinee Program and present these options for consideration. Given the limited new revenues in the general fund, staff suggests using Special Project funds to support the program as a one-time expenditure.

Staff requests Council direction on funding the Student Matinee Program as proposed by The Center for the Arts. Attached is the Center for the Arts proposal for this program for City Council reference and consideration.

Council Goals/Objectives: The Student Matinee Program executes portions of work tasks towards achieving/maintaining Strategic Plan – Recreation and Parks, and Community & Sense of Place and Economic Development and Vitality.

Fiscal Impact: The Student Matinee Program will be fully funded with Special Project funds to support the program as a one-time expenditure.

Funds Available: Yes Account #: 310 – Special Project Funds Reviewed by: City Manager
Attachments: Exhibit – Center For The Arts – Student Matinee Program Proposal

Item # 2.
1 of 3
City of Grass Valley Proposal
May 23, 2024

THE CENTER FOR THE ARTS

Item # 2.
2 of 3

BACKGROUND
The Center for the Arts and the city of Grass Valley have forged a symbiotic relationship that extends beyond the realm of cultural enrichment. This partnership serves as a cornerstone for economic vitality in the community. As a cultural hub, The Center attracts diverse audiences from near and far, fostering tourism and generating foot traffic that benefits local businesses, including restaurants, shops, and accommodations. The infusion of visitors not only enhances the city's vibrancy but also contributes substantially to its economic growth. Beyond being a mere venue for artistic expression, The Center for the Arts functions as a powerful economic driver, creating a ripple effect that bolsters the local economy and positions Grass Valley as a destination for both artistic endeavors and economic opportunities. Grass Valley has historically been a generous supporter of The Center for the Arts, but in the past two years this support has not been present.

HISTORY OF GIVING
2015 - $15,000 TOTAL
$5,000 pass through to support Wild and Scenic
2016 - $15,000 TOTAL
$10,000 for WorldFest and $5,000 for Youth Arts Education 2017 - $20,000 TOTAL
$10,000 for WorldFest and $10,000 Youth Arts Education
2019 - $20,000 TOTAL
$10,000 for WorldFest and $10,000 for Youth Arts Youth Arts Education

STUDENT MATINEE PROGRAM
Since Spring 2022, the California Arts Council has supported a Student Matinee Program for the youth of Nevada County. With four schools within walking distance of The Center, this program has presented professional theater productions to more than 800 Grass Valley school children annually. The funding for this program will end in 2024.

With support from the City of Grass Valley, The Center for the Arts will be able to continue the Student Matinee Program consisting of two dramatic productions for local schoolchildren, with an emphasis on K-5th grade. The Program’s goal is to expose local schoolchildren to a variety of theater experiences and live performances and to inspire students to participate in additional programs offered at The Center. Each of our chosen productions are

THE CENTER FOR THE ARTS

Item # 2.
3 of 3
culturally diverse, and offer a variety of viewpoints from a number of different geographical backgrounds, and for many students this may be their first experience of live theater. Our goal is to reduce financial barriers that prohibit socioeconomically disadvantaged families from participating in our programs. We will offer the Program at no cost to participating schools.

Our Request
Each matinee benefits hundreds of students and includes study guides for teachers and post show discussions for schoolchildren. The cost of one student matinee is $8,000. Our goal is to continue to this program for the students of the Grass Valley school district and produce two annual productions at a total cost of $16,000.

Thank you for your consideration to continue this beneficial program for the students of Grass Valley! Sincerely,
Amber Jo Manuel
Executive Director

THE CENTER FOR THE ARTS

Item # 2.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Continuation of 20% Water Conservation from all City Customers Due to inoperable Drum and South Yuba Canals
CEQA: Not a Project.

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

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: August 13, 2024 Date Prepared: August 9, 2024 Agenda: Consent
Background Information: On March 27, 2024, Nevada Irrigation District (NID) adopted a resolution declaring a water shortage emergency related to Pacific Gas and Electric Company’s (PG&E’s) unplanned outages on the South Yuba Canal and Spaulding Reservoir.

In February and March 2024 respectively, PG&E notified NID that a portion of the South Yuba Canal and Drum Canal were rendered inoperable due to a collapse and powerhouse failure. These two combined failures have rendered it impossible to move water into the Drum and South Yuba Canals. Both canals serve as the delivery conduit to provide water to thousands of customers in the NID service area, including raw water to the City of Grass Valley’s Water Treatment plant. Therefore, NID has deemed it necessary to implement water conservation for all District customers. On June 26, 2024, NID implemented mandatory water conservation for all district users of 20% of their 2023 usage.

As the City receives raw water from NID, City Council adopted Resolution 2024-54 on July 9th, 2024, that mandated all City water user customers to conserve 20% of their normal water usage until (a) notification by the NID that water delivery in satisfactory volumes has been re-established by PG&E; or (b) superseded by the NID Board of Directors, whichever is earlier. At this time, the Mandatory Water Conservation is still in place.

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

Fiscal Impact: Depending on the length of outage may have reduction in water fund for reduced water usage.

Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager

Item # 3.

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

Prepared by: Catrina Olson, Deputy Administrative Services Director Council Meeting Date: 08/13/2024 Date Prepared: 08/07/24 Agenda: Consent
Background Information:

Over the course of the several 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, 2024. 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:

MOU Provision Estimated Annual Incremental
Cost

1. Term of Agreement – July 1, 2024 – June 30, 2026

2. $3,500.00 lump sum off salary schedule payment.
 (Note: the effective date of the contract is
July 1, 2024, lump sum off salary schedule
payment to be paid with paycheck date
08/23/2024)

3. $3,500.00 lump sum off salary schedule payment
 (Note: the effective date of the second lump
sum off salary schedule payment is effective
July 1, 2025, payment to be paid with
paycheck date 07/11/2025)
FY 24/25 General Fund: $63,000
FY 24/25 Measure E: $28,000
FY 25/26 General Fund: $63,000
FY 25/26 Measure E: $28,000

Item # 4.

4. Additional step – 5% effective January 1, 2025.
 Employees currently at top step for more than
one (1) year eligible 01/01/2025.
 All other employees are eligible on applicable
anniversary date after 01/01/2025.

Council Goals/Objectives:

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 Impact:

The estimated cost total for the term of the agreement, July 1, 2024 – June 30, 2026, is $317.427.97, of which $212,408.50 is General Fund and $105,019.47 is Measure E. For FY24/25 the estimated total cost would be $132,516.98 and for FY25/26 the estimated total cost would be $184,910.99. Please note if sufficient funds are not available for the estimated costs allocated to Measure E, the General Fund will have sufficient funds to cover the estimated costs.

Funds Available: Yes Account #: General Fund
Measure E Fund
Reviewed by: Tim Kiser, City Manager ______
Attachments:
 Resolution No. 2024-60 - Approval of Unit 6 Memorandum of Understanding  Memorandum of Understanding – Unit 6
FY 24/25 General Fund: $26,980.03
FY 24/25 Measure E: $14,536.95
FY 25/26 General Fund: $59,428.47
FY 25/26 Measure E: $34,482.52

Item # 4.

RESOLUTION NO. 2024-60

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, 2024 – JUNE 30, 2026 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, 2024, through June 30, 2026, 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 13th day of August 2024, by the following vote:

AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
ABSTAINING: Councilmember
_____________________________
Jan Arbuckle, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ _____________________________ Taylor Whittingslow, City Clerk Michael Colantuono, City Attorney

Item # 4.

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, 2023 2024 – June 30, 20242026

Item # 4.
ii

TABLE OF CONTENTS

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 ........................... 4 Pay Periods....................................................................................................................... 5 Work Periods ................................................................................................................... 5 Calculation of Compensation ........................................................................................... 5 Work Shift ........................................................................................................................ 5 ARTICLE 6 - OVERTIME; CALLBACK; STANDBY; COURT TIME;
SPECIALTY PAY ..................................................................................................................... 5 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 ...................................................................................................................... 6 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 ........................................................................................................ 10 Vacation Leave .............................................................................................................. 11 Holidays ......................................................................................................................... 12 Jury Duty ....................................................................................................................... 12 Community Service and Professional Organization Participation ................................. 12 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 ........................................................................ 14 Classic Member Retirement Benefits ............................................................................ 14 Retirement Benefits – Tier 1 .......................................................................................... 14 Retirement Benefits – Tier 2 .......................................................................................... 14

Item # 4.
iii
Classic Member Retirement Contributions .................................................................... 15 Social Security ............................................................................................................... 15 Supplemental Retirement Benefits ................................................................................ 15 Retiree Health Insurance Benefit ................................................................................... 16 ARTICLE 9 - SALARY SCHEDULE .................................................................................... 16 Salary Schedule ............................................................................................................. 16 Salary Adjustment .......................................................................................................... 16 City Contribution to PEPRA Tier Deferred Compensation Account………………….16 Shift Differential ............................................................................................................ 16 Rules for Use of Salary Schedule .................................................................................. 17 ARTICLE 10 - HEALTH AND WELFARE ......................................................................... 18 Insurance Benefits .......................................................................................................... 18 Gym Membership .......................................................................................................... 19 Short Term Disability Insurance……………………………………………………….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 .................................. 20 Layoff/Furlough Provisions ........................................................................................... 20 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 ........................................................................................................ 26 ARTICLE 18 - SAFETY ......................................................................................................... 27 Safety Equipment ........................................................................................................... 27 Employee Alertness ....................................................................................................... 27 Drug, Alcohol and Substance Abuse Policy .................................................................. 27 Employee Assistance Program ...................................................................................... 28 Coverage ........................................................................................................................ 28 ARTICLE 19 - NO STRIKE/NO LOCKOUT ...................................................................... 28 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 ............................................................ 30 APPROVAL OF AGREEMENT ........................................................................................... 31 APPENDIX A – SALARY SCHEDULE................................................................................ 32

Item # 4.
1 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

Item # 4.
2 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.

Item # 4.
3 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

Item # 4.
4 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.

Item # 4.
5 ARTICLE 5 - HOURS OF WORK AND BASIS OF COMPENSATION
A. Pay Periods
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.

Item # 4.
6 ARTICLE 6 - OVERTIME, CALLBACK, STANDBY, COURT TIME, SPECIAL

ASSIGNMENT PAY
A. Overtime
(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

Item # 4.
7 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 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. Special Assignment 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 special assignment pay. If an employee is routinely and consistently assigned to any of the below listed special assignments, the employee shall be compensated in the amount of two and one half or five percent (2.5 or 5%) as noted below , and in accordance with CCR Section 571.
(1) Bilingual Premium 5%
(2) Officer-In-Charge Pay 5%
(3) Field Training Officer (FTO) (while training) 5%
(4) Corporal 5%
(5) Traffic Officer 5%
(6) School Resource Officer (SRO), Juvenile Officer Premium 5% (7) Detective Division Premium 5%
(8) Special Assignment Pay - as determined by
Chief of Police in accordance with § 571.

Item # 4.
8 Definition of Special Compensation. 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 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 % of Base Salary
Associate of Arts or Science 2.5%
Bachelor of Arts or Science 5.0%
Master of Arts or Science 2.5%
b. Eligible Degrees for Police Sergeants:

Degree % of Base Salary
Bachelor of Arts or Science 2.5%
Master of Arts or Science 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.

Certificate % of Base Salary
Intermediate 2.5%
Advanced 2.5%
Supervisory 2.5%

Item # 4.
9 Management 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 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)..
e) The City of Grass Valley may allow the use of sick leave due to the illness/medical

Item # 4.
10 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
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

Item # 4.
11 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.

This provision shall be implemented in a manner consistent with California Bereavement Leave program effective January 1, 2023.

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 four (4) years, .............. eighty (80) hours per year (3.08 hours per pay period) 49 months to 12 years, ......... one hundred twenty (120) hours per year (4.62 hours per pay period) 145 months and over, ............ one hundred and sixty (160) hours per year (6.15 hours per pay period)
Employees with more than 20 years of service as of July 1, 2023, shall continue to receive 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 380 hours. 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 eighty (80) hours.

Elective cash-out provisions:

Item # 4.
12 1. 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.

2. 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.

3. 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.

4. 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.

5. Payment will be issued at the employee’s current regular rate of pay at the time the payment is made.

As a recruitment incentive for the lateral hire of a police officer, the City may, at its discretion, offer accrual of vacation leave placement at a competitive rate based on experience as a police officer or deputy sheriff and up to 80 hours vacation incentive at date of hire.

F. Holidays
Employees will accrue a maximum of 132 holiday hours each calendar year at an accrual rate of

5.07 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.

Item # 4.
13 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 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.

Item # 4.
14 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 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

Item # 4.
15 Retirement Benefits – Tier 1
Employees hired before July 1, 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 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
Effective the first full pay period following July 1, 2023,The total Classic Employee pension contribution shall be 9% 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

Item # 4.
16 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 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.

ARTICLE 9 – SALARY
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
Each classification covered by this MOU shall have an additional step (5%) added effective January 1, 2025.
o Employees currently at top step for more than one (1) year eligible 1/1/25.

Item # 4.
17 o All other employees are eligible on applicable anniversary date after 1/1/25.

C. Off Salary Schedule Payments
o Upon City Council approval of MOU all employees shall receive a $3,500.00 lump sum Off Salary Schedule Payment with their next regularly scheduled paycheck.
o Effective the first regularly scheduled paycheck following July 1, 2025, all employees shall receive a $3,500.00 lump sum Off Salary Schedule Payment.

Effective the first full pay period following July 1, 2023 pay rates for all unit classifications shall increase by 3%.

C.D. City Contribution to PEPRA Tier Deferred Compensation Account Effective the first full pay period following July 1, 2023, tThe City shall make a three percent (3%) of base salary contribution to each sworn PEPRA safety member’s 457(b) deferred compensation account, up to the lesser of each sworn PEPRA safety member’s includible compensation or the IRC 457(b) limits set forth in IRC section 457(e)(15).

D. Shift Differential

1. An employee, whose shift that has 50% or more of hours worked between the hours of 5:00 p.m. and 5:00 a.m., shall be paid an additional night shift differential of five percent (5%) of their hourly adjusted base wage, per shift worked.

2. An employee, who is assigned a rotational shift that has 50% or more of hours worked between 5:00 p.m. and 5:00 a.m., shall be paid an additional night shift differential of five percent (5%) of their hourly adjusted base wage, for all hours worked outside of the rotational shift (I.E.: Court, shift shortages, training, Departmental needs etc.), up to a maximum of 3 months.

3. The above provisions are subject to change by the Chief of Police or his designee, on a case-by-case bases, to ensure appropriate application of these provision and to suit the needs of the department.

E. Rules for Use of Salary Schedule

1. 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.

Item # 4.
18 2. 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.

3. 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.

4. 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, and the employee is eligible for a merit increase, the merit increase is to be included in the base salary before the promotion.

5. 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.

6. 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.

7. 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.

Item # 4.
19 F. Lateral Hire Incentive
A. As a recruitment incentive for the lateral hire of a police officer, the City may, at its discretion, offer Salary step placement at a competitive rate based on experience as a police officer or deputy sheriff.

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 (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.

C. Short Term Disability Insurance

Item # 4.
20 SDI is now in force for bargaining unit employees. The employee is entitled to supplement weekly SDI benefits with accumulated leave time up to the amount of his/her regular monthly salary.

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. (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

Item # 4.
21 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:
(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

Item # 4.
22 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 person who displaces him/her and shall likewise be restored as provided herein, in a class in which an unfilled position exists, or,
(b) 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.

Item # 4.
23 (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
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. 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.

Item # 4.
24 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.

B. Procedure for Major Discipline

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.

Item # 4.
25 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.
iv. 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.

4. 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.

Item # 4.
26 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 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

Item # 4.
27 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
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

Item # 4.
28 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 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.
(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.
(b) 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:

Item # 4.
29 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.

D. 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
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.

Item # 4.
30 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:

Employer Association:

City of Grass Valley, Human Resources Unit No. 6 Representative 125 E. Main Street 129 S. Auburn Street
Grass Valley, CA 95945 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.

Item # 4.
31 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, 2023 2024 and shall continue in full force and effect through June 30, 20242026.

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.

GRASS VALLEY POLICE

CITY OF GRASS VALLEY OFFICERS ASSOCIATION
_______________________________ _______________________________

TIM KISER, CITY MANAGER JOHN HERRERA, POA PRESIDENT

_______________________________

BRIAN COVELLA, TREASURER

APPROVAL OF AGREEMENT
Approval and adoption of this Memorandum of Understanding is made this eighth thirteenth day of August 20232024, effective July 1, 2023 2024 – June 30, 20242026, by the Grass Valley City Council.
_______________________________

JAN ARBUCKLE, MAYOR

Item # 4.
32 ATTEST:
___________________________________________

TAYLOR DAY, CITY CLERK
APPROVED AS TO FORM:
___________________________________________
MICHAEL G. COLANTUONO, CITY ATTORNEY

Item # 4.
33 APPENDIX A – SALARY SCHEDULE

Item # 4.

City of Grass Valley Salary Schedule
FY 2024-2025
Position A B C D E F G A B C D E F G A B C D E F A B C D E F Police Unit 6 July 1, 2024 - June 30, 2026:

Police Officer Trainee 30.26 0.00 0.00 0.00 0.00 0.00 0.00 2,420.91 - - - - - - 5,245.31 - - - - - - 62,943.71 - - - - - - Police Officer I 35.68 37.45 39.35 41.29 43.37 45.54 47.81 2,854.34 2,996.06 3,147.68 3,303.42 3,469.86 3,642.90 3,824.80 6,184.39 6,491.47 6,819.97 7,157.40 7,518.04 7,892.96 8,287.07 74,212.74 77,897.66 81,839.68 85,888.82 90,216.46 94,715.50 99,444.80 Police Officer II 37.52 39.41 41.38 43.46 45.63 47.91 50.30 3,001.83 3,152.62 3,310.01 3,476.46 3,650.32 3,832.42 4,024.00 6,503.97 6,830.69 7,171.68 7,532.32 7,909.03 8,303.59 8,718.67 78,047.63 81,968.22 86,060.21 90,387.86 94,908.32 99,643.02 104,624.00 Police Sergeant 47.00 49.34 51.82 54.39 57.12 59.96 62.95 3,759.91 3,946.96 4,145.54 4,351.54 4,569.90 4,796.50 5,036.00 8,146.48 8,551.75 8,982.01 9,428.35 9,901.46 10,392.43 10,911.33 97,757.71 102,620.96 107,784.14 113,140.14 118,817.50 124,709.10 130,936.00 Hourly Bi Weekly Monthly Annually

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Appointment of Councilmember’s for the Measure B Oversight Committee CEQA: Not a Project
Recommendation: That the City Council appoint Measure B Oversight Committee members Aguilar, Rogers, and Bibby to terms ending December 2024, and Committee Member Poston to term ending in December 2026 .

Prepared by: Taylor Whittingslow, City Clerk
Council Meeting Date: 8/13/2024 Date Prepared: 8/9/2024 Agenda: Consent
Background Information: In March of 2024 Grass Valley citizens voted to approve Measure B, a tax measure that implemented a 3/8ths percent City transaction and use (sales) tax. Measure B expands funding for such general fund purposes for Fire Resiliency and Vegetation Management. All Measure B funds stay local and all expenditures subject to an annual audit by an independent citizen oversight committee. See the City website at www.cityofgrassvalley.com for more information on Measure B.

The Citizen’s Oversight Committee reviews an independent audit of tax receipts and how they are spent each year and advises the City Council on how tax money should be spent. The Council must discuss the audit results at a public meeting each year and post them on the City’s website.

The all city councilmembers are tasked with nominating one new Measure B Oversight Committee member and they are as follows:
 Councilmember Arbuckle has nominated Grass Valley community member Ben Aguilar term ending December 2024.
 Councilmember Branstrom has nominated Grass Valley community member Susan Rodgers term ending of December 2024.
 Councilmember Ivy has nominated Grass Valley community member Kiya Bibby term ending of December 2024.
 Councilmember Caravelli has nominated Grass Valley community member Elizabeth Poston term ending of December 2026.

Council Goals/Objectives: The Measure B Oversight Committee executes portions of work tasks towards achieving/maintaining Strategic Plan – Open and Collaborative City Government.

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

Item # 5.

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

Recommendation: Based upon the evidence in the public record, and the Planning Commission’s 3:1 denial, staff recommends that the City Council take one of the following actions:
1) Uphold the Planning Commission’s denial of Use Permit applications 24PLN-0008, - 0009, and -0010
a. Deny the appeal and uphold the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b. Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report
c. Uphold the Planning Commission’s finding for denial of the Use Permits, that “insufficient quantitative evidence was provided to document a need for a reduction of the covered parking standard;” and,
d. Deny the Use Permits as presented in this Staff Report. 2) Overturn the Planning Commission’s denial of Use Permit applications 24PLN-0008, - 0009, and -0010
a. Uphold the appeal and overturn the Planning Commission’s denial of the Use Permit applications for a reduction in covered parking requirements; b. Determine the proposed projects at 210 Sutton Way (24PLN-0008), 265 Sutton Way (24PLN-0009), and 228 Sutton Way (24PLN-0010) exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the attached June 18, 2024 Planning Commission Staff Report
c. Adopt Findings of Fact as detailed in the June 18, 2024 Planning Commission Staff Report for approval of the Use Permits as presented in the Staff Report; and,
d. Approve the Use Permits as presented in this Staff Report. 3) Continue the appeal of Use Permit applications 24PLN-0008, -0009, and -0010 for additional information to be provided
Prepared by: Lucy Rollins, Senior Planner
Council Meeting Date: August 13, 2024 Date Prepared: August 5, 2024 Agenda: XXX
Background Information: At the June 18, 2024 meeting, the Planning Commission held a public hearing to consider three Use Permit applications for a reduction in the multifamily covered parking

Item # 6.
standard at 210 Sutton Way (Cedar Park Apartments, 24PLN-0008), 265 Sutton Way (Glenbrook Apartments, 24PLN-0009), and 228 Sutton Way (Oak Ridge Apartments, 24PLN-0010). The request was to reduce the covered parking requirement to zero. This hearing had been continued from the Planning Commission’s May 21, 2024 meeting. The three applications were heard as one item as they were submitted by the same applicant for the same request based on the same justification for three neighboring apartment complexes.

The applicant, Cascade Housing Association, operates 100 percent affordable housing at these complexes, originally approved in the late 1990’s and early 2000’s. At the time of original construction, carports were installed to meet the requirements of the approved projects. In the winter of 2023, several carports were damaged or destroyed by snow, and subsequently all carports were removed by the owner. Retroactive demolition permits were issued for the removals in March 2024, after the owner applied for a building permit for new exterior lighting, that alerted City staff to the removal of the carports.

There were two members of the public who provided public comment on this item at the June 18, 2024 hearing. The primary issues raised included tenant concerns about vehicle exposure to sun and snow with no where to shovel snow that builds up on vehicles, a request to apply standards consistently, and a note that the structures were demolished without a permit and the possibility of overlooked emergency funding support at the time of collapse.

There were four Planning Commissioners present for the item: Vice Chair Brouillette, Commissioner Coots, Commissioner Gross, and Commissioner McDonald. Chair Robins was absent. The Planning Commission deliberated extensively on the applications, discussing the cost of covered parking installation, alternatives to traditional carports to provide covered parking, covered parking as an amenity for residents, financial constraints on affordable housing, and more. At their June meeting, the Planning Commission denied the Use Permit applications with a 3:1 vote, based on the finding that insufficient quantitative evidence was provided to document a need for a reduction of the covered parking standard. The June 18th, 2024 Planning Commission staff report is attached and the full discussion can be viewed at the following link, beginning at the 15:50 time marker:
https://www.youtube.com/watch?v=FhtD_r2MxRU.

On July 1, 2024, Staff received an appeal from Denni Ragsdale on behalf of Cascade Housing Association challenging the Planning Commission’s denial of the Use Permit applications. The appeal was timely filed within the 15-day appeal period following the Planning Commission decision.

Appeal Description:

The applicant is appealing the Planning Commission decision to deny the Use Permits based on insufficient evidence. The appeal makes the following points:
1) Reiterates that the cost of installing carports exceeds the insurance claim payout received for the removal of the damaged structures, and sites the potential future cost should the carports fail again as an additional barrier to financial feasibility to construct and maintain carports.
2) Asserts that all requirements of the Use Permit were met and the Planning Commission did not have sufficient evidence to deny the permit.
3) Expresses the need to apply Density Bonus Law incentives that apply to housing developments seeking a density bonus for affordable housing in order to preserve existing affordable housing, siting requirements of California Government Code Section 8899.50(b)(1).

Staff Response:

To support the applications for the Use Permits, the applicant provided the following documentation of the need for a reduction in covered parking standards:

Item # 6.
 Images of carport damage and failures at each of the three properties  A proposal by Element 26 Construction to replace the carports like-for-like for a total of $261,600 at Glenbrook Apartments, $348,800 at Oak Ridge Apartments, and $436,000 at Cedar Park Apartments
 Evidence of the insurance claims and payouts for each property. After a $25,000 deductible for each property, the applicant received $128,103.03 for Glenbrook Apartments, $177,449.76 for Oak Ridge Apartments, and $178,149.91 for Cedar Park Apartments  Invoices for the demolition of all carports at each of the three properties totaling $39,000 for Glenbrook Apartments, $48,000 for Oak Ridge Apartments, and $60,000 for Cedar Park Apartments,
 Site plans of the original approval of each property showing 56 carports at Glenbrook Apartments, 67 at Oak Ridge Apartments, and 81 at Cedar Park Apartments.  CalHFA and CTCAC regulatory agreements demonstrating affordability restrictions on each property
 Operating cost details
Following the May 21, 2024 Planning Commission meeting, the applicant researched potential cost savings for installation of solar carports, at the request of the Planning Commissioner. In response to this, the following information was provided for the June 18, 2024 meeting:
 Updated operating cost details
 A narrative of preliminary results based on research into solar carport financial feasibility Section 17.36.080 of the Grass Valley Municipal Code states that the burden of proof to demonstrate a need for a reduction in parking requirements is on the applicant to provide sufficient quantitative evidence for the review authority to make a determination. The Planning Commission acknowledged the hardship of installing and maintaining carports, while also noting the loss of an amenity advertised to residents.

Council Goals/Objectives: A City Council decision on an appeal of a Planning Commission decision supports the 2022 Strategic Plan Update, Goal #5: The City of Grass Valley strives to exemplify an innovative, efficient, effective, open and collaborative city government.

Fiscal Impact: none
Funds Available: not applicable Account #: TBD
Reviewed by: Amy Wolfson, City Planner
Attachments:
1) Appeal Form
2) May 21, 2024 Planning Commission Staff Report
3) June 18, 2024 Planning Commission Staff Report

Item # 6.

ATTACHMENT LIST
24PLN-08 / 210 Sutton Way, 24PLN-09 / 265 Sutton Way, 24PLN-10 / 228 Sutton Way

1. Appeal Form

2. May 21, 2024 Staff Report and Attachments
a. Staff Report
b. Universal Applications
c. Use Permit Applications
d. Carport Damage Images
e. Carport Replacement Estimates
f. Insurance Claims
g. Demolition Invoices
h. Operating Costs
i. Site Plans
j. CalHFA and CTCAC Deed Restrictions

3. June 18, 2024 Staff Report and New Attachments
a. Staff Report
b. Solar Carport Research Results
c. Updated Operating Costs

Item # 6.

CITY OF GRASS VALLEY

APPEAL &KZD
City Clerk's Office
125 East Main Street
Grass Valley, CA 95945
zŽƵŵĂLJƵƐĞƚŚŝƐĨŽƌŵ͕ŽƌƉƌŽǀŝĚĞĂůĞƚƚĞƌƚŚĂƚŝŶĐůƵĚĞƐƚŚĞĨŽůůŽǁŝŶŐŝŶĨŽƌŵĂƚŝŽŶ͕ƚŽĂƉƉĞĂůĂĚĞĐŝƐŝŽŶ ŵĂĚĞ ďLJ ƚŚĞ ŽŵŵƵŶŝƚLJ ĞǀĞůŽƉŵĞŶƚ ŝƌĞĐƚŽƌ͕ ĞǀĞůŽƉŵĞŶƚ ZĞǀŝĞǁ ŽŵŵŝƚƚĞĞ Žƌ Planning Commission͘ůůĂƉƉĞĂůƐshall be ĨŝůĞĚwith the ŽŵŵƵŶŝƚLJĞǀĞůŽƉŵĞŶƚĞƉĂƌƚŵĞŶƚ͕Žƌ ƚŽ ƚŚĞCity Clerk's OfficeƚŽĂƉƉĞĂůĂWůĂŶŶŝŶŐŽŵŵŝƐƐŝŽŶĂĐƚŝŽŶ͕ within fifteen (15) calendar days following the date ŽĨthe decision. dŚĞĂƉƉĞĂůƐŚĂůůŝŶĐůƵĚĞƚŚĞƐƉĞĐŝĨŝĐaction or decision͕ĂŶĚdescribe the reasons for the appeal͘ WƌŽǀŝĚĞƚŚŝƐĨŽƌŵŽƌĂůĞƚƚĞƌ͕ along with the current appeal feeƚŽŝŶŝƚŝĂƚĞƚŚĞĂƉƉĞĂů.

I, _____________________________________ (Printed Name of Appellant) Hereby appeal the below noted action(s):

Date of ŝƚLJAction: ________________
Project Name/Application No. (s): __________________________________________________ Permit Type (Use Permit, Subdivision map, etc.): ______________________________________ Signature of Appellant _____________________________________ Date: _________________ ********************************************************************************************* For City Staff Use Only
Date: _______________ Receipt No.: ________________ Received by: _______________ Fee Paid: ________ Mailing Address: ________________________________________________________________ Phone: _______________________________ Email: ___________________________________ WƵƌƉŽƐĞŽĨƚŚĞƉƉĞĂů;>ŝƐƚ^ƉĞĐŝĨŝĐ/ƐƐƐƵĞͿ͗ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ 6/18/2024
24PLN-08, 24PLN-09, 24PLN-10
Use Permits
P.O. Box 182, Springfield, OR 97477
(541) 726-6181 [email protected]
See Attachment "A"
7/1/2024
Denni Ragsdale, Cascade Housing Association

Item # 6.

Attachment “A”
4880-0245-8061, v. 3
1 Cascade Housing Association (“CHA”) owns three affordable housing developments in the City of Grass Valley: 210 Sutton Way, 265 Sutton Way, and 228 Sutton Way (the “Properties”).

Pursuant to Chapter 17.91 of the City’s Development Code, CHA appeals the Planning Commission’s June 18, 2024, denial of use permits that would have provided CHA with an exception to the City’s covered parking standards contained in Section 17.36.040, Table 3-3 of the Municipal Code.

As staff explained on June 18, 2024, numerous covered carports on the Properties experienced catastrophic failures during a severe winter storm in February 2023, and many more showed signs of failure. Although CHA received some insurance proceeds from its carriers, CHA was required to expend a significant amount of those funds to simply demolish and remove the damaged carports from the Properties in early 2023.

Until the February 2023 storm, these three Properties and two other federal/state assisted multi-family developments were the only affordable housing projects in the City that featured covered parking. Although 17.36.040(N), Table 3-3 of the City’s Municipal Code generally requires covered parking spaces for market rate units, under California Density Bonus Law, Government Code, § 65915, et seq., affordable housing projects have the ability to request waivers from parking standards, including covered parking. This waiver opportunity was not available to CHA at the time the project was first developed, as those provisions of the Density Bonus Law were not in effect, as explained by staff.

A. Forcing CHA to Reconstruct the Carports Is Financially Infeasible, and Would Undermine the Viability of the Capability of the Properties to Provide Affordable Housing for the City’s Residents
CHA is very concerned about the requirement that it reinstall the carports. CHA has long known that the carports are financially infeasible, and that any such requirement would divert much-needed funds from upgrades required to modernize the Properties. At the request of the Planning Commission, CHA performed extensive research and outreach to potential funding sources. Unfortunately, those efforts did not bear fruit, and simply confirmed the construction of carports would be financially infeasible.

Since the Planning Commission meeting, CHA is in the process of renewing property insurance policies for all three Properties. Collectively insurance premiums have increased by 67% over last year, one property in particular has increased 107% with a $500,000 deductible for weight of snow and ice. In the event CHA reconstructs the carports and the carports fail again (due to, inter alia, a major snow event), the property will be required to pay the deductible of $500,000 in order to replace the carports for a third time to conform with the City’s Municipal Code. Premiums and deductibles of this magnitude would not merely result in deferring capital expenditures for modernization; they would threaten the viability of the Properties as affordable housing developments. In other words, the carports are not just financially infeasible—their reinstallation would pose a significant liability for CHA and undermine its effort to provide affordable housing to the City’s residents.

Item # 6.

Attachment “A”
4880-0245-8061, v. 3
2 As a result of the foregoing, coupled with the fact that nearly all of the other affordable housing developments in the City lack carports, it would be counterproductive to require CHA to divert its funding to reinstall the carports.

B. The City Has a Duty to Affirmatively Further Fair Housing The purpose of the Use Permits is to accommodate the continuing viability of affordable housing in the City. Reversing the Planning Commission will demonstrate the City is meeting its obligation to Affirmatively Further Fair Housing consistent with State and Federal law.

Specifically, the City has the duty to “administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing.” (Govt. Code, § 8899.50, subd. (b)(1) [emphasis added].) As recognized by City Staff, if the Properties were new development, there is no dispute that they would be entitled to request a waiver from the covered parking requirement. And the Use Permits merely seek an approval that would maintain the continuing viability of the Properties as affordable housing, and the Density Bonus Law specifically allows the City to afford “additional allowance or incentives” to “developers” of affordable housing projects. (Govt. Code, § 65915.7.) Further, the Planning Commission specifically recognized that there were far better uses for CHA’s limited funds, and that, if the City “stick[s] to the letter of the law” (i.e., the Municipal Code’s covered carport requirement), the City would be undermining access to affordable housing.

Thus, by mandating a financially infeasible requirement that under similar circumstances would not be required, the denial of the Use Permits would result in the City failing to meet its obligation to Affirmatively Further Fair Housing.

C. The Use Permits Meet Each Element Required Under the Municipal Code
The Planning Commission’s decision should also be overturned because the Projects meet all of the requirements for the issuance of a Use Permit under Section 17.72.060 of the Municipal Code.

First, the proposed use “is consistent with the general plan and any applicable specific plan.”
Second, the “proposed use is allowed within the applicable zone and complies with all other applicable provisions of this development code and the Municipal Code.” The affordable housing developments, each comply with the zoning and the other provisions of the development code and the municipal code. CHA is solely seeking a waiver of one minor code requirement that would admittedly be allowed if this were new development.

Third, the “design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity.” The affordable housing

Item # 6.

Attachment “A”
4880-0245-8061, v. 3
3 developments are well-maintain developments in a residential zoning district. And what CHA is seeking is identical to the benefits other affordable housing projects in the vicinity enjoy.

Fourth, the “site is physically suitable” for the site and “would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located.” In fact, the site has been without covered carports since February 2023 without any such concerns.

Although CHA was not required to seek a variance or a minor variance, CHA also notes that this Project would have also met the standards under Section 17.72.070 of the Municipal Code.

That provision allows for a variance (i) due to “special circumstances applicable to the property,” and (ii) where “strict application of the development standards” would deny “the property owner privileges enjoyed by other property owners in the vicinity . . . .” Here, there are numerous special circumstances, including the destruction caused by the unusually strong snowstorms in February 2023, and the fact that the relevant portions of the Density Bonus Law were not in place at the time the Project was constructed. And the strict application of the zoning code would deny CHA the benefits available to every other affordable housing development in Grass Valley with one sole exception.

D. The Planning Commission Relied Upon Impermissible Factors to Deny the Use Permit
Throughout the Planning Commission meeting, there were numerous comments raised about needing a “level playing field,” “everybody is in the same boat,” and “following the rules on the books” that were there to begin with. These comments suggest the Properties were being evaluated against market rate housing as opposed to other affordable housing developments. This is an unfair comparison, given that all but two of the federal/state assisted affordable housing developments in the City lack covered carports.

A reversal of the Planning Commission would also allow the City to comply with the Planning and Zoning Law and the Fair Employment and Housing Act (FEHA), under which it is unlawful to discriminate against development intended for lower income persons. (Martinez v.

City of Clovis (2023) 90 Cal.App.5th 193.) Comparing an affordable housing development run by a non-profit that is required to keep lease rates far below market rates with a market rate housing development is exactly the type of comparison that perpetuates or could predictably result in a disparate impact on lower income persons. This is particularly true given that such a requirement would be financially infeasible for CHA.

E. The City Should Apply the Density Bonus Law to the Use Permits Throughout the public hearing, the City referred to the concessions in the Density Bonus Law as only applying to new development. However, the definitions of “housing development” and “housing development project” are not specifically limited to undeveloped properties, and the Use Permits at issue here support, and are necessary for the ongoing viability of, a “housing development project.” And, in any event, the Density Bonus Law specifically allows the City to

Item # 6.

Attachment “A”
4880-0245-8061, v. 3
4 afford “additional allowance or incentives” to “developers” of affordable housing projects. (Govt.

Code, § 65915.7.)
F. The Planning Commission’s Denial Findings Were Not Supported By Substantial Evidence
The Planning Commission found there was insufficient evidence to prove a variance to zero covered parking. This finding is not supported by substantial evidence. As demonstrated in the Staff Report for the June 18, 2024, meeting, CHA went above and beyond to explore feasible alternatives to provide covered parking with its remaining funds. Conversely, no evidence was presented to suggest the provision of additional covered carports would be feasible. As a result, the Planning Commission’s finding was not supported by substantial evidence.

Item # 6.

PLANNING COMMISSION
May 21, 2024

Prepared by: Lucy Rollins, Senior Planner

DATA SUMMARY
Application Number: 24PLN-08, 24PLN-09, 24PLN-10
Subject: Use Permit applications for reductions in the covered parking requirement for multifamily residential
Location/APNs: 210 Sutton Way / APN 035-412-004
228 Sutton Way / APN 035-412-003
265 Sutton Way / APN 035-412-025
Applicant: Cascade Housing Association
Representatives: Denni Ragsdale and Kristi Isham
Zoning/General Plan: Multiple Family Residential (R-3) / Urban High Density (UHD) Entitlement: Use Permit
Environmental Status: Common Sense Exemption (Section 15061(b)(3)) RECOMMENDATION:

1. That the Planning Commission approve the Use Permit applications for the exception to the covered parking standard for multifamily residential at 210, 228, and 265 Sutton Way as presented, or as modified by the review authority, which includes the following:
a. Determine the proposed project at 210 Sutton Way (24PLN-08) Exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the staff report; b. Determine the proposed project at 265 Sutton Way (24PLN-09) Exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the staff report; c. Determine the proposed project at 228 Sutton Way (24PLN-10) Exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the staff report; d. Adopt Findings of Fact for approval of the Use Permits as presented in the Staff Report; and
e. Approve the Use Permits for the reduction to the covered parking requirements subject to the Conditions of Approval, attached to the Staff Report.

BACKGROUND:

Item # 6.

Applications 24PLN-08, 24PLN-09, 24PLN-10 Planning Commission May 21, 2024
2 210 Sutton Way (Cedar Park Apartments): The existing 81-unit multifamily apartment complex was built in 2004, according to Nevada County Assessor’s Office Records. The units include 80 deed-restricted low-income units, comprised of 36 two-bedroom units, 32 threebedroom units, and 12 four-bedroom units. The facility also includes one two-bedroom manager’s unit. The complex encompasses 13 residential structures, one community building, and a play area in the center of the complex. The project was approved with 193 parking spaces, 81 of which were covered by freestanding carports to comply with parking standards. 228 Sutton Way (Oak Ridge Apartments): The existing 80-unit multifamily apartment complex was built in 1998, according to City records. The units include 79 deed-restricted very low-income units, comprised of 24 two-bedroom units, 31 three-bedroom units, and 24 fourbedroom units. The facility also includes one three-bedroom manager’s unit. The complex encompasses 14 residential structures and one community building. The project was approved with 144 parking spaces, 67 of which were covered by freestanding carports to comply with parking standards.
265 Sutton Way (Glenbrook Apartments): The existing 52-unit multifamily apartment complex was built in 2005, according to City records. The units include 51 deed-restricted lowincome units, comprised of 23 two-bedroom units and 28 three-bedroom units. The facility also includes one two-bedroom manager’s unit. The complex encompasses 7 residential structures and one community building. The project was approved with 110 parking spaces, 56 of which were covered by freestanding carports to comply with parking standards.

In February 2023, a winter storm caused several of the carports to collapse under the snow load at each of the three complexes, and many more began to show signs of failure (Attachment 3). Following this damage, the applicant filed an insurance claim with Farmers Insurance and received $178,149.91 for the damage to the carports at Cedar Park Apartments, $177,499.76 for Oak Ridge Apartments, and $128,103.06 for Glenbrook Apartments (Attachment 5). The removal of all carports by Element 26 Contracting cost $60,000 for Cedar Park Apartments, $48,000 for Oak Ridge Apartments, and $39,000 for Glenbrook Apartments according to invoices from the contractor (Attachment 6). These demolition costs left approximately $118,000, $129,500, and $$89,000 remaining of the claim payouts for each complex, respectively.

At the time of demolition, the applicant did not pull a Demolition Permit from the City for the removal of the carports. However, in March 2023, a Building Permit application was submitted to the City to add to and update the lighting in each complex. City staff became aware of the need for a Demolition Permit and replacement of the removed carports and informed the applicant. The applicant immediately applied for and received a retroactive Demolition Permit after providing the required documentation.

PROJECT PROPOSAL:

The Use Permit applications are for an exception to the covered parking requirement for multifamily housing established in Section 17.36.040, Table 3-3 of the Grass Valley Municipal Code, seeking to allow all parking at 210, 228, and 265 Sutton Way apartment complexes to be uncovered. The parking requirements for multifamily housing with two or more units are as follows:
• Studio and 1-bedroom units: 1 covered space per unit plus 1 space for each 5 units for guest parking

Item # 6.

Applications 24PLN-08, 24PLN-09, 24PLN-10 Planning Commission May 21, 2024
3 • 2-bedroom and larger units: 2 covered space per unit plus 1 space for each 5 units for guest parking
Section 17.36.080.B of the Municipal Code allows for a reduction in the required parking spaces through a use permit or minor use permit (depending on the amount of reduction requested) based on quantitative information provided by the applicant that documents the need for fewer spaces. In this case, the applicant is not seeking a reduction in the total number of spaces, but a reduction in the number of covered spaces to a degree that requires a Use Permit.

While a separate application was filed for each property, these Use Permits are presented as one item for consideration as they are the same request by the same owner for neighboring properties.

According to a December 2023 quote from Element 26 Contracting, the cost to replace the carports at each of the three apartment complexes would be $436,000 for Cedar Park Apartments (210 Sutton Way), $348,800 for Oak Ridge Apartments (228 Sutton Way), and $261,600 for Glenbrook Apartments (265 Sutton Way). In comparison, as stated previously, the remaining balance from the claim payouts for each complex is approximately $118,000 for Cedar Park Apartments, $129,500 for Oak Ridge Apartments, and $89,000 for Glenbrook Apartments.

Cascade Housing Association is an affordable housing provider that has been operating the deed-restricted units at Cedar Park Apartments, Oak Ridge Apartments, and Glenbrook Apartments since their respective completion dates. As deed-restricted complexes, the operator cannot increase rents to cover the costs in the same manner a for-profit operator might. Further, the State of California passed Senate Bill 721 in 2018, which requires additional inspections, and possible improvements, for exterior elevated elements (i.e., decks, balconies, stairways) on all buildings with three or more multifamily dwellings by January 1, 2025. The applicant expressed to staff that the financial burden of replacing the carports exceeds the available funding for operation while also meeting State requirements and providing adequate lighting throughout the complex, and therefore requests an exception to covered parking requirements.

GENERAL PLAN AND ZONING:

General Plan: The Urban High Density (UHD) General Plan designation is intended to accommodate town house or row house styles, higher density apartments, and condominiums without distinction as to owner- or renter-occupancy.

Zoning: The Multiple Family Residential (R-3) zone is applied to areas of the city that are appropriate for a variety of higher density housing types, located in proximity to parks, schools, and public services. The R-3 zone is consistent with and implements the Urban High Density (UHD) designation of the General Plan. Chapter 17.36 outlines the parking requirements for multifamily housing units, as described previously in this staff report.

Additionally, Section 17.36.080 of the Development Code requires the review authority to make a finding that the applicant has provided sufficient documentation for the need for a reduction in parking standards. This finding is contained in the Findings section below.

SITE DESCRIPTION AND ENVIRONMENTAL SETTING:

Item # 6.

Applications 24PLN-08, 24PLN-09, 24PLN-10 Planning Commission May 21, 2024
4 210 Sutton Way (Cedar Park Apartments): The subject site is located on the west side of Sutton Way north of the Dorsey Drive intersection. The site was developed in 2004 with the Cedar Park Apartments, which includes 13 residential structures, one community structure, and a park. There are no waterbodies or streams located on the property. 228 Sutton Way (Oak Ridge Apartments): The subject site is located on the east side of Sutton Way north of the Dorsey Drive intersection. The site was developed in 1998 with the Oak Ridge Apartments, which includes 14 residential structures and one community structure.

There are no waterbodies or streams located on the property. 265 Sutton Way (Glenbrook Apartments): The subject site is located on Sutton Way south of the Plaza Drive intersection. The site was developed in 2005 with the Glenbrook Apartments, which includes 7 residential structures and one community structure. There are no waterbodies or streams located on the property.

ENVIRONMENTAL DETERMINATION:

The proposed projects are exempt from CEQA under State CEQA Guidelines Section 15601(b)(3) (Common Sense Exemption). This section states that an “activity is covered by the common sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” There is no possibility that the proposed exception from the covered parking requirement will result in a physical change to the environment. Each property is fully developed with residential structures, community structures, and paved parking areas. Currently, there are no carports on the sites. The proposal would not result in any development and, therefore, would not disturb the physical environment. Any future development would be subject to review under Chapter 17.72 of the Grass Valley Municipal Code and CEQA. Therefore, no further environmental review is required.

FINDINGS:

The approval of Use Permits for an exception to the multifamily covered parking requirement at 210, 228, and 265 Sutton Way shall first require the review authority to make the following findings:

1. The City received a complete application for Use Permit Applications 24PLN-08, 24PLN09, and 24PLN-10.

2. The Planning Commission reviewed the projects in compliance with the California Environmental Quality Act and concluded that the projects qualify for Common Sense Exemptions in accordance with the California Environmental Quality Act and CEQA Guidelines Section 15601(b)(3).

3. A reduction in parking standards, as allowed by Section 17.36.070 of the Grass Valley Municipal Code, may include a reduction in the number of covered parking spaces.

4. The applicant has provided sufficient quantitative information, pursuant to Section

17.36.070, to document a need for a reduction/elimination of the covered parking standard.

Item # 6.

Applications 24PLN-08, 24PLN-09, 24PLN-10 Planning Commission May 21, 2024
5 5. The proposed project is consistent with the general plan and any applicable specific plan.

6. The proposed project is allowed within the applicable zone and complies with all other applicable provisions of this development code and the Municipal Code; and

7. The site is physically suitable for the project and will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood.

RECOMMENDED CONDITIONS:

1. The approval date for Planning Commission review is ______<TBD>_____ with an effective date of Thursday, ______<TBD>_____ pursuant to Section 17.74.020 GVMC.

2. The applicant agrees to defend, indemnify, and hold harmless the City of Grass Valley in any action or proceeding brought against the City of Grass Valley to void or annul this discretionary land use approval.

ATTACHMENTS:

1. Universal Applications

2. Use Permit Applications

3. Carport Failures

4. Construction Proposals

5. Insurance Claims

6. Demolition Invoices

7. Site Plans

8. CalHFA Regulatory Agreements

9. CTCAC Regulatory Agreements

Item # 6.

CITY OF GRASS VALLEY
Community Development Department
125 E. Main Street
Grass Valley, California 95945
(530) 274-4330
(530) 274-4399 fax
Application Types

UNIVERSAL PLANNING

APPLICATION
* DUE WITH EVERY PLANNING APPLICATION *
Administrative □ Limited Term Permit
$698.00 D Zoning Interpretation
$224.00
Development Review
~n Reviews LJ Minor - DRC, Historic District, Monument Signs or other districts having specific design criteria
$313.00
□ □ □ □ □ □ □ □
□ □ □ □
Minor Development Review- 10,000 or less sq. ft.
$1,813.00
Major Development Review - over 10,000 sq. ft.
$3,293.00
Conceptual Review - Minor
$459.00
Conceptual Review - Major
$782.00
Plan Revisions - Staff Review
$316.00
Plan Revisions - DRC / PC Review
$831.00
Extensions of Time - Staff Review
$282.00
Extensions of Time - DRC / PC Review
$607.00
Entitlements □ □ □ □ □ □
Annexation
$7,843.00 (deposit)
Condominium Conversion
$4,923.00 (deposit)
Development Agreement - New
$18,463.00 (deposit)
Development Agreement - Revision
$6,903.00
General Plan Amendment
$7,377.00
Planned Unit Development
$8,150.00 (minimum charge)+ 100.00 / dwelling
unit and/ or $100 / every 1,000 sq. ft.
commercial floor area
Specific Plan Review - New
Actual costs - $16,966.00 (deposit)
Specific Plan Review - Amendments / Revisions
Actual costs - $6,986.00 (deposit)
Zoning Text Amendment
$3,102.00
Zoning Map Amendment
$5,073.00
Environmental D Environmental Review - Initial Study
$1,713.00 D Environmental Review- EIR Preparation
$31,604.00 (deposit) D Environmental Review - Notice of Determination $149.00 (+Dept.of Fish and Game Fees) D Environmental Review - Notice of Exemption $149.00(+ County Filing Fee)
□ □
Subdivisions □ □ □ □ □ □ □ □ □ □
Major - Master Sign Programs
$1,279.00
Exception to Sign Ordinance
$964.00
Tentative Map (4 or fewer lots)
$3,493.00
Tentative Map (5 to 10 lots)
$4,857.00
Tentative Map (11 to 25 lots)
$6,503.00
Tentative Map (26 to 50 lots)
$8,915.00
Tentative Map (51 lots or more)
$13,049.00
Minor Amendment to Approved Map
(staff) $1,114.00
Major Amendment to Approved Map
(Public Hearing) $2,436.00
Reversion to Acreage
$765.00
Tentative Map Extensions
$1,047.00
Tentative Map - Lot Line Adjustments
$1,200.00
Use Permits D Minor Use Permit - Staff Review
$480.00 IZ] Major Use Permit - Planning Commission Review $3,035.00
Variances D Minor Variance - Staff Review
$518.00 D Major Variance - Planning Commission Review
$2,029.00
A1rnlication Fee
Total: $

Item # 6.

Below is the Universal Planning Application form and instructions for submitting a complete planning application. In addition to the Universal Planning Application form, a project specific checklist shall be submitted. All forms and submittal requirements must be completely filled out and submitted with any necessary supporting information.

Upon receipt of the completed forms, site plan/maps, and filing fees, the Community Development Department will determine the completeness of the application. This review will be completed as soon as possible, but within thirty (30) days of the submittal of the application. If the application is determined to be complete, the City will begin environmental review, circulate the project for review by agencies and staff, and then schedule the application for a hearing before the Planning Commission.

If sufficient information has not been submitted to adequately process your application, you will receive a notice that your application is incomplete along with instructions on how to complete the application. Once the City receives the additional information or revised application, the thirty (30) day review period will begin again.

Since the information contained in your application is used to evaluate the project and in the preparation of the staff report, it is important that you provide complete and accurate information.

Please review and respond to each question. If a response is not applicable, N/A should be used in the space provided. Failure to provide adequate information could delay the processing of your application.

Additional information may be obtained at www.cityofgrassvalley.com regarding the 2020 General Plan and Zoning. You may also contact the Community Development Department for assistance.

ADVISORY RE: FISH AND GAME FEE REQUIREMENT
Permit applicants are advised that pursuant to Section 711.4 of the Fish and Game Code a fee of $3,539.25 for an Environmental Impact Report and $2,548.00 for a Negative Declaration* shall be paid to the County Recorder at the time of recording the Notice of Determination for this project. This fee is required for Notices of Determination recorded after January 1, 1991. A Notice of Determination cannot be filed and any approval of the project shall not be operative, vested, or final until the required fee is paid. This shall mean that building, public works and other development permits cannot be approved until this fee is paid. These fees are accurate at the time of printing, but increase the subsequent January 1 st of each year.

This fee is not a Grass Valley fee; it is required to be collected by the County pursuant to State law for transmission to the Department of Fish and Game. This fee was enacted by the State Legislature in September 1990, to be effective January 1, 1991. *If the City finds that the project will not have an impact on wildlife resources, through a De Minimus Impact Finding, the City will issue certificate of fee exemption.

Therefore, this fee will not be required to be paid at the time an applicant files the Notice of Determination with the County Recorder. The County's posting and filing fees will still be required.

Item # 6.

Appl leant/Representative Property Owner
Name: Kristi Isham / Denni Ragsdale Name: Cascade Housing Association Address: P.O. Box 182 Address:P.O. Box 182
Springfield, OR 97477 Springfield, OR 97477
Phone: 931-224-3886 / 916-813-0783 Phone: 541- 726-6181 E-mail: [email protected] / [email protected] E-mail: kristi. isham@cascadehousing .or Architect Engineer
Name: Name:

Address: Address:

Phone: I l Phone: ( )
E-mail: E-mail:

1. Project Information
a. Project Name Cedar Park Apartments
b. Project Address 210 Sutton Way, Grass Valley, CA 95945 c. Assessor's Parcel No(s)_3_5-_41_2_-0_4_-o_oo _
(include APN page(s))
d. Lot Size Approximately 8. 70 acres

2. Project Description Cedar Park Apartments is an 81 unit multifamily affordable housing apartment complex that is rent restricted to 50%-60% average median income. There are a total of 14 buildings (13 residential and 1 community building) with a total of 80 residential units (consisting of 36 two-bedroom, 32 three-bedroom, 12 four-bedroom) and 1 two-bedroom manager's unit. All 80 residential units are income and rent restricted in accordance with the regulatory agreements recorded on title with both California Tax Credit Allocation Committee (CTCAC) and California Housing Finance Agency (CalHFA).

3. General Plan Land Use: Currently Exists 4. Zoning District:

Item # 6.

4. Cortese List: Is the proposed property located on a site which is included on the Hazardous Waste and Substances List (Cortese List)? Y __ N _x_
The Cortese List is available for review at the Community Development Department counter.

If the property is on the List, please contact the Planning Division to determine appropriate notification procedures prior to submitting your application for processing (Government Code Section 65962.5).

5. Indemnification: The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney's fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this permit, or the activities conducted pursuant to this permit. Accordingly, to the fullest extent permitted by law, the applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney's fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this permit, or the activities conducted pursuant to this permit. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

6. Appeal: Permits shall not be issued until such time as the appeal period has lapsed. A determination or final action shall become effective on the 16 th day following the date by the
appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.91 of the City's Development Code.

The 15-day period (also known as the "appeal" period in compliance with Chapter 17.91) begins the first full day after the date of decision that the City Hall is open for business, and extends to the close of business (5:00 p.m.) on the 15
th day, or the very next day that the City
Hall is open for business.

I hereby certify, to the best of my knowledge, that the above statements are correct.

Property Owner/*Representative Signature:

Signature: _4,w- ='-------
KR1sr1 ISHAM (Mar 22, 2024 13:09 PDT)
Email: [email protected]
*Property owner must provide a consent letter allowing representative to sign on their behalf.

Applicant Signature: __ s_ig_n_at_u_re_:--'-K=RI-F' =T~l-=IS-H=A-M"-"l,-M=a-,'""' 2-2=2-=- □24=1-3=:0-9"'-P O=T-).._ _ Email: [email protected]
--OFFICE USE ONLYApplication No.: Date Filed:

Fees Paid by: Amount Paid:

Other Related Application(s):

Item # 6.

CITY OF GRASS VALLEY
Community Development Department
125 E. Main Street
Grass Valley, California 95945
(530) 274-4330
(530) 274-4399 fax
Application Types

UNIVERSAL PLANNING

APPLICATION
* DUE WITH EVERY PLANNING APPLICATION *
Administrative □ Limited Term Permit
$698.00 D Zoning Interpretation
$224.00
Development Review □ □ □ □ □ □ □ □
Minor Development Review- 10,000 or less sq. ft.
$1,813.00
Major Development Review- over 10,000 sq. ft.
$3,293.00
Conceptual Review - Minor
$459.00
Conceptual Review - Major
$782.00
Plan Revisions - Staff Review
$316.00
Plan Revisions - DRC / PC Review
$831.00
Extensions of Time - Staff Review
$282.00
Extensions of Time - DRC / PC Review
$607.00
Entitlements □ □ □ □ □ □
Annexation
$7,843.00 (deposit)
Condominium Conversion
$4,923.00 (deposit)
Development Agreement - New
$18,463.00 (deposit)
Development Agreement - Revision
$6,903.00
General Plan Amendment
$7,377.00
Planned Unit Development
$8,150.00 (minimum charge)+ 100.00 / dwelling
unit and I or $100 / every 1,000 sq. ft.
commercial floor area
Specific Plan Review - New
Actual costs - $16,966.00 (deposit)
Specific Plan Review - Amendments / Revisions
Actual costs - $6,986.00 (deposit)
Zoning Text Amendment
$3,102.00
Zoning Map Amendment
$5,073.00
Environmental D Environmental Review - Initial Study
$1,713.00 D Environmental Review - EIR Preparation
$31,604.00 (deposit) D Environmental Review - Notice of Determination $149.00 (+Dept.of Fish and Game Fees) D Environmental Review - Notice of Exemption $149.00(+ County Filing Fee)
□ □ □ □
~nReviews LJ Minor - DRC, Historic District, Monument Signs or other districts having specific design criteria
$313.00 D Major - Master Sign Programs
$1,279.00 D Exception to Sign Ordinance
$964.00
Subdivisions □ □ □ □ □ □ □ □ □ □
Tentative Map (4 or fewer lots)
$3,493.00
Tentative Map (5 to 10 lots)
$4,857.00
Tentative Map (11 to 25 lots)
$6,503.00
Tentative Map (26 to 50 lots)
$8,915.00
Tentative Map (51 lots or more)
$13,049.00
Minor Amendment to Approved Map
(staff) $1,114.00
Major Amendment to Approved Map
(Public Hearing) $2,436.00
Reversion to Acreage
$765.00
Tentative Map Extensions
$1,047.00
Tentative Map - Lot Line Adjustments
$1,200.00
Use Permits D Minor Use Permit - Staff Review
$480.00 GZ] Major Use Permit - Planning Commission Review $3,035.00
Variances D Minor Variance - Staff Review
$518.00 □ Major Variance - Planning Commission Review
$2,029.00
A[![!lication Fee
Total: $

Item # 6.

Below is the Universal Planning Application form and instructions for submitting a complete planning application. In addition to the Universal Planning Application form, a project specific checklist shall be submitted. All forms and submittal requirements must be completely filled out and submitted with any necessary supporting information.

Upon receipt of the completed forms, site plan/maps, and filing fees, the Community Development Department will determine the completeness of the application. This review will be completed as soon as possible, but within thirty (30) days of the submittal of the application. If the application is determined to be complete, the City will begin environmental review, circulate the project for review by agencies and staff, and then schedule the application for a hearing before the Planning Commission.

If sufficient information has not been submitted to adequately process your application, you will receive a notice that your application is incomplete along with instructions on how to complete the application. Once the City receives the additional information or revised application, the thirty (30) day review period will begin again.

Since the information contained in your application is used to evaluate the project and in the preparation of the staff report, it is important that you provide complete and accurate information.

Please review and respond to each question. If a response is not applicable, N/A should be used in the space provided. Failure to provide adequate information could delay the processing of your application.

Additional information may be obtained at www.cityofgrassvalley.com regarding the 2020 General Plan and Zoning. You may also contact the Community Development Department for assistance.

ADVISORY RE: FISH AND GAME FEE REQUIREMENT
Permit applicants are advised that pursuant to Section 711.4 of the Fish and Game Code a fee of $3,539.25 for an Environmental Impact Report and $2,548.00 for a Negative Declaration* shall be paid to the County Recorder at the time of recording the Notice of Determination for this project. This fee is required for Notices of Determination recorded after January 1, 1991. A Notice of Determination cannot be filed and any approval of the project shall not be operative, vested, or final until the required fee is paid. This shall mean that building, public works and other development permits cannot be approved until this fee is paid. These fees are accurate at the time of printing, but increase the subsequent January 1 st of each year.

This fee is not a Grass Valley fee; it is required to be collected by the County pursuant to State law for transmission to the Department of Fish and Game. This fee was enacted by the State Legislature in September 1990, to be effective January 1, 1991. *If the City finds that the project will not have an impact on wildlife resources, through a De Minimus Impact Finding, the City will issue certificate of fee exemption.

Therefore, this fee will not be required to be paid at the time an applicant files the Notice of Determination with the County Recorder. The County's posting and filing fees will still be required.

Item # 6.

Applicant/Representative Property Owner
Name: Kristi Isham / Denni Ragsdale Name: Cascade Housing Association Address: P.O. Box 182 Address: P.O. Box 182
Springfield, OR 97477 Springfield, OR 97477
Phone: 931-224-3886 / 916-813-0783 Phone: 541- 726-6181 E-mail: [email protected] / [email protected] E-mail: kristi. isham@cascadehousing .or Architect Engineer
Name: Name:

Address: Address:

Phone: ( ) Phone: ( )
E-mail: E-mail:

1. Project Information
a. Project Name Glenbrook Apartments
b. Project Address 265 Sutton Way, Grass Valley, CA 95945 c. Assessor's Parcel No(s)_0_35_-4_1_2-_0_25_-o_o_o _
(include APN page(s))
d. Lot Size Approximately 4.57 acres

2. Project Description Glenbrook Apartments is an 52 unit multifamily affordable housing apartment complex that is rent restricted at or below 60% average median income. There are a total 8 buildings (7 residential and 1 community building) with a total of 51 residential units (23 two-bedroom, and 28 three-bedroom units) and 1 two-bedroom manager unit. All 51 residential units are income and rent restricted in accordance with the regulatory agreements recorded on title with both California Tax Credit Allocation Committee (CTCAC) and California Housing Finance Agency (CalHFA).

3. General Plan Land Use: Currently Exists 4. Zoning District:

Item # 6.

4. Cortese List: Is the proposed property located on a site which is included on the Hazardous Waste and Substances List (Cortese List)? Y __ N _x_
The Cortese List is available for review at the Community Development Department counter.

If the property is on the List, please contact the Planning Division to determine appropriate notification procedures prior to submitting your application for processing (Government Code Section 65962.5).

5. Indemnification: The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney's fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this permit, or the activities conducted pursuant to this permit. Accordingly, to the fullest extent permitted by law, the applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney's fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this permit, or the activities conducted pursuant to this permit. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

6. Appeal: Permits shall not be issued until such time as the appeal period has lapsed. A determination or final action shall become effective on the 16 th day following the date by the
appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.91 of the City's Development Code.

The 15-day period (also known as the "appeal" period in compliance with Chapter 17 .91) begins the first full day after the date of decision that the City Hall is open for business, and extends to the close of business (5:00 p.m.) on the 15
th day, or the very next day that the City
Hall is open for business.

I hereby certify, to the best of my knowledge, that the above statements are correct.

Property Owner/*Representative Signature: Signature: -KR1s 4w- T=1 ISHA'--
M (Ma
--- r 22, 2024 13:0S P- DT)
Email: [email protected]
*Property owner must provide a consent letter allowing representative to sign on their behalf.

A I
. t s· t Signature: _,.,,Uw- _.....,_. _
pp ican ,gna Ure: ....;.K=RIS:.;.; Tl-""ISH.;;.;; AM..;..a,(M'-"'ar'-"' 22=,2=024;..;:; 13=:0S:..;_PD::..cTl'----------------- Emai(: [email protected]
-OFFICE USE ONLYApplication No.: Date Filed:

Fees Paid by: Amount Paid:

Other Related Application(s):

Item # 6.

CITY OF GRASS VALLEY
Community Development Department
125 E. Main Street
Grass Valley, California 95945
(530) 274-4330
(530) 274-4399 fax
Application Types

UNIVERSAL PLANNING

APPLICATION
* DUE WITH EVERY PLANNING APPLICATION*
Administrative □ Limited Term Permit
$698.00 D Zoning Interpretation
$224.00
Development Review □ □ □ □ □ □ □ □
□ □ □ □
Minor Development Review - 10,000 or less sq. ft.
$1,813.00
Major Development Review - over 10,000 sq. ft.
$3,293.00
Conceptual Review - Minor
$459.00
Conceptual Review - Major
$782.00
Plan Revisions - Staff Review
$316.00
Plan Revisions - DRC / PC Review
$831.00
Extensions of Time - Staff Review
$282.00
Extensions of Time - DRC / PC Review
$607.00
Entitlements □ □ □ □ □ □
Annexation
$7,843.00 (deposit)
Condominium Conversion
$4,923.00 (deposit)
Development Agreement - New
$18,463.00 (deposit)
Development Agreement - Revision
$6,903.00
General Plan Amendment
$7,377.00
Planned Unit Development
$8,150.00 (minimum charge)+ 100.00 / dwelling
unit and/ or $100 / every 1,000 sq. ft.
commercial floor area
Specific Plan Review - New
Actual costs - $16,966.00 (deposit)
Specific Plan Review - Amendments/ Revisions
Actual costs - $6,986.00 (deposit)
Zoning Text Amendment
$3,102.00
Zoning Map Amendment
$5,073.00
Environmental D Environmental Review - Initial Study
$1,713.00 D Environmental Review - EIR Preparation
$31,604.00 (deposit) D Environmental Review - Notice of Determination $149.00 (+Dept.of Fish and Game Fees) D Environmental Review - Notice of Exemption $149.00(+ County Filing Fee)
~n Reviews LJ Minor - DRC, Historic District, Monument Signs or other districts having specific design criteria
$313.00 D Major - Master Sign Programs
$1,279.00 D Exception to Sign Ordinance
$964.00
Subdivisions □ □ □ □ □ □ □ □ □ □
Tentative Map (4 or fewer lots)
$3,493.00
Tentative Map (5 to 10 lots)
$4,857.00
Tentative Map (11 to 25 lots)
$6,503.00
Tentative Map (26 to 50 lots)
$8,915.00
Tentative Map (51 lots or more)
$13,049.00
Minor Amendment to Approved Map
(staff) $1,114.00
Major Amendment to Approved Map
(Public Hearing) $2,436.00
Reversion to Acreage
$765.00
Tentative Map Extensions
$1,047.00
Tentative Map - Lot Line Adjustments
$1,200.00
Use Permits D Minor Use Permit - Staff Review
$480.00 GZ] Major Use Permit - Planning Commission Review $3,035.00
Variances D Minor Variance - Staff Review
$518.00 D Major Variance - Planning Commission Review
$2,029.00
A(!(!lication Fee
Total: $

Item # 6.

Below is the Universal Planning Application form and instructions for submitting a complete planning application. In addition to the Universal Planning Application form, a project specific checklist shall be submitted. All forms and submittal requirements must be completely filled out and submitted with any necessary supporting information.

Upon receipt of the completed forms, site plan/maps, and filing fees, the Community Development Department will determine the completeness of the application. This review will be completed as soon as possible, but within thirty (30) days of the submittal of the application. If the application is determined to be complete, the City will begin environmental review, circulate the project for review by agencies and staff, and then schedule the application for a hearing before the Planning Commission.

If sufficient information has not been submitted to adequately process your application, you will receive a notice that your application is incomplete along with instructions on how to complete the application. Once the City receives the additional information or revised application, the thirty (30) day review period will begin again.

Since the information contained in your application is used to evaluate the project and in the preparation of the staff report, it is important that you provide complete and accurate information.

Please review and respond to each question. If a response is not applicable, NIA should be used in the space provided. Failure to provide adequate information could delay the processing of your application.

Additional information may be obtained at www.cityofgrassvalley.com regarding the 2020 General Plan and Zoning. You may also contact the Community Development Department for assistance.

ADVISORY RE: FISH AND GAME FEE REQUIREMENT
Permit applicants are advised that pursuant to Section 711.4 of the Fish and Game Code a fee of $3,539.25 for an Environmental Impact Report and $2,548.00 for a Negative Declaration* shall be paid to the County Recorder at the time of recording the Notice of Determination for this project. This fee is required for Notices of Determination recorded after January 1, 1991. A Notice of Determination cannot be filed and any approval of the project shall not be operative, vested, or final until the required fee is paid. This shall mean that building, public works and other development permits cannot be approved until this fee is paid. These fees are accurate at the time of printing, but increase the subsequent January 1 st of each year.

This fee is not a Grass Valley fee; it is required to be collected by the County pursuant to State law for transmission to the Department of Fish and Game. This fee was enacted by the State Legislature in September 1990, to be effective January 1, 1991. *If the City finds that the project will not have an impact on wildlife resources, through a De Minimus Impact Finding, the City will issue certificate of fee exemption.

Therefore, this fee will not be required to be paid at the time an applicant files the Notice of Determination with the County Recorder. The County's posting and filing fees will still be required.

Item # 6.

Applicant/Representative Property Owner
Name: Kristi Isham / Denni Ragsdale Name: Cascade Housing Association Address: P.O. Box 182 Address: P.O. Box 182
Springfield, OR 97477 Springfield, OR 97477
Phone: 931-224-3886 / 916-813-0783 Phone: 541- 726-6181 E-mail: [email protected] / [email protected] E-mail: kristi. isham@cascadehousi ng. or Architect Engineer
Name: Name:

Address: Address:

Phone: ( ) Phone: ( )
E-mail: E-mail:

1. Project Information
a. Project Name Oak Ridge Apartments
b. Project Address 228 Sutton Way, Grass Valley, CA 95945 c. Assessor's Parcel No(s)_03_5_-4_1_2-_0_03_-o_o_o _
(include APN page(s))
d. Lot Size Approximately 4.8 acres

2. Project Description Oak Ridge Apartments is an 80 unit multifamily affordable housing apartment complex that is rent restricted at or below 45% average median income. There are a total 15 buildings (14 residential and 1 community building) with a total of 79 residential units (24 two-bedroom, 31 three-bedroom and 24 four-bedroom) and 1 three-bedroom manage~s unit. All 79 residential units are income and rent restricted in accordance with the regulatory agreement recorded on title with California Tax Credit Allocation Committee (CTCAC).

3. General Plan Land Use: Currently Exists 4. Zoning District:

Item # 6.

4. Cortese List: Is the proposed property located on a site which is included on the Hazardous Waste and Substances List (Cortese List)? Y __ N _x_
The Cortese List is available for review at the Community Development Department counter.

If the property is on the List, please contact the Planning Division to determine appropriate notification procedures prior to submitting your application for processing (Government Code Section 65962.5).

5. Indemnification: The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney's fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this permit, or the activities conducted pursuant to this permit. Accordingly, to the fullest extent permitted by law, the applicant shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney's fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this permit, or the activities conducted pursuant to this permit. Applicant shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit.

6. Appeal: Permits shall not be issued until such time as the appeal period has lapsed. A determination or final action shall become effective on the 16 th day following the date by the
appropriate review authority, where no appeal of the review authority's action has been filed in compliance with Chapter 17.91 of the City's Development Code.

The 15-day period (also known as the "appeal" period in compliance with Chapter 17.91) begins the first full day after the date of decision that the City Hall is open for business, and extends to the close of business (5:00 p.m.) on the 15
th day, or the very next day that the City
Hall is open for business.

I hereby certify, to the best of my knowledge, that the above statements are correct.

Property Owner/*Representative Signature:

Signature: -~=-----
KR1sT1 ISHAM (Mar 22. 2024 13:06 PDT)
Email: [email protected]
*Property owner must provide a consent letter allowing representative to sign on their behalf.

Signature: -~~'------ Applicant Signature: K_RIS_TI_ISH_AM---'(M_ar_22~,2_024_13_:oG_P_DT)'----------------- Email: [email protected]
-OFFICE USE ONL y ..

Application No.: Date Filed:

Fees Paid by: Amount Paid:

Other Related Application(s):

Item # 6.

Page | 1

CITY OF GRASS VALLEY
Community Development Department
125 E. Main Street
Grass Valley, California 95945
(530) 274-4330
(530) 274-4399 fax

SUPPLEMENTAL APPLICATION INFORMATION
This document will provide necessary information about the proposed project. It will also be used to evaluate potential environmental impacts created by the project. Please be as accurate and complete as possible in answering the questions. Further environmental information could be required from the applicant to evaluate the project.

PLEASE PRINT CLEARLY OR TYPE
USE A SEPARATE SHEET, IF NECESSARY, TO EXPLAIN THE FOLLOWING:

I. Project Characteristics:

A. Describe all existing buildings and uses of the property: __________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ B. Describe surrounding land uses:

North: ________________________________________________________________ South: ________________________________________________________________ East: _________________________________________________________________ West: _________________________________________________________________ C. Describe existing public or private utilities on the property: _______________________ ______________________________________________________________________ ______________________________________________________________________ D. Proposed building size (list by square feet, if multiple stories, list square feet for each floor): _________________________________________________________________ ______________________________________________________________________ E. Proposed building height (measured from average finished grade to highest point): _____ ______________________________________________________________________ F. Proposed building site plan:
(1) building coverage Sq. Ft. % of site
(2) surfaced area Sq. Ft. % of site
(3) landscaped area Sq. Ft. % of site
(4) left in open space Sq. Ft. % of site
Total Sq. Ft. 100 %
G. Construction phasing: If the project is a portion of an overall larger project, describe future phases or extension. Show all phases on site plan. ________________________ ______________________________________________________________________

USE PERMIT
conforming use.

Cedar Park Apartments is located at 210 Sutton Way,
and consist of 13 two-story residential buildings and 1 community building. There are a total of 80 low-income residential units and 1 manager's unit, with affordability levels ranging from 50%-60% average median income (AMI). The unit mix of the apartments are as follows: 36 two-bedroom units, 32 three-bedroom units, 12 four-bedroom units, and a two-bedroom manager's unit. This is 100% multifamily, income restricted, tax credit funded housing development that holds regulatory agreements with both California Tax Credit Allocation Committee as well as California Housing Finance Agency.

Residential multifamily apartments
Care center for eldery
Office building, Sutton Way and Vacant Commercial Land
Mobile home housing park
Public utilities currently exists on site.

Currently conforming use.

Currently
Currently existing conforming use.

Item # 6.

Page | 2
______________________________________________________________________ ______________________________________________________________________ H. Exterior Lighting:

1. Identify the type and location of exterior lighting that is proposed for the project. _____ ___________________________________________________________________ ___________________________________________________________________

2. Describe how new light sources will be prevented from spilling on adjacent properties or roadways. ________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I. Total number of parking spaces required (per Zoning Code): ______________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ J. Total number of parking spaces provided: ____________________________________ K. Will the project generate new sources of noise or expose the project to adjacent noise sources? ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ L. Will the project use or dispose of any potentially hazardous materials, such as toxic substances, flammables, or explosives? If yes, please explain: ____________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ M. Will the project generate new sources of dust, smoke, odors, or fumes? If so, please explain: _______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ II. Project Characteristics:

A. Days of operation (e.g., Monday - Friday): ____________________________________ B. Total hours of operation per day: ___________________________________________ Times of operation (e.g., 8 - 5, M - F): _______________________________________ C. If fixed seats involved, how many: __________________________________________ If pews or benches, please describe how many and the total length: ________________ ______________________________________________________________________ D. Total number of employees: _______________________________________________ Requesting reduction of covered parking
spaces required by zoning code from 80 to zero (0) covered parking spaces. parking spaces per each two-bedroom unit or larger.
164 parking spaces
Legal conforming property
No
No
Currently existing
Currently existing
Currently existing
N/A
N/A
Currently exists (Property Management staff and Maintenance staff)

Item # 6.

Page | 3
E. Anticipated number of employees on largest shift: ______________________________ III. If an outdoor use is proposed as part of this project, please complete this section.

A. Type of use:

Sales _________________ Processing __________ Storage _____________ Manufacturing ___________ Other ______________
B. Area devoted to outdoor use (shown on site plan).

Square feet/acres _________________ Percentage of site _______________ C. Describe the proposed outdoor use: _________________________________________ ________________________________________________________________________ ________________________________________________________________________

USE PERMITS

SITE PLAN REQUIREMENTS
A site plan is a scale drawing that depicts a property's size and shape, existing improvements on the property, and improvements or additions which are intended to be added. The site plan should be as complete and accurate as possible since it will be used by several City departments to check various requirements of the development application. Please place a check or N/A on the line provided in the below checklist. Submit this page along with the map and application packet.

A. Submittal Checklist:

One completed copy of Universal Application form.

One completed copy of the Environmental Review Checklist (if applicable). 15 copies of the site plan and all other applicable plans/information.

Preliminary Title Report dated no later than 6 months prior to the application filing date.

The appropriate non-refundable filing fee.

B. Site Plan:

Site Plan size – one 8-1/2” x 11”, 15 larger folded copies (folded to 9” x 12”) with one 8.5 by 11 reduced copy and e-mail electronic .pdf file.

Graphic scale and north arrow.

Show location and dimensions of existing and proposed structures and walls (identify existing as a solid line and proposed as a dashed line). 2 N/A N/A N/A

N/A N/A
Currently exists Currently exists
Basketball half court, children playground area, multiple BBQ & picnic areas.

Item # 6.

Page | 4
Label the use of all existing and proposed structures or area.

Show the distance between structures and to the property lines.

Show site access and off street parking facilities, including parking area and layout, loading areas, trash storage areas, dimensions and numbers of individual parking spaces (including accessible spaces) and aisles.

Show size and species of all trees 6 inches and greater in diameter at breast height.

Show location and size of all proposed and existing signs, fences and walls.

Show location and general dimensions of water courses and drainage ways on the site, including any proposed modifications.

Item # 6.

Page | 1

CITY OF GRASS VALLEY
Community Development Department
125 E. Main Street
Grass Valley, California 95945
(530) 274-4330
(530) 274-4399 fax

SUPPLEMENTAL APPLICATION INFORMATION
This document will provide necessary information about the proposed project. It will also be used to evaluate potential environmental impacts created by the project. Please be as accurate and complete as possible in answering the questions. Further environmental information could be required from the applicant to evaluate the project.

PLEASE PRINT CLEARLY OR TYPE
USE A SEPARATE SHEET, IF NECESSARY, TO EXPLAIN THE FOLLOWING:

I. Project Characteristics:

A. Describe all existing buildings and uses of the property: __________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ B. Describe surrounding land uses:

North: ________________________________________________________________ South: ________________________________________________________________ East: _________________________________________________________________ West: _________________________________________________________________ C. Describe existing public or private utilities on the property: _______________________ ______________________________________________________________________ ______________________________________________________________________ D. Proposed building size (list by square feet, if multiple stories, list square feet for each floor): _________________________________________________________________ ______________________________________________________________________ E. Proposed building height (measured from average finished grade to highest point): _____ ______________________________________________________________________ F. Proposed building site plan:
(1) building coverage Sq. Ft. % of site
(2) surfaced area Sq. Ft. % of site
(3) landscaped area Sq. Ft. % of site
(4) left in open space Sq. Ft. % of site
Total Sq. Ft. 100 %
G. Construction phasing: If the project is a portion of an overall larger project, describe future phases or extension. Show all phases on site plan. ________________________ ______________________________________________________________________

USE PERMIT
conforming use.

Cedar Park Apartments is located at 210 Sutton Way,
and consist of 13 two-story residential buildings and 1 community building. There are a total of 80 low-income residential units and 1 manager's unit, with affordability levels ranging from 50%-60% average median income (AMI). The unit mix of the apartments are as follows: 36 two-bedroom units, 32 three-bedroom units, 12 four-bedroom units, and a two-bedroom manager's unit. This is 100% multifamily, income restricted, tax credit funded housing development that holds regulatory agreements with both California Tax Credit Allocation Committee as well as California Housing Finance Agency.

Residential multifamily apartments
Care center for eldery
Office building, Sutton Way and Vacant Commercial Land
Mobile home housing park
Public utilities currently exists on site.

Currently conforming use.

Currently
Currently existing conforming use.

Item # 6.

Page | 2
______________________________________________________________________ ______________________________________________________________________ H. Exterior Lighting:

1. Identify the type and location of exterior lighting that is proposed for the project. _____ ___________________________________________________________________ ___________________________________________________________________

2. Describe how new light sources will be prevented from spilling on adjacent properties or roadways. ________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I. Total number of parking spaces required (per Zoning Code): ______________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ J. Total number of parking spaces provided: ____________________________________ K. Will the project generate new sources of noise or expose the project to adjacent noise sources? ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ L. Will the project use or dispose of any potentially hazardous materials, such as toxic substances, flammables, or explosives? If yes, please explain: ____________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ M. Will the project generate new sources of dust, smoke, odors, or fumes? If so, please explain: _______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ II. Project Characteristics:

A. Days of operation (e.g., Monday - Friday): ____________________________________ B. Total hours of operation per day: ___________________________________________ Times of operation (e.g., 8 - 5, M - F): _______________________________________ C. If fixed seats involved, how many: __________________________________________ If pews or benches, please describe how many and the total length: ________________ ______________________________________________________________________ D. Total number of employees: _______________________________________________ Requesting reduction of covered parking
spaces required by zoning code from 80 to zero (0) covered parking spaces. parking spaces per each two-bedroom unit or larger.
164 parking spaces
Legal conforming property
No
No
Currently existing
Currently existing
Currently existing
N/A
N/A
Currently exists (Property Management staff and Maintenance staff)

Item # 6.

Page | 3
E. Anticipated number of employees on largest shift: ______________________________ III. If an outdoor use is proposed as part of this project, please complete this section.

A. Type of use:

Sales _________________ Processing __________ Storage _____________ Manufacturing ___________ Other ______________
B. Area devoted to outdoor use (shown on site plan).

Square feet/acres _________________ Percentage of site _______________ C. Describe the proposed outdoor use: _________________________________________ ________________________________________________________________________ ________________________________________________________________________

USE PERMITS

SITE PLAN REQUIREMENTS
A site plan is a scale drawing that depicts a property's size and shape, existing improvements on the property, and improvements or additions which are intended to be added. The site plan should be as complete and accurate as possible since it will be used by several City departments to check various requirements of the development application. Please place a check or N/A on the line provided in the below checklist. Submit this page along with the map and application packet.

A. Submittal Checklist:

One completed copy of Universal Application form.

One completed copy of the Environmental Review Checklist (if applicable). 15 copies of the site plan and all other applicable plans/information.

Preliminary Title Report dated no later than 6 months prior to the application filing date.

The appropriate non-refundable filing fee.

B. Site Plan:

Site Plan size – one 8-1/2” x 11”, 15 larger folded copies (folded to 9” x 12”) with one 8.5 by 11 reduced copy and e-mail electronic .pdf file.

Graphic scale and north arrow.

Show location and dimensions of existing and proposed structures and walls (identify existing as a solid line and proposed as a dashed line). 2 N/A N/A N/A

N/A N/A
Currently exists Currently exists
Basketball half court, children playground area, multiple BBQ & picnic areas.

Item # 6.

Page | 4
Label the use of all existing and proposed structures or area.

Show the distance between structures and to the property lines.

Show site access and off street parking facilities, including parking area and layout, loading areas, trash storage areas, dimensions and numbers of individual parking spaces (including accessible spaces) and aisles.

Show size and species of all trees 6 inches and greater in diameter at breast height.

Show location and size of all proposed and existing signs, fences and walls.

Show location and general dimensions of water courses and drainage ways on the site, including any proposed modifications.

Item # 6.

Page | 1

CITY OF GRASS VALLEY
Community Development Department
125 E. Main Street
Grass Valley, California 95945
(530) 274-4330
(530) 274-4399 fax

SUPPLEMENTAL APPLICATION INFORMATION
This document will provide necessary information about the proposed project. It will also be used to evaluate potential environmental impacts created by the project. Please be as accurate and complete as possible in answering the questions. Further environmental information could be required from the applicant to evaluate the project.

PLEASE PRINT CLEARLY OR TYPE
USE A SEPARATE SHEET, IF NECESSARY, TO EXPLAIN THE FOLLOWING:

I. Project Characteristics:

A. Describe all existing buildings and uses of the property: __________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ B. Describe surrounding land uses:

North: ________________________________________________________________ South: ________________________________________________________________ East: _________________________________________________________________ West: _________________________________________________________________ C. Describe existing public or private utilities on the property: _______________________ ______________________________________________________________________ ______________________________________________________________________ D. Proposed building size (list by square feet, if multiple stories, list square feet for each floor): _________________________________________________________________ ______________________________________________________________________ E. Proposed building height (measured from average finished grade to highest point): _____ ______________________________________________________________________ F. Proposed building site plan:
(1) building coverage Sq. Ft. % of site
(2) surfaced area Sq. Ft. % of site
(3) landscaped area Sq. Ft. % of site
(4) left in open space Sq. Ft. % of site
Total Sq. Ft. 100 %
G. Construction phasing: If the project is a portion of an overall larger project, describe future phases or extension. Show all phases on site plan. ________________________ ______________________________________________________________________

USE PERMIT
conforming use.

Cedar Park Apartments is located at 210 Sutton Way,
and consist of 13 two-story residential buildings and 1 community building. There are a total of 80 low-income residential units and 1 manager's unit, with affordability levels ranging from 50%-60% average median income (AMI). The unit mix of the apartments are as follows: 36 two-bedroom units, 32 three-bedroom units, 12 four-bedroom units, and a two-bedroom manager's unit. This is 100% multifamily, income restricted, tax credit funded housing development that holds regulatory agreements with both California Tax Credit Allocation Committee as well as California Housing Finance Agency.

Residential multifamily apartments
Care center for eldery
Office building, Sutton Way and Vacant Commercial Land
Mobile home housing park
Public utilities currently exists on site.

Currently conforming use.

Currently
Currently existing conforming use.

Item # 6.

Page | 2
______________________________________________________________________ ______________________________________________________________________ H. Exterior Lighting:

1. Identify the type and location of exterior lighting that is proposed for the project. _____ ___________________________________________________________________ ___________________________________________________________________

2. Describe how new light sources will be prevented from spilling on adjacent properties or roadways. ________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I. Total number of parking spaces required (per Zoning Code): ______________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ J. Total number of parking spaces provided: ____________________________________ K. Will the project generate new sources of noise or expose the project to adjacent noise sources? ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ L. Will the project use or dispose of any potentially hazardous materials, such as toxic substances, flammables, or explosives? If yes, please explain: ____________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ M. Will the project generate new sources of dust, smoke, odors, or fumes? If so, please explain: _______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ II. Project Characteristics:

A. Days of operation (e.g., Monday - Friday): ____________________________________ B. Total hours of operation per day: ___________________________________________ Times of operation (e.g., 8 - 5, M - F): _______________________________________ C. If fixed seats involved, how many: __________________________________________ If pews or benches, please describe how many and the total length: ________________ ______________________________________________________________________ D. Total number of employees: _______________________________________________ Requesting reduction of covered parking
spaces required by zoning code from 80 to zero (0) covered parking spaces. parking spaces per each two-bedroom unit or larger.
164 parking spaces
Legal conforming property
No
No
Currently existing
Currently existing
Currently existing
N/A
N/A
Currently exists (Property Management staff and Maintenance staff)

Item # 6.

Page | 3
E. Anticipated number of employees on largest shift: ______________________________ III. If an outdoor use is proposed as part of this project, please complete this section.

A. Type of use:

Sales _________________ Processing __________ Storage _____________ Manufacturing ___________ Other ______________
B. Area devoted to outdoor use (shown on site plan).

Square feet/acres _________________ Percentage of site _______________ C. Describe the proposed outdoor use: _________________________________________ ________________________________________________________________________ ________________________________________________________________________

USE PERMITS

SITE PLAN REQUIREMENTS
A site plan is a scale drawing that depicts a property's size and shape, existing improvements on the property, and improvements or additions which are intended to be added. The site plan should be as complete and accurate as possible since it will be used by several City departments to check various requirements of the development application. Please place a check or N/A on the line provided in the below checklist. Submit this page along with the map and application packet.

A. Submittal Checklist:

One completed copy of Universal Application form.

One completed copy of the Environmental Review Checklist (if applicable). 15 copies of the site plan and all other applicable plans/information.

Preliminary Title Report dated no later than 6 months prior to the application filing date.

The appropriate non-refundable filing fee.

B. Site Plan:

Site Plan size – one 8-1/2” x 11”, 15 larger folded copies (folded to 9” x 12”) with one 8.5 by 11 reduced copy and e-mail electronic .pdf file.

Graphic scale and north arrow.

Show location and dimensions of existing and proposed structures and walls (identify existing as a solid line and proposed as a dashed line). 2 N/A N/A N/A

N/A N/A
Currently exists Currently exists
Basketball half court, children playground area, multiple BBQ & picnic areas.

Item # 6.

Page | 4
Label the use of all existing and proposed structures or area.

Show the distance between structures and to the property lines.

Show site access and off street parking facilities, including parking area and layout, loading areas, trash storage areas, dimensions and numbers of individual parking spaces (including accessible spaces) and aisles.

Show size and species of all trees 6 inches and greater in diameter at breast height.

Show location and size of all proposed and existing signs, fences and walls.

Show location and general dimensions of water courses and drainage ways on the site, including any proposed modifications.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Item # 6.

Element 26 Contracting Page 1 of 2
Construction Proposal
Proposal #: 23-031
CSLB # 940594 DOSH Reg # 983
Date: 1 December 2023 Office: (916) 919-1167 Fax: (916) 295-1135 By: Joshua Bryant Email: [email protected] Cell Phone: (916) 919-1167 To: Cascade Housing Association Attn: Kristi Isham
Address: POB 182
Springfield, OR 97477
Phone: (541) 726-6181 Cell:

Fax: Email: [email protected]
Site / Project: Glenbrook, Oak Ridge and Cedar Park Car Ports Grass Valley
Addenda Noted: NONE
Prevailing Wages: NO
Plans Date: NONE
Abatement Report: NONE
Thank you for considering Element 26 Contracting for the above-mentioned project. If you have any questions regarding this proposal, please feel free to contact me at the above noted numbers. We look forward to working with you!
Proposed Scope of Work
Carport Structures:

Provide and install new steel covered parking structures. - Structures will be semi-cantilever design and engineered to exceed current city snow load specifications
- Structures will come pre-painted to owner’s color choice Provide plans for submittal to city for new structures
Provide structural engineering and associated calculations for new structures Provide electrical engineering for installation of new lighting at structures Sawcut, break and remove parking lot asphalt for new structural pole bases - Includes excavation of holes for new pole bases
- Includes hammering of old footings where required to accommodate new footings - Includes on site utility locates to prevent damage to unmarked utilities. If utilities are found to conflict with new footings, re-routing of those utilities is not included in this proposal.

Sawcut, break and remove parking lot asphalt and sidewalks for new electrical conduits for new lighting.
- Includes trenching, not to exceed 18” wide and depth not to exceed 24” Provide new LED lighting for new parking structures.
- Includes new wiring and updating panel schedules

ATTACHMENT B

Item # 6.

Element 26 Contracting Page 2 of 2
Dowel and re-pour concrete sidewalks from removal for conduits - Does not include re-sloping of concrete or correction of other onsite concrete conditions. We are only repouring to match existing conditions.

Pour concrete for new structure bases
- Concrete footing size and PSI will be based on engineer’s calculations Patch asphalt from removal for bases and conduits
- Includes providing base rock and compaction as needed.

Re-stripe parking lot as needed from asphalt removal
Provide protection measures as needed for open trenches and tenant safety TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, GLENBROOK, 12 UNITS: $261,600.00 TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, OAK RIDGE, 16 UNITS: $348,800.00 TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, CEDAR PARK, 20 UNITS: $436,000.00 Does not include:
- Permit Fees
- Landscaping repair (owners landscaping contractor)
Exclusions (UNLESS NOTED ABOVE)

1. All work not specifically included above is excluded. Work scope is limited to the quantities noted above.

2. Excludes demo of ceramic tile flooring and mortar bed, grout, thinset. Excludes removal of epoxy coatings.

3. Jobsite temporary power is to be provided by others.

4. Temporary water to be provided by others (on site use).

5. Weekends, Holidays, and Overtime work is excluded.

6. Excludes Liquidated Damages and Retention.

7. Testing, handling, and removal of Hazardous, Regulated, or Toxic materials, including refrigerant recovery other than those specifically itemized above.

8. Concealed materials not visible, unless indicated on plans.

Terms and Conditions of This Proposal

1. All work to be done in a single mobilization; additional moves charged as extras.

2. If any discrepancy exists or is discovered between the terms of this Proposal and any other written agreement, contract, subcontract, specification, drawing, etc. on the project, then the terms of this Proposal shall prevail. The terms of this Proposal have the highest precedence, and cancel all conflicting terms.

3. Pricing is good for 30 days from date of this Proposal, and is based on award of all bid items.

Assumptions and Limitations

1. Temporary power to be provided by others (onsite use).

2. Contractor to be able to use on site facilities during work hours.

Item # 6.

Element 26 Contracting Page 1 of 2
Construction Proposal
Proposal #: 23-031
CSLB # 940594 DOSH Reg # 983
Date: 1 December 2023 Office: (916) 919-1167 Fax: (916) 295-1135 By: Joshua Bryant Email: [email protected] Cell Phone: (916) 919-1167 To: Cascade Housing Association Attn: Kristi Isham
Address: POB 182
Springfield, OR 97477
Phone: (541) 726-6181 Cell:

Fax: Email: [email protected]
Site / Project: Glenbrook, Oak Ridge and Cedar Park Car Ports Grass Valley
Addenda Noted: NONE
Prevailing Wages: NO
Plans Date: NONE
Abatement Report: NONE
Thank you for considering Element 26 Contracting for the above-mentioned project. If you have any questions regarding this proposal, please feel free to contact me at the above noted numbers. We look forward to working with you!
Proposed Scope of Work
Carport Structures:

Provide and install new steel covered parking structures. - Structures will be semi-cantilever design and engineered to exceed current city snow load specifications
- Structures will come pre-painted to owner’s color choice Provide plans for submittal to city for new structures
Provide structural engineering and associated calculations for new structures Provide electrical engineering for installation of new lighting at structures Sawcut, break and remove parking lot asphalt for new structural pole bases - Includes excavation of holes for new pole bases
- Includes hammering of old footings where required to accommodate new footings - Includes on site utility locates to prevent damage to unmarked utilities. If utilities are found to conflict with new footings, re-routing of those utilities is not included in this proposal.

Sawcut, break and remove parking lot asphalt and sidewalks for new electrical conduits for new lighting.
- Includes trenching, not to exceed 18” wide and depth not to exceed 24” Provide new LED lighting for new parking structures.
- Includes new wiring and updating panel schedules

ATTACHMENT B

Item # 6.

Element 26 Contracting Page 2 of 2
Dowel and re-pour concrete sidewalks from removal for conduits - Does not include re-sloping of concrete or correction of other onsite concrete conditions. We are only repouring to match existing conditions.

Pour concrete for new structure bases
- Concrete footing size and PSI will be based on engineer’s calculations Patch asphalt from removal for bases and conduits
- Includes providing base rock and compaction as needed.

Re-stripe parking lot as needed from asphalt removal
Provide protection measures as needed for open trenches and tenant safety TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, GLENBROOK, 12 UNITS: $261,600.00 TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, OAK RIDGE, 16 UNITS: $348,800.00 TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, CEDAR PARK, 20 UNITS: $436,000.00 Does not include:
- Permit Fees
- Landscaping repair (owners landscaping contractor)
Exclusions (UNLESS NOTED ABOVE)

1. All work not specifically included above is excluded. Work scope is limited to the quantities noted above.

2. Excludes demo of ceramic tile flooring and mortar bed, grout, thinset. Excludes removal of epoxy coatings.

3. Jobsite temporary power is to be provided by others.

4. Temporary water to be provided by others (on site use).

5. Weekends, Holidays, and Overtime work is excluded.

6. Excludes Liquidated Damages and Retention.

7. Testing, handling, and removal of Hazardous, Regulated, or Toxic materials, including refrigerant recovery other than those specifically itemized above.

8. Concealed materials not visible, unless indicated on plans.

Terms and Conditions of This Proposal

1. All work to be done in a single mobilization; additional moves charged as extras.

2. If any discrepancy exists or is discovered between the terms of this Proposal and any other written agreement, contract, subcontract, specification, drawing, etc. on the project, then the terms of this Proposal shall prevail. The terms of this Proposal have the highest precedence, and cancel all conflicting terms.

3. Pricing is good for 30 days from date of this Proposal, and is based on award of all bid items.

Assumptions and Limitations

1. Temporary power to be provided by others (onsite use).

2. Contractor to be able to use on site facilities during work hours.

Item # 6.

Element 26 Contracting Page 1 of 2
Construction Proposal
Proposal #: 23-031
CSLB # 940594 DOSH Reg # 983
Date: 1 December 2023 Office: (916) 919-1167 Fax: (916) 295-1135 By: Joshua Bryant Email: [email protected] Cell Phone: (916) 919-1167 To: Cascade Housing Association Attn: Kristi Isham
Address: POB 182
Springfield, OR 97477
Phone: (541) 726-6181 Cell:

Fax: Email: [email protected]
Site / Project: Glenbrook, Oak Ridge and Cedar Park Car Ports Grass Valley
Addenda Noted: NONE
Prevailing Wages: NO
Plans Date: NONE
Abatement Report: NONE
Thank you for considering Element 26 Contracting for the above-mentioned project. If you have any questions regarding this proposal, please feel free to contact me at the above noted numbers. We look forward to working with you!
Proposed Scope of Work
Carport Structures:

Provide and install new steel covered parking structures. - Structures will be semi-cantilever design and engineered to exceed current city snow load specifications
- Structures will come pre-painted to owner’s color choice Provide plans for submittal to city for new structures
Provide structural engineering and associated calculations for new structures Provide electrical engineering for installation of new lighting at structures Sawcut, break and remove parking lot asphalt for new structural pole bases - Includes excavation of holes for new pole bases
- Includes hammering of old footings where required to accommodate new footings - Includes on site utility locates to prevent damage to unmarked utilities. If utilities are found to conflict with new footings, re-routing of those utilities is not included in this proposal.

Sawcut, break and remove parking lot asphalt and sidewalks for new electrical conduits for new lighting.
- Includes trenching, not to exceed 18” wide and depth not to exceed 24” Provide new LED lighting for new parking structures.
- Includes new wiring and updating panel schedules

ATTACHMENT B

Item # 6.

Element 26 Contracting Page 2 of 2
Dowel and re-pour concrete sidewalks from removal for conduits - Does not include re-sloping of concrete or correction of other onsite concrete conditions. We are only repouring to match existing conditions.

Pour concrete for new structure bases
- Concrete footing size and PSI will be based on engineer’s calculations Patch asphalt from removal for bases and conduits
- Includes providing base rock and compaction as needed.

Re-stripe parking lot as needed from asphalt removal
Provide protection measures as needed for open trenches and tenant safety TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, GLENBROOK, 12 UNITS: $261,600.00 TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, OAK RIDGE, 16 UNITS: $348,800.00 TOTAL PRICE FOR ABOVE MENTIONED SCOPE OF WORK, CEDAR PARK, 20 UNITS: $436,000.00 Does not include:
- Permit Fees
- Landscaping repair (owners landscaping contractor)
Exclusions (UNLESS NOTED ABOVE)

1. All work not specifically included above is excluded. Work scope is limited to the quantities noted above.

2. Excludes demo of ceramic tile flooring and mortar bed, grout, thinset. Excludes removal of epoxy coatings.

3. Jobsite temporary power is to be provided by others.

4. Temporary water to be provided by others (on site use).

5. Weekends, Holidays, and Overtime work is excluded.

6. Excludes Liquidated Damages and Retention.

7. Testing, handling, and removal of Hazardous, Regulated, or Toxic materials, including refrigerant recovery other than those specifically itemized above.

8. Concealed materials not visible, unless indicated on plans.

Terms and Conditions of This Proposal

1. All work to be done in a single mobilization; additional moves charged as extras.

2. If any discrepancy exists or is discovered between the terms of this Proposal and any other written agreement, contract, subcontract, specification, drawing, etc. on the project, then the terms of this Proposal shall prevail. The terms of this Proposal have the highest precedence, and cancel all conflicting terms.

3. Pricing is good for 30 days from date of this Proposal, and is based on award of all bid items.

Assumptions and Limitations

1. Temporary power to be provided by others (onsite use).

2. Contractor to be able to use on site facilities during work hours.

Item # 6.

Claim #:

Insured:

GA:

DOL:

Building Coverage Policy limit: $ 16,790,000.00
$230,884.96
$60,000.00
-$9,000.00
281884.96 $281,884.96
Excess Over Limits
$281,884.96
Payable When Incurred
$78,735.05
$203,149.91
Exess Over Limits
$0.00 $25,000.00
$178,149.91
Date of Payment Amount of Payment
6/13/2023 $178,149.91
$178,149.91
$0.00
2/28/2023
<Less prior payments:>
<Less Non-Recoverable Depreciation>
Total Amount Due:
<Less Deductible of $25,000>
Replacement Cost Grand Total:
<Less O&P ACV, Depreciation on O&P, Tax>
Actual Cash Value
<Less Recoverable Depreciation>
This Payment:

Description of Payment

TOTAL PRIOR PAYMENTS
<Less prior payments:>
<Less prior payments:>
<Less prior payments:>
<Less prior payments:>

BUILDING COVERAGE
Building Coverage Sub-Total:

BUILDING STATEMENT OF LOSS
Element 26 Removal Invoice
Less Non-covered portion of Element 26 Invoice for 3
carports
Truck Insurance Exchange
Xactimate Estimate
5021781016-1

OREGON INVESTORS VIII LP
Jeff Camacho Monday, March 25, 2024
#Confidential
Attachment C

Item # 6.

Claim #:

Insured:

GA:

DOL:

Building Coverage Policy limit: $ 9,588,100.00
$167,202.03
$39,000.00
206202.03 $206,202.03
Excess Over Limits
$206,202.03
Payable When Incurred
$53,098.97
$153,103.06
Exess Over Limits
$0.00 $25,000.00
$128,103.06
Date of Payment Amount of Payment
$39,000.00
$89,103.06
$128,103.06
$0.00

BUILDING STATEMENT OF LOSS
Element 26 Removal Invoice
Truck Insurance Exchange
Xactimate Estimate
7006217336-1

OREGON INVESTORS VII
Jeff Camacho Monday, March 25, 2024
<Less prior payments:>

BUILDING COVERAGE
Building Coverage Sub-Total:

This Payment:

Description of Payment

TOTAL PRIOR PAYMENTS
<Less prior payments:>
<Less prior payments:>
<Less prior payments:>
<Less prior payments:>
<Less Non-Recoverable Depreciation>
Total Amount Due:
<Less Deductible of $25,000>
Replacement Cost Grand Total:
<Less O&P ACV, Depreciation on O&P, Tax>
Actual Cash Value
<Less Recoverable Depreciation>
3/7/2023
#Proprietary
Attachment C

Item # 6.

Claim #:

Insured:

GA:

DOL:

Building Coverage Policy limit: $ 18,277,100.00
$261,132.03
$48,000.00
-$3,000.00
306132.03 $306,132.03
Excess Over Limits
$306,132.03
Payable When Incurred
$103,682.27
$202,449.76
Exess Over Limits
$0.00 $25,000.00
$177,449.76
Date of Payment Amount of Payment
$0.00
$177,449.76
3/7/2023
<Less prior payments:>
<Less Non-Recoverable Depreciation>
Total Amount Due:
<Less Deductible of $25,000>
Replacement Cost Grand Total:
<Less O&P ACV, Depreciation on O&P, Tax>
Actual Cash Value
<Less Recoverable Depreciation>
This Payment:

Description of Payment

TOTAL PRIOR PAYMENTS
<Less prior payments:>
<Less prior payments:>
<Less prior payments:>
<Less prior payments:>

BUILDING COVERAGE
Building Coverage Sub-Total:

BUILDING STATEMENT OF LOSS
Element 26 Removal Invoice
Less Non-covered portion of Element 26 Invoice for 1
carport
Farmers Insurance Exchange
Xactimate Estimate
5021822222-1

OREGON INVESTORS V LP
Jeff Camacho Monday, March 25, 2024
#Proprietary
Attachment C

Item # 6.
3277 Monier Cir
Rancho Cordova, CA 95742
Fax: (916) 295-1135
Element 26 Contracting
Phone: (916) 295-1130
P.O. Box 2968
Portland, OR 97208
Cambridge Real Estate Services
3/27/2023
3/27/2023
1196
Grass Valley, CA
Cedar Park Apartments Parking
23-004
Our Job No Payment Terms Due Date
Description Price
Re:

Invoice
Invoice Number
Invoice Date
Bill To:

Customer Job No Customer PO
Due Upon Receipt
Demolition of single and double unit carports. Includes patching of asphalt where the structural 60,000.00 columns were. 20 units @ $3,000 each
Total Due $ 60,000.00
Subtotal $ 60,000.00
Thank you for your business!

Item # 6.

AIA Type Document
Application and Certification for Payment Page 1 of 2
(Line 4 less Line 5 Total) ARCHITECT'S CERTIFICATE FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet, AIA Type Document is attached.

Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet, AIA Type Document is attached.
b. __________% of Stored Material
a. __________% of Completed Work

0.00 2,000.00

0.00 2,000.00

0.00 0.00

0.00 2,000.00

0.00 0.00
2,000.00

0.00 2,000.00
PROJECT:

CONTRACTOR'S APPLICATION FOR PAYMENT
CONTRACTOR:

By: Date:
/
State of:

County of:

Subscribed and Sworn to before me this Day of 20
Notary Public:

My Commission Expires :

AMOUNT CERTIFIED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
ARCHITECT:

This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, Payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract.

CONTRACT FOR: CONTRACT DATE:

TO (OWNER): Cascade Housing Association
PO Box 182
Springfield, OR 97477
3277 Monier Cir Rancho Cordova, CA 95742
Cedar Park Exterior Lighting
201 Sutton Way
Grass Valley, CA 95945

1. ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . . . $

2. Net Change by Change Orders . . . . . . . . . . . . . . . . $

3. CONTRACT SUM TO DATE (Line 1 + 2). . . . . . . . . . . $

4. TOTAL COMPLETED AND STORED TO DATE . . . . . . $

5. RETAINAGE:
$
$
Total retainage (Line 5a + 5b) . . . . . . . . . . . . . . . . . . . . $

6. TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . . . . $

7. LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Line 6 from prior Certificate) . . . . . . . . . . . . . . . . . . . . . $

8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . . . . . . $

9. BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 3 less Line 6) $

DISTRIBUTION
TO:
_ OWNER
_ ARCHITECT
_ CONTRACTOR
In Accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated,the quality of the work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.

TOTALS
NET CHANGES by Change Order
Total changes approved in
previous months by Owner 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Total approved this Month
The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the owner, and that current payment shown herein is now due.
(Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) By: Date:
1 PERIOD TO:8/31/2023
APPLICATION NO:

FROM (CONTRACTOR):
3277 Monier Cir
Rancho Cordova, CA 95742
VIA (ARCHITECT): ARCHITECT'S
PROJECT NO:

Element 26 Contracting
Element 26 Contracting

Item # 6.

AIA Type Document
Application and Certification for Payment Page 2 of 2
TO (OWNER): Cascade Housing Association
PO Box 182
Springfield, OR 97477
PROJECT: APPLICATION NO: 1
PERIOD TO: 8/31/2023
CONTRACT FOR:

ITEM DESCRIPTION

SCHEDULE
VALUE

PREVIOUS

APPLICATIONS

COMPLETED

THIS PERIOD
STORED

MATERIAL

COMPLETED
STORED % BALANCE RETAINAGE
Cedar Park Exterior Lighting
201 Sutton Way
Grass Valley, CA 95945
FROM (CONTRACTOR):
3277 Monier Cir
Rancho Cordova, CA 95742

ARCHITECT'S
PROJECT NO:

DISTRIBUTION
TO:
_ OWNER
_ ARCHITECT
_ CONTRACTOR
VIA (ARCHITECT):

CONTRACT DATE:

Element 26 Contracting
Electrical disconnects & safe-offs 2,000.00 100.00 0.00 of demolished carport lighting
1 2,000.00 0.00 0.00 2,000.00 0.00
REPORT TOTALS $2,000.00 $0.00 $2,000.00 $0.00 $2,000.00 100.00 $0.00 $0.00

Item # 6.
3277 Monier Cir
Rancho Cordova, CA 95742
Fax: (916) 295-1135
Element 26 Contracting
Phone: (916) 295-1130
P.O. Box 2968
Portland, OR 97208
Cambridge Real Estate Services
3/27/2023
3/27/2023
1193
Grass Valley, CA
Glenbrook Apartments Parking
23-006
Our Job No Payment Terms Due Date
Description Price
Re:

Invoice
Invoice Number
Invoice Date
Bill To:

Customer Job No Customer PO
Due Upon Receipt
Demolition of single and double unit carports. Includes patching of asphalt where the structural 30,000.00 columns were. 10 units @ $3,000 each
Hand demolition due to high voltage lines. 2 units @ $4,500 each 9,000.00 Total Due $ 39,000.00
Subtotal $ 39,000.00
Thank you for your business!

Item # 6.

AIA Type Document
Application and Certification for Payment Page 1 of 2
(Line 4 less Line 5 Total) ARCHITECT'S CERTIFICATE FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet, AIA Type Document is attached.

Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet, AIA Type Document is attached.
b. __________% of Stored Material
a. __________% of Completed Work

0.00 2,000.00

0.00 2,000.00

0.00 0.00

0.00 2,000.00

0.00 0.00
2,000.00

0.00 2,000.00
PROJECT:

CONTRACTOR'S APPLICATION FOR PAYMENT
CONTRACTOR:

By: Date:
/
State of:

County of:

Subscribed and Sworn to before me this Day of 20
Notary Public:

My Commission Expires :

AMOUNT CERTIFIED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
ARCHITECT:

This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, Payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract.

CONTRACT FOR: CONTRACT DATE:

TO (OWNER): Cascade Housing Association
P.O. Box 182
Springfield, OR 97477
3277 Monier Cir Rancho Cordova, CA 95742
Glenbrook Exterior Lighting
265 Sutton Way
Grass Valley, CA 95945

1. ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . . . $

2. Net Change by Change Orders . . . . . . . . . . . . . . . . $

3. CONTRACT SUM TO DATE (Line 1 + 2). . . . . . . . . . . $

4. TOTAL COMPLETED AND STORED TO DATE . . . . . . $

5. RETAINAGE:
$
$
Total retainage (Line 5a + 5b) . . . . . . . . . . . . . . . . . . . . $

6. TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . . . . $

7. LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Line 6 from prior Certificate) . . . . . . . . . . . . . . . . . . . . . $

8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . . . . . . $

9. BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 3 less Line 6) $

DISTRIBUTION
TO:
_ OWNER
_ ARCHITECT
_ CONTRACTOR
In Accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated,the quality of the work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.

TOTALS
NET CHANGES by Change Order
Total changes approved in
previous months by Owner 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Total approved this Month
The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the owner, and that current payment shown herein is now due.
(Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) By: Date:
1 PERIOD TO:8/31/2023
APPLICATION NO:

FROM (CONTRACTOR):
3277 Monier Cir
Rancho Cordova, CA 95742
VIA (ARCHITECT): ARCHITECT'S
PROJECT NO:

Element 26 Contracting
Element 26 Contracting

Item # 6.

AIA Type Document
Application and Certification for Payment Page 2 of 2
TO (OWNER): Cascade Housing Association
P.O. Box 182
Springfield, OR 97477
PROJECT: APPLICATION NO: 1
PERIOD TO: 8/31/2023
CONTRACT FOR:

ITEM DESCRIPTION

SCHEDULE
VALUE

PREVIOUS

APPLICATIONS

COMPLETED

THIS PERIOD
STORED

MATERIAL

COMPLETED
STORED % BALANCE RETAINAGE
Glenbrook Exterior Lighting
265 Sutton Way
Grass Valley, CA 95945
FROM (CONTRACTOR):
3277 Monier Cir
Rancho Cordova, CA 95742

ARCHITECT'S
PROJECT NO:

DISTRIBUTION
TO:
_ OWNER
_ ARCHITECT
_ CONTRACTOR
VIA (ARCHITECT):

CONTRACT DATE:

Element 26 Contracting
Electrical disconnects & safe-offs 2,000.00 100.00 0.00 of demolished carport lighting
1 2,000.00 0.00 0.00 2,000.00 0.00
REPORT TOTALS $2,000.00 $0.00 $2,000.00 $0.00 $2,000.00 100.00 $0.00 $0.00

Item # 6.
3277 Monier Cir
Rancho Cordova, CA 95742
Fax: (916) 295-1135
Element 26 Contracting
Phone: (916) 295-1130
P.O. Box 2968
Portland, OR 97208
Cambridge Real Estate Services
3/27/2023
3/27/2023
1192
Grass Valley, CA
Oak Ridge Apartments Parking
23-005
Our Job No Payment Terms Due Date
Description Price
Re:

Invoice
Invoice Number
Invoice Date
Bill To:

Customer Job No Customer PO
Due Upon Receipt
Demolition of single and double unit carports. Includes patching of asphalt where the structural 48,000.00 columns were. 16 units @ $3,000 each
Total Due $ 48,000.00
Subtotal $ 48,000.00
Thank you for your business!

Item # 6.

AIA Type Document
Application and Certification for Payment Page 1 of 2
(Line 4 less Line 5 Total) ARCHITECT'S CERTIFICATE FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet, AIA Type Document is attached.

Application is made for Payment, as shown below, in connection with the Contract.

Continuation Sheet, AIA Type Document is attached.
b. __________% of Stored Material
a. __________% of Completed Work

0.00 2,000.00

0.00 2,000.00

0.00 0.00

0.00 2,000.00

0.00 0.00
2,000.00

0.00 2,000.00
PROJECT:

CONTRACTOR'S APPLICATION FOR PAYMENT
CONTRACTOR:

By: Date:
/
State of:

County of:

Subscribed and Sworn to before me this Day of 20
Notary Public:

My Commission Expires :

AMOUNT CERTIFIED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $

CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS
ARCHITECT:

This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, Payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract.

CONTRACT FOR: CONTRACT DATE:

TO (OWNER): Cascade Housing Association
P.O. Box 182
Springfield, OR 97477
3277 Monier Cir Rancho Cordova, CA 95742
Oak Ridge Exterior Lighting
228 Sutton Way
Grass Valley, CA 95945

1. ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . . . $

2. Net Change by Change Orders . . . . . . . . . . . . . . . . $

3. CONTRACT SUM TO DATE (Line 1 + 2). . . . . . . . . . . $

4. TOTAL COMPLETED AND STORED TO DATE . . . . . . $

5. RETAINAGE:
$
$
Total retainage (Line 5a + 5b) . . . . . . . . . . . . . . . . . . . . $

6. TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . . . . $

7. LESS PREVIOUS CERTIFICATES FOR PAYMENT
(Line 6 from prior Certificate) . . . . . . . . . . . . . . . . . . . . . $

8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . . . . . . $

9. BALANCE TO FINISH, INCLUDING RETAINAGE
(Line 3 less Line 6) $

DISTRIBUTION
TO:
_ OWNER
_ ARCHITECT
_ CONTRACTOR
In Accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated,the quality of the work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED.

TOTALS
NET CHANGES by Change Order
Total changes approved in
previous months by Owner 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Total approved this Month
The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the owner, and that current payment shown herein is now due.
(Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) By: Date:
1 PERIOD TO:8/31/2023
APPLICATION NO:

FROM (CONTRACTOR):
3277 Monier Cir
Rancho Cordova, CA 95742
VIA (ARCHITECT): ARCHITECT'S
PROJECT NO:

Element 26 Contracting
Element 26 Contracting

Item # 6.

AIA Type Document
Application and Certification for Payment Page 2 of 2
TO (OWNER): Cascade Housing Association
P.O. Box 182
Springfield, OR 97477
PROJECT: APPLICATION NO: 1
PERIOD TO: 8/31/2023
CONTRACT FOR:

ITEM DESCRIPTION

SCHEDULE
VALUE

PREVIOUS

APPLICATIONS

COMPLETED

THIS PERIOD
STORED

MATERIAL

COMPLETED
STORED % BALANCE RETAINAGE
Oak Ridge Exterior Lighting
228 Sutton Way
Grass Valley, CA 95945
FROM (CONTRACTOR):
3277 Monier Cir
Rancho Cordova, CA 95742

ARCHITECT'S
PROJECT NO:

DISTRIBUTION
TO:
_ OWNER
_ ARCHITECT
_ CONTRACTOR
VIA (ARCHITECT):

CONTRACT DATE:

Element 26 Contracting
Electrical disconnects & safe-offs 2,000.00 100.00 0.00 of demolished carport lighting
1 2,000.00 0.00 0.00 2,000.00 0.00
REPORT TOTALS $2,000.00 $0.00 $2,000.00 $0.00 $2,000.00 100.00 $0.00 $0.00

Item # 6.

Cedar Park Apartments
210 Sutton Way
Dec‐23 Jan‐24 Feb‐24
Total Income $97,644 $98,656 $104,093
Total Expenses $105,430 $60,252 $46,835
Financial Obligations $21,900 $21,857 $21,814
Net Profit/(Loss) ($29,686) $16,547 $35,444
Insurance Claim Received $178,149.91
Demo Expense ($60,000.00) pd
Electrical Disconnects ($2,000.00) pd
Demo Permit ‐ ($259.00) pd
Universal Application ‐ ($1,011.00) pd
Future Light Permit ‐ ($1,000.00) est.

Remaining Ins. $116,149.91
Parking Light Improvements $121,750.00 due
*Will be due from Owner ($5,600.09)
Insurance Claim Received $178,149.91
Demo Expense ‐ ($60,000.00) pd
Electrical Disconnects ‐ ($2,000.00) pd
Demo Permit ‐ ($259.00) pd
Universal Application ‐ ($1,012.00) pd
Future Building Permit ‐ ($1,000.00) est.

Remaining Ins. $113,878.91
Replace Carports & lighting ‐ $436,000.00 due
*Will be due from owner
*Property will need to repair aproximately $75,000‐$250,000 *In addition to approved path above
Cost to install lighting without carport replacement
Cost to Replace Carports to City code requirement
($322,121.09)
Estimated Costs to comply with State Bill 721

Item # 6.

Glenbrook Apartments
265 Sutton Way
Dec‐23 Jan‐24 Feb‐24
Total Income $62,810 $62,886 $62,087
Total Expenses $67,354 $49,813 $48,561
Financial Obligations $13,735 $13,709 $13,682
Net Profit/(Loss) ($18,279) ($636) ($156)
Insurance Claim Received $128,103.06
Demo Expense ‐ ($39,000.00) pd
Electrical Disconnects ‐ ($2,000.00) pd
Demo Permit ‐ ($259.00) pd
Universal Application ‐ ($1,011.00) pd
Future Light Permit ‐ ($1,000.00) est.

Remaining Ins. $84,833.06
Parking Light Improvements ‐ $89,000.00 due
*Will be due from Owner ($4,166.94)
Insurance Claim Received $128,103.06
Demo Expense ‐ ($39,000.00) pd
Electrical Disconnects ‐ ($2,000.00) pd
Demo Permit ‐ ($259.00) pd
Universal Application ‐ ($1,011.00) pd
Future Building Permit ‐ ($1,000.00) est.

Remaining Ins. $84,833.06
Replace Carports & lighting ‐ $261,600.00 due
*Will be due from owner
*Property will need to repair aproximately $75,000‐$250,000 *In addition to approved path above
Cost to install lighting without carport replacement
Cost to Replace Carports to City code requirement
($176,766.94)
Estimated Costs to comply with State Bill 721

Item # 6.

Oak Ridge Apartments
228 Sutton Way
Dec‐23 Jan‐24 Feb‐24
Total Income $94,158 $89,236 $99,131
Total Expenses $123,230 $107,833 $86,337
Financial Obligations $12,429 $12,812 $12,783
Net Profit/(Loss) ($41,501) ($31,409) $11
Insurance Claim Received $177,449.76
Demo Expense ‐ ($48,000.00) pd
Electrical Disconnects ‐ ($2,000.00) pd
Demo Permit ‐ ($260.00) pd
Universal Application ‐ ($1,012.00) pd
Future Lighting Permit ‐ ($1,000.00) est.

Remaining Ins. $125,177.76
Parking Light Improvements ‐ $129,450.00 due
*Will be due from owner ($4,272.24)
Insurance Claim Received $177,449.76
Demo Expense ‐ ($48,000.00) pd
Electrical Disconnects ‐ ($2,000.00) pd
Demo Permit ‐ ($260.00) pd
Universal Application ‐ ($1,012.00) pd
Future Building Permit ‐ ($1,000.00) est.

Remaining Ins. $125,177.76
Replace Carports & lighting ‐ $348,800.00 due
*Will be due from owner
*Property will need to repair aproximately $75,000‐$250,000 *In addition to approved path above
Cost to install lighting without carport replacement
Cost to Replace Carports to City code requirement
($223,622.24)
Estimated Costs to comply with State Bill 721

Item # 6.

Item # 6.

Item # 6.

Item # 6.

FREE RECORDING REQUESTED ) J.' . ~
P~JRSJANT TO GOVERNMENT CODE )
SECl'lON 27383 )
)
Recording requestedby and )
when.recorded.returnto: )
)

CALIFORNIAHOUSINGFINANCE )

AGENCY )
Office of General Counsel )
P.O. Box 4034 )
Sacramento, CA 95812-4034 )
(Space above this line for Recorder'suse)

CALIFORNIA HOUSING FINANCE AGENCY

REGULATORY AGREEMENT
CalHFA Development No. 02-027-N
This Regulatory Agreement (the "Agreement"), dated as of December 10, 2004 for informational purposes, is made and entered into by and between Oregon Investorsvrn Limited Partnership, an Oregon limited partnership (the "BorrowerLand the California Housing Finance Agency (the "Agency"),a public instrumentality and a political subdivisionof the State of Californiacreated by the Zenovich-Moscone-ChaconHousing and Home Finance Act (the "Act"), Division 31 of the CaliforniaHealth and Safety Code.

A. The Borrower is the owner of the real property described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and has applied to the Agency for a (the "Loan") to finance a multifamily rental housing development (the "Development") pursuant to the provisions of the Act, particularly those provisions contained in Chapter 6.7 of the Act (the "Law"). The Development includes the Property, all improvements constructed on the Property and all funds or property, of whatsoever kind or nature, committed to the Development.

B. The Agency has issued tax-exemptbonds ("Bonds") pursuant to the Code and the Law to provide the financing for the Development.

C. In order to assure the Agency and its bondholders that interest on the bonds sold to finance the Loan (the "Bonds") will be excluded from gross income for federal income tax purposes under Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and that the Bonds are "qualified bonds" within the meaning of Section 141 of the Code, and to be in compliance with the Code, and to satisfy the public purposes for CaIHFA.TEX.RA Cedar Park
12J8I2004.I'AB/mnm-#113704vIFlNAL

Item # 6.
which the Bonds are authorized to be issued under the Code, certain limits on the use and occupancy of the Development and certain other requirements need to be established.

As an inducement to the Agency to make the Loan, the Borrower has agreed to enter into this Agreement and has consented thereby to be and to have the Development regulated and restricted by the Agency as provided herein and in the Act and in the rules, regulations, policies and procedures of the Agency promulgated thereunder, and as amended from time to time.

NOW, THEREFORE, the parties hereto agree as follows:

1. This Agreement shall be effective as of the date of its execution and shall remain in full force and effect and shall apply to the Development until the latest of (i) the end of the Qualified Project Period, as defined below, (ii) payment in fun of the Loan, or (iii) forty (40) years.

2. In addition to the terms defined elsewhere in this Agreement, the following terms shall have the followingmeanings:
(a) "Closing Date" means the date on which the Note is delivered to or for the account of the Agency, and the Deed of Trust and this Agreement recorded in the official records of the County in which the Developmentis located.
(b) "Deed of Trust" means those certain deeds of trust entitled "California Housing Finance Agency Permanent Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, CalHFA Development No. 02-027-N (Permanent Financing)" and "California Housing Finance Agency Permanent Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, CalHFA Development No. 02-027- N (Bridge Financing)" which were executed by the Borrower, secure the Notes and this Agreement, and encumbers the Development. The term "Deed of Trust" may also include any other deed(s) of trust recorded against the Development which provide a security interest in such Development for the benefit of the Agency.

It is intended that this Agreement shall be recorded ahead of and have priority over the Deed of Trust. (c) "Distribution" means any withdrawal, taking or payment of any assets, earnings or income of the Development excluding payments for current Operating Expenses of the Development and repayment of OperatingExpense Loans.
(d) "Gross Income" means all rents, charges, rental subsidies, fees and any other income of the Development, and without limitation, such income derived from commercialfacilities of the Development, if any. (e) "Loan" means the Agency'sloan or loans to the Borrower as evidenced by the Note. (f) "Loan Documents" means this Agreement, the Note and Deed of Trust, as defined herein, and any other documentevidencing or securing the Loan.
(g) "Note" means collectively:
(1) that certain promissory note entitled "California Housing Finance Agency Promissory Note, CalHFA Development No. 02-027-N (Permanent Financing)" of the Borrower in the face amount of Five Million Six HundredThousand and No/IOODollars ($5,600,000.00); and CaIHFA.TEX.RA Cedar Park
12I8/2004.PAB/mnm-# 113704v IFINAL -2-

Item # 6.
(ii) that certain promissory note entitled "California Housing Finance Agency Promissory Note, CalHFA Development No. 02-027-N (Bridge Loan - Annual Fixed Payment)" of the Borrower in the face amount of Two Hundred Thousand and No/lOO Dollars ($200,000.00). _ (h) "Operating Expense" means all reasonable and proper expenses of the operation of the Development, including, but not limited to, debt service on subordinate debt approved by the Agency (as evidenced by the-Agency's final form CHFA 3), insurance, real estate taxes, ordinary maintenance and repair, costs of marketing, Development management fees, fuel, utilities, garbage disposal, sewer charges, audit expenses, all sums due or currently required to be paid under the terms of the Note or Deed of Trust, Agency required impound, reserve and escrow deposits, reasonable attorneys fees incurred in actions to terminate tenancies, and such other payments as the Agency may require or specifically approve in writing as Operating Expenses. In no event shall attorney fees or litigation costs other than as stated, nor expenditures normally required to be paid out of the Replacement Reserve, be treated as Operating Expenses unless specifically approved in writing by the Agency.

Nonrecurring expenses in excess of Five Thousand and No/IOO Dollars ($5,000.00) shall not be considered an approved Operating Expense unless specifically approved in writing by the Agency, which such approval shall not be unreasonably withheld.
(i) "Operating Expense Loan" means any loan by the Borrower or partner of the Borrower for the purpose of paying Operating Expenses of the Development. Operating Expense Loans may be repaid only with the approval of the Agency, which such approval shall not be unreasonably withheld and only after payment of, or the reservation funds for payment of, an Operating Expenses of the Development, including payments due under the Agency's Residual Receipts Loan, if applicable.

G) "Qualified Project Period" means a period beginning on the later of the date of this Agreement or the first day on which ten percent (10%) of the units in the Development are occupied, and ending on the latest of (i) the date which is fifteen (15) years after the later of the date of this Agreement or the first date thereafter on which fifty percent (50%) of the units in the Development are first occupied, (ii) the date on which no tax-exempt "private activity bond," within the meaning of Section 141 of the Code, issued with respect to the Development is outstanding, or (iii) the date on which any assistance provided with respect to the Development under Section 8 of the United States Housing Act of 1937, as amended, terminates. (k) "Qualified Tenants" means those tenants with special rights to occupy dwelling units the Development as defined in Section 4(a) of this Agreement. (1) "Residual Receipts" means that portion of Surplus Cash remaining at the end the fiscal year after payment to the Borrower of Agency-approved Distribution. (rn) "Surplus Cash" means the balance of Gross Income of the Development remaining at the end of each fiscal year after payment of Operating Expenses, Agency-approved Operating Expense Loans, and reservation of cash required to meet current thirty (30) day obligations. For the purpose of computing Surplus Cash, Gross Income of the Development shall include any rent insurance proceeds, but shall exclude fire or other insurance proceeds, condemnation proceeds, and any security deposit which shall not have become the property of the Borrower free of the claim of any person claiming as or through the tenant having made such deposit.

CaIHFA.TEX.RA Cedar Park
12J812004.PAB/mnm-#! 13704v1FlNAL -3- Page 139
Item # 6.
(n) "Sustaining Occupancy" is deemed to have been achieved when, for at least three (3) consecutive months, (i) at least ninety-five percent (95%) of the total number of units are occupied, and (ii) Gross Income equals or exceeds that projected on the mortgageapplicationapproved at final commitment.

3. Maintenance as Residential Rental Property. The Borrower shall not take any action, or permit any- action to be taken, which would result in the Development not being, or (except as expressly approved in writing by the Agency) in any proceeds of the Loan being used to provide other than, "residentialrental property" within the meaning of 26 U.S.C. Section L42(d)of the Code. To that end, the Borrowerrepresents, warrants and agrees that
(a) The Development is comprised of at least two dwelling units and facilities functionally related and subordinate to the dwelling units. The portion of the Development that constitutes residential rental property shall be determined in accordance with Treasury Regulation Section 1.103-8(b)(4) and shall consist of the residential units in the Development, all other property of the Development benefiting only such units and the allocable portion of the Property of the Development benefiting both such units and other portions of the Development, as provided by the Treasury Regulations. . (b) Each of the dwelling units in the Development shall be similarly constructed, and shall contain complete, separate and distinct facilities for living, sleeping, eating, cooking and sanitation for a single person or a family.
(c) Each of the dwelling units in the Development shall be availablefor rental to members of the general public. None of the dwelling units in the Development shall at any time be utilized on a transient basis, shall ever be leased or rented for a period of less than thirty (30) days, or shall ever be used other than for housing purposes. The Development shall not be used as a hotel, motel, dormitory, fraternityor sorority house, rooming house, hospital, nursing home, sanitarium, rest home, or trailer park or court for use on a transientbasis. (d) The Development consists of a parcel or parcels that are contiguous except for the interposition of a road, street or stream, and all of the Development'sfacilitiescomprisea single geographicallyand functionally integrated project for residential rental property, as evidenced by the common ownership, management, accountingand operation of the Development. (e) The Borrower shall not convert the Development to condominiumor other individual unit ownership during the term of this Agreement No part of the Development shall at anytime be owned or used by a cooperative housing corporation except in compliancewith the provisions of Section 143(k)(9)of the Code. (f) If the Development comprises fewer than five (5) dwelling units, the Borrower shall not occupy any dwelling unit in the Development.
(g) All of the amounts advanced for the Development from the proceeds of the Loan shall be used to provide amounts paid or incurred on or after May 12, 2002 (sixty (60) days prior to the Agency's declaration of official intent to issue bonds) which are chargeable to the residential rental portion of the Development's capital account or would be so chargeable either with a proper election by the Borrower (for example under Section 266 of the Code) or but for a proper election by the Borrower to deduct such amounts. If any portion of a Development was acquired from or constructed by a Related Person of the respective Borrower (whether as a general contractor or a subcontractor),such costs include only the actualout-of-pocketcosts incurred by such Related Person and not, for example, intercompany profits resulting from membersof an affiliated group CaIHFA.TEX.RA Cedar Park
I2IS/2004.PAB/mnm-#113704v IFINAL Page 140
Item # 6.
(within the meaning of Section 1504 of the Code) participating in the construction of such Development or payments received by such Related Person due to early completion of the Development (or any portion thereof).

No proceeds of the Bonds will be spent on (1) leasing commissions, costs of advertising for any Development, or other costs related to the rental of units in any Development, (2) management fees for the management and operation of any Development after the completion date, or (3) interest allocable to any unit for any period after such.unit is held available for rental. For purposes of this paragraph, "Related Person" shall mean a person with a relationship to a person such that (i) the relationship between such persons would result in a disallowance of losses under Section 26-7 or 707(b) of the Code or (ii) such persons are members of the same controlled group of corporations (as defined in Section lS63(a) of the Code, except that "more than 50 percent" shall be substituted for "at least 80 percent" each place it appears therein.
(h) On the basis. of the cost and economic life of each asset of the Development (under midpoint lives under the ADR System or guideline lives under Treasury Revenue Procedure 62-21, as the case may be), the weighted average estimated economic life of the Development exceeds the maturity of the Loan. (i) No more than twenty-four and nine-tenths percent (24.9%) of the proceeds of any Loan may be used (directly or indirectly) for the acquisition of land (or an interest therein). The Borrower shall expend Loan proceeds for eligible costs in such amount as may be necessary to comply with the preceding sentence. (j) The Borrower shall submit to the Secretary of the Treasury (at such time and in such manner as the Secretary shallprescribe) an annual certification as to whether the Development continues to meet the requirements of Section 142(d) of the Code.
(k) If loan proceeds are to be used for acquisition of an existing Development, an amount equal to at least fifteen percent (15%) of the acquisition cost of each building in the Development financed with proceeds of the Bonds shall be attributable to rehabilitation expenditures (as that term is defined in Section 147(d)(3) of the Code) with respect to such building which occupied within twenty-four (24) months after the later of the issuance of the Bonds or the date such building was acquired.
(1) If loan proceeds originally used to finance the Development are from qualified 501(c)(3) bonds, subsections (i) and (k) above are inapplicable, and the Borrower certifies the following:
(i) it has received an IRS determination that it qualifies as a 501 (c)(3) corporation; (ii) it will own and operate the Development in furtherance of its charitable purposes (as described in its application to the IRS for its 501 (c)(3) determination) and not for pecuniary benefit; (iii) the ownership and operation of the Development does not and will not in any respect or to any extent constitute an unrelated trade or business under Section S13(a) of the Code; and (iv) it will maintain its existence as, and conduct its operations so as, to maintain qualification as an organization described in Section SOl(c)(3) of the Code for the term of the Loan.

4. (a) For the term of this Agreement, at least twenty percent (20%) of the completed dwelling units in the Development shall be occupied or reserved for occupancy, on a continuous basis by individuals or CalHFA.TEX.RA Cedar Park
12J8I2004.PAB/mnm-#113704vIFINAL Page 141
Item # 6.
families whose income does not exceed fifty percent (50%) of area median income, as adjusted for family size pursuant to Section 142(d) of the Code, and who constitute very low income households within the meaning of Section 51335 of the Law (collectively, "Qualified Tenants"). In no event, shall the occupants of a unit be considered to be Qualified Tenants if all such occupants are students (as defined under Section 151(c)(4) of the Code), no one of whom is entitled to file a federaljoint return under Section 6013 of the Code. Units so occupied shall-be rented-at rents (including an allowance for utilities) which shall not exceed one-twelfth (l/12th) of thirty percent (30%) of fifty percent (50%) of area median income, as published by the Department of Housing and Community Development or U.S. Department of Housing and Urban Development, with adjustments for household size. The Agency shall from time to time make available to the Borrower schedules of and any changes in the dollar amounts of the rent and income limitations contained in this Section 4.

Except as provided in Subsection 4(b) below, a dwelling unit occupied by an individual or family who at the commencement of the occupancy qualifies as a Qualified Tenant shall be treated as occupied by a Qualified Tenant, even if such individual or family during their tenancy in such unit ceases to so qualify.

Moreover, if vacated, such unit shall be treated as occupied by a Qualified Tenant until reoccupied, other than for a temporary period, at which time the character of the unit shall be redetermined. In no event shall such temporary period exceed thirty-one (31) days.
(b) No resident of a dwelling unit in the Development shall be denied continued occupancy because, after admission, the resident's family income increases (or family size decreases)so as to cause the family income to exceed the maximum income level for a Qualified Tenant. However, if a resident's family income increases (or family size decreases) so as to cause the family income to exceed one hundred forty percent (140%) of the applicable income limit, the Borrower shall ensure that the percentage requirements of this Section shall continue to be met by providing the next available unit or units to Qualified Tenants or by taking other actions to satisfy the percentage requirements of this Section. In determining whether such percentage requirements have been achieved, such requirements shall b€ complied with on June 30 of each year after any dwelling units in the Development are occupied.
(c) On a form approved by the Agency, the Borrowershall obtain a third party certification of income from each prospective tenant of a dwelling unit designated for rental by a Qualified Tenant prior to admission to the Development. An annual certification shall also be obtained from each tenant of a dwelling unit designated for rental by a Qualified Tenant on or about June 30 of each year. Copiesof such certifications shall be sent to the Agency, shall be retained in the Borrower's files for a period of three (3) years and shall be available for inspectionby the Agency or its agentsupon request.
(d) On or before August 15th of each year the Borrower shall file with the Agency a report on a form approved by the Agency specifyingthe total number of dwelling units in the Development and the number of units occupied by Qualified Tenants as of June 30th of such year.

5. Agency Financing and Rental Requirements. In addition to the requirementsof Sections 3 and 4, the Borrower covenants that:
(a) Unless otherwise approved by the Agency, rental charges to Qualified Tenants shall include all utilities except telephone and cable television; provided however, that where the Agency approves direct payment of utilities (in addition to telephone) by such tenants, such rental charges shall be calculated as if the estimated expense of such utilities were to be paid by the Borrower, but the amounts actually collected from such tenants shall be decreased by the estimated expense of such utilities approved by the Agency.

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(b) The Borrower shall require every tenant in the Development to execute a lease in a form which may be subject to approval by the Agency and shall not lease any dwelling unit in the Development for less than thirty (30) days nor more than two (2) years. The form of lease shall provide for eviction procedures conforming to California law.
(c) The Borrower shall not discriminate against tenants or applicants who are recipients of federal rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, or any successor subsidy program.
(d) Utilization of the commercial facilities of the Development, if any, shall be compatible with the residential uses of the Development. Any commercial tenants, improvements and lease provisions must be approved by the Agency. The Agency shall have the right to require existing and future commercial tenants to enter into nondisturbance and attornment agreements on commercially reasonable terms. The Borrower and each commercial tenant agree to do any acts and execute any documents necessary to effectuate the Agency's rights in this regard.
(e) The Borrower agrees to make available any and all units of the Development for the purposes of physical inspection by Agency personnel upon prior notice and in accordance with Agency policies and procedures. In addition, Borrower shall require that its managing agent inspect each unit at least on an annual basis. .
(f) The Borrower shall not permit any be charged nor to accrue on any advances to the Development from the Borrower or any affiliate of the Borrower except upon the following conditions: (1) prior written notice of such advanceand terms thereof shall be given to the Agency; (2) interest shall be limited to the rate on the Note; (3) the amount of such advance shall be no greaterthan necessary to pay current expenses; and (4) such advances shall be repaid after payment of, or the reservation of funds for payment of, all Operating Expenses the Development and prior to any Distributions from the Development. Failure of any of these conditions shall render the party making the advance liable to refund and/or forfeit all interest paid or due and shall be an event of default pursuant to this Agreement.
(g) The dwelling units to be occupied by, or reserved for occupancy by, QualifiedTenants shall be of comparable quality to all other dwelling units, shall be dispersed throughoutthe Development, and shall be in size and type available in the same percentagesas the sizes and types all other dwelling units. (h) The Borrower represents and warrants that at all times its acts in connection with the Development have complied with and shall continue to comply with all applicableprovisions of federal, state and local laws, all applicableprovisionsof the Act, the rules, regulations, policiesand procedures of the Agencyand all agreements with the Agency and any other public entities concerning the Development as amended from time to time. The Borrower representsto the Agency that professional advice is availableto the Borrower for the purpose of enabling the Borrower to be aware of and to comply with said laws, policies, procedures and agreements. The Borrower agrees to indemnify the Agency against any loss incurred by the Agency as a result of the Borrower's failure to comply therewith.

Specifically, the Borrower acknowledges the existence of federal, state and local laws regarding handicapped accessibilityand the relocation of persons displaced by the Development. The Borrower agrees that the Borrower, and not the Agency,is responsible for complyingwith such laws.

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Item # 6.
(i) Throughout the term of this Agreement, the Borrower shall seek, and if offered, accept or renew, all Section 8 Housing Assistance Payment Contracts, vouchers or equivalent, based on subsidies at rent levels equal to, or higher than those existing at the Closing Date. All paymentsto Borrower pursuant to any such contract or contracts are hereby assignedto the Agency for the duration of this Agreement. Borrower hereby grants to the Agency a security interestin all such payments.

6. The Borrower shall establish and maintain the
following reserve and escrow accounts. Unless specified herein or approved by the Agency, in its sole discretion, such accounts (i) shall be established on or before the Closing Date, (ii) shall be funded with cash, (iii) shall be under the control of the Agency at all times, (iv) may be invested by the Agency provided that income earned on such funds (minus 1% per annum of the principal balance of the account,but only to the extent there are earnings, which may be retained by the Agency as an administrative fee) shall accrue to the account, (v) shall be used for the prescribed purposes, and (vi) shall have any remaining balance, upon the Agency's termination of the requirement for the particular reserve account, returned to the Borrower. Borrower agrees that any conveyance or transfer, voluntary or involuntary, of its interest in the Development shall have the effect of transferring to the successor-in-interest all of Borrower's interest in and all of its rights to, if any, the reserve and escrow funds without further act of the Borrower, and in refunding all or any part of the reserve and escrow funds, the Agency may deal with whoever is the record owner of the property at the time of termination. Borrower agrees that the Agency is granted a security interest in all required reserve and escrow funds which are intended to benefit the Development. Borrower herebyappoints the Agency, during the term of this Agreement, as its attorney-in-fact,to new owner of the Property or Development, or the Agency itself, as signatory of the reserve and escrow accounts, in the place of Borrower.
(a) Operating Expense Reserve. An Operating Expense Reserve (the "OER") shall be established and maintained from sources other than Gross Income in the amount of Seventy-NineThousand Five Hundred Ninety-Four and Nolloo Dollars ($79,594.00), until such time as two (2) full consecutive Development fiscal years have passed in which the audited annual financial statement acceptedby the Agency shows that Gross Income is sufficient to meet all Operating Expenses. The OER shall be funded on a one-time-only basis and, if drawn down, need not be replenished. The OER shall be used to fund any Operating Expenses not covered by Gross Income, the MA, or the RUA.
(b) Replacement Reserve. A Replacement Reserve (the "RR") shall be established and maintained until the termination of this Agreement. The RR shall be funded by deposits in the amount of Two Thousand One Hundred Ninety-ThreeDollars and seventy-fivecents ($2,193.75)per month, due on the first day of each and every month commencingwith the first payment due on the Note. The Agency may adjust, at any time, the amount of the monthly paymentsto be made into the RR as necessaryto, in its sole discretion, keep pace with increases in the costs of replacingstructural elements and equipment of the Development. The RR shall be used upon the Agency's written approvalto replace major structural elements or equipment of the Development or for any other purpose consistent with maintaining the financial and physical integrityof the Development. Borrower agrees to make arrangements for a physical needs assessment and an evaluation, by an independent party acceptable to the Agency of currentand future maintenance requirements of the Development. This physical needs assessment and maintenance evaluation shall occur upon the Agency's request and shall be forwarded to the Agency for review. The costs of such assessment and evaluation shall be an obligationof the Borrower.

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(c) Construction Defect Security. On or before the Closing Date, the Agency shall be provided with a cash deposit or letter of credit, as approved by the Agency (the "Construction Defect Security" or "CDS "), in the amount of One Hundred Fifty Thousand Thirty-Four and No/lOO Dollars ($150,034.00) (2.5% of the construction contract amount as of the date of completion) or such greater amount as may, in the sole discretion of the Agency, be necessary to adequately secure the Agency and Development against construction defects. The teI,1!l_:j;onstructiondefect" as used herein shall mean all construction related physical problems including but not limited to deviations from the approved final plans and specifications for the Development. Such CDS shall be kept in effect and ..one (1) year from the date of Permanent Loan Closing and may be used or set aside for the correction of construction defects or related damages which appear during such period and which are not corrected by the contractor or the Borrower within a reasonable time following the demand by the Agency for such correction. The date specified herein may be extended if payment of construction defect repairs will be paid after that date, of if there is an ongoing dispute regarding construction defects not yet repaired to the satisfaction of the Agency.
(f) Additional Escrows and Accounts. In addition to the OER, RR, and CDS, the Agency may, prior to the Closing Date, require the establishment and maintenance of other reserve and/or escrow accounts as necessary to create reserves which, in the sole discretion of the Agency, are necessary or proper to ensure the feasibility of the Development.

7. In the event of a default under this Agreement, or any of the other Loan Documents,the Agency in its sole discretion may apply or authorize the application of the funds in any of the accounts provided for in Section 6, to any amounts then due under this Agreement or the other Loan Documents, or use such funds for the continued operation of the Development provided, however, that if the default is cured, all funds shall be returnedto the appropriate account.

8. Non-Discrimination and Equal Opportunity. Occupancy of the Development shall be open to all regardless of race, sex, sexual orientation, marital status, familial status, age (except for senior citizen housing pursuant to California and Federal law), color, religion, disability, source of income, national origin or ancestry.

The Borrowershall require that its officers,agents, employees, management agent, contractors, subcontractors, and employees associated with the Development provide equal opportunity for employment and that they shall not engage in any unlawful discriminatory conduct. In addition, the Borrower agrees to conduct its own affirmative marketing programsas approved by the Agency.

9. (a) The Agency will, from time to time, revise the maximum rental limits applicable to dwelling units reserved for Qualified Tenants by a percentage equal to any percentage change in county median income. Until such time as the Agency mails a notice of such change of rent limits to the Borrower (or such change is posted on the Agency's website),the previously existing charges shall apply. (b) Upon receipt of new rental limit schedules, the Borrower may increase, and shall, if necessary, decrease the rental charges. Any increase in rental charges must comply with the terms of the lease as to the time and manner of such changes, provided that, no Qualified Tenant shall have a rent increase sooner than one (1) year after initial occupancy, and provided further, no Qualified Tenant shall have an annual rent increase in excess of the percentageincrease in the county median income for the applicable year in which the rent increase is being considered,nor shall there be an accumulationof rental increases from year-to-yearfor those years in which the Borrowerchoosesnot to increase rents by the percentage allowed herein.

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Item # 6.

10. Borrower set forth
In addition to, but not by way of limitation of, all other duties of the the Borrower shall comply with the following:
(a) Audit The Development and all equipment, buildings, plans, offices, apparatus, devices, books-contracts, records, documents and other papers relating thereto shall at all times be maintained in reasonable condition for proper audit and shall be subject to examination, inspection and copying at any reasonable time by the Agency or by.its authorized representative upon reasonable notice to Borrower. (b) Books and Records. The books and records of the Development shall be kept by the Borrower in accordance with the requirements of the Agency. (c) Financial Reporting.
(i) Within sixty (60) days following the end of each fiscal year of the Development, the Agency shall be furnished by the Borrower with a complete annual financial report on the Development based upon an examination of the books and records of the Development, prepared in accordance with the requirements of the Agency, and certified by the Borrower, and at the Borrower's expense, by an independent certified public accountant licensed in California and acceptable to the Agency. Each such financial report shall be subject to the approval of the Agency and when approved by the Agency shall be a "Development Financial Report" as referred to herein; .
(ii) Within twenty (20) days following the end of each month, the Agency shall be furnished by the Borrower with a complete monthly financial report. The monthly financial report must include a detailed accounting of, without limitation, all income and expenses, accounts receivable, accounts payable and disbursements received or made in the month reported.
(d) Furnishing Information. At the request of the Agency, the Borrower shall furnish such reports, financial statements, projections and analyses as may be required from time to time by the Agency and shall give specific answers to questions upon which information is desired relative to the income, expenses, assets, liabilities, contracts, operations and conditions of the Borrower and the Development. Borrower understands and agrees that the content of such reports, statements, projections, analyses and other information may be disclosed in any documentation prepared in connection with the issuance by the Agency of its Bonds and may otherwise be publicly disclosed in accordance with state and federal law. (e) Development Account.
(1) The Borrower shall establish an account (the "Development Account") with a depository, which is insured by the Federal Deposit Insurance Corporation ("FDIC") or by a successor in interest to FDIC into which all Gross Income of the Development shall be deposited when received. The Borrower or any person receiving funds and tenant security deposits of the Development other than as permitted by this Agreement shall immediately deposit such funds in the Development Account and failing to do so shall hold such funds in trust for the Development. The Borrower or any person receiving any property of the Development in violation of this Agreement shall immediately deliver such property to the Agency, and failing to do so shall hold such property in trust for the Development. Reserves, deposits, rents, charges, fees and any other deposits and/or income of the Development as used herein shall also include, without limitation, such income derived from commercial facilities of the Development, if any.

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(2) Agency shall have a first priority security interest in the Development Account, and Borrower hereby grants Agency a security interest in the Development Account. Immediately upon establishing the Development Account, Borrower shall notify the Agency of the identity of the depository, the branch where the account is established and the account number. The depository shall be required to execute a deposit account control agreement within the meaning of Article 9 of the California Uniform Commercial Code ("Control Agreement"), in a form acceptable to the Agency, to perfect the Agency's security interest in such account. Agency shall be entitled to exercise its rights under the Control Agreement upon Borrower's default, as determined by the Agency in its sole discretion, under the Loan Documents. However, the Agency shall not be obligated to give the Borrower the advance notice of default required by Section 16 of this Agreement prior to giving the depository the written "Notice of Exclusive Control" provided for in the Control Agreement. (3) Borrower may not transfer the Development Account to another depository without the prior written consent of the Agency, which consent, if granted in the agency's sole discretion, shall be conditioned upon the new depository executing a Control Agreement. (4) Disbursements from the Development Account shall be permitted only to administer security deposits and to pay Operating Expenses and permitted Distributions. (5) The Borrower shall maintain security deposits in accordance with applicable law. (f) Annual Operating Budget. The Borrower shall submit to Agency a proposed operating budget for the Development not later than sixty (60) days prior to the beginning of each fiscal year of the Development. The proposed operating budget shall set forth the anticipated Gross Income of the Development and a detailed estimate of all Operating Expenses thereof, which shall include an itemization of administration expenses, maintenance expenses, cost of utilities, hazard insurance, earthquake insurance, taxes and assessments, Loan principal and interest, deposits to all funds, reserves or accounts required by the Agency and/or established by the Borrower. The budget shall be in a form satisfactory to the Agency and shall otherwise be consistent with the requirements of this Agreement. Upon approval by the Agency, such proposed operating budget shall be the operating budget for the ensuing fiscal year.

11. Development Management.
(a) The Borrower shall provide for the management of the Development in a manner satisfactory to the Agency, shall employ a bonded and licensed management agent, develop a management plan, and use a management agreement acceptable to the Agency. A fidelity bond shall be maintained in an amount equal to one month's gross rent and shall insure the Borrower and the Agency against misapplication of Development Funds. AU management agreements shall include a copy of this Agreement, which shall be incorporated therein, and made a part of the contract. The management agreement shall be structured so that it is subject to termination with or without cause by the Borrower or the Agency, and without penalty, upon not less than thirty (30) days prior written to the management agent. Any liability associated with the termination of the management contract shall be the sole obligation of the Borrower. Upon notice of termination, the Borrower agrees to make immediate alternative arrangements, satisfactory to the Agency, for the continued management of the Development. In the event that the Borrower shall fail to make such alternative arrangements for a substitute managing agent within a reasonable time (which in no event shall exceed sixty (60) days from the date of the sending of the termination notice), the Agency shall have the unilateral right to make such alternative CalHFA.TEX.RA Cedar Park
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Item # 6.
arrangements. The amount of the management agent's compensation shall be subject to approval by the Agency, which shall not be unreasonably withheld.
(b) The Borrower shall require that a Resident Selection/Affirmative Fair Housing Marketing Plan ("Plan") be prepared and maintained in cooperation with the managing agent. This Plan shall be subject to the approval of the-Agency. Incarrying out this Plan, the Borrower/management agent shall:
(1) Lease no less .than twenty percent (20%) of the total units of all sizes and types to Qualified Tenants;
(2) Give preference to the applicants in the following order:
(i) persons displaced by:
a. natural disaster,
b. construction of this Development,
c. other public action,
d. other causes, provided that such displacement shall be certified in writing by a government agency, and
(ii) all other applicants; -
(3) Begin marketing of the Development at least ninety (90) days prior to the availability of the units for occupancy;
(4) Assure that all advertising, (including letterheads, brochures and media advertising, shall include "Equal Housing Opportunity" and the "handicapped" logo. Further, if advertisements contain human models, a mix of minority and non-minority models are to be used to reflect the open housing philosophy. No preference for any economic status or lifestyle shall be depicted; (5) Where a significant number of persons in the community have limited fluency in the English language, provide publications, information, brochures and leases in the native language of such persons; "Significant number of persons" is deemed to be at least twenty-five percent (25%); (6) Develop and maintain a policy and procedure for the selection and rejection of applicants, and a grievance and eviction policy and procedure for tenants of the Development; (7) Assure that tenant selection is carried out without favoritism or partiality and that no preference is given to any applicant other than as provided herein; (8) Give each tenant selected, at the time of acceptance, a written copy of the tenant eviction and grievance procedures for the Development and all amendments thereto; and CaIHFATEX.RA Cedar Park
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