Grass Valley City Council
November 12, 2024

Item # 13.

RESOLUTION 2024-76

hearing, accompanied by the property owner assessment ballot required by Article XIIID, section 4 of the California Constitution and Government Code section 53753.

5. The City Clerk has filed in the records of these assessment proceedings a certificate setting forth the time and manner of compliance with the requirements of law for mailing the notice of hearing and assessment ballots, and this City Council hereby finds and determines that the notice of hearing and the assessment ballots contained the information required by law and have been mailed in the time, form and manner required by law.

6. The public hearing was duly convened by this City Council at the time and place prescribed by the mailed notice of hearing, and this City Council heard from all interested persons desiring to be heard. Upon having heard from all such persons, the public hearing was closed, and the matter of opening and tabulating the assessment ballots received prior to the close of the public hearing was referred to the City Clerk.

7. The City Clerk has submitted a report respecting the tabulation of the assessment ballots received, and on the basis thereof this City Council finds and determines that the assessment ballots received in favor of the annexation and the levy of assessments exceed the assessment ballots received in opposition to the annexation and the levy of assessments, as weighted in proportion to the financial obligation of each parcel.

Accordingly, a majority protest has not been established, and this City Council wishes to proceed with annexation of the 234 parcels comprising the Loma Rica Ranch Annexation to AD No. 1988-2, and the levy of the assessments as recommended in the Engineer’s Report.

8. This City Council hereby finds and determines, and declares as follows:
a. The proposed services constituting the Project, as described in the Engineer’s Report, provide local and special benefit to the 234 parcels proposed to be assessed, and any general benefits provided by the Project are nominal. b. The assessments proposed to be levied do not exceed the special benefit derived by the parcels assessed.

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RESOLUTION 2024-76

c. The individual assessments have been determined in a fair and equitable manner so as to distribute the estimated costs and expenses of the Project in proportion to the estimated special benefits to be received by such parcels.

9. The City Council hereby orders the maintenance services constituting the Project, and orders the levy of an equal initial annual assessments of $684.02 to each of the 234 respective parcels for Fiscal Year 2025-2026, all as set forth in the Engineer’s Report.

10. The Finance Director of the City (the “Finance Director”), or duly authorized representative, is hereby authorized and directed to cause the preparation and submission to the Nevada County Auditor (the “County Auditor”) of the assessments to be levied for each Fiscal Year, beginning with Fiscal Year 2025-2026, for posting to the County’s property tax roll, such information to be submitted in such format as may be required by the County Auditor. The Finance Director is expressly authorized to retain services of a consultant to assist in preparation and submission of such information on a timely basis.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Grass Valley at a regular meeting thereof held on the 12th day of November 2024, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:
___________________________________
Jan Arbuckle, Mayor

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

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City of Grass Valley
Residential Landscaping and Lighting Assessment District No. 1988-2 (Zone VI – Loma Rica Ranch Annexation No. 2024-1)
Certificate of Mailing
The undersigned, Bjorn P. Jones, City Engineer for the City of Grass Valley, hereby certifies the following:

1. On October 15, 2024, the undersigned completed delivery of the following items:
a. copy of the two-page Notice of Public Hearing and Ballot Procedure; b. the Official Property Owner Assessment Ballot, with individual parcel information inserted.

2. A copy of the notice of hearing and a blank copy of the property owner assessment ballot are attached hereto.

3. The items listed in Paragraph 1 above were delivered to each of the property owners of the respective parcels.

Executed at Grass Valley, California, on November 7, 2024.

I declare under penalty of perjury that the foregoing is true and correct.

By:

Bjorn Jones
City Engineer
City of Grass Valley

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City of Grass Valley
Residential Landscaping and Lighting Assessment District No. 1988-2 (Zone VI – Loma Rica Annexation No. 2024-1)
Notice of Public Hearing and Ballot Procedure
Pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Sections 22500 and following, California Streets and Highways Code; hereafter referred to as the “1972 Act”) and California Government Code Section 53753, the City of Grass Valley (the “City”) hereby gives notice as follows:

1. At 6:00 p.m. (or as soon thereafter as circumstances permit) on November 12, 2024, in the Council Chambers at City Hall, 125 East Main Street, Grass Valley, California, the City Council will hold the public hearing respecting the City’s proposed annexation of a 234- lot subdivision, to be known as and to comprise “Zone VI – Loma Rica Ranch,” to the City’s existing Residential Landscaping and Lighting Assessment District No. 1988-2

2. The landscaping, irrigation and street light maintenance services which are the subject of proposed Zone VI – Loma Rica Ranch, including but not limited to the purchase of water and electrical power for the irrigation and to illuminate the street lights, together with a statement of the method of determining the proposed allocation of costs and expenses among the benefited parcels in proportion to the special benefit, are described in the Engineer’s Report (the “Engineer’s Report”) for AD No. 1988-2, which report is now on file with the City Clerk (the “Clerk”) at 125 East Main Street, Grass Valley, California, where said Engineer’s Report is available for examination by any interested person.

3. The total amount proposed to be assessed upon the 234 parcels within AD 1988-2 for Fiscal Year 2025-2026 is $160,060.68. Please see the assessment roll attached to the enclosed assessment ballot or ballots for the amount of the annual assessment for 2025-2026 proposed for your individual parcel or parcels. As set forth in the Engineer’s Report, the amount of the annual assessment for each year after 2025-2026 is subject to increase based upon the Consumer Price Indexes Pacific Cities and U.S. City Average as issued by the Untied States Department of Labor, Bureau of Labor Statistics.

4. The reason that an assessment is proposed for your parcel or parcels is that the Engineer’s Report recommends, and the City Council has determined, preliminarily, that each of the 234 parcels comprising the Loma Rica Ranch subdivision, of which your parcel or parcels are a part, are specially benefited by the proposed landscaping and street lighting maintenance services respecting the landscaping and street lights situated within AD No. 1988-2. The basis upon which the amount of the proposed assessments were calculated (equal amount to each of the 234 parcels) is described in Part D of the Engineer’s Report, which in summary states that each of the parcels will receive an equal amount of benefit.

5. For further particulars, you may refer to the Engineer’s Report, which is on file with the Clerk. Inquiries about the Engineer’s Report or the assessment proceedings will be answered by Bjorn Jones, City Engineer for the City of Grass Valley at (530) 274-4353.

6. Pursuant to Section 53753 of the California Government Code, the following procedure will be followed by the City Council to determine whether a “majority protest” exists at the close of the public hearing of protests. An “Official Property Owner Assessment

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Ballot” (the “Assessment Ballot”) has been enclosed with this notice for each parcel believed to be owned by you.

NOTE: The Official Property Owner Assessment Ballot is THE official assessment ballot for the parcel identified on the ballot! It is not a sample ballot. You will not receive any other or additional assessment ballot. In order to make this assessment ballot count in determining whether a “majority protest” exists, you must mark it [“Yes” or “No”], date it, sign it, and submit it to the Clerk no later than the close of the public hearing of protests. If for any reason an assessment ballot has not been received by the Clerk prior to the close of the public hearing of protests, it will not be considered.

7. After each Assessment Ballot has been marked “Yes” or “No”, dated and signed, it may returned to the. You may return all assessment ballots pertaining to parcels you own in the same envelope. Each Assessment Ballot may be used by the owner or owners of the parcel identified on the ballot to express either support for or opposition to the proposed assessment, but only one ballot may be submitted for each parcel. Please see the Assessment Ballot for instructions respecting the alternative methods for submitting Assessment Ballots either by mail or by personal delivery, either prior to or at the time of the public hearing of protests.

8. In accordance with Section 53753 of the California Government Code, each property owner who submits a ballot is requested to fold the ballot in half and to staple it shut at the top so as to conceal the contents of the ballot. In the event that any ballot is submitted without being sealed, the Clerk will seal it, using the procedure set forth in the foregoing sentence. Once sealed, the ballot is to remain sealed until the public hearing is closed and the ballots are opened to be tallied.

9. Immediately following the close of the public hearing of protests, whether on November 12 or on such date as the hearing may be continued to, the returned Assessment Ballots will be tabulated, both in support of and in opposition to the assessment, with the ballots being weighted in accordance with the amount of the proposed assessment, and the results will be announced; provided that, in the event the Clerk requires opportunity to determine whether any Assessment Ballot has been properly signed by an owner or authorized representative of an owner, the City Council reserves entitlement to continue the matter of announcing results to provide the Clerk with such opportunity.

10. In the event that Assessment Ballots in opposition exceed those in support, there will be a “majority protest”, and the City Council will be precluded from proceeding with the proposed assessment.

10. As indicated on the Assessment Ballot, in the event your name is set forth incorrectly on any enclosed ballot or in the event you are no longer the owner or authorized representative of the owner of each parcel represented by each enclosed ballot, please notify the Clerk’s office at (530) 274-4310.

DATED: October 15, 2024
Bjorn P. Jones, P.E. City Engineer
City of Grass Valley

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35

GVC Property 18, LLC
a California Limited Liability Company,
By:

By:_________________________________________
(Signature(s) must be notarized)

Item # 13.
31 WAIVER AND CONSENT
by owner of property proposed to be included in
Loma Rica Ranch Landscape & Lighting District – Zone VI regarding time limits and procedural requirements

1. Ownership. Landowner is the owner of the real property described in Exhibit “A”, attached hereto and incorporated herein by reference, Assessor’s Parcel Number 035-412- 012-000, 035-412-014-000 and 035-412-026 (the “Real Property”), which is proposed to be included in the Loma Rica Ranch Landscape & Lighting District – Zone VI.

2. Adequate Time. Landowner acknowledges the City of Grass Valley is considering formation of the Loma Rica Ranch Landscaping & Lighting Assessment District to provide additional services described in the Engineer’s Report dated June, 2024 (“Engineer’s Report”) attached as Exhibit “B”. Landowner has had sufficient time to consider and reflect the Landowner’s vote in this matter.

3. Consent to Formation and Assessment. Landowner hereby consents to the formation of the Loma Rica Ranch Landscaping & Lighting Assessment District and the imposition of the assessment (“Assessment”) described in the Engineer’s Report. This is intended to constitute a ballot submitted in favor of the Assessment, as required by Article XIII D of the California Constitution and Government Code section 53753.

4. Waiver of Time Limits. Landowner waives all time limits applicable to the formation of the Loma Rica Ranch Landscaping & Lighting Assessment District and imposition of the Assessment; including but not limited to, time limits provided under Landscaping and Lighting Act of 1972 (Sts. & Hy. §§ 22500 et. seq.), Proposition 218, and the Proposition 218 Omnibus Implementation Act (Gov. Code §§ 53750 et. seq.).

5. Waiver of Notice. Landowner waives all notice requirements with respect to the Assessment, whether published, mailed, or otherwise provided, and whether contained in the Government Code, Streets & Highways Code, or elsewhere.

6. Formation Process. Landowner waives any and all claims based on, and hereby consents to, any error, irregularity, or departure from the provisions of the Landscaping and Lighting Act of 1972, Proposition 218, or the Proposition 218 Omnibus Implementation Act, and any and all laws incorporated therein, in the formation process and acknowledges that the formation of the Loma Rica Ranch Landscaping & Lighting Assessment District is valid and shall not be affected by any such error, irregularity, or departure.

7. Successors. Landowner agrees that the waivers provided shall be binding upon Landowner and Landowner’s successors-in-interest and shall run with the land.

The person executing this Waiver and Consent on behalf of the Landowner hereby certifies that he or she is authorized to execute this document on behalf of that legal entity.

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City of Grass Valley
City Council
Agenda Action Sheet
Title: PG&E Rule 20A Project – Utility District Formation and Intra County Donation CEQA: N/A – Not A Project/ Administrative Action
Recommendation: That Council 1) hold a public hearing and consider public feedback on the formation of a new Underground Utility District on La Barr Meadows Road; 2) adopt Resolution 2024-75 establishing the La Barr Meadows Road Underground Utility District; 3) accept an Intra-County donation of $1.5million in PG&E Rule 20A funds from Nevada County; and 4) authorize the City Manager to sign a Memorandum of Understanding with Nevada County regarding the transfer of Rule 20A funds.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 11/12/2024 Date Prepared: 11/6/2024 Agenda: Public Hearing
Background Information: PG&E, in accordance with California Public Utilities Commission (CPUC) Electric Rule 20 and Telecommunication Rule 32, has established a Rule 20A Program that allocates credits to fund the conversion of overhead utility lines and facilities to underground. In order to establish an active Rule 20A project, the City must identify an undergrounding project that is in the public interest and pass a resolution forming an underground utility district. Rule 20A work credits historically accrued annually, which, once sufficient to fund the estimated project cost, can be utilized to initiate an Overhead to Underground Utility Conversion Project.

On July 9, 2024, the Council authorized the initiation of proceedings to establish a new “Active” Rule 20 undergrounding project on La Barr Meadows from just north of the McKnight Way intersection, south to the City limits near 12270 La Barr Meadows Road.

The undergrounding would have mutual benefits to the City and Nevada County in hardening electric facilities which ultimately serve the Nevada County Operations Center, as well as facilitating civic improvements such as bike lanes or paths, intersection improvements, roadway widening, and corridor safety along the recently annexed City portion of La Barr Meadows Road.

At their November 12, 2024, meeting, the Nevada County Board of Supervisors is expected to approve an Intra-County donation of $1.5 million in work credits to help fund the La Barr Meadows undergrounding project. Project costs will be determined as the La Barr Meadows undergrounding project is activated with PG&E but is estimated to be between $2.5 million and $3 million. As of March 27, 2024, the City of Grass Valley has accrued 915,823 Rule 20A Work Credits (Dollars), which, when combined with the

Item # 14.

Nevada County donation, would put full funding of the project within reach.

Attached is a district boundary map of the area identified for undergrounding. Affected property owners within the proposed undergrounding district have been notified and invited to attend this public hearing to discuss the district's formation. Staff recommends that the Council hold the public hearing, consider any public comment, and subsequently adopt Resolution 2024-75, establishing the La Barr Meadows Road Underground Utility District.

Staff also requests that the Council accept an Intra-County donation of $1.5 million in PG&E Rule 20A funds from Nevada County and authorize the City Manager to sign a Memorandum of Understanding with Nevada County regarding the transfer of those funds.

Council Goals/Objectives: Utilization of Rule 20A funding executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – City Infrastructure Investment
Fiscal Impact: Retains the City’s existing $915,823 in Rule 20A work credits and accepts an additional $1.5 million in work credits to be used on the La Barr Meadows Rule 20A Undergrounding Project.

Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
 Resolution 2024-75
 MOU with the County of Nevada
 Boundary Map

Item # 14.

RESOLUTION 2024-75

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

AUTHORIZING THE CREATION OF THE LA BARR MEADOWS ROAD

UNDERGROUNDING UTILITY DISTRICT
WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32, and
WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground, and
WHEREAS, the City of Grass Valley, has adopted an ordinance authorizing the City Council to designate areas within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, the City Engineer for the City of Grass Valley has consulted with the affected public utilities and such utilities have agreed that the proposed underground conversion district, designated the LA BARR MEADOWS ROAD Underground Utility District and more particularly described in Exhibit 1 attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC, to wit, that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic and that the street or road or right-of-way is an arterial street or major collector as defined by the California Road System functional classification system, and
WHEREAS, each year the City of Grass Valley is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations, and
WHEREAS, the City Engineer for City of Grass Valley has consulted with PG&E and determined that the City has accumulated Rule 20A work credits or PG&E has agreed that the City may borrow against future credits sufficient to complete the proposed overhead to underground conversion project, and

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RESOLUTION 2024-75
WHEREAS, the City of Grass Valley and the affected utilities have agreed by letter that each utility shall complete the engineering of their respective portion of the LA BARR MEADOWS ROAD Overhead to Underground Utility Conversion Project, and WHEREAS, the City of Grass Valley and the affected utilities have agreed by letter that PG&E shall be responsible for preparation of the trench profile and composite drawings and that PG&E shall be designated as “trench lead” to manage trenching, installation of substructures, and pavement restoration and such other work, and
WHEREAS, the City Engineer of the City of Grass Valley and the affected utilities have agreed on a work schedule which meets their respective capabilities and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project, and
WHEREAS, to the extent required, the City of Grass Valley has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities, and
WHEREAS, the City Council of the City of Grass Valley has now received the report from the City Engineer recommending that the area identified in Exhibit 1 should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, upon the recommendation of the City Engineer the City Council of the City of Grass Valley has determined that the proposed LA BARR MEADOWS ROAD Underground Utility District is categorically exempt from environmental review pursuant to the California Environmental Quality Act, and
WHEREAS, the City of Grass Valley has notified all affected property owners within the proposed LA BARR MEADOWS ROAD Underground Utility District and inviting same to attend a public hearing to discuss formation of the proposed district, and WHEREAS, the City Council of the City of Grass Valley held public hearings at which time the Council did receive and consider the recommendation of the City Engineer and did hear any and

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RESOLUTION 2024-75
all objections or protests that were raised by the owners of property within the above described district pertaining to designating this area an underground utility district; NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY of GRASS VALLEY as follows:

1. The public interest requires the removal of all existing utility poles [excepting those poles supporting streetlights, traffic signals or trolley lines], overhead wires and associated overhead structures and installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit 1, attached hereto, with such area being designated as the LA BARR MEADOWS ROAD Underground Utility District, and

2. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in LA BARR MEADOWS ROAD Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre-paid, of the schedule for conversion of all utility service lines, and

3. The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in LA BARR MEADOWS ROAD Underground Utility District a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City of Grass Valley, and

4. The electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the LA BARR MEADOWS ROAD Underground Utility District, and the City of Grass Valley shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served, and

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RESOLUTION 2024-75

5. That upon notification as specified in Section 2, all property owners in LA BARR MEADOWS ROAD Underground Utility District shall have underground electrical entrance facilities installed and inspected pursuant to the City of Grass Valley Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the Director of Public Works who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and

6. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in LA BARR MEADOWS ROAD Underground Utility District, within six months of conversion completion.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Grass Valley at a regular meeting thereof held on the 12th day of November 2024, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:
___________________________________
Jan Arbuckle, Mayor

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

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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into the 15th day of December 2024 (Effective Date), by and between the County of Nevada (COUNTY) and the City of Grass Valley (CITY). CITY and COUNTY are sometimes individually referred to herein as “Party,” and collectively as “Parties.”

RECITALS
A. Electric Utilities collect and allocate credits to communities to convert overhead electric facilities to underground electric facilities. These credits are commonly referred to as Rule 20A Credits. The amount of said funds allocated by Pacific Gas and Electric Company (PG&E) to COUNTY is hereafter referred to as the “COUNTY Allocation.”
B. CITY has identified a need for One Million Five Hundred Thousand Dollars ($1,500,000) in additional RULE 20A Credits for the LaBarr Meadows Road undergrounding project per the City of Grass Valley Underground District No. 7.

C. On December 9, 2024, the CITY Council authorized the CITY Manager to enter into this MOU with COUNTY to receive the transfer of Rule 20A Credits.

D. On November 12, 2024, the COUNTY Board of Supervisors authorized the COUNTY County Executive Officer to enter into this agreement with CITY for the transfer of accrued COUNTY Allocation to CITY.

E. It is for the public benefit and in the best interest of the public to transfer the Rule 20A credits from COUNTY to CITY.

AGREEMENT
NOW, THEREFORE, the Parties hereto agree as follows:

1. Assignment of Rights. COUNTY agrees to assign, for use by CITY, its rights and interests in One Million Five Hundred Thousand Dollars ($1,500,000) of the COUNTY Allocation to CITY, and CITY agrees to acquire, for mutual consideration, the COUNTY Allocation in accordance with the terms of this MOU.

This MOU shall be subject to the approval of the Parties.

2. Term.This MOU shall become effective upon December 15. 2024 and shall remain in effect until CITY no longer requires any Rule 20A credit transfers from COUNTY under this MOU..

3. Transfer and Assignment of County Allocation. Within ten (10) business days of COUNTY’s receipt of the fully executed agreement, COUNTY shall deliver a written request to PG&E, with a copy to CITY, making a formal request to transfer and assign $1,500,000 of the COUNTY Allocation to and for the benefit of CITY. COUNTY shall cooperate in good faith with CITY to provide any additional

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documentation or information that is reasonably requested by PG&E to complete the transfer. If PG&E is unable to complete the transfer, COUNTY shall incur no cost from CITY.

4. Representations. CITY acknowledges and agrees that it has conducted its own investigation as to the applicability and transferability of COUNTY Allocation for use in CITY projects. COUNTY has not made any representation or warranty to CITY with respect to same. The actual use of COUNTY Allocation by CITY shall be subject to the rules and procedures adopted by PG&E, the California Public Utilities Commission, and such other conditions or requirements as are set forth in the Public Utilities Code.

5. Indemnification. CITY shall indemnify, defend (with counsel reasonably acceptable to COUNTY), and hold harmless COUNTY, its elected officials, officers, employees, agents, contractors, and attorneys, from and against any and all demands, claims, actions, causes of action, damages, losses, liabilities, or expenses of any nature whatsoever, including those for reasonable attorney’s fees, arising from the use of COUNTY Allocation in connection with the construction of any CITY project. CITY’S indemnification of COUNTY from such claims and demands arising from the use of COUNTY Allocation shall apply regardless of the merit or outcome of any such claim or suit, and regardless of whether the nature of such claim or suit is administrative, judicial, or legislative.

6. Acknowledgement. CITY acknowledges that it has read Section 5, pertaining to CITY’S indemnification of COUNTY, and fully understands its terms. CITY acknowledges, knows, and understands that it is signing the MOU freely and voluntarily.

7. Termination for Breach. In the event that either Party is in breach of its obligations as set forth in this MOU, then the non-defaulting Party shall have the right to terminate this MOU on ten (10) business days’ written notice to the defaulting Party unless the default is cured within the notice period. Upon termination for breach, the non-defaulting Party may exercise any right or remedy which it may have under applicable law.

8. Notices. All notices to be given pursuant to this MOU shall be delivered in person, by registered or certified U.S. mail (return receipt requested), or by commercial overnight delivery and shall be effective upon receipt. Notice may further be given by electronic means, provided, however, that such notice shall not be deemed effective unless it is acknowledged in writing by the recipient of such notice. All notices shall be sent and addressed to the representative of the Party that signs this MOU on behalf of the Party.

9. Headings. Headings used in this MOU are for reference purposes only and shall not be considered in construing this MOU.

10. Authority to Enter MOU. Each person executing this MOU on behalf of the Parties represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of COUNTY or CITY, and that this MOU is binding on COUNTY and CITY in accordance with its terms and conditions.

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11. Binding Effect. This MOU shall inure to the benefit of and be binding upon the Parties hereto and their representative heirs, successors, and assigns.

12. No Assignment. No Party shall assign or transfer, by operation of law or otherwise, any or all its rights or obligations under this MOU without the prior written consent of the other Party and formal written modification.

13. No Third-Party Beneficiaries. Nothing contained in this MOU shall be construed to create any rights in third parties, and the Parties do not intend to create any such rights.

14. Modification. This MOU may be modified or amended only by a writing duly authorized and executed by COUNTY and CITY.

15. Governing Law and Venue. This MOU shall be governed and construed in accordance with the laws of the State of California, and any action brought relating to this MOU shall be adjudicated in a court of competent jurisdiction in the County of Nevada unless transferred by court order pursuant to Code of Civil Procedure section 394.

16. Compliance with Applicable Law. Each Party shall, at its own cost and expense, comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal, state, county, or municipal, whether now in force or hereinafter enacted.

17. Waiver. A waiver by either Party of any breach of any term, covenant, or conditions contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character, unless specifically stated in writing.

18. No Party Deemed to be Draftsperson. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the MOU or any other rule of construction which might otherwise apply.

19. Severability. If any term or portion of this MOU is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this MOU shall continue in full force and effect.

20. Attorney’s Fees. In the event of any dispute or legal action arising under this MOU, the prevailing Party shall not be entitled to attorney’s fees.

21. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

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22. Entire MOU. This MOU contains the entire agreement between CITY and COUNTY relating to the services, rights, obligations, and covenants contained herein and assumed by the Parties respectively.

Any prior or other agreements or representations between CITY and COUNTY regarding those matters are null and void unless expressly set forth in this MOU. No oral understanding or agreement not incorporated in the MOU is binding on any of the Parties.

IN WITNESS WHEREOF, CITY and COUNTY have executed this Memorandum of Understanding effective on the date and year first herein above set forth.

CITY OF GRASS VALLEY COUNTY OF NEVADA
125 East Main St. 950 Maidu Avenue
Grass Valley, CA 95945 Nevada City, CA 95959
By: _________________________ By: _________________________ Tim Kiser Alison Lehman
City Manager County Executive Officer
Date: ________________________ Date: ________________________ Attest:

By: _________________________ _________________________ Taylor Whittingslow Jeffery Thorsby
City Clerk Chief of Staff/Clerk of the Board
Approved as to form:

By: _________________________ By: _________________________ Legal Counsel to Grass Valley Katharine L. Elliott

COUNTY COUNSEL

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LA BARR MEADOWS RD UNDERGROUND UTILITY DISTRICT BOUNDARY MAP CITY OF GRASS VALLEY 125 E MAIN ST GRASS VALLEY, CA 95945 P: 530-274-4350 F: 530-274-4399 SHEET 1 OF 2 DRAWN BY: B. JONES PROJECT # 23-03 OCTOBER 2024 DWG # XXXX SCALE 1" = 400' PARCEL BOUNDARIES LEGEND UNDERGROUND DISTRICT BOUNDARY PARCEL IN UNDERGROUND DISTRICT CITY LIMIT Page 178 Item # 14.

LA BARR MEADOWS RD UNDERGROUND UTILITY DISTRICT BOUNDARY MAP CITY OF GRASS VALLEY 125 E MAIN ST GRASS VALLEY, CA 95945 P: 530-274-4350 F: 530-274-4399 SHEET 2 OF 2 DRAWN BY: B. JONES PROJECT # 23-03 OCTOBER 2024 DWG # XXXX SCALE 1" = 400' PARCEL BOUNDARIES LEGEND UNDERGROUND DISTRICT BOUNDARY PARCEL IN UNDERGROUND DISTRICT CITY LIMIT Page 179 Item # 14.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Update Municipal Code Section 8.16 Fire Control Regulations CEQA: Not a project
Recommendation: That Council: 1) introduce and adopt urgency ordinance 831 repealing Municipal Code Chapter – 8.16 Fire Control Regulations and replacing with new Municipal Code Chapter 8.16 Fire Control Regulations, waive the full reading and read by title only, 2) introduce ordinance 832 repealing Municipal Code Chapter – 8.16 Fire Control Regulations and replacing with new Municipal Code Chapter 8.16 Fire Control Regulations, waive the full reading and read by title only Prepared by: Mark Buttron -Fire Chief
Council Meeting Date: 11/12/2024 Date Prepared: 11/07/2024 Agenda: Administrative
Background Information: In August of 2017, the Council approved repealing Municipal Code Chapter 8.16, Fire Control Regulations and 8.36, Weed Abatement. These repealed chapters were replaced with updated Municipal Code Chapter 8.16, Fire Control Regulations. Based on our experience and observations over the years in implementing the code, the Fire Department believes the vegetation management process needs to be further amended to include defensible space surrounding a structure incorporating Zone 0, Zone 1, and Zone 2 and updating definitions. To align the City’s vegetation management/defensible space ordinance with known best practices under the full-time vegetation management program supported by Measure B—which includes Community Vegetation Management Assistance, Wildfire Preparedness Education, Green Waste Dropoff, and Defensible Space Inspections, an update to existing municipal code is necessary. To ensure the City’s vegetation management/defensible space ordinance appropriately addresses potential fire hazards, we recommend the following changes (not a complete list) Defensible Space Zones:
 Zone 0 (0-5 feet from structures): This zone would likely focus on eliminating combustible materials, managing plants, and maintaining hardscape to reduce fire risks immediately around structures.

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 Zone 1 (5-30 feet from structures): This could involve reducing vegetation density, trimming trees, and creating fuel breaks to minimize the chance of fire spreading.
 Zone 2 (30-100 feet from structures): Emphasizes more extensive thinning of vegetation, pruning of large trees, and ensuring that ground cover is sparse enough to limit fire progression.

Updated Definitions: Modern fire safety practices have evolved, and definitions in the ordinance should reflect new understanding, such as what constitutes a "combustible material," "parcel," or "refuse pile."
Sale or Transfer of Property: In accordance with Civ. Code, § 1102.19, as it may be amended from time to time, a seller shall, before the close of escrow on the sale of any parcel within the City, provide to the buyer documentation from the Fire Code Official stating that the parcel is currently in compliance with local vegetation management requirements. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the parcel. If the seller of a parcel has not obtained documentation of compliance in accordance herewith, the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance.

Staff recommends this amendment to the municipal code be adopted as an urgency ordinance. The urgency ordinance may be introduced and adopted at a single meeting and becomes effective immediately if adopted by a 4/5 vote. The standard ordinance is identical to the urgency ordinance but does not contain the specific findings of urgency. To make these amendments permanent without needing to defend urgency findings indefinitely, staff recommends that Council simultaneously consider a standard ordinance, adopted after first and second readings, which will take effect 30 days after adoption. Upon becoming effective, the ordinance will repeal the urgency ordinance.

This is the City Attorney’s standard procedure with respect to urgency ordinances that address long-term issues.

Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: None Funds Available: N/A Account #: N/A Reviewed by: City Manager
Attachments: 1) Grass Valley Municipal Code Section 8.16 2) Grass Valley Fire Department Defensible Space
Requirements Handout
3) Urgency Ordinance No. 831 Amending Grass Valley Municipal Code Section 8.16
1) Non-Urgency Ordinance No. 832 Amending Grass Valley
Municipal Code Section 8.16

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EXHIBIT A
Chapter 8.16 – FIRE CONTROL REGULATIONS
ARTICLE II – FIRE REGULATIONS

8.16.200 – Definitions
As used in this Article, the following definitions shall apply:
“Approved Warming Device” means a portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens. “Combustible material” means rubbish, litter, or material of any kind other than hazardous vegetation, that is combustible and endangers the public safety by creating a fire hazard as determined by the Fire Code Official.
“Defensible space” means (i) for improved parcels, the areas, including Zone 0, Zone 1, and Zone 2, extending 100 feet from any structure, but not beyond a parcel’s property line; and (ii) for unimproved parcels, the areas extending 30 to 100 feet inward from the parcel’s property line or abutting public right-of-way or fire apparatus access road, as applicable. “Fireworks” and “safe and sane fireworks” have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.
“Fire apparatus access road” means a road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is a general term that includes, but is not limited to, a fire lane, public street, public right of way, private street, driveway, parking lot lane, or access road.
“Fire Code Official” means the Fire Chief of their duly authorized representative(s). “Fire hazard” means any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or that may obstruct, delay, or hinder, or may become the cause of obstruction, delay, or hindrance, to the prevention, suppression, or extinguishment of fire.
“Fire season” means the first day of May through the thirty-first day of December. “Ladder fuel” means fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.
“Hazardous vegetation” means vegetation that is combustible and endangers the public safety by creating a fire hazard, including but not limited to bark, mulch, seasonal and recurrent grasses,

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weeds, stubble, non-irrigated brush, dry leaves, dry needles, dead, dying, and diseased trees, or any other vegetation identified by the Fire Code Official. “Local Responsibility Area” means an area of the state that is not a State Responsibility Area or federal property, and where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the city, town, county, city and county, district, or other local public agency.
“Outbuilding” means buildings that are less than 120 square feet in size and are not used for human habitation, and buildings with a roof but no walls.
“Parcel” means a portion of real property of any size which may be identified by an Assessor's Parcel Number, the area of which is determined by the legal lot of record. An “improved parcel” means a parcel containing a structure. An “unimproved parcel” means a parcel that does not contain a structure.
"Refuse piles” means accumulations of flammable vegetation and/or combustible materials, rubbish and/or scrap materials, including, but not limited to, wastepaper, wood, straw/hay, litter, or other flammable or combustible waste.
“State Responsibility Area” means an area of the state identified by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the state. “Structure” means a building that has walls and a roof and an area of 120 square feet or greater. “Zone 0” means the area extending from 0 to 5 feet from any structure, attached deck, or outbuilding on a parcel, referred to as the “Ember-Resistant Zone” or “Home Ignition Zone.” Zone 0 requires the most stringent wildfire fuel reduction. This Zone is designed to ensure that fire or embers from igniting materials cannot spread to the structure. “Zone 1” means the area extending from 5 to 30 feet from any structure or attached deck, or from 5 feet from the structure or attached deck to the parcel’s property line, whichever is closer. This Zone is referred to as the “Lean, Clean, and Green Zone.” “Zone 2” means the area extending from 30 to 100 feet from any structure or attached deck, or from 30 feet from the structure or attached deck to the parcel’s property line, whichever is closer.

This Zone is referred to as the “Reduced Fuel Zone.”

8.16.220 – Fuel Mitigation Requirements

1. Prohibition. No person who has any ownership or possessory interest in or control of a Parcel within the City shall allow to exist thereon any hazardous vegetation or combustible material that constitutes a fire hazard as determined by the Fire Code Official.

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2. Defensible Space for Structures and Attached Decks. All persons who have any ownership or possessory interest in or control of any parcel within the City shall maintain defensible space adjacent to all structures and attached decks on the parcel as follows:

A. Zone 0.
i. Maintain all ground areas within 2 feet of any structure or attached deck free of combustible ground cover, including combustible mulch and bark. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.
i. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used a ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire.
ii. All native and nonnative plant species within 2 feet of a structure or attached deck must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure or attached deck as determined by the Fire Code Official.
iv. Annual grasses, which are not permitted within 2 feet of a structure or attached deck must be removed or cut to less than 4 inches no later than May 1 st of each year and
throughout the fire season.
v. Maintain 6 feet of vertical clearance between branches and all other parts of trees overhanging the roof or other portion of any structure or attached deck. vi. Maintain any tree, shrub, or other plant adjacent to or overhanging any structure or attached deck free of branches, dead limbs, or other combustible material. vii. Maintain the roof and roof gutters of any structure, and the surface of any attached deck free of leaves, needles, hazardous vegetation, and combustible materials. viii. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
ix. Remove all branches within 10 feet of any chimney or stovepipe outlet. x. Storage of firewood, lumber, or other combustible material is not permitted. xi. Non-irrigated brush is not permitted.

B. Zone 1.
i. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure as determined by the Fire Code Official. ii. Annual grasses must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
iii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
v. Non-irrigated brush is not permitted.

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vi. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any structure.
vii. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
viii. Liquid Propane Gas (LPG) storage tanks, outbuildings, firewood, lumber, and other combustible material shall be surrounded by 10 feet of bare mineral soil and no hazardous vegetation is permitted within 20 feet of LPG storage tanks, outbuildings, firewood, lumber, or other combustible Material.

C. Zone 2.
i. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure as determined by the Fire Code Official. ii. Annual grasses must be removed or cut to less than 4 inches no later than May 1 st
of each year and throughout the fire season.
iii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground.
v. Non-irrigated brush is not permitted.
vi. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any Structure.
vii. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
viii. Any structure or covering over a pile of lumber or firewood must be constructed or made of fire-resistant material.
ix. Liquid Propane Gas (LPG) storage tanks, outbuildings, firewood, lumber, and other combustible material shall be surrounded by 10 feet of bare mineral soil and no hazardous vegetation is permitted within 20 feet of LPG storage tanks, outbuildings, firewood, lumber, or other combustible material.

D. Defensible Space for Outbuildings. Any and all persons who have any ownership or possessory interest in or control of any parcel within the City shall comply with the Zone 0 Defensible Space requirements set forth herein with respect to any outbuildings on the parcel that are within 100 feet of a structure or attached deck on the parcel.

3. Roadside Vegetation. All persons who have any ownership or possessory interest in or control of any parcel within the City that abuts a fire apparatus access road shall:

A. Remove all hazardous vegetation that is within 3 feet, measured horizontally, from the paved edge of the fire apparatus access road.

B. Ensure that all portions of any tree overhanging a fire apparatus access road has at least 15 feet, measured vertically, of clearance from the roadway surface.

4. Unimproved Parcels: Any and all persons who have any ownership or possessory interest in or control of any unimproved parcel within the City shall maintain unimproved parcels as follows:

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A. Less Than One Acre:
i. The entire parcel shall be mowed and/or cleared so that hazardous vegetation does not exceed four inches in height above mineral soil by no later than May 1st of each year and throughout the fire season.
ii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iii. The entire parcel shall be free of refuse piles.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
v. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City prior to removal.
vi. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

B. One to Five Acres:
i. A 30 foot area of defensible space shall be maintained around the boundary of the parcel in compliance with the following standards:
i. Groundcover.

1. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.

2. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches. All other combustible ground cover is prohibited.

3. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used as ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire. ii. All native and nonnative plant species must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited as determined by the Fire Code Official.
iv. Annual grasses must be removed or cut to less than 4 inches by no later than May 1st of each year and throughout the fire season.
v. Maintain any tree, shrub, or other plant free of branches, dead limbs, or other combustible material.
vi. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
vii. Storage of firewood, lumber, or other combustible material is not permitted. viii. Non-irrigated brush is not permitted.
ii. The 30 foot area of defensible space shall be measured inward from the parcel’s property line or abutting public right-of-way, as applicable. Where a vacant parcel

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abuts or contains a right-of-way or fire apparatus access road, the 30 foot area of defensible space shall be maintained from the edge of any sidewalk or, if there is no sidewalk, the street line.
iii. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

C. Greater than Five Acres:
i. A 100 foot area of defensible space shall be maintained around the entire parcel in compliance with the following standards:
i. Groundcover.

1. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.

2. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches. All other combustible ground cover is prohibited.

3. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used as ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire ii. All native and nonnative plant species must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited as determined by the Fire Code Official.
iv. Annual grasses must be removed or cut to less than 4 inches by no later than May 1st of each year and throughout the fire season. v. Maintain any tree, shrub, or other plant free of branches, dead limbs, or other combustible material.
vi. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels. vii. Storage of firewood, lumber, or other combustible material is not permitted.
viii. Non-irrigated brush is not permitted.
ii. The 100 foot area of defensible space shall be measured inward from the parcel’s property line or abutting public right-of-way, as applicable. Where a vacant parcel abuts or contains a right-of-way or fire apparatus access road, the 100 foot area of defensible space shall be maintained from the edge of any sidewalk or, if there is no sidewalk, the street line.
iii. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

5. Additional Management. The Fire Code Official may mandate additional fuels management of an area more or less than the above-referenced widths or height on a parcel and all sidewalks and roadways on or immediately adjacent thereto for the protection of public health, safety or

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welfare or the environment if the Fire Code Official finds that the additional fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a structure, and there is no other feasible mitigation measure to reduce the risk of ignition or spread of wildfire to a structure on a parcel. The Fire Code Official shall determine appropriate defensible space distances based upon a visual inspection of the parcel and shall consider all factors that place the structure(s) on the parcel at risk from an approaching fire. These factors shall include, but are not limited to, local weather conditions, fuel type(s), topography, and the environment of the parcel or the structure(s).

6. Conflicting Requirements. If any portion of any parcel is subject to overlapping or conflicting local, state, or federal, requirements, the more restrictive requirements, as determined by the Fire Code Official, shall apply.

7. Modifications. Compliance with the fuel mitigation requirements of this Article shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to comply with the fuel mitigation requirements, the person who owns, leases, or controls the parcel(s) shall request that the Fire Code Official grant a modification of the requirements. The Fire Code Official shall have the authority to grant modifications for individual cases, provided that the Fire Code Official shall first make written findings that special individual reasons make the strict letter of this Article impractical and that the modification is in compliance with the intent and purpose of this Article.

8.16.230 – Sale or Transfer of Property
In accordance with Civ. Code, § 1102.19, as it may be amended from time to time, a seller shall, before the close of escrow on the sale of any parcel within the City, provide to the buyer documentation from the Fire Code Official stating that the parcel is currently in compliance with local vegetation management requirements. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the parcel. If the seller of a parcel has not obtained documentation of compliance in accordance herewith, the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance.

8.16.240 – Open Burning
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Grass Valley. This prohibition is not intended to prohibit fires in approved warming device in accordance with Section 8.16.260, or devices used for cooking such as barbeques that are located on property that the individual using such device has legal authority to occupy, including but not limited to City-provided fire pits or barbeques in parks and other public areas.

8.16.250 – Authorized Burning

1. Training Burns. Fire Department training burns may be permitted with the prior written approval of the Fire Code Official or an authorized representative and Northern Sierra Air Quality Management District.

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2. Special Permits. The Fire Code Official may issue special permits to authorize burning for the health and safety of the public, professional entertainment purposes, or ceremonial purposes.

8.16.260 – Fire Protection Requirements
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:

1. During use/operation an area within 10 feet of the device shall be free and clear of hazardous vegetation and/or combustible materials.

2. Responsible person, 18 years of age or older, in attendance with shovel until fire is dead out.

3. Water hose connected to an operational water supply shall be present at use/operation site.

4. Operation site shall be within 250’ of an operational fire hydrant.

5. Operation site shall be within 150’ of a California Fire Code compliant fire apparatus access road.

8.16.270 – Fireworks Prohibitions
The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this Article.

8.16.280 – Fireworks Exceptions

1. Nothing in this Article shall be construed as prohibiting the sale, use, or discharge of any of the following: torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.

2. Public displays of fireworks may be conducted by permit granted pursuant to section 982 of Title 19 of the California Code of Regulations.

8.16.290 – Authority to Inspect
Whenever the Fire Code Official has cause to believe that there exists, or may exist, in or upon any parcel any condition that constitutes a violation of this Article, the Fire Code Official may, with the permission of the parcel’s owner, enter such parcel at all reasonable times to inspect the parcel related to enforcement of this Article. If an owner refuses to allow the Fire Code Official to enter, the Fire Code Official may seek assistance from any court of competent jurisdiction in obtaining such entry pursuant to California Code of Civil Procedure sections 1822.50–1822.60.

8.16.300 – Authority to Inspect Property and Request Records

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Whenever the Fire Code Official has reasonable cause to believe that there exists or may exist on any parcel any condition which constitutes a violation of this Article, the Fire Code Official is empowered to request a person having an ownership or possessory interest in the parcel to provide records, such as but not limited to, site plans, connection agreements, operations and maintenance records, documentation of waste disposal, etc., as necessary to determine compliance with this Article.

8.16.310 – Enforcement and Administration
Any person having an ownership or possessory interest in a parcel that is in non-compliance with this Article shall be subject to administrative, civil, or criminal liability as provided in this Code.

When relying on this Article, the City shall adhere to all procedures set forth in Chapters 1.10 through 1.15 of this Code, including, but not limited to the procedures for notice, service requirements, hearings, appeals, citations and fines.

8.16.320 – Public Nuisance Abatement
Violation of any provision of this Article is hereby declared to be a public nuisance. The Fire Code Official may, in addition to other authorized procedures set forth in this Article, take action to abate such public nuisance pursuant to Chapters 9.28 and 1.10 through 1.15 of this Code.

8.16.330 – Civil Actions
In addition to any other remedies provided in this Article, any violation of this Article may be enforced by civil action brought in the name of the City. In any such action, the City may seek, as appropriate and allowed by law, one or more of the following remedies:

1. A temporary restraining order, preliminary, or permanent injunction;

2. Reimbursement of costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;

3. Abatement Costs include those incurred in removing, correcting, or terminating the adverse effect(s) of a violation;

4. Compensatory damages for loss or destruction of City property. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with enforcing this Article.

8.16.340 – Criminal Actions
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor punishable under Chapter 1.12 of this Code, unless the prosecutor determines the interests of justice are served by prosecuting it as an infraction. Each separate day or any portion thereof during

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which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.

8.16.350 – Non-Exclusive Remedies
Every remedy available for the enforcement of this Article shall be non-exclusive, and it shall be within the discretion of the City to seek cumulative remedies. Moreover, the remedies available to the City pursuant to this Article shall not limit the right of the City to seek any other remedy that may be available at law or in equity.

8.16.360 – Authority to Promulgate Reasonable Rules and Regulations The City Manager is authorized to adopt reasonable rules, regulations, and procedures consistent with this Article to enforce, interpret, and carry out this Article. Such rules, regulations and procedures may vary between different areas within the City.

8.16.370 – No Duty to Enforce
Nothing in this Article shall be construed as imposing on the Fire Code Official or the City any duty to issue a Notice to Abate, nor to abate any hazardous vegetation or combustible material, nor to take any other action with regard to any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks. Neither the Fire Code Official nor the City shall be held liable for failure to issue a Notice to Abate any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks, nor for failure to abate any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks, nor for failure to take any other action with regard to any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks.

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Grass Valley Fire Department | 125 E. Main St. Grass Valley, CA 95945 | 530.274.4380

GRASS VALLEY FIRE DEPARTMENT
All requirements shall be maintained year-round, with the exception of cutting grasses and weeds to a height of 4 inches or less no later than May 1 of every year.

ZONE 0. The Ember Resistant Zone or Home Ignition Zone extends from 0 to 5 feet from any structure, attached deck, or outbuilding on the parcel. Zone 0 requires the most stringent wildfire fuel reduction. This Zone is designed to prevent fire or embers from igniting materials that can spread to the structure.

ZONE 1. The Lean, Clean, and Green Zone extends from 5 feet to 30 feet from any structure or attached deck.

ZONE 2. The Reduced Fuel Zone extends from 30 feet to 100 feet from any structure or attached deck.

UNIMPROVED PARCELS
PARCELS OF 1 ACRE OR LESS: Require the entire parcel to be mowed/cleared no vegetation/grasses above 4 inches.

PARCELS 1 TO 5 ACRE: A 30 foot defensible space zone shall be created and maintained around the entire perimeter of a parcel.

PARCELS GREATER THAN 5 ACRES: A 100 foot defensible space zone shall be created and maintained around the entire perimeter of a parcel.

All property owners are required to comply with defensible space requirements.

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Grass Valley Fire Department | 125 E. Main St. Grass Valley, CA 95945 | 530.274.4380 ZONE 0: (0-5 feet)
• Remove all combustible ground cover, such as mulch and bark, within 2 feet of all structures. • Create a 1-foot vertical clearance from foliage to ground for any plants within 2 feet of the structure. • Remove ALL dead or dying trees and/or rubbish.
• Remove ALL non-irrigated brush.
• Remove or cut grasses and weeds to a height of less than 4 inches or less. **Must be cut no later than May 1 of every year.
• Remove all tree branches that are within 6 vertical feet of the roof. • Trim trees to create 10 feet of clearance from the chimney outlet. • Remove ALL dead or combustible material from trees or any other plantings. • Remove all material, such as branches, leaves, and needles, from the roof and gutters. This needs to be redone on a periodic basis.
• Trim trees to create 6 feet of vertical spacing between branches or foliage and ground.

ZONE 1: (5-30 feet)
• Remove ALL dead or dying trees and/or rubbish.
• Remove or cut grasses and weeds to a height of less than 4 inches or less. **Must be cut no later than May 1 of every year.
• Trim trees to create 6 feet of vertical spacing between branches or foliage and ground. • Remove ALL non-irrigated brush.
• Maintain 10 feet of bare mineral soil around Liquid Propane Gas (LPG) storage tanks, firewood, lumber, or other Combustible Material.

ZONE 2: (30-100 feet)
• Remove ALL dead or dying trees and/or rubbish.
• Remove or cut grasses and weeds to a height of less than 4 inches or less. **Must be cut no later than May 1 of every year.
• Trim trees to create 6 feet of vertical spacing between branches or foliage and ground. • Remove ALL non-irrigated brush.
• Coverings over a pile of lumber or firewood must be constructed or made of fire-resistant material. • Maintain 10 feet of bare mineral soil around liquid propane gas (LPG) storage tanks, firewood, lumber, or other combustible material.
**Annual Grasses and Weeds must be cut to 4 inches or less no later than May 1 of every year.

ROADSIDE VEGETATION
• Maintain tree foliage, branches, and trunks to provide a minimum 15-foot vertical clearance above the entire roadway or driveway.
• Remove any hazardous vegetation located within 3 horizontal feet of the roadway.

THESE REQUIREMENTS ARE TO BE COMPLETED AND MAINTAINED YEAR-ROUND**

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1 URGENCY ORDINANCE NO. 831

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF GRASS VALLEY TEMPORARILY

REPEALING AND REPLACING ARTICLE II
(“MISCELLANEOUS FIRE CONTROL REGULATIONS”),
ARTICLE III (“PROHIBITIONS”), ARTICLE IV
(“FIREWORKS”), AND ARTICLE V (“VIOLATIONS –
PENALTY”) OF CHAPTER 8.16 OF THE GRASS

VALLEY MUNICIPAL CODE REGARDING FIRE

CONTROL REGULATIONS
Be it ordained by the Council of the City of Grass Valley:

SECTION 1. CODE AMENDMENT. Articles II, III, IV, and V of Chapter 8.16 of Title 8 of the Grass Valley Municipal Code are hereby repealed and replaced as set forth in Exhibit A attached to this Ordinance and incorporated by such reference.

SECTION 2. URGENCY FINDINGS. The Council finds that unless it adopts this Ordinance to take urgent action, the Grass Valley Fire Department will lack the enforcement provisions it requires to protect against severe fire hazards caused by open burning and the widespread accumulation of combustible and flammable materials in the City limits. This Urgency Ordinance is necessary to immediately preserve the public peace, health, and safety.

SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA)’ and has been determined to be not a Project under section 15378(b)(5) (Organizational or Administrative Activities) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a Project subject to CEQA, it is categorically exempt pursuant to sections 15061(b)(3) (Common Sense Exemption), 15304 (Minor Alterations to Land), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the CEQA Guidelines.

SECTION 4. INCONSISTENCIES. Any provision of the Grass Valley Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Item # 15.
2 SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 6. EFFECT OF AMENDMENTS. It is the intent of the City Council of the City of Grass Valley that the Grass Valley Municipal Code sections affected by this Ordinance shall not be considered repealed and reenacted in their amended form; that the portions which are not altered are to be considered as having been the law from the time when they were enacted; that the new provisions are to be considered as having been enacted at the time of the amendment; and that the omitted portions are to be considered as having been repealed at the time of the amendment.

SECTION 7. EFFECTIVE DATE. This Urgency Ordinance is adopted by 4/5th vote of the City Council and shall be in full force and effect immediately after its adoption pursuant to Article VII, § 2 (c) of the Grass Valley City Charter.

SECTION 8. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.

PASSED AND ADOPTED by the City Council was at a meeting held on the 12 day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
___________________________
Jan Arbuckle, Mayor

Item # 15.
3 ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Taylor Whittingslow, City Clerk Michael G. Colantuono, City Attorney

Item # 15.
4 EXHIBIT A
Chapter 8.16 – FIRE CONTROL REGULATIONS
ARTICLE II – FIRE REGULATIONS

8.16.200 – Definitions
As used in this Article, the following definitions shall apply:
“Approved Warming Device” means a portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens. “Combustible material” means rubbish, litter, or material of any kind other than hazardous vegetation, that is combustible and endangers the public safety by creating a fire hazard as determined by the Fire Code Official.
“Defensible space” means (i) for improved parcels, the areas, including Zone 0, Zone 1, and Zone 2, extending 100 feet from any structure, but not beyond a parcel’s property line; and (ii) for unimproved parcels, the areas extending 30 to 100 feet inward from the parcel’s property line or abutting public right-of-way or fire apparatus access road, as applicable. “Fireworks” and “safe and sane fireworks” have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.
“Fire apparatus access road” means a road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is a general term that includes, but is not limited to, a fire lane, public street, public right of way, private street, driveway, parking lot lane, or access road.
“Fire Code Official” means the Fire Chief of their duly authorized representative(s). “Fire hazard” means any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or that may obstruct, delay, or hinder, or may become the cause of obstruction, delay, or hindrance, to the prevention, suppression, or extinguishment of fire.
“Fire season” means the first day of May through the thirty-first day of December. “Ladder fuel” means fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Item # 15.
5 “Hazardous vegetation” means vegetation that is combustible and endangers the public safety by creating a fire hazard, including but not limited to bark, mulch, seasonal and recurrent grasses, weeds, stubble, non-irrigated brush, dry leaves, dry needles, dead, dying, and diseased trees, or any other vegetation identified by the Fire Code Official. “Local Responsibility Area” means an area of the state that is not a State Responsibility Area or federal property, and where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the city, town, county, city and county, district, or other local public agency.
“Outbuilding” means buildings that are less than 120 square feet in size and are not used for human habitation, and buildings with a roof but no walls.
“Parcel” means a portion of real property of any size which may be identified by an Assessor's Parcel Number, the area of which is determined by the legal lot of record. An “improved parcel” means a parcel containing a structure. An “unimproved parcel” means a parcel that does not contain a structure.
"Refuse piles” means accumulations of flammable vegetation and/or combustible materials, rubbish and/or scrap materials, including, but not limited to, wastepaper, wood, straw/hay, litter, or other flammable or combustible waste.
“State Responsibility Area” means an area of the state identified by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the state. “Structure” means a building that has walls and a roof and an area of 120 square feet or greater. “Zone 0” means the area extending from 0 to 5 feet from any structure, attached deck, or outbuilding on a parcel, referred to as the “Ember-Resistant Zone” or “Home Ignition Zone.” Zone 0 requires the most stringent wildfire fuel reduction. This Zone is designed to ensure that fire or embers from igniting materials cannot spread to the structure. “Zone 1” means the area extending from 5 to 30 feet from any structure or attached deck, or from 5 feet from the structure or attached deck to the parcel’s property line, whichever is closer. This Zone is referred to as the “Lean, Clean, and Green Zone.” “Zone 2” means the area extending from 30 to 100 feet from any structure or attached deck, or from 30 feet from the structure or attached deck to the parcel’s property line, whichever is closer.

This Zone is referred to as the “Reduced Fuel Zone.”

8.16.220 – Fuel Mitigation Requirements

1. Prohibition. No person who has any ownership or possessory interest in or control of a Parcel within the City shall allow to exist thereon any hazardous vegetation or combustible material that constitutes a fire hazard as determined by the Fire Code Official.

Item # 15.
6 2. Defensible Space for Structures and Attached Decks. All persons who have any ownership or possessory interest in or control of any parcel within the City shall maintain defensible space adjacent to all structures and attached decks on the parcel as follows:

A. Zone 0.
a. Maintain all ground areas within 2 feet of any structure or attached deck free of combustible ground cover, including combustible mulch and bark. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.
i. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used a ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire.
b. All native and nonnative plant species within 2 feet of a structure or attached deck must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
c. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure or attached deck as determined by the Fire Code Official.
d. Annual grasses, which are not permitted within 2 feet of a structure or attached deck must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
e. Maintain 6 feet of vertical clearance between branches and all other parts of trees overhanging the roof or other portion of any structure or attached deck. f. Maintain any tree, shrub, or other plant adjacent to or overhanging any structure or attached deck free of branches, dead limbs, or other combustible material. g. Maintain the roof and roof gutters of any structure, and the surface of any attached deck free of leaves, needles, hazardous vegetation, and combustible materials. h. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
i. Remove all branches within 10 feet of any chimney or stovepipe outlet. j. Storage of firewood, lumber, or other combustible material is not permitted. k. Non-irrigated brush is not permitted.

B. Zone 1.
a. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure as determined by the Fire Code Official. b. Annual grasses must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
c. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
d. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
e. Non-irrigated brush is not permitted.

Item # 15.
7 f. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any structure.
g. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
h. Liquid Propane Gas (LPG) storage tanks, outbuildings, firewood, lumber, and other combustible material shall be surrounded by 10 feet of bare mineral soil and no hazardous vegetation is permitted within 20 feet of LPG storage tanks, outbuildings, firewood, lumber, or other combustible Material.

C. Zone 2.
a. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure as determined by the Fire Code Official. b. Annual grasses must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
c. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
d. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground.
e. Non-irrigated brush is not permitted.
f. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any Structure.
g. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
h. Any structure or covering over a pile of lumber or firewood must be constructed or made of fire-resistant material.
i. Liquid Propane Gas (LPG) storage tanks, outbuildings, firewood, lumber, and other combustible material shall be surrounded by 10 feet of bare mineral soil and no hazardous vegetation is permitted within 20 feet of LPG storage tanks, outbuildings, firewood, lumber, or other combustible material.

D. Defensible Space for Outbuildings. Any and all persons who have any ownership or possessory interest in or control of any parcel within the City shall comply with the Zone 0 Defensible Space requirements set forth herein with respect to any outbuildings on the parcel that are within 100 feet of a structure or attached deck on the parcel.

3. Roadside Vegetation. All persons who have any ownership or possessory interest in or control of any parcel within the City that abuts a fire apparatus access road shall:

A. Remove all hazardous vegetation that is within 3 feet, measured horizontally, from the paved edge of the fire apparatus access road.

B. Ensure that all portions of any tree overhanging a fire apparatus access road has at least 15 feet, measured vertically, of clearance from the roadway surface.

4. Unimproved Parcels: Any and all persons who have any ownership or possessory interest in or control of any unimproved parcel within the City shall maintain unimproved parcels as follows:

Item # 15.
8 A. Less Than One Acre:
i. The entire parcel shall be mowed and/or cleared so that hazardous vegetation does not exceed four inches in height above mineral soil by no later than May 1st of each year and throughout the fire season.
ii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iii. The entire parcel shall be free of refuse piles.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
v. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City prior to removal.
vi. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

B. One to Five Acres:
i. A 30 foot area of defensible space shall be maintained around the boundary of the parcel in compliance with the following standards:
i. Groundcover.

1. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.

2. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches. All other combustible ground cover is prohibited.

3. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used as ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire. ii. All native and nonnative plant species must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited as determined by the Fire Code Official.
iv. Annual grasses must be removed or cut to less than 4 inches by no later than May 1st of each year and throughout the fire season.
v. Maintain any tree, shrub, or other plant free of branches, dead limbs, or other combustible material.
vi. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
vii. Storage of firewood, lumber, or other combustible material is not permitted. viii. Non-irrigated brush is not permitted.
ii. The 30 foot area of defensible space shall be measured inward from the parcel’s property line or abutting public right-of-way, as applicable. Where a vacant parcel

Item # 15.
9 abuts or contains a right-of-way or fire apparatus access road, the 30 foot area of defensible space shall be maintained from the edge of any sidewalk or, if there is no sidewalk, the street line.
iii. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

C. Greater than Five Acres:
i. A 100 foot area of defensible space shall be maintained around the entire parcel in compliance with the following standards:
i. Groundcover.

1. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.

2. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches. All other combustible ground cover is prohibited.

3. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used as ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire ii. All native and nonnative plant species must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited as determined by the Fire Code Official.
iv. Annual grasses must be removed or cut to less than 4 inches by no later than May 1st of each year and throughout the fire season. v. Maintain any tree, shrub, or other plant free of branches, dead limbs, or other combustible material.
vi. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels. vii. Storage of firewood, lumber, or other combustible material is not permitted.
viii. Non-irrigated brush is not permitted.
ii. The 100 foot area of defensible space shall be measured inward from the parcel’s property line or abutting public right-of-way, as applicable. Where a vacant parcel abuts or contains a right-of-way or fire apparatus access road, the 100 foot area of defensible space shall be maintained from the edge of any sidewalk or, if there is no sidewalk, the street line.
iii. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

5. Additional Management. The Fire Code Official may mandate additional fuels management of an area more or less than the above-referenced widths or height on a parcel and all sidewalks and roadways on or immediately adjacent thereto for the protection of public health, safety or

Item # 15.
10 welfare or the environment if the Fire Code Official finds that the additional fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a structure, and there is no other feasible mitigation measure to reduce the risk of ignition or spread of wildfire to a structure on a parcel. The Fire Code Official shall determine appropriate defensible space distances based upon a visual inspection of the parcel and shall consider all factors that place the structure(s) on the parcel at risk from an approaching fire. These factors shall include, but are not limited to, local weather conditions, fuel type(s), topography, and the environment of the parcel or the structure(s).

6. Conflicting Requirements. If any portion of any parcel is subject to overlapping or conflicting local, state, or federal, requirements, the more restrictive requirements, as determined by the Fire Code Official, shall apply.

7. Modifications. Compliance with the fuel mitigation requirements of this Article shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to comply with the fuel mitigation requirements, the person who owns, leases, or controls the parcel(s) shall request that the Fire Code Official grant a modification of the requirements. The Fire Code Official shall have the authority to grant modifications for individual cases, provided that the Fire Code Official shall first make written findings that special individual reasons make the strict letter of this Article impractical and that the modification is in compliance with the intent and purpose of this Article.

8.16.230 – Sale or Transfer of Property
In accordance with Civ. Code, § 1102.19, as it may be amended from time to time, a seller shall, before the close of escrow on the sale of any parcel within the City, provide to the buyer documentation from the Fire Code Official stating that the parcel is currently in compliance with local vegetation management requirements. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the parcel. If the seller of a parcel has not obtained documentation of compliance in accordance herewith, the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance.

8.16.240 – Open Burning
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Grass Valley. This prohibition is not intended to prohibit fires in approved warming device in accordance with Section 8.16.260, or devices used for cooking such as barbeques that are located on property that the individual using such device has legal authority to occupy, including but not limited to City-provided fire pits or barbeques in parks and other public areas.

8.16.250 – Authorized Burning

1. Training Burns. Fire Department training burns may be permitted with the prior written approval of the Fire Code Official or an authorized representative and Northern Sierra Air Quality Management District.

Item # 15.
11 2. Special Permits. The Fire Code Official may issue special permits to authorize burning for the health and safety of the public, professional entertainment purposes, or ceremonial purposes.

8.16.260 – Fire Protection Requirements
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:

1. During use/operation an area within 10 feet of the device shall be free and clear of hazardous vegetation and/or combustible materials.

2. Responsible person, 18 years of age or older, in attendance with shovel until fire is dead out.

3. Water hose connected to an operational water supply shall be present at use/operation site.

4. Operation site shall be within 250’ of an operational fire hydrant.

5. Operation site shall be within 150’ of a California Fire Code compliant fire apparatus access road.

8.16.270 – Fireworks Prohibitions
The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this Article.

8.16.280 – Fireworks Exceptions

1. Nothing in this Article shall be construed as prohibiting the sale, use, or discharge of any of the following: torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.

2. Public displays of fireworks may be conducted by permit granted pursuant to section 982 of Title 19 of the California Code of Regulations.

8.16.290 – Authority to Inspect
Whenever the Fire Code Official has cause to believe that there exists, or may exist, in or upon any parcel any condition that constitutes a violation of this Article, the Fire Code Official may, with the permission of the parcel’s owner, enter such parcel at all reasonable times to inspect the parcel related to enforcement of this Article. If an owner refuses to allow the Fire Code Official to enter, the Fire Code Official may seek assistance from any court of competent jurisdiction in obtaining such entry pursuant to California Code of Civil Procedure sections 1822.50–1822.60.

8.16.300 – Authority to Inspect Property and Request Records

Item # 15.
12 Whenever the Fire Code Official has reasonable cause to believe that there exists or may exist on any parcel any condition which constitutes a violation of this Article, the Fire Code Official is empowered to request a person having an ownership or possessory interest in the parcel to provide records, such as but not limited to, site plans, connection agreements, operations and maintenance records, documentation of waste disposal, etc., as necessary to determine compliance with this Article.

8.16.310 – Enforcement and Administration
Any person having an ownership or possessory interest in a parcel that is in non-compliance with this Article shall be subject to administrative, civil, or criminal liability as provided in this Code.

When relying on this Article, the City shall adhere to all procedures set forth in Chapters 1.10 through 1.15 of this Code, including, but not limited to the procedures for notice, service requirements, hearings, appeals, citations and fines.

8.16.320 – Public Nuisance Abatement
Violation of any provision of this Article is hereby declared to be a public nuisance. The Fire Code Official may, in addition to other authorized procedures set forth in this Article, take action to abate such public nuisance pursuant to Chapters 9.28 and 1.10 through 1.15 of this Code.

8.16.330 – Civil Actions
In addition to any other remedies provided in this Article, any violation of this Article may be enforced by civil action brought in the name of the City. In any such action, the City may seek, as appropriate and allowed by law, one or more of the following remedies:

1. A temporary restraining order, preliminary, or permanent injunction;

2. Reimbursement of costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;

3. Abatement Costs include those incurred in removing, correcting, or terminating the adverse effect(s) of a violation;

4. Compensatory damages for loss or destruction of City property. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with enforcing this Article.

8.16.340 – Criminal Actions
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor punishable under Chapter 1.12 of this Code, unless the prosecutor determines the interests of justice are served by prosecuting it as an infraction. Each separate day or any portion thereof during

Item # 15.
13 which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.

8.16.350 – Non-Exclusive Remedies
Every remedy available for the enforcement of this Article shall be non-exclusive, and it shall be within the discretion of the City to seek cumulative remedies. Moreover, the remedies available to the City pursuant to this Article shall not limit the right of the City to seek any other remedy that may be available at law or in equity.

8.16.360 – Authority to Promulgate Reasonable Rules and Regulations The City Manager is authorized to adopt reasonable rules, regulations, and procedures consistent with this Article to enforce, interpret, and carry out this Article. Such rules, regulations and procedures may vary between different areas within the City.

8.16.370 – No Duty to Enforce
Nothing in this Article shall be construed as imposing on the Fire Code Official or the City any duty to issue a Notice to Abate, nor to abate any hazardous vegetation or combustible material, nor to take any other action with regard to any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks. Neither the Fire Code Official nor the City shall be held liable for failure to issue a Notice to Abate any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks, nor for failure to abate any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks, nor for failure to take any other action with regard to any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks.

Item # 15.
361340.3
ORDINANCE NO. 832

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF GRASS VALLEY REPEALING AND
REPLACING ARTICLE II (“MISCELLANEOUS FIRE
CONTROL REGULATIONS”), ARTICLE III
(“PROHIBITIONS”), ARTICLE IV (“FIREWORKS”),
AND ARTICLE V (“VIOLATIONS – PENALTY”) OF
CHAPTER 8.16 OF THE GRASS VALLEY MUNICIPAL

CODE REGARDING FIRE CONTROL REGULATIONS
Be it ordained by the Council of the City of Grass Valley:

SECTION 1. CODE AMENDMENT. Articles II, III, IV, and V of Chapter 8.16 of Title 8 of the Grass Valley Municipal Code are hereby repealed and replaced as set forth in Exhibit A attached to this Ordinance and incorporated by such reference.

SECTION 2. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA)’ and has been determined to be not a Project under section 15378(b)(5) (Organizational or Administrative Activities) of the CEQA Guidelines. To the extent the adoption of this Ordinance constitutes a Project subject to CEQA, it is categorically exempt pursuant to sections 15061(b)(3) (Common Sense Exemption), 15304 (Minor Alterations to Land), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources), and 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the CEQA Guidelines.

SECTION 3. INCONSISTENCIES. Any provision of the Grass Valley Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or

Item # 15.
361340.3
unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 5. EFFECT OF AMENDMENTS. It is the intent of the City Council of the City of Grass Valley that the Grass Valley Municipal Code sections affected by this Ordinance shall not be considered repealed and reenacted in their amended form; that the portions which are not altered are to be considered as having been the law from the time when they were enacted; that the new provisions are to be considered as having been enacted at the time of the amendment; and that the omitted portions are to be considered as having been repealed at the time of the amendment.

SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption under Article VII, § 2 of the Grass Valley City Charter.

SECTION 7. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.

INTRODUCED and first read at a regular meeting of the City Council on the 12th day of November 2024.

FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on the________ day of _________________2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
_____________________________
Jan Arbuckle, Mayor

Item # 15.
361340.3
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________ Taylor Whittingslow, City Clerk Michael G. Colantuono, City Attorney

Item # 15.
361340.3

EXHIBIT A
Chapter 8.16 – FIRE CONTROL REGULATIONS
ARTICLE II – FIRE REGULATIONS

8.16.200 – Definitions
As used in this Article, the following definitions shall apply:
“Approved Warming Device” means a portable or fixed, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. It may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. All devices shall be equipped with spark-arresting screens. “Combustible material” means rubbish, litter, or material of any kind other than hazardous vegetation, that is combustible and endangers the public safety by creating a fire hazard as determined by the Fire Code Official.
“Defensible space” means (i) for improved parcels, the areas, including Zone 0, Zone 1, and Zone 2, extending 100 feet from any structure, but not beyond a parcel’s property line; and (ii) for unimproved parcels, the areas extending 30 to 100 feet inward from the parcel’s property line or abutting public right-of-way or fire apparatus access road, as applicable. “Fireworks” and “safe and sane fireworks” have the meanings ascribed to them in Sections 12500 et seq. of the California Health and Safety Code.
“Fire apparatus access road” means a road that provides fire apparatus access from a fire station to a facility, building, or portion thereof. This is a general term that includes, but is not limited to, a fire lane, public street, public right of way, private street, driveway, parking lot lane, or access road.
“Fire Code Official” means the Fire Chief of their duly authorized representative(s). “Fire hazard” means any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fire, or that may obstruct, delay, or hinder, or may become the cause of obstruction, delay, or hindrance, to the prevention, suppression, or extinguishment of fire.
“Fire season” means the first day of May through the thirty-first day of December. “Ladder fuel” means fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

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“Hazardous vegetation” means vegetation that is combustible and endangers the public safety by creating a fire hazard, including but not limited to bark, mulch, seasonal and recurrent grasses, weeds, stubble, non-irrigated brush, dry leaves, dry needles, dead, dying, and diseased trees, or any other vegetation identified by the Fire Code Official. “Local Responsibility Area” means an area of the state that is not a State Responsibility Area or federal property, and where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the city, town, county, city and county, district, or other local public agency.
“Outbuilding” means buildings that are less than 120 square feet in size and are not used for human habitation, and buildings with a roof but no walls.
“Parcel” means a portion of real property of any size which may be identified by an Assessor's Parcel Number, the area of which is determined by the legal lot of record. An “improved parcel” means a parcel containing a structure. An “unimproved parcel” means a parcel that does not contain a structure.
"Refuse piles” means accumulations of flammable vegetation and/or combustible materials, rubbish and/or scrap materials, including, but not limited to, wastepaper, wood, straw/hay, litter, or other flammable or combustible waste.
“State Responsibility Area” means an area of the state identified by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 where the financial responsibility for preventing and suppressing fires is primarily the responsibility of the state. “Structure” means a building that has walls and a roof and an area of 120 square feet or greater. “Zone 0” means the area extending from 0 to 5 feet from any structure, attached deck, or outbuilding on a parcel, referred to as the “Ember-Resistant Zone” or “Home Ignition Zone.” Zone 0 requires the most stringent wildfire fuel reduction. This Zone is designed to ensure that fire or embers from igniting materials cannot spread to the structure. “Zone 1” means the area extending from 5 to 30 feet from any structure or attached deck, or from 5 feet from the structure or attached deck to the parcel’s property line, whichever is closer. This Zone is referred to as the “Lean, Clean, and Green Zone.” “Zone 2” means the area extending from 30 to 100 feet from any structure or attached deck, or from 30 feet from the structure or attached deck to the parcel’s property line, whichever is closer.

This Zone is referred to as the “Reduced Fuel Zone.”

8.16.220 – Fuel Mitigation Requirements

1. Prohibition. No person who has any ownership or possessory interest in or control of a Parcel within the City shall allow to exist thereon any hazardous vegetation or combustible material that constitutes a fire hazard as determined by the Fire Code Official.

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2. Defensible Space for Structures and Attached Decks. All persons who have any ownership or possessory interest in or control of any parcel within the City shall maintain defensible space adjacent to all structures and attached decks on the parcel as follows:

A. Zone 0.
i. Maintain all ground areas within 2 feet of any structure or attached deck free of combustible ground cover, including combustible mulch and bark. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.
i. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used a ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire.
ii. All native and nonnative plant species within 2 feet of a structure or attached deck must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure or attached deck as determined by the Fire Code Official.
iv. Annual grasses, which are not permitted within 2 feet of a structure or attached deck must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
v. Maintain 6 feet of vertical clearance between branches and all other parts of trees overhanging the roof or other portion of any structure or attached deck. vi. Maintain any tree, shrub, or other plant adjacent to or overhanging any structure or attached deck free of branches, dead limbs, or other combustible material. vii. Maintain the roof and roof gutters of any structure, and the surface of any attached deck free of leaves, needles, hazardous vegetation, and combustible materials. viii. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
ix. Remove all branches within 10 feet of any chimney or stovepipe outlet. x. Storage of firewood, lumber, or other combustible material is not permitted. xi. Non-irrigated brush is not permitted.

B. Zone 1.
i. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure as determined by the Fire Code Official. ii. Annual grasses must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
iii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
v. Non-irrigated brush is not permitted.

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vi. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any structure.
vii. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
viii. Liquid Propane Gas (LPG) storage tanks, outbuildings, firewood, lumber, and other combustible material shall be surrounded by 10 feet of bare mineral soil and no hazardous vegetation is permitted within 20 feet of LPG storage tanks, outbuildings, firewood, lumber, or other combustible Material.

C. Zone 2.
i. Remove all hazardous vegetation and combustible material capable of being ignited and endangering the structure as determined by the Fire Code Official. ii. Annual grasses must be removed or cut to less than 4 inches no later than May 1st of each year and throughout the fire season.
iii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground.
v. Non-irrigated brush is not permitted.
vi. New trees shall be planted and maintained so that the tree's drip line at maturity is a minimum of 10 feet from any Structure.
vii. The horizontal distance between crowns of new trees and crowns of adjacent trees shall not be less than 10 feet.
viii. Any structure or covering over a pile of lumber or firewood must be constructed or made of fire-resistant material.
ix. Liquid Propane Gas (LPG) storage tanks, outbuildings, firewood, lumber, and other combustible material shall be surrounded by 10 feet of bare mineral soil and no hazardous vegetation is permitted within 20 feet of LPG storage tanks, outbuildings, firewood, lumber, or other combustible material.

D. Defensible Space for Outbuildings. Any and all persons who have any ownership or possessory interest in or control of any parcel within the City shall comply with the Zone 0 Defensible Space requirements set forth herein with respect to any outbuildings on the parcel that are within 100 feet of a structure or attached deck on the parcel.

3. Roadside Vegetation. All persons who have any ownership or possessory interest in or control of any parcel within the City that abuts a fire apparatus access road shall:

A. Remove all hazardous vegetation that is within 3 feet, measured horizontally, from the paved edge of the fire apparatus access road.

B. Ensure that all portions of any tree overhanging a fire apparatus access road has at least 15 feet, measured vertically, of clearance from the roadway surface.

4. Unimproved Parcels: Any and all persons who have any ownership or possessory interest in or control of any unimproved parcel within the City shall maintain unimproved parcels as follows:

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A. Less Than One Acre:
i. The entire parcel shall be mowed and/or cleared so that hazardous vegetation does not exceed four inches in height above mineral soil by no later than May 1st of each year and throughout the fire season.
ii. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches.
iii. The entire parcel shall be free of refuse piles.
iv. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
v. Dead, dying, or diseased trees shall be removed. An evaluation by a licensed arborist with recommendations on removal of dying or diseased trees shall be required by the City prior to removal.
vi. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

B. One to Five Acres:
i. A 30 foot area of defensible space shall be maintained around the boundary of the parcel in compliance with the following standards:
i. Groundcover.

1. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.

2. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches. All other combustible ground cover is prohibited.

3. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used as ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire. ii. All native and nonnative plant species must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited as determined by the Fire Code Official.
iv. Annual grasses must be removed or cut to less than 4 inches by no later than May 1st of each year and throughout the fire season.
v. Maintain any tree, shrub, or other plant free of branches, dead limbs, or other combustible material.
vi. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels.
vii. Storage of firewood, lumber, or other combustible material is not permitted. viii. Non-irrigated brush is not permitted.
ii. The 30 foot area of defensible space shall be measured inward from the parcel’s property line or abutting public right-of-way, as applicable. Where a vacant parcel

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abuts or contains a right-of-way or fire apparatus access road, the 30 foot area of defensible space shall be maintained from the edge of any sidewalk or, if there is no sidewalk, the street line.
iii. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

C. Greater than Five Acres:
i. A 100 foot area of defensible space shall be maintained around the entire parcel in compliance with the following standards:
i. Groundcover.

1. Hardscape materials, such as gravel, pavers, concrete, and other noncombustible mulch materials are permitted.

2. Organic mulch and wood chips shall be kept to a depth of no greater than three (3) inches. All other combustible ground cover is prohibited.

3. Notwithstanding the foregoing, ornamental vegetative fuels or cultivated ground cover that are irrigated or have a high moisture content, such as green grass, ivy, succulents or similar plants used as ground cover are allowed if, in the opinion of the Fire Code Official, they do not form a means of readily transmitting fire ii. All native and nonnative plant species must be maintained such that foliage, twigs, and branches create a minimum 1 foot clearance above the ground or the ground cover.
iii. Remove all hazardous vegetation and combustible material capable of being ignited as determined by the Fire Code Official.
iv. Annual grasses must be removed or cut to less than 4 inches by no later than May 1st of each year and throughout the fire season. v. Maintain any tree, shrub, or other plant free of branches, dead limbs, or other combustible material.
vi. Maintain trees to remove ladder fuels so that foliage, twigs, or branches are greater than 6 feet above the ground or surface fuels. vii. Storage of firewood, lumber, or other combustible material is not permitted.
viii. Non-irrigated brush is not permitted.
ii. The 100 foot area of defensible space shall be measured inward from the parcel’s property line or abutting public right-of-way, as applicable. Where a vacant parcel abuts or contains a right-of-way or fire apparatus access road, the 100 foot area of defensible space shall be maintained from the edge of any sidewalk or, if there is no sidewalk, the street line.
iii. All waste material that is the result of vegetation management work shall be chipped and spread or hauled off site. Burning of waste material is prohibited.

5. Additional Management. The Fire Code Official may mandate additional fuels management of an area more or less than the above-referenced widths or height on a parcel and all sidewalks and roadways on or immediately adjacent thereto for the protection of public health, safety or

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welfare or the environment if the Fire Code Official finds that the additional fuels management is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite a structure, and there is no other feasible mitigation measure to reduce the risk of ignition or spread of wildfire to a structure on a parcel. The Fire Code Official shall determine appropriate defensible space distances based upon a visual inspection of the parcel and shall consider all factors that place the structure(s) on the parcel at risk from an approaching fire. These factors shall include, but are not limited to, local weather conditions, fuel type(s), topography, and the environment of the parcel or the structure(s).

6. Conflicting Requirements. If any portion of any parcel is subject to overlapping or conflicting local, state, or federal, requirements, the more restrictive requirements, as determined by the Fire Code Official, shall apply.

7. Modifications. Compliance with the fuel mitigation requirements of this Article shall not result in the taking of endangered, rare, or threatened plant or animal species, significant erosion, or sedimentation of surface waters. When these or other conditions make it impractical to comply with the fuel mitigation requirements, the person who owns, leases, or controls the parcel(s) shall request that the Fire Code Official grant a modification of the requirements. The Fire Code Official shall have the authority to grant modifications for individual cases, provided that the Fire Code Official shall first make written findings that special individual reasons make the strict letter of this Article impractical and that the modification is in compliance with the intent and purpose of this Article.

8.16.230 – Sale or Transfer of Property
In accordance with Civ. Code, § 1102.19, as it may be amended from time to time, a seller shall, before the close of escrow on the sale of any parcel within the City, provide to the buyer documentation from the Fire Code Official stating that the parcel is currently in compliance with local vegetation management requirements. The Fire Code Official shall have the discretion to accept alternate means and measures to achieve compliance if completion of the required work will delay the sale or transfer of the parcel. If the seller of a parcel has not obtained documentation of compliance in accordance herewith, the seller and the buyer shall enter into a written agreement pursuant to which the buyer agrees to obtain documentation of compliance.

8.16.240 – Open Burning
It shall be unlawful for any person to ignite, permit, or maintain an open fire within the city limits of the City of Grass Valley. This prohibition is not intended to prohibit fires in approved warming device in accordance with Section 8.16.260, or devices used for cooking such as barbeques that are located on property that the individual using such device has legal authority to occupy, including but not limited to City-provided fire pits or barbeques in parks and other public areas.

8.16.250 – Authorized Burning

1. Training Burns. Fire Department training burns may be permitted with the prior written approval of the Fire Code Official or an authorized representative and Northern Sierra Air Quality Management District.

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2. Special Permits. The Fire Code Official may issue special permits to authorize burning for the health and safety of the public, professional entertainment purposes, or ceremonial purposes.

8.16.260 – Fire Protection Requirements
To provide and maintain fire protection during the use of approved warming devices or during authorized special permit burning, the following shall be required:

1. During use/operation an area within 10 feet of the device shall be free and clear of hazardous vegetation and/or combustible materials.

2. Responsible person, 18 years of age or older, in attendance with shovel until fire is dead out.

3. Water hose connected to an operational water supply shall be present at use/operation site.

4. Operation site shall be within 250’ of an operational fire hydrant.

5. Operation site shall be within 150’ of a California Fire Code compliant fire apparatus access road.

8.16.270 – Fireworks Prohibitions
The sale, use, and discharge of fireworks, including, but not limited to, safe and sane fireworks, is prohibited within the City. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the City except as provided in this Article.

8.16.280 – Fireworks Exceptions

1. Nothing in this Article shall be construed as prohibiting the sale, use, or discharge of any of the following: torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code section 12503; or to those subjects identified in subsections (a) through (d) of California Health and Safety Code section 12540.

2. Public displays of fireworks may be conducted by permit granted pursuant to section 982 of Title 19 of the California Code of Regulations.

8.16.290 – Authority to Inspect
Whenever the Fire Code Official has cause to believe that there exists, or may exist, in or upon any parcel any condition that constitutes a violation of this Article, the Fire Code Official may, with the permission of the parcel’s owner, enter such parcel at all reasonable times to inspect the parcel related to enforcement of this Article. If an owner refuses to allow the Fire Code Official to enter, the Fire Code Official may seek assistance from any court of competent jurisdiction in obtaining such entry pursuant to California Code of Civil Procedure sections 1822.50–1822.60.

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8.16.300 – Authority to Inspect Property and Request Records Whenever the Fire Code Official has reasonable cause to believe that there exists or may exist on any parcel any condition which constitutes a violation of this Article, the Fire Code Official is empowered to request a person having an ownership or possessory interest in the parcel to provide records, such as but not limited to, site plans, connection agreements, operations and maintenance records, documentation of waste disposal, etc., as necessary to determine compliance with this Article.

8.16.310 – Enforcement and Administration
Any person having an ownership or possessory interest in a parcel that is in non-compliance with this Article shall be subject to administrative, civil, or criminal liability as provided in this Code.

When relying on this Article, the City shall adhere to all procedures set forth in Chapters 1.10 through 1.15 of this Code, including, but not limited to the procedures for notice, service requirements, hearings, appeals, citations and fines.

8.16.320 – Public Nuisance Abatement
Violation of any provision of this Article is hereby declared to be a public nuisance. The Fire Code Official may, in addition to other authorized procedures set forth in this Article, take action to abate such public nuisance pursuant to Chapters 9.28 and 1.10 through 1.15 of this Code.

8.16.330 – Civil Actions
In addition to any other remedies provided in this Article, any violation of this Article may be enforced by civil action brought in the name of the City. In any such action, the City may seek, as appropriate and allowed by law, one or more of the following remedies:

1. A temporary restraining order, preliminary, or permanent injunction;

2. Reimbursement of costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;

3. Abatement Costs include those incurred in removing, correcting, or terminating the adverse effect(s) of a violation;

4. Compensatory damages for loss or destruction of City property. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with enforcing this Article.

8.16.340 – Criminal Actions
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor punishable under Chapter 1.12 of this Code, unless the prosecutor determines the interests of

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justice are served by prosecuting it as an infraction. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.

8.16.350 – Non-Exclusive Remedies
Every remedy available for the enforcement of this Article shall be non-exclusive, and it shall be within the discretion of the City to seek cumulative remedies. Moreover, the remedies available to the City pursuant to this Article shall not limit the right of the City to seek any other remedy that may be available at law or in equity.

8.16.360 – Authority to Promulgate Reasonable Rules and Regulations The City Manager is authorized to adopt reasonable rules, regulations, and procedures consistent with this Article to enforce, interpret, and carry out this Article. Such rules, regulations and procedures may vary between different areas within the City.

8.16.370 – No Duty to Enforce
Nothing in this Article shall be construed as imposing on the Fire Code Official or the City any duty to issue a Notice to Abate, nor to abate any hazardous vegetation or combustible material, nor to take any other action with regard to any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks. Neither the Fire Code Official nor the City shall be held liable for failure to issue a Notice to Abate any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks, nor for failure to abate any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks, nor for failure to take any other action with regard to any unlawful hazardous vegetation, combustible material, defensible space, burning, or fireworks.

Item # 15.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Highway 49 Overpass Transportation Art Project
CEQA: Not a project
Recommendation: That Council 1) direct staff to proceed with the process of a transportation art project application at the proposed site; 2) give feedback on the proposed renders as submitted; 3) solicit public comment on this item as required by the Caltrans Transportation Art process; 4) direct staff to put the renderings and application through the City’s mural process.

Prepared by: Lieutenant Brian Blakemore, Police Department Council Meeting Date: 11/12/2024 Date Prepared: 10/16/2024 Agenda: Administrative
Background Information:

In mid-2021, the City was in the process of assuming care and control from Caltrans, of Colfax Ave. coming into downtown Grass Valley. The termination point of Colfax Ave. at South Auburn Street is a center point of downtown, where numerous artery-streets meet at a 4-way intersection. Arguably, it is the point where residents and visitors first feel as though they are in “downtown” Grass Valley.

The downtown landscape in this location is visually appealing from multiple directions; however, the industrial appearance of the Hwy. 49 overpass in that area isn’t consistent with downtown's charm. Staff examined how this could be addressed and identified that the overpass and its abutments are an ideal location for a “Transportation Art” project. This art project seeks to have murals painted on the overpass abutments and, in some areas, the underside of the Hwy 49 overpass.

Caltrans maintains care and control of the overpass and its abutments and has an identified process for transforming industrial bridge and overpass structures into canvases for visually appealing art; Transportation Art. Transportation Art projects are approved by Caltrans on an individual basis and must conform to numerous standards, which ensure safety and maintenance needs are not affected. The approval process includes a multi-step permit process. For Council consideration, one requirement in the permit process is that the submitting entity must be the government jurisdiction in which the artwork will stand. If a Transportation Art project is an attractive concept, the Council is asked to provide direction to staff to proceed with developing this project and completing applications. Additional Transportation Art requirements are attached for reference.

Considering the fact that the City does not employ professional artists, staff have met with Brian Chambers, owner of a local art studio and someone who has an extensive network of local artists he works with. Mr. Chambers immediately committed his support for this project and worked with staff to distribute a “call to action” for local artists to submit renderings of proposed artwork consistent with the parameters of the Caltrans Transportation Art requirements. Renderings have been returned, including a submission from local Nisenan

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artists. Each rendering was completed by a local artist who resides and works in western Nevada County and calls the Grass Valley area home. Council is asked to provide feedback on the renderings that have been submitted.

Funding for this project is expected to come from grant and donation sources. Currently, an experienced grant writer who works with the Nisenan Tribe, and the art studio owned by Mr.

Chambers, is working to identify potential funding.

Consistent with 17.38.080 (F) of the Grass Valley Municipal Code, the Council is asked to solicit public comment on this proposal and give direction to staff to put the renderings and application through the City’s mural process.

Council Goals/Objectives: This action executes portions of Strategic Plan (2018) Core GoalCommunity & Sense of Place.

Fiscal Impact: Zero up-front cost with grant funding and donations. Upkeep/maintenance costs would be the responsibility of the city. This cost would/could vary depending on weather, vandalism, and other factors.

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

1. Caltrans “Transportation Art” guidelines from dot.ca.gov

2. Photos of abutments in current condition

3. Renderings from Artists

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Item # 16.

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Item # 16.

Home Programs Design
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District Transportation Art Coordinators Contact Information Frequently Asked Questions (F.A.Q.s)
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Transportation Art Guidelines for Local Agencies
"Transportation Art Proposal" (Application) - For the Transportation Art Proposal (Application) please contact [email protected] Encroachment Permit Application
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Photo of Transportation Art in Encinitas, CA.

Transportation Art
Transportation Art:

Transportation Art is a visual expression that reflects the local communities' unique aesthetic, environmental, scenic, historical and cultural values.

Who can propose installation?
A public agency defined as a city, county, incorporated town, tribal government, or non-federally recognized tribe.

What can be proposed?
Transportation Art includes graphic or sculptural artwork, either freestanding or placed upon a required engineered transportation feature and must not contain text.

Where can it be located?
Transportation Art can be free-standing or placed upon required engineered transportation features such as a noise barrier, retaining wall, bridge, bridge abutment, bridge rail, or slope paving.

Transportation Art must not:

Display text
Simulate color combinations of colors usually reserved for official traffic control devices described in the
Manual on Uniform Traffic Control Devices (MUTCD) .

Create a distraction to transportation system users.

Include distracting illumination.
include reflective or glaring surface finishes.

Imitate, obscure, or interfere with traffic control devices.

Interfere with airspace above the roadway.

Be placed within State highway right-of-way upon trees, rocks or other natural features.

Adversely affect existing structures, drainage patterns or stormwater runoff quality, landscaping or natural vegetation.

Include reflective or glaring surface finishes.
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Transportation Art must:

Include moving elements (kinetic art) or simulate movement.

Restrict sight distance.

Display symbols or icons such as flags, logos, or commercial symbols, except as allowed in Sub-article "Sponsor Recognition" of the Project Development Procedures Manual (PDPM) Chapter 29, Section

9. Include graphics or sculptural artwork that expresses unique attributes of an area’s history, resources, or character.

Be a freestanding structure or integrated with an engineered transportation feature.

Be appropriate to its proposed setting and be in proper scale with its surroundings.

Be located where maintenance can be safely performed as specified in the encroachment permit, the maintenance agreement, and in conformance with Caltrans’ procedures.

Be composed of materials that are durable for the projected lifespan.

Be fully funded for design, installation, maintenance, restoration, and removal by others for its projected lifespan.
conform to provisions of the California Outdoor Advertising Act .

Be designed to minimize ongoing maintenance needs. Approved Caltrans protective graffiti coatings may be required if appropriate.

Be consistent with Headquarters Division of Maintenance-Structure Maintenance and Investigations inspection requirements, including the following:

Paint used on structures should not fill or obscure cracks. Latex or other flexible type paints may be used on concrete structures only with written permission from the Headquarters Division of Maintenance-Structure Maintenance and Investigations.

Painting of steel structures will only be permitted with written permission from the Headquarters Division of MaintenanceStructure Maintenance and Investigations.

Painted art should avoid load-carrying, stress-bearing structural members including, but not limited to bridge girders, soffits, columns, and piers. Wing walls and abutments are preferred locations for painted art.

Artwork must not hinder inspection of bridges, retaining walls, and other structures.

To facilitate Caltrans’ inspection, mural art may be placed on removable panels.

Chipping, blasting, or modifying existing concrete surfaces is prohibited, unless required by Division of Maintenance-Structure Maintenance and Investigations.

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Item # 16.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Downtown Parking
CEQA: Not a Project
Recommendation: That Council 1) authorize a contract with Dixon Resources Unlimited for $22,940.00 for parking consultant services; 2) authorize the City Manager to execute the agreement, subject to legal review; and 3) authorize the Administrative Services Director to transfer funds from the FY 2024/25 contingency to fund the proposed agreement.

Prepared by: Tim Kiser, City Manager
Council Meeting Date: 11/12/2024 Date Prepared: 11/06/2024 Agenda: Administrative
Background Information: Despite recent efforts to increase parking capacity, including the addition of 33 new spaces at the Mill Street Parking Lot, securing an additional 25 spaces, and restriping existing lots over the years, there remains a need to address the ongoing demand for parking. There is also interest in exploring options to increase parking turnover and reduce employee use of prime parking spaces.

To address these needs in our downtown area, staff proposes hiring a consultant to provide comprehensive parking consulting services.

The consultant's scope of work will include an operational needs assessment covering all aspects of parking management, including on-street and off-street parking operations, parking technology, and enforcement. They will also evaluate the Mill Street Parking Lot to identify options for optimal use. Additionally, the consultant will review and recommend updates to the municipal code as it pertains to parking.

Attached for the Council’s review is a proposal from Dixon Resources Unlimited, outlining their approach and scope of services.

Council Goals/Objectives: The study on parking executes portions of work tasks towards achieving/maintaining Strategic Plan goals – Community & Sense of Place, and Economic Development and Vitality.

Fiscal Impact: There is sufficient contingency in the FY 2024/25 budget for the subject activity.

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

Item # 17.

Proposal
Parking Consultant
Services
City of Grass Valley
October 2, 2024
Prepared by Dixon Resources Unlimited Page 230
Item # 17.

DIXON | Parking Consultant Services for City of Grass Valley Page 1 of 3 Proposal for Parking Consultant Services
To: City of Grass Valley
From: Dixon Resources Unlimited
Date: October 2, 2024
Subject: Proposal for Parking Consultant Services – City of Grass Valley Dixon Resources Unlimited (DIXON) is pleased to submit this proposal to provide parking consulting services to the City of Grass Valley (City). Our uniquely qualified firm specializes in supporting parking and mobility programs across the country, consistently proving our ability to identify and implement operations, management, and technology recommendations to transition municipal parking operations to longterm, sustainable programs.

Proposed Scope of Services
The following work plan details the technical approach, methodology, specific tasks, and associated deliverables that our team may perform.

Task 1. Operational Needs Assessment
DIXON has played a key role in evaluating and supporting all aspects of parking programs, including on-street and off-street parking operations, parking technology assessment and roadmaps, parking enforcement and citation management, wayfinding programs, parking demand and occupancy, the solicitation and implementation of new and emerging parking technologies, and the development of comprehensive, long-term parking management plans.

Task 1.1 Project Management. An initial virtual project kick-off meeting will allow our team to prioritize objectives and tasks, finalize the schedule and timeline for milestone deliverables, and introduce key internal stakeholders to our team. We will conduct biweekly project calls, throughout the project.

Task 1.2 Review of Existing Materials. Our team will review all relevant documents, maps, previous studies, and Municipal Code sections.

Task 1.3 On-site Existing Conditions Review. We will be on-site for one (1) day.

During that time, our team will assess current parking areas, including on- and off-street public parking locations. We will tour facilities, conduct ride-alongs, and meet with key staff to address the City’s immediate needs. We will document and review posted regulations and time limits, parking rates and hours, and observed utilization, compliance, enforcement, and congestion of parking areas.

Task 1.4 Meter Placement. While on-site, we will review the City’s existing meter placement, particularly in the trouble spot areas identified by the City. We will review and provide meter placement recommendations and best practices within our Operational Memo.

Item # 17.

DIXON | Parking Consultant Services for City of Grass Valley Page 2 of 3 Task 1.5. Review of Off-Street Facilities We will evaluate the two new public parking lots specifically identified by the City. We will evaluate opportunities and best practices to manage these lots, encourage employee parking, and consider the concerns voiced by the neighboring communities.

Task 1.6 Operational Memo. We will prepare an operational memo outlining key findings and our initial recommendations. We will focus on technology recommendations, specifically for parking availability applications, including opportunities to integrate with the City’s existing vendor systems. Our recommendations and best practices for meter placement will also be outlined in the memo.

Task 1. Deliverables
 Includes a virtual project kickoff meeting.
 Includes approximately three (3) months of project management and coordination.  Review of existing materials and background documents.  Includes one (1) day on-site, including meetings with City staff.  Review of targeted meters to assess meter placement
 Evaluate two new off-street parking lots
 Prepare draft and final Operational Memo.

Task 2. Municipal Code Update
DIXON will work with City staff to identify potential updates to the City’s municipal code, based on industry best practices and our expertise. We will prepare draft language to future proof codes and policies and accommodate the growth and optimization of the City’s parking and enforcement operations.

Task 2.1 Draft Municipal Code Recommendations. DIXON will conduct a review of the City’s parking-related municipal codes and begin to outline initial recommendations for code language updates related to parking and enforcement operations, including but not limited to the use of technology and modern curb management practices. We will prepare a draft ordinance, with recommended policy and code updates, and virtually present those recommendations to City staff for review and comments. We will incorporate that feedback into a final set of municipal code language updates and submit them to the City for review and consideration.

Task 2.2 In-Person Presentation to City Council. DIXON is prepared to present the draft ordinance and code updates in-person at one City Council meeting.

Task 2. Deliverables
 Conduct a review of the City’s parking-related codes and policies.  Develop a draft ordinance and present the recommended code updates to City staff during a virtual meeting.
 Incorporate staff feedback into a final set of recommended code updates and submit them to the City.
 In-person presentation to City Council.

Item # 17.

DIXON | Parking Consultant Services for City of Grass Valley Page 3 of 3 Cost Proposal
This cost proposal is based on a Time & Materials (T&M) approach. We are adaptive to the City’s needs and will customize our solution to focus on what the City needs to achieve its objectives and to ensure that all deliverables are completed within the agreed-upon budget and timing to suit the City’s evolving priorities. The budget includes all required travel or related expenses, which are based upon GSA standards and will be billed per City requirements.

DIXON Hourly Rates
The following table provides the hourly rates for all DIXON classification groups:

Classification Labor Rate Per Hour
Principal-in-Charge $245
Principal Consultant $225
Senior Associate $175
Associate / Data Analyst $155
Junior Associate $115
Data Collector $75
Cost Estimate
The total estimated not to exceed costs per Task are detailed below:

Cost Estimate: DIXON Time & Materials Fee
Task Description Estimated Cost
(NTE)
1 Operational Needs Assessment
 Includes a virtual project kickoff meeting.
 Includes approximately three (3) months of project management and coordination.
 Review of existing materials and background documents.  Includes one (1) day on-site, including meetings with City staff.  Targeted review of specific meter placement
 Evaluate two new off-street lots.
 Prepare draft and final Operational Memo
$14,835
2 Municipal Code Update
 Conduct a review of the City’s parking-related codes and policies.  Develop a draft ordinance and present the recommended code updates to City staff during a virtual meeting.
 Incorporate staff feedback into a final set of recommended code updates and submit them to the City.
 In-person presentation to City Council
$8,105
Total $22,940

Item # 17.