Grass Valley City Council
February 11, 2025

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, February 11, 2025 at 6:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com AGENDA
Any person with a disability who requires accommodations to participate in this meeting should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the meeting to make a request for a disability related modification or accommodation.

Mayor Hilary Hodge, Vice Mayor Haven Caravelli, Councilmember Jan Arbuckle, Councilmember Joe Bonomolo, Councilmember Tom Ivy

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

This meeting is being broadcast “live” on Comcast Channel 17 & 18 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/@cityofgrassvalley.com Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.

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

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

City of Grass Valley, CA AGENDA February 11, 2025
Council Chambers are wheelchair accessible and listening devices are available. Other special accommodations may be requested to the City Clerk 72 hours in advance of the meeting by calling (530) 274-4390, we are happy to accommodate.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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

REPORT OUT OF CLOSED SESSION

INTRODUCTIONS AND PRESENTATIONS

1. Emily Rary, Community Engagement Chief for Beale Air Force Base, to give presentation on the upcoming Beale Airshow on June 7 & 8 2025.

2. Christine Newsom, presenting as a representative from the Nevada City Rotary Club, in regard to their plastic film collection project and their challenges to continued functioning.

3. Nevada County OES Representatives will provide overview of the Nevada County Community Wildfire Protection Plan.

4. Duane Strawser, the City of Grass Valley Community Risk Reduction Manager, to give brief presentation to Council.

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

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

CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action

City of Grass Valley, CA AGENDA February 11, 2025
but Council action is required to do so (roll call vote).Unless the Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person.

5. Approval of the Regular Meeting Minutes of January 28, 2025.

Recommendation: Council approve minutes as submitted.

6. Tablet Command Mobile Incident Command and Response Solution Purchase CEQA: Not a project
Recommendation: That the Council 1) Approve the Fire Chief to enter into an agreement, subject to legal review, with the County of Nevada for the reimbursement of funds related to the purchase and integration of Tablet Command for the Fire Services in Nevada County; and 2) Authorize the Finance Director to execute any necessary budget adjustments or fund transfers to facilitate this process.

7. Nevada County Multi-Jurisdictional Hazard Mitigation Plan CEQA: Not a project as defined by the Public Resources Code section 21065 and CEQA Guidelines sections 15060 and 15378.

Recommendation: That Council adopt Resolution 2025-01 to adopt and approve the draft Nevada County Multi-Jurisdictional Hazard Mitigation Plan and authorize staff to make necessary changes if required by FEMA

8. Adopt Resolution No. 2025-02 Declaring Equipment Surplus and Authorizing Disposition of Equipment.

Recommendation: It is recommended that the City Council adopt Resolution No. 2025- 02, declaring the listed vehicles as surplus and authorizing their disposition.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

ADMINISTRATIVE

9. Introduction of an ordinance amending Chapter 5.56 of Title 5 of the Grass Valley Municipal Code regulating Tobacco Retailers.

Recommendation: Introduce the attached ordinance, waive full reading, and read by title only

10. Building Resilient Infrastructure and Communities (BRIC) Grant CEQA: Not a Project
Recommendation: That Council approve the submission of a Building Resilient Infrastructure and Communities (BRIC) Grant in collaboration with the Fire Safe Council. The grant will support efforts to strengthen critical infrastructure, implement hazard fuels reduction using nature-based solutions, assist with hazard tree removal, expand the home hardening retrofit program, enhance the green waste program, and provide community education initiatives for the Grass Valley area.

City of Grass Valley, CA AGENDA February 11, 2025

11. Historical Commission Quarterly Update
CEQA: Not a project
Recommendation: That Council receives quarterly update from Historical Commission.

BRIEF REPORTS BY COUNCIL MEMBERS

CONTINUATION OF PUBLIC COMMENT

ADJOURN

POSTING NOTICE
This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, February 11, 2025, at 6:00 p.m., was posted at city hall, easily accessible to the public, as of 5:00 p.m. Thursday, February 6, 2025.
________________________
Taylor Whittingslow, City Clerk

NARRATIVE SUMMARY: Nevada City Rotary Club Recycling/
Repurposing Project for Stretchable Plastic Film (Polyethylene) BACKGROUND: In 2021, the Environmental Sustainability committee of the Nevada City Rotary Club (NCRC) identified an area of unmet need in our community: while various types of hard plastic are collected by Waste Management for recycling, plastic film or polyethylene film (such as produce bags, dry-cleaning bags, pallet wraps) is not collected. This leaves the majority of residential and commercial generators of this kind of plastic no choice but to put their plastic film waste in the general trash. Unfortunately, this leads to serious problems, both macroscopically (as threats to birds, reptiles and fish) and microscopically:

Environmental Toxicity and Biotoxicity of Polyethylene, from ScienceDirect 1 Sep 2022, Zhuang Yao et al.:

Regardless of where the polyethylene waste comes from, its accumulation in the environment is bound to cause serious problems. Estimates indicate that about 79% of polyethylene waste is sent to landfills (Canopoli et al., 2018, Ritchie and Roser, 2018). Over time, this waste will undergo a natural light oxidation process. The sun’s warmth and ultraviolet rays will fragment some of the C-H bonds in the polymer structure to release the additives and plasticizers from the polymer into the environment and generate greenhouse gases (Iskander et al., 2016). This is a serious challenge to global warming and ozone depletion.

With this in mind, in Nov 2021 the Nevada City Rotary teamed with the TREX corporation in an effort to collect plastic film and have it delivered to TREX, for them to use in the creation of outdoor decking and furniture, thus keeping it in the “circular economy”. We placed collection bins at six local retail and public sites, and also did pick-ups directly from five different merchants.

RESULTS: Within six months of initiation, we were picking up 700-800 lbs of plastic film monthly and taking the bags to the back of SaveMart Grocery in Grass Valley; their trucks transport the plastic to their regional HQ from where TREX picks them up. (Since the Grass Valley Rotary Club joined this effort, NC Rotary Club collections average 300-400 lbs/month.)

Item # 2.

We believe our small program has just begun to uncover the potential for collecting plastic film in our county, and if this option were available to all merchants, as well as the general public, vast amounts of plastic could be collected and diverted from the landfill. However, our small Rotary Club is not capable of continuing, let alone expanding, these efforts.

NEXT STEPS: We have been in discussion with staff from Nevada County since early 2023 (led by Ariel Lovett) to discover if there is a path toward collaboration on this project. A variety of solutions have been looked at but have not been feasible, including:
-WM develop a new waste stream and collect plastic film from homes and businesses: they do not have funds or personnel for a new waste stream - Nevada County provide a site for collection, with funding for staff time to come from a suitable grant: no site or grant available
- A non-profit with similar mission take this on, with Rotarians helping: it did not “pencil out” for InterFaith Food Ministry to take this on; other nonprofits have not been explored -Collaborate with a site, e.g. supermarket (Safeway, SaveMart) which is already transporting plastic film to Trex, but expand the program to the public: None appears to have a big enough footprint for this, although this option has not been fully explored
-Encourage a small entrepreneur to take this on: Gil Matthew of the ERC reported that his numbers show that this would not pencil out as a small business
Since it turns out that most of the plastic film that is generated in Nevada Co. comes from Grass Valley, we are now turning to you, the GV City Council, to ask for your input and thoughts. Specifically, here is how we envision the project’s needs:

1. A site for collection of plastic film donations that has either a circular driveway, or room for cars to enter and exit

2. A spot within that site approximately 20 ft by 30 ft, for the baler.

3. A protected area such as a shed, to store the bales until Trex could come to pick them up: they will not send a truck down from their Nevada factory until we have 1/2 a semi-truck load of bales which could take several months to accumulate

4. The baler itself can likely be leased or rented from Trex for approximately $200/month

Item # 2.

5. Staff to operate the baler during or after collections, which could be just once or twice a month. Suggestions have been made that funds for this staffing might come from a grant from Cal Recycles or other sources, although so far, County staff have not been able to find an applicable grant.

We will be grateful to you for any suggestions you may have that could make the collection, storage, and repurposing of this important environmental contaminant a reality.

Many thanks for your consideration.

Christine Newsom 530-913-2922
Nevada City Rotary Club
Chair, Environmental Sustainability committee

Item # 2.

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, January 28, 2025 at 6:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected] Web Site: www.cityofgrassvalley.com

MINUTES
Mayor Hilary Hodge, Vice Mayor Haven Caravelli, Councilmember Jan Arbuckle, Councilmember Joe Bonomolo, Councilmember Tom Ivy

CALL TO ORDER
Meeting called to order at 6:00PM.

PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Mayor Hodge.

ROLL CALL

PRESENT
Councilmember Jan Arbuckle
Councilmember Joe Bonomolo
Vice Mayor Haven Caravelli
Mayor Hilary Hodge
ABSENT
Councilmember Tom Ivy

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

Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Vice Mayor Caravelli, Mayor Hodge

INTRODUCTIONS AND PRESENTATIONS

1. Measure B Update
Mark Buttron, Fire Chief, gave update to Council.

2. Joint presentation between the City and Nevada Irrigation District about Water Supply Resiliency and Sustainability.

Trever van Noort, City Utilities Director, and Chip Close with Nevada Irrigation District gave presentation to Council.

Councilmember Bonomolo asked about how the water plants are replenished.

Item # 5.

City of Grass Valley, CA MINUTES January 28, 2025

PUBLIC COMMENT
Public Comments 1-9
Virtual Public Comment: Matthew Coulter

CONSENT ITEMS
Motion made to approve the consent by Councilmember Arbuckle, Seconded by Vice Mayor Caravelli.

Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Vice Mayor Caravelli, Mayor Hodge

3. Approval of the Regular Meeting Minutes of January 14, 2025.

Recommendation: Council approve minutes as submitted.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

ADMINISTRATIVE

4. City of Grass Valley Strategic Plan Update
CEQA: Not a Project
Recommendation: Staff is seeking direction from the City Council on the next steps for updating or developing a new City of Grass Valley Strategic Plan. Based on input from the January 14, 2025, Council Meeting, the options are: 1. Conduct a comprehensive update of the City’s current strategic plan while retaining the existing Mission, Vision, and Core Values, and reaffirming the City’s key goals, objectives, and projects. 2. Defer the comprehensive update to next year, allowing the City Council to evaluate the current short-, medium-, and long-term projects as part of the planning process.

Council’s input will help determine the preferred approach and timeline for this important initiative.

Tim Kiser, City Manager, presented the options to Council for consideration.

Public Comment Lily Marie Mora, Shirley Osgood, & Matthew Coulter.

Councilmembers commented on the uncertainty of the next 6-12 months, working with the community and gauging the budget.

Council directed staff to follow option 2 and defer the comprehensive update to next year, allowing the City Council to evaluate the current short-, medium-, and long-term projects as part of the planning process.

5. Transition to internally managed Information Technology operations and reduce outside managed service provider reliance
CEQA: Not a project
Recommendation: That the Council approve the transition of Information Technology in-house, by: (1) Approving the creation of the IT Manager job description, associated salary range, and employment contract, subject to legal

Item # 5.

City of Grass Valley, CA MINUTES January 28, 2025
review; (2) authorizing the reclassification, associated salary range, and job description of the Information Systems Analyst to a flexibly staffed I/II position, subject to legal review; (3) approving the agreement with the City’s Managed Services Provider (MSP), subject to legal review; and (4) directing the Finance Director to make the necessary budget adjustments and amendments to support these staffing and MSP Agreement changes.

Alex Gammelgard, Grass Valley Police Chief, presented to Council with help from Bradford Kalstein, current City Information Technology Analyst.

Council asked if the new position would be remote or in house.

Motion made to approve the transition of Information Technology in-house, by: (1) Approving the creation of the IT Manager job description, associated salary range, and employment contract, subject to legal review; (2) authorizing the reclassification, associated salary range, and job description of the Information Systems Analyst to a flexibly staffed I/II position, subject to legal review; (3) approving the agreement with the City’s Managed Services Provider (MSP), subject to legal review; and (4) directing the Finance Director to make the necessary budget adjustments and amendments to support these staffing and MSP Agreement changes.by Councilmember Arbuckle, Seconded by Councilmember Bonomolo.

Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Vice Mayor Caravelli, Mayor Hodge

BRIEF REPORTS BY COUNCIL MEMBERS
Vice Mayor Caravelli attended the ERC Executive Committee meeting, Arts meetings, met with CalRecycle, and was a panelist for the CALED Economic Development Exchange meeting. Councilmember Bonomolo met with GVDA and The Chamber, spoke with business owners in the City, and spoke about the Grass Valley Police Officers Association purchasing binoculars for a local young boy that lost his. Councilmember Arbuckle spoke to the changes with Waste Management and current State mandates, attended the GVDA joint Chamber meeting, a public safety policy meeting and Countywide Oversight Committee. She also attended a Law and Fire meeting about the Red Light Ball. Mayor Hodge attended the Community Garden meeting at Mautino Park, the Board of Supervisors annual workshop, and the local Youth & Government Session.

ADJOURN
Meeting adjourned at 7:28PM.
______________________________ ___________________________ Hilary Hodge, Mayor Taylor Whittingslow, City Clerk
Adopted on:_____________

Item # 5.

Item # 5.

Item # 5.

Item # 5.

Item # 5.
1 Miranda Bacon
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Tuesday, January 28, 2025 6:37 PM
To: Public Comments
Subject: Voicemail from ( on Jan 28 2025 6:33 PM
Attachments: 1738118036-0000133f.mp3

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You received a new voicemail message

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New voicemail message
Time: Tuesday, January 28 2025 6:33 PM
From: (
Duration: 1 minute 32 seconds
Voicemail box: 8880
Transcript:

Hi, this is Matthew Coulter for Public Comment, City Council meeting, and I'd like to start with the new speed bump at the corner of Mill and Main, very dangerous for motorcycles, low vehicles. Once people go over that, they seem to not be interested in stopping at the second crosswalk because they've already come to a halting, jolting stop with that speed bump. I feel bad for an ID that has large trucks that go over it multiple times a day. Also the clock, it would be nice to fix the clock. It's not that hard to do. I could help you with that. More importantly, GVPD has some rogue officers, and this is a big problem, and it's a big problem for the city. It's a big problem for the city manager and city lawyer. So I suggest you reel those folks in.

The environmental crimes that are happening along Wolf Creek, along Railroad Avenue, and Idaho-Maryland Road with the destruction, cutting down the 150-yearold trees is ongoing, which is very sad, as well as the pipe that's in South Fork of Wolf

Item # 5.
2 Creek that is keeping the animals from traversing the creek as well as the fish. Thank you.

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Item # 5.
1 Miranda Bacon
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Tuesday, January 28, 2025 6:57 PM
To: Public Comments
Subject: Voicemail from ( on Jan 28 2025 6:56 PM
Attachments: 1738119369-00001344.mp3

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You received a new voicemail message

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New voicemail message
Time: Tuesday, January 28 2025 6:56 PM
From: (
Duration: 43 seconds
Voicemail box: 8880
Transcript:

Hi this is Matthew Coulter commenting on the strategic plan update and I'm a little surprised you guys are going through this. I guess it's just to exercise because you don't follow your own rules. You have handbooks that are clearly lay out things that are broken on a daily basis by the city. It'd be great for you guys to follow the things that are already in writing and go from there instead of reinventing the wheel and putting in hundreds of hours of staff time to doing things that even make it easier for you to not do your jobs. Thank you.

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Item # 5.
1 Miranda Bacon
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Tuesday, January 28, 2025 7:11 PM
To: Public Comments
Subject: Voicemail from on Jan 28 2025 7:10 PM
Attachments: 1738120209-00001349.mp3

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You received a new voicemail message

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New voicemail message
Time: Tuesday, January 28 2025 7:10 PM
From:

Duration: 19 seconds
Voicemail box: 8880
Transcript:

Yes, I'd like to know if the technology expert for the police department is hacking into people's private information, if that's allowed by the GVPD to do to people's information. Thank you.

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Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Tablet Command Mobile Incident Command and Response Solution Purchase CEQA: Not a project
Recommendation: That the Council 1) Approve the Fire Chief to enter into an agreement, subject to legal review, with the County of Nevada for the reimbursement of funds related to the purchase and integration of Tablet Command for the Fire Services in Nevada County; and 2) Authorize the Finance Director to execute any necessary budget adjustments or fund transfers to facilitate this process.

Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 02/11/2025 Date Prepared: 02/03/2025 Agenda: Consent
Background Information: The City has been engaged in discussions with the County of Nevada to secure fiscal assistance for the startup costs and integration of Tablet Command. Under the terms of the agreement, the City will cover the initial expenses, with the County of Nevada reimbursing these costs. The County has expressed overwhelming support for the purchase and implementation of Tablet Command, recognizing its value in strengthening emergency response capabilities through this collaborative partnership.

In March 2025, the current software platform, Incident View, utilized by the majority of county fire agencies, will be shut down and no longer supported. Incident View has served as a critical tool for incident information, routing, limited Automatic Vehicle Location (AVL), hydrant locations, and other fire-related informational needs for many years. It has been funded through Homeland Security Grant Funds provided by the Nevada County Office of Emergency Services.

Tablet Command has been identified as the optimal replacement for Incident View.

This two-way software offers significant enhancements, including real-time dispatch capabilities, full-function AVL, Mobile Data Terminal (MDT) functionality for pushbutton responses to reduce radio traffic, and incident origination. Tablet Command provides global situational awareness and a shared operating picture for all responders in Nevada County, achieved through integration with the Computer-Aided Dispatch (CAD) system operated by CAL FIRE’s Grass Valley Emergency Command Center (ECC).

Item # 6.

Key Highlights of Tablet Command:
 Automatic Vehicle Location (AVL):
o Dispatchers can monitor all emergency equipment in real-time. o CAD automatically assigns the closest resource to an incident, improving response times.
 Real-Time Situational Awareness:
o Incident Commanders can view responding resources in real time, enhancing situational awareness and firefighter safety.  Incident Routing:
o Provides precise and efficient routing to incident locations.  Mobile Data Terminal (MDT) Functionality:
o Firefighters can update their status (e.g., responding, on scene) via a status button on the iPad, reducing radio transmissions. o Responses are time-tamped immediately in CAD, ensuring accurate data tracking.
 Incident Command and Control:
o Incident Commanders can manage resources directly through Tablet Command, even while en route to an incident.
o Enables tracking of resources at incidents, down to individual firefighters assigned to fire engines.
o Improves accountability and enhances situational awareness for all incidents.

Benefits of Implementing Tablet Command:

The adoption of Tablet Command will:
 Significantly improve interoperability among all fire agencies within Nevada County including Truckee.
 Interoperability with Emergency Medical Services providers  Enhance regional response capabilities.
 Increase situational awareness for all responders.
 Improve safety for both firefighters and the communities they serve.

The purchase of Tablet Command will enable a seamless transition from Incident View, ensuring uninterrupted service and operational improvements. We believe this investment aligns with the recent MSR recommendation to utilize AVL for dispatching.

The urgency of this purchase and implementation cannot be overstated. All fire agencies and our EMS partners rely heavily on the information these software programs provide. These tools are essential for:
 Dispatch information and operational notes
 Fire hydrant locations
 AVL (Automatic Vehicle Location) of responding resources  Resource coverage and incident routing

Item # 6.

As previously highlighted, all fire agencies are committed to adopting Tablet Command, fostering a truly regional approach to information sharing and integration.

Associated Costs for Implementation:
 Peraton integration with Grass Valley Emergency Command Center CAD:
$23,142.00
 Tablet Command integration with Grass Valley Emergency Command Center:
$30,000.00
 Total Estimated Cost: $54,000.00 (+/-)
Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: $54,000
Funds Available: Yes Account #: Fire Reserve Fund
Reviewed by: Tim Kiser, City Manager

Item # 6.
361345.1
City of Grass Valley
City Council
Agenda Action Sheet
Title: Nevada County Multi-Jurisdictional Hazard Mitigation Plan CEQA: Not a project as defined by the Public Resources Code section 21065 and CEQA Guidelines sections 15060 and 15378.

Recommendation: That Council adopt Resolution 2025-01 to adopt and approve the draft Nevada County Multi-Jurisdictional Hazard Mitigation Plan and authorize staff to make necessary changes if required by FEMA
Prepared by: Mark Buttron, Fire Chief & Amy Wolfson, City Planner Council Meeting Date: 2/11/2025 Date Prepared: 2/4/2025 Agenda: Consent
Background Information: The Disaster Mitigation Act of 2000 requires all jurisdictions to be covered by a Pre-Disaster Hazards Mitigation Plan in order to be eligible for Federal Emergency Management Agency pre and post disaster mitigation funds. The plan seeks to reduce risk associated with natural hazards, whether it be severe thunderstorm, flood, severe winter weather, drought, heat wave, earthquake, dam failure, or wildfire. It also recognizes the importance of enhancing the ability for jurisdictions to withstand natural hazards as well as the importance of reducing human suffering, property damage, interruption of public services and economic losses caused by those hazards.

The City of Grass Valley fully participated in the Federal Emergency Management Agency prescribed mitigation-planning process to prepare this Multi-Jurisdictional Hazards Mitigation Plan, available to view at the following webpage: 2024 Nevada County Multijurisdictional Hazard Mitigation Plan - City of Grass Valley
Seven local jurisdictions, including Grass Valley, participated in the planning process and will be adopting the plan. The 2024 draft plan is organized into two volumes: Volume I includes all information that applies to all of Nevada County; and Volume II includes specific information for each participating jurisdiction. Chapter 3 of Volume II outlines the goals and strategies specific to the City of Grass Valley. The City of Grass Valley identifies a total of 9 mitigation actions, summarized in Table 3-19 of the plan, attached, that have the potential to reduce the effects of hazards of concern, such as wildfire and floods. The actions are dependent on available funding and may be modified or omitted based on identification of new hazards or new city priorities.

The draft plan has been completed and tentatively approved by the California Office of Emergency Services and is currently under review by the Federal Emergency Management Agency Region IX.

Council Goals/Objectives: Adoption of this Hazard Mitigation Plan supports 2022 Strategic Plan Update Goal # 6: the City of Grass Valley is devoted to providing a safe place to live, work and play.

Fiscal Impact: None

Item # 7.
361345.1
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
 HMP Table 3-19, Summary of Prioritization of Actions
 Resolution 2025-01 to adopt and approve the draft Nevada County Multi-Jurisdictional Hazard Mitigation Plan

Item # 7.
2024 Nevada County Hazard Mitigation Plan (Public Review Draft) City of Grass Valley Annex 3-28
TABLE 3-19. SUMMARY OF PRIORITIZATION OF ACTIONS
Scores for Evaluation Criteria
Project
Number Project Name
Life SafetyProperty ProtectionCostEffectivenessPoliticalLegalFiscalEnvironmentalSocialVulnerabilityAdministrativeHazards of ConcernClimate ChangeTimelineCommunity LifelinesOther LocalObjectivesTotal High /
Medium /
Low
2024-Grass
Valley-01
Integrate Local Hazard
Mitigation Plan into
Safety Element of
General Plan
1 1 1 0 0 1 1 1 1 1 1 0 1 1 11 High
2024-Grass
Valley-02
Assessing Unreinforced
Masonry Structures in
the City
1 1 1 0 0 1 1 1 1 1 1 0 1 1 11 High
2024-Grass
Valley-03
Improve (relocate)
sewer pipes in identified
problem areas near
waterways and other
sensitive areas
1 1 1 0 1 1 1 1 1 1 1 0 1 1 12 High
2024-Grass
Valley-04
Storm Water Drainage
Improvements
1 1 1 0 0 1 1 1 1 0 1 0 1 1 10 Medium
2024-Grass
Valley-05
Subsidence 1 1 1 0 0 1 1 1 1 1 1 0 1 1 11 High
2024-Grass
Valley-06
Public Education – Fire,
Other Events
1 0 1 1 0 1 1 1 1 1 0 0 1 1 10 Medium
2024-Grass
Valley-07
Substantial Damage
Management Plan
1 1 1 0 0 1 1 1 1 1 1 0 1 1 11 High
2024-Grass
Valley-08
Capital Improvement
Plan (CIP) Update
1 0 1 1 0 1 1 1 1 1 1 0 1 1 11 High
2024-Grass
Valley-09
Repetitive Loss
Mitigation
1 1 1 0 0 0 1 1 1 0 1 0 0 1 8 Medium
Note: Volume I, Section 6 (Mitigation Strategy) conveys guidance on prioritizing mitigation actions. Low (0-6), Medium (7-10), High (11-14).

Item # 7.
194778.1
RESOLUTION NO. 2025-01

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF GRASS VALLEY APPROVING THE NEVADA COUNTY

MULTIJURISDICTIONAL HAZARD MITIGATION PLAN
WHEREAS, the City of Grass Valley recognizes the threat that natural hazards pose to the health, safety, and welfare of persons and property within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to persons and property from future hazard occurrences; and WHEREAS, the United States Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”), emphasizing the need for pre-disaster mitigation of potential hazards; and
WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and
WHEREAS, an adopted Local Hazard Mitigation Plan (“LHMP”) is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency (“FEMA”) pre- and post-disaster mitigation grant programs; and WHEREAS, the City of Grass Valley fully participated in the FEMA-prescribed mitigation planning process to prepare the Nevada County LHMP; and WHEREAS, the California Office of Emergency Services and FEMA, Region IX officials have reviewed the Nevada County LHMP and approved it contingent upon this official adoption of the participating governing body; and WHEREAS, the City of Grass Valley desires to comply with the requirements of the Disaster Mitigation Act and to enhance its emergency planning efforts by formally adopting the Nevada County LHMP; and
WHEREAS, adoption of the Nevada County LHMP demonstrates the City’s commitment to fulfilling the mitigation goals and objectives outlined in the LHMP; and WHEREAS, adoption of the LHMP legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan.

Now, therefore, the City Council of the City of Grass Valley does hereby resolve as follows:

Item # 7.

City of Grass Valley
Resolution No. 2025-01

2 194778.1
SECTION 1. That the City of Grass Valley authorized the adoption of the 2024 Nevada County Multi-jurisdictional Hazard Mitigation Plan as an official hazard mitigation plan; and
SECTION 2. This Resolution shall be effective immediately upon its adoption.

SECTION 3. The City Clerk shall certify the adoption of this Resolution and certify this record to be a full true, correct copy of the action taken.

PASSED AND ADOPTED by the City Council of the City of Grass Valley at a regular meeting held the 11th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
____________________________________
Hilary Hodge, Mayor
City of Grass Valley
ATTEST:
________________________________
Taylor Whittingslow, Deputy City Manager
City of Grass Valley
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
City of Grass Valley
Exhibit A: The 2024 Nevada County Multi-jurisdictional HMP can be viewed in its entirety at www.cityofgrassvalley.com/pod/2024-nevada-county-multijurisdictional-hazard-mitigation-plan

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Adopt Resolution No. 2025-02 Declaring Equipment Surplus and Authorizing Disposition of Equipment.

Recommendation: It is recommended that the City Council adopt Resolution No. 2025- 02, declaring the listed vehicles as surplus and authorizing their disposition.

Prepared by: Jennifer Styczynski, Deputy Finance Director Council Meeting Date: 02/11/2025 Date Prepared: 02/04/2025 Agenda: Consent
Background Information: In accordance with Government Code Section 37350, the City is authorized to declare items surplus. The City of Grass Valley has identified various equipment and vehicles that are considered surplus. A detailed list of these items is attached for reference. These items will either be sold at auction through Ritchie Brothers Auctions or sold as scrap if the transportation costs to the auction exceed the value of the item.

Council Goals/Objectives: This Resolution aligns with Strategic Goal #5 - High Performance Government and Quality Services.

Fiscal Impact: Revenues generated from the auction and sale of scrap will help offset future vehicle and equipment purchases for the City.

Funds Available: N/A Account #: Various Accounts
Reviewed by: City Manager
Attachments: Resolution 2025-02
Surplus Vehicles and Equipment for Auction

Item # 8.

RESOLUTION NO. 2025-02

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

EQUIPMENT SURPLUS AND AUTHORIZING DISPOSITION OF EQUIPMENT WHEREAS, the City Council may, pursuant to Government Code Section 37350, from time to time declare as surplus property certain personal property of the City which for reasons of wear and tear, defect or obsolescence deems the item unsafe or no longer useful to the City; and
WHEREAS, sections 3.08.220 to 3.08.270 of the Grass Valley Municipal Code authorize the disposal of surplus City property; and
WHEREAS, whenever the City Council declares such personal property as surplus it may dispose of same when said disposal is for the benefit of the City and its constituents.

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

1. That all the above recitals are true and correct.

2. That the attached list of equipment is no longer needed for municipal purposes and is hereby considered surplus.

The City Manager is hereby authorized to dispose of the subject equipment in a costeffective manner.

PASSED AND ADOPTED as a Resolution of the City Council of the City of Grass Valley at a regular meeting held on the 11th day of February 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN: ____________________________
Hilary Hodge, Mayor
City of Grass Valley
ATTEST:
________________________________
Taylor Day Whittingslow, City Clerk
City of Grass Valley
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
City of Grass Valley

Item # 8.

SURPLUS VEHICLES AND EQUIPMENT FOR AUCTION
FEBRUARY 11, 2025
Note: The diesel fueled vehicles no longer meet California emission requirements.

Veh.
#
Year/Make/
Model
Dept. VIN or ID # License
#
Operable Condition Fuel
1102 2011
International
Dump Truck
Streets 1HTWDAARXBJ384124 1364183 Yes Fair Diesel
0102 2001 Ford F350
Dump Truck
Streets 1FDWF37F71EC01690 1109741 No Bad Engine Diesel
7401 1974 John
Deere Tractor
Parks 206569T Yes Fair Diesel
9001 1990 John
Deere Tractor
Parks M00955DO16289 No Fair Diesel
0902 2009 Ford
Escape Hybrid
General 1FMCU59349KA12886 1262408 No Hybrid
Battery
Unleaded

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Introduction of an ordinance amending Chapter 5.56 of Title 5 of the Grass Valley Municipal Code regulating Tobacco Retailers.

Recommendation: Introduce the attached ordinance, waive full reading, and read by title only
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: 02/11/2025 Date Prepared: 02/06/2025 Agenda: Administrative
Background Information: The City’s current Tobacco Retailer Licensing Ordinance was adopted in 2009. Since its adoption, significant changes have occurred in the tobacco and nicotine product landscape, including the rise of e-cigarettes, flavored tobacco products, and an increase of businesses that primarily sell tobacco and tobacco related products. The outdated ordinance lacks sufficient wording to properly regulate these emerging products and fails to comprehensively address public health concerns.

In an effort to modernize our municipal code and close existing loopholes, the attached ordinance will help regulate and strengthen numerous health protections regarding how tobacco retailers conduct business within the city limits of Grass Valley.

To further our public health goals, the updated ordinance will make a distinction between business that sell tobacco as a supplemental product (IE: gas stations and grocery stores) and businesses that primarily sell tobacco/tobacco products (IE: smoke shops and headshops). The latter is defined as a “significant” tobacco retailer and will consequently have additional regulations.

These regulations include limiting significant tobacco retailer locations to 1,000 feet from a youth-oriented facility (IE: schools, playgrounds, youth centers, etc.). However, already established significant tobacco retailers in violation of this proximity update will be grandfathered in. Our current ordinance has no provision for this restriction.

Our current ordinance also allows for an unlimited number of significant tobacco retailers within our community. The updated ordinance will cap the number of significant tobacco retailers to one for every 3,000 Grass Valley residents. Again, existing retailers will be grandfathered in. Furthermore, the clustering of tobacco retailers will be prohibited and a 500’ distance between newly-applying significant tobacco retailers will be required.

Item # 9.

To help create a healthier community the updated ordinance will also streamline the violation process for tobacco retailers who are found in violation of the ordinance (IE:
selling tobacco to a juvenile). If a tobacco retailer is found in violation their license will be suspended for up to 30 days, and each subsequent violation increases in number until the license is revoked on the fourth violation. Additionally, tobacco retailers will be banned from selling nitrous oxide canisters to our community, although this will not affect major grocery stores or non-tobacco retailers, who wish to sell small canisters as a food propellant.

Additionally, new wording to the ordinance will close the loophole where violating tobacco retailers can change the name of ownership to circumvent punitive action. This updated ordinance allows the City of Grass Valley to demonstrate our commitment to fostering a healthier, safer environment for children and adults alike.

Council Goals/Objectives: The execution of this action attempts to achieve the following Strategic Goals:

GOAL #1: COMMUNITY & SENSE OF PLACE
GOAL #2: SAFE AND RELIABLE TRANSPORTATION SYSTEM
GOAL #6 – SAFE PLACE TO LIVE, WORK AND PLAY
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: Revised Ordinance

Item # 9.
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ORDINANCE NO. 25-_________

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRASS VALLEY AMENDING CHAPTER 5.56
OF TITLE 5 OF THE GRASS VALLEY MUNICIPAL

CODE REGULATING TOBACCO RETAILERS

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY SECTION 1. CODE ADOPTION. Chapter 5.56 (“Tobacco Retailer License”) of Title 5 (“Business Licenses and Regulations”) of the Grass Valley Municipal Code is hereby amended and restated as set forth in Exhibit “A” attached to this Ordinance and incorporated by reference.

SECTION 2: CEQA FINDINGS. This Ordinance sets out the rules and regulations pertaining to tobacco retailer licenses. As a purely administrative and regulatory action, it will not affect the physical environment. This Ordinance is not a project within the meaning of California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, title 14, section 15378 because it has no potential to result in physical change in the environment, directly or indirectly. It is also exempt from CEQA review under CEQA Guidelines, California Code of Regulations, title 14, section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is for any reason 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 hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of 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 4. INCONSISTENT PROVISIONS. Any provision of the Grass Valley Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to give effect to this Ordinance.

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SECTION 5. EFFECT OF ADOPTION. 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 pursuant to 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 _____ day of __________________, 2025.

FINAL PASSAGE AND ADOPTION by the City Council was at a meeting thereof held on the _____ day of __________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
________________________________
Hilary Hodge, Mayor
APPROVED AS TO FORM:
________________________________
Michael G. Colantuono, City Attorney
ATTEST
________________________________
Taylor Whittingslow, City Clerk

Item # 9.
377196.7

EXHIBIT A
Chapter 5.56: TOBACCO RETAILER LICENSE
Section 5.56.010 – Definitions.

The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction.

B. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

C. “Cannabis product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

D. “Cannabis retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time.

E. “Child-resistant packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.

F. “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than

4.5 pounds per thousand.

G. “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

H. “Compliance checks” means systems the Department uses to investigate and ensure that tobacco retailers are following and complying with the

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requirements of this chapter. Compliance checks may involve the use of persons between the ages of 16 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the Department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.

I. “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

J. “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or appbased service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.

K. “Department” means the Grass Valley Police Department and any agency or person designated by the Department to enforce or administer the provisions of this chapter.

L. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

M. “Flavored tobacco product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.

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N. “Full retail price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

O. “Little cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

P. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.

Q. “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

R. “Nitrous oxide” means a colorless, nonflammable gas (N2O) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is oftentimes called “laughing gas.”
S. “Nitrous oxide device” means any cartridge, compressed gas cylinder, apparatus, container, or other device intended or designed to be used to contain or dispense or administer nitrous oxide.

T. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

U. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

V. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole

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interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business.

W. “Recreation facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.

X. “Sale” or “sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

Y. “Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct faceto-face transfer between the purchaser and the retailer or employee of the retailer.

A vending machine is a form of self-service display.

Z. “Significant tobacco retailer” means any tobacco retailer for which the principal or core business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by any of the following: 1% or more of floor or display area is devoted to tobacco products, tobacco paraphernalia, or both; 20% or more of gross sales receipts are derived from tobacco products, tobacco paraphernalia, or both; or 20% or more of completed sales transactions include tobacco products or tobacco paraphernalia.

AA. “Smoking” means inhaling, exhaling, burning, possessing, or carrying any lighted or heated cigar, cigarette, tobacco product, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, synthetic nicotine, nicotine analog, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.

BB. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for and/or capable of being used for the smoking, preparation, storing, or consumption of tobacco products. It does not include lighters, matches or other ignition products.

CC. “Tobacco product” means:

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1. any product containing, made of, or derived from tobacco, nicotine, synthetic nicotine, and/or nicotine analog that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

DD. “Tobacco retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.

EE. “Tobacco retailing” means engaging in the activities of a tobacco retailer.

FF. “Youth-oriented facility” means a parcel in the city that is occupied by:

1. a private or public kindergarten, elementary, middle, junior high, or high school;

2. a library open to the public;

3. a playground open to the public;

4. a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;

5. a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes;

6. a park open to the public or to all the residents of a private community;

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7. a licensed child-care facility or preschool other than a small-family day care home or a large-family day care home as defined in California Health & Safety Code § 1596.78;
Section 5.56.020 – General requirements and prohibitions.

A. TOBACCO RETAILER’S LICENSE REQUIRED. It shall be unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. LAWFUL BUSINESS OPERATION. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. SMOKING PROHIBITED. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.

D. MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. POSITIVE IDENTIFICATION REQUIRED. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government issued photographic identification that the recipient is at least 21 years of age.

G. SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited.

H. ON-SITE SALES. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products

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to any person that intends to engage in the delivery sale of the tobacco product in the city.

I. NITROUS OXIDE. It shall be unlawful for a tobacco retailer to sell, offer, distribute, or otherwise provide to any person nitrous oxide or a nitrous oxide device. This section shall not apply to:

1. The administration of nitrous oxide by a medical or dental practitioner licensed by the state or at the direction or under the supervision of a practitioner licensed by the state for the purpose of providing medical or dental care;

2. The sale or distribution of nitrous oxide as a propellant in food products such as whipped cream by Tier one commercial edible food generators, as defined in Section 8.24.010;

3. The sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification system (NAICS); or

4. Any other sale or distribution under an express exemption pursuant to Penal Code sections 381b through 381e.

Section 5.56.030 – Sale of flavored tobacco products prohibited.

A. FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

B. PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

Section 5.56.040 – Tobacco product pricing and packaging.

A. PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable childresistant packaging requirements.

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B. DISPLAY OF PRICE. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS. It is unlawful for any person to distribute free or nominally priced tobacco products.

D. PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailer shall:

1. honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

2. sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or

3. provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

Section 5.56.050 – Limits on eligibility for a tobacco retailer license.

A. MOBILE VENDING. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.

B. LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10.

C. PHARMACIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

D. PROXIMITY TO YOUTH-ORIENTED FACILITIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing by a significant tobacco retailer within 1,000 feet of a youth oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located.

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1. Notwithstanding the forgoing, a tobacco retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as:
i. the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); ii. the significant tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than 60 consecutive days;
iii. the significant tobacco retailer does not substantially change the business premises or business operation; and
iv. the significant tobacco retailer retains the right to operate under other applicable laws, including without limitation the city’s development code, building codes, and business license ordinance.

E. PROXIMITY TO OTHER SIGNIFICANT TOBACCO RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing by a significant tobacco retailer within 500 feet of a significant tobacco retailer location already licensed pursuant to this chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing significant tobacco retailer’s business is located.

1. Notwithstanding the forgoing, a significant tobacco retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as:
i. the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); ii. the significant tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than 60 consecutive days;
iii. the significant tobacco retailer does not substantially change the business premises or business operation; and

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iv. the significant tobacco retailer retains the right to operate under other applicable laws, including without limitation the city’s development code, building codes, and business license ordinance.

F. PROXIMITY TO CANNABIS RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing by a significant tobacco retailer within 2,000 feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer’s business is located.

1. Notwithstanding the forgoing, a tobacco retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as:
i. the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); ii. the significant tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than 60 consecutive days;
iii. the significant tobacco retailer does not substantially change the business premises or business operation; and
iv. the significant tobacco retailer retains the right to operate under other applicable laws, including without limitation the city’s development code, building codes, and business license ordinance.

G. POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:

1. The total number of tobacco retailer licenses issued to significant tobacco retailers within the city shall be limited to one for each 3,000 inhabitants of the city.

2. For the purposes of this subsection, the total population of the city shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. For purposes of calculating the limit established by this

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subsection, a fraction of .5 or more shall be rounded up to the next whole number. A fractional amount of less than .5 shall be rounded down to the next whole number.

3. No new license may issue to authorize tobacco retailing by a significant tobacco retailer if the number of significant tobacco retailers already issued equals or exceeds the total number authorized pursuant to subsection (1).

4. Notwithstanding the forgoing, a significant tobacco retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as:
i. the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); ii. the significant tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than 60 consecutive days;
iii. the significant tobacco retailer does not substantially change the business premises or business operation; and
iv. the significant tobacco retailer retains the right to operate under other applicable laws, including without limitation the city’s development code, building codes, and business license ordinance.

Section 5.56.060 – Application Procedure.

A. An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Department.

B. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section

5.56.130(C) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

C. Applicant submissions shall contain the following information:

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1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the location for which a license is sought.

3. The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.

4. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products, and if so, the dates and locations of all such violations within the previous five years.

6. A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this chapter.

7. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

D. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within 10 business days of a change.

Section 5.56.070 – License issuance or denial.

A. ISSUANCE OF LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this chapter, the Department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.

B. DENIAL OF APPLICATION. The Department may deny an application for a tobacco retailer’s license based on any of the following:

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1. The information presented in the application is inaccurate or false.

Intentionally supplying inaccurate or false information shall be a violation of this chapter;

2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued;

3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued; or

4. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law.

5. Any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this chapter and other laws relating to the sale of tobacco products.

5.56.080 – License renewal and expiration.

A. RENEWAL OF LICENSE. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is 1 calendar year. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than 30 days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section 5.56.060.

5.56.090 – Licenses not transferable, past violations at retail location.

A. LICENSES NOT TRANSFERRABLE. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietors.

B. PAST VIOLATIONS. Notwithstanding any other provisions of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. the location has been transferred to new proprietor(s) in an arm’s length transaction;

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2. the new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm’s length transaction; and

3. no former proprietor retains any ownership or managerial interest in the location.

5.56.100 – License conveys a limited, conditional privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit.

Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.

5.56.110 – Fee for license.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the city council. The fee shall be calculated so as to recover the total cost of administration and enforcement of this chapter, including, but not limited to, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

5.56.120 – Compliance Monitoring.

A. Compliance with this chapter shall be monitored by the Department. In addition, the city may designate additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours.

B. The Department may inspect each tobacco retailer 1 or more times in a 12 month period to ensure compliance with this chapter.

C. The Department may conduct 1 or more compliance checks per 12-month period that involves the participation of persons between the ages of 16 and 20 to enter licensed premises to attempt to purchase tobacco products.

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D. The Department may examine and audit the books, business records, and inventory of a tobacco retailer to ensure compliance with this chapter upon request during regular business hours.

E. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.

5.56.130 – Suspension or revocation of license.

A. SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a tobacco retailer’s license may be suspended or revoked if the Department finds, based on a preponderance of the evidence, that the licensee, or any of the licensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of this chapter; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section 5.56.020 above. Enforcement shall be stayed during the pendency of an appeal which is properly and timely filed, unless a stay would jeopardize public health, safety, or welfare. During any period of license suspension, all tobacco products must be removed from public view.

1. Upon a finding by the Department of a first violation of this chapter at a location, the license may be suspended for up to 30 days.

2. Upon a finding by the Department of a second violation of this chapter at a location within any 5-year period, the license may be suspended for up to 90 days.

3. Upon a finding by the Department of a third violation of this chapter at a location within any 5 year period, the license may be suspended for up to 1 year.

4. Upon a finding by the Department of four or more violations of this chapter at a location within any 5 year period, the license may be revoked.

B. APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable. Any appeal must be filed in writing with the City Clerk within 10 days of receipt of the Department’s decision.

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1. The appeal must be in writing on a form provided by the City, state the specific reasons for the appeal and the grounds asserted for relief, and be accompanied by a nonrefundable appeals processing fee set by City Council resolution. The failure to file an appeal within the time or in the manner prescribed in this section, or to include the appeals processing fee, waives the right to appeal. If such an appeal is timely made, it shall stay enforcement of the appealed action.

2. Upon timely receipt of a written request for a hearing, the City Clerk shall schedule a hearing which shall be held no later than 30 calendar days after receipt of the request for hearing. The City Clerk shall serve a notice of hearing on the licensee at least 10 calendar days prior to the scheduled date of the hearing.

3. The Department shall have the burden of proof during the hearing, and shall prove by a preponderance of the evidence that the violations leading to suspension or revocation, or denial of the application, exist.

4. At the conclusion of the hearing, the hearing officer shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions of law. The written decision shall be filed with the City Clerk not later than 7 calendar days following the date on which the hearing is closed. The City Clerk shall, within 3 days of the filing of such decision, serve the applicant or licensee with notice and copy of the written decision.

5. The provisions of the California Administrative Procedure Act (Government Code § 11500 et seq.), and the formal rules of evidence do not apply at the hearing. Any and all evidence which the hearing officer deems reliable, relevant and not unduly repetitious may be considered.

6. The hearing officer's decision is final upon service of the hearing officer's decision on the appellant.

7. An appeal is not available for a revocation made pursuant to subsection (C) below.

C. REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer’s license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.56.070 existed at the time application was made or at any

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time before the license issued. The decision by the Department shall be the final decision of the city.

5.56.140 – Tobacco retailing without a license.

A. INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer’s license as follows:

1. After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction and no former proprietor retains any ownership or managerial interest in the business), until 30 days have passed from the date of the violation.

2. After a second violation of this section at a location within any 5 year period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction and no former proprietor retains any ownership or managerial interest in the business), until 90 days have passed from the date of the violation.

3. After of a third or subsequent violation of this section at a location within any 5 year period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction and no former proprietor retains any ownership or managerial interest in the business), until 5 years have passed from the date of the violation.

5.56.150 – Additional remedies.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 years, such a person shall not be required to appear or give testimony in any civil or administrative process

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brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

C. Violations of this chapter, including violations for tobacco retailing without a license, shall be subject to all available enforcement actions, including administrative, criminal or civil citations as authorized pursuant to this code.

D. Violations of this chapter are hereby declared to be public nuisances.

E. Tobacco products offered for sale in violation of this chapter are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 5.56.130. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.

F. For the purposes of the remedies provided in this chapter:

1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter; and

2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter.

G. All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

5.56.160 – Exceptions.

A. Nothing in this chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.

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B. Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

5.56.170 – Captions.

The captions to sections throughout this chapter are for convenience of reference but shall not affect construction of this article.

5.56.180 – Calculation of time.

Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this article or any franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed in this section, the time shall be computed so as to exclude the first and include the last day of the prescribed time.

5.56.190 – Construction and severability.

It is the intent of the City Council of Grass Valley to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter, or its application to any other person or circumstance. The City Council of Grass Valley hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

5.56.200 – Rights reserved.

A. The rights reserved to the City under this chapter are in addition to all other rights of the City, whether reserved by this section or authorized by law, and no action, proceeding or exercise of a right shall affect any other rights which may be held by the City.

B. Except as otherwise provided by state law, a State franchise shall not include, or be a substitute for:

1. Compliance with generally applicable requirements for the privilege of transacting and carrying on a business within the City, including, but not

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limited to, compliance with the conditions that the City may establish before constructing facilities for, or providing, nonvideo services;

2. Any permit or authorization required in connection with operations on or in public rights-of-way or public property, including, but not limited to, encroachment permits, street work permits, pole attachment permits, and street cut permits; and

3. Any permit, agreement, or authorization for occupying any other property of the City or any private person to which access is not specifically granted by the State franchise.

C. Except as otherwise provided in state or federal law, a State franchise shall not relieve a franchisee of its duty to comply with all laws, including the ordinances, resolutions, rules, regulations, and other laws of the City, and every franchisee shall comply with the same.

D. Nothing contained in this section shall ever be construed exempt a franchisee from compliance with all ordinances, rules or regulations of the City now in effect or which may be hereafter adopted which are consistent with this section or California Public Utilities Code section 5800, et seq.

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Building Resilient Infrastructure and Communities (BRIC) Grant CEQA: Not a Project
Recommendation: That Council approve the submission of a Building Resilient Infrastructure and Communities (BRIC) Grant in collaboration with the Fire Safe Council.

The grant will support efforts to strengthen critical infrastructure, implement hazard fuels reduction using nature-based solutions, assist with hazard tree removal, expand the home hardening retrofit program, enhance the green waste program, and provide community education initiatives for the Grass Valley area.

Prepared by: Timothy Kiser, City Manager
Council Meeting Date: 02/11/2025 Date Prepared: 02/05/2025 Agenda: Administrative
Background Information: The Building Resilient Infrastructure and Communities (BRIC) grant program provides federal funding to state, tribal, territorial, and local governments for hazard mitigation projects that strengthen climate adaptation and resilience. The program prioritizes reducing risks from extreme weather events and long-term environmental stressors through innovative, nature-based solutions, capacity-building, and large-scale, community-driven initiatives. FEMA encourages projects that align with Good Jobs Principles, fostering equitable economic growth and workforce opportunities.

The City of Grass Valley is located in a high to very-high fire hazard severity zone within the Wildland Urban Interface (WUI). Decades of declining wildfire mitigation have resulted in overgrown vegetation, increasing fire risks. Historic buildings, many predating modern fire codes, are especially vulnerable. Additionally, several low-income census tracts house at-risk populations who lack resources for wildfire resilience measures such as defensible space, home hardening, and green waste disposal. The city’s critical infrastructure— including transportation, utilities, wastewater and water treatment plants, medical facilities, and emergency services—faces a significant wildfire threat.

In partnership with the Fire Safe Council of Nevada County, this initiative will enhance wildfire resilience through home and infrastructure hardening, defensible space, hazardous fuels reduction, and nature-based solutions such as prescribed grazing. The project also includes green waste programs, environmentally friendly wood debris reduction and conversion systems, and workforce development to ensure long-term sustainability and fire risk reduction.

Proposed Grant Application Actions and Funding Allocation Infrastructure Hardening of Critical Facilities – $7,500,000  Strengthening hospitals, schools, assisted living facilities, utility infrastructure, and emergency shelters.

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 Improving emergency preparedness and enhancing Temporary Refuge Areas (TRAs).  Evaluating evacuation strategies and alternative routes in case major roadways are impassable.

Hazard Fuels Reduction with Nature-Based Solutions – $12,000,000  Treating 2,000 acres through a multi-method approach, including prescribed grazing.
 Creating defensible perimeters around structures and critical infrastructure.  Allocating $4 million to workforce development in prescribed herbivory for longterm maintenance.

Hazard Tree Removal Assistance – $3,000,000
 Removing hazardous trees from private properties to enhance defensible space.  Prioritizing at-risk communities to protect lives, property, and critical facilities.

Home Hardening Retrofit & Defensible Space Program – $10,000,000  Allocating $6 million to retrofit at least 600 homes with up to $10,000 per home for fire-resistant upgrades, prioritizing income-qualified residents.  Investing $4 million in defensible space treatments for at least 400 properties.

Green Waste Program & Processing – $4,500,000
 Operating a three-year citywide green waste collection and processing program.  Identifying viable environmentally friendly wood debris reduction and conversion systems.

Education, Outreach & Demonstration Site – $2,500,000
 Conducting public outreach, evacuation planning workshops, and training sessions.  Developing tailored evacuation plans for schools, hospitals, and assisted living facilities.
 Establishing a demonstration site to showcase fuels treatment methods, including prescribed herbivory and herbicide applications.

This comprehensive wildfire resilience initiative integrates hazard mitigation, emergency planning, and workforce development to reduce the risk of catastrophic wildfires. By implementing these coordinated efforts through the BRIC program, Grass Valley can enhance community safety, protect critical infrastructure, and build long-term resilience.

Staff in conjunction with the Fire Safe Council of Nevada County is looking to apply for approximately $40 million in grants that will require 10% to 25% match. Due to proposed grant scope Measure B could be a great match source, as the proposed grant areas align with expenditure plan for Measure B.

Council Goals/Objectives: This item executes portions of work tasks towards achieving/maintaining the Strategic Plan – This action executes portions of work tasks towards achieving/maintaining Strategic Plan objectives of Community Leadership, and Productive and Efficient Workforce.

Fiscal Impact: There is no immediate budget/financial impact associated with the proposed actions.

Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager
Attachments:
 Project Area Map
 Expanded Project Description

Item # 10.

BRIC2024 - City of Grass Valley -Wildfire Community Resilience Project The City of Grass Valley is located in Nevada County, nestled in the foothills of the Sierra Nevada Mountain Range. The entire county is classified as a high to very-high fire hazard severity zone, with nearby counties having experienced some of California's most destructive and costly wildfires, including the Dixie, Caldor, and Camp Fires, which caused billions of dollars in damage. The entire county also falls within the Wildland Urban Interface. Over the past 50 years, there has been a decline in wildfire mitigation efforts, leading to overstocked wood products, dense vegetation, and ladder fuels, all of which pose a catastrophic wildfire risk to our communities. This situation is exacerbated by limited infrastructure, hindering our ability to implement, remove, and process hazardous vegetation effectively.

Grass Valley has a rich history as a mining town established during the gold rush, and many of its buildings hold irreplaceable historical value, having been built before the implementation of the California Building Code's Chapter 7A. Consequently, many structures are surrounded by dense vegetation and lack necessary home hardening measures to protect against ember intrusion.

Additionally, several low-income census tracts within the city are home to vulnerable populations, including individuals with Access and Functional Needs, who lack the financial resources for essential wildfire resiliency measures such as defensible space, home hardening, green waste disposal, and wood product utilization for heating.

The community faces the risk of significant loss of life, property, and loved ones, compounded by the potential destruction of critical infrastructure, including communications, energy, transportation, medical facilities, and schools. These factors leave Grass Valley and its residents at an elevated risk of catastrophic loss due to the dangers of wildfire.

This collaborative partnership between the City of Grass Valley and the Fire Safe Council of Nevada County focuses on enhancing wildfire resilience through a combination of home hardening, defensible space, infrastructure hardening, and strategic hazardous fuels reduction. The project also includes nature-based solutions, such as grazing, to implement and maintain these efforts.

Additional initiatives will focus on year-round green waste programs, wood product utilization, and biomass initiatives to reduce the risk of catastrophic wildfires in Grass Valley and surrounding areas. These efforts address shared protection challenges for critical community infrastructure, including communications, energy, water, wastewater, public safety, transportation, and healthcare facilities within the project zone.

The project aims to create a holistic, collaborative wildfire resiliency plan with multi-faceted goals.

This includes hazardous fuel removal and processing from private residences, home hardening, defensible space, and large-scale landscape-level fuel reduction projects. It also supports longterm strategies for green waste processing, wood product utilization, and biomass initiatives. By working together, the community can achieve timely, responsible, and cost-effective actions that contribute to a sustainable wildfire resilience strategy.

These activities are essential in the Wildland Urban Interface to prevent loss of life and protect critical facilities from wildfires. Given the dangers and costs of wildfire suppression, the community is committed to investing in best practices, such as hazardous fuels reduction inclusive of nature-based solutions, home and infrastructure hardening paired with defensible

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space, and green waste programs, to enhance community resilience and reduce the risk of catastrophic wildfires.

Implementing a single action alone will not resolve the risk to the community. Each proposed action is designed to work together seamlessly, supporting long-term risk reduction for the community and ensuring that residents can maintain these risk mitigation efforts over time. These actions are proposed as follows and will be implemented through the BRIC Program:

Infrastructure Hardening of Strategic Critical Facitlies($7,500,000): Critical facilities, including hospitals, assisted living facilities, schools, churches and community centers, utility facilities (electric, communication, etc.),sewer and water treatment plants, and transportation facilities, will undergo a comprehensive review and hardening to reduce the risk associated with catastrophic wildfires. These actions will be carried out through projects, focusing on strengthening buildings and infrastructure vital to community resilience during disasters. This includes reinforcing structures, improving emergency preparedness, and incorporating technologies that can withstand or mitigate disaster impacts, ensuring the continued safety and functionality of these services in a crisis.

Infrastructure hardening will be paired with other mitigation measures, such as fuels reduction, increased water storage, and better emergency access. Additionally, Temporary Refuge Areas (TRAs) will be identified and enhanced to provide shelter for residents unable to evacuate during mass evacuation events. A key aspect of this planning involves evaluating evacuation strategies, determining when sheltering in place is safest, and identifying alternative routes if major roadways are impassable during large-scale fires. Implementing these defined actions through infrastructure hardening is crucial for protecting low-income and
disadvantaged community members.

Hazard Fuels Reduction with Nature-Based Solutions ($12,000,000): 2,000-acres of strategic fuels reduction projects will employ a multi-method approach, including nature-based solutions like grazing, to implement and maintain treatments within and around the city limits. The project will create defensible perimeters around homes, structures, and critical facilities and infrastructure by removing flammable vegetation across the entire project zone, with at-risk communities serving as key points for the project boundary. These fuels reduction activities will significantly decrease the wildfire threat to human life, property, critical facilities, riparian zones, and local tribal lands. Of the $12,000,000 budget, $4,000,000 will be allocated to workforce development in agricultural businesses focused on prescribed herbivory resources to ensure a long-term maintenance strategy.

Hazard Tree Removal Cost Assistance ($3,000,000): At least 600 Hazard Trees removed from private parcels. Estimated at $5,000 per tree via crane removal. The action creates perimeters around homes, structures, and critical facilities, through the removal of flammable vegetation across the entirety of the project zone, using at risk communities as key points for the project boundary.

Reduces damages The fuels reduction activities will greatly reduce the threat of wildfire to human life and property, especially critical facilities, and riparian zones, and local tribal lands.

Home Hardening Retrofit Program combined with Defensible Space Clearing ($10,000,000):
$6,000,000 will fund home hardening retrofits for a minimum of 600 homes, with up to $10,000 allocated per home. Priority will be given to income-qualified individuals. This action will adhere to the guidelines set forth in the Hazard Mitigation Assistance Guidance and its subsequent Addendum published by FEMA, specifically regarding non-structural retrofitting of existing buildings and facilities. These

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modifications aim to reduce or eliminate future damage risks and protect inhabitants, such as bracing building contents to prevent earthquake damage or elevating utilities. $4,000,000 will fund defensible space treatments for at least 400 residents within city limits, with the requirement that these treatments be combined with appropriate home hardening retrofits.

Priority will be given to income-qualified individuals or those with Access and Functional Needs.

This action will establish perimeters around homes, structures, and critical facilities by removing flammable vegetation throughout the project zone, with at-risk communities serving as key points for the project boundary. These fuels reduction efforts willsignificantly reduce the threat of wildfire to human life and property, particularly to critical facilities, riparian zones, and local tribal lands.

Green Waste Program and Processing ($4,500,000): A three-year program will collect green waste within city limits, transport it, and process it at a facility to assist residents with green waste disposal both inside and outside the city limits. As part of this activity, the City and Fire Safe Council of Nevada County will be identifying and implementing viable environmentally friendly wood debris reduction and conversion systems, such as purchasing and using carbonizers and implementing a firewood program. Carbonizers are unique in the curtain burner industry, providing environmentally sound and productive on-site conversion, reduction and carbonization of wood waste and debris. Viable wood will be identified for wood product utilization and firewood processing, which will be provided to income-qualified residents. This action will establish defensible perimeters around homes, structures, and critical facilities by removing flammable vegetation throughout the entire project zone, with atrisk communities serving as key points for the project boundary. These fuels reduction activities will significantly
reduce the wildfire threat to human life and property, particularly to critical facilities, riparian zones, and local tribal lands.

Education/Outreach/Demonstration Site ($2,500,000): All project and program components will incorporate public outreach, messaging, and workforce development opportunities. Public events will engage community stakeholders through evacuation plan messaging, educational workshops, and training sessions on various treatment methods and equipment. Education efforts will also develop tailored evacuation templates for schools, assisted living facilities, hospitals, and other venues with large populations.

A comprehensive 360-degree review and update of existing emergency plans will ensure that current protocols effectively address wildfire scenarios. In some cases, evacuating people outdoors may be hazardous, while in others, it could be the safest option. This planning will evaluate diverse evacuation strategies, including sheltering in place and alternative routes when major roadways are compromised.

Additionally, workforce development will be promoted through the use of tools such as masticators, burn bots, and UTVs, as outlined in the BRIC budget. Outreach materials—including design, printing, and educational software—will support these initiatives. A demonstration site will also be established to showcase nature-based fuels treatment methods, such as prescribed herbivory and herbicide applications.

Item # 10.

Grass Valley / Infrastructure BRIC Grant Area
¹
0 0.45 0.9 1.8
Miles
Grass Valley Parcel Use Description Hospital Roads State City Assisted Living Facility Instit/Public Land Highways NID Sphere of Cell Tower Park/Fairgrounds Major Roads City
Influence
Cemetery Public Bldg Lands County
Church School National Forest Other Federal
College Utility Co/Districts BLM Special District
Community Bldg Assessor's Parcels
2/5/2025 Page 59 - AD
Item # 10.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Historical Commission Quarterly Update
CEQA: Not a project
Recommendation: That Council receives quarterly update from Historical Commission.

Prepared by: Miranda Bacon, Community Services Analyst
Council Meeting Date: 2/11/2025 Date Prepared: 2/6/2025 Agenda: Administrative
Background Information:

1. Discussion of ongoing projects
a. Landmark Submittals
b. Nevada County Landmarks Commission
c. Jewish and Catholic Pioneer Cemeteries
d. Grass Valley Citizen’s Star Award

2. Grass Valley’s Annual Historic Award

3. Discussion and Direction on the Historic Walking Tour of Mill and Main Streets Council Goals/Objectives: This executes portions of work tasks to achieve/maintain the Strategic Plan—Open and Collaborative City Government.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: Report to City Council

Item # 11.

To: Grass Valley City Council
From: Grass Valley Historic Commission
Date: Tuesday, February 11, 2025
Re: Quarterly Update
Before we jump into the main topic of this report, the Historic Walking Tour program for the City of Grass Valley, I’d like to provide you with some tidbits of items the Commission continues to work on. Your input is valued and appreciated.

Landmark Submittals:

The Commission, with leadership from Commissioner Poston and assistance from City staff and Landmarks Commission members Zimmerman and Martini, has submitted for approval the Walsh Mill and Main Street Firehouse applications to the Nevada County Landmarks Commission. When approved, we will provide draft wording to the Council in order to get a bronze plaque in production and decide on its placement.

Nevada County Landmarks Commission:

Many members of the Historical Commission attended a recent meeting of the Nevada County Landmarks Commission. We felt it necessary for them to hear about our projects and for our Commission to hear about the Landmark’s direction. They would appreciate collaboration on two projects: Preservation and signage for the railroad stone abutment at the Wolf Creek Trail parking lot next to Olympia Creek and some collaboration in noting historic sites on the Loma Rica Property.

Jewish and Catholic Pioneer Cemeteries:

Within the City limits, two pioneer cemeteries exist which we believe need historical display signage in order for residents and visitors to learn about esteemed local Jewish and Catholic early pioneers whose remains lie in these hallowed grounds. The Commission, with assistance from both Fr. Estrella and Jedidiah Watson, are working to provide narrative signage highlighting the history and noteworthy internments of the 1853 Catholic cemetery on South Church St., as well as the 1856 Jewish cemetery on Eureka Street. We hope the City Council finds this a worthy undertaking and supports our efforts.

Grass Valley Citizen’s Star Award:

The Historic Commission is in unanimous support of honoring two of Grass Valley’s most influential citizens: Peggy and Howard Levine. We are working diligently to move forward

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this nomination to the City Council through the gathering of support letters and a nomination overview as outlined in the City’s Star Guidelines.

Grass Valley’s Annual Historic Award:

As presented at the last quarterly update, the Commission would like to recommend the adoption of an Annual Historic Award. The Commission has adopted the following wording. “Awarded annually by City Council, on the recommendation of the Historic Commission, to a person/persons or business who has enhanced and/or preserved the historical significance of the City of Grass Valley whether through writing, research or physical enhancement.” We hope the Council would adopt the aforementioned criteria and be willing to purchase a commemorative plaque to be displayed in City Hall to honor these annual recipients.

To jump start this award, the Commission would initially recommend that the first award be presented to Teresa Poston who has served on the Historic Commission for the past twenty years and whose name and participation is on nearly every historic action and activity in the City of Grass Valley over the past few decades. Mrs. Poston is unaware of our unanimous vote to advance her nomination as she was traveling and unable to attend our January meeting.

The Grass Valley Historic Walking Tour
(incorporating murals, homes, businesses, historic sites/landmarks) Our presentation intends to cover the vast array of options so that the Council can fully understand the myriad of choices in providing the public a complete historic experience. We look forward to your direction on each aspect of this year-long project. This is a brief conceptual outline. More in-depth information of each topic, along with a line item budget and timeline, will be presented upon direction from the Council. Here are the individual aspects of our proposal.

Golden Pasty: The centerpiece of the walking tour will be the Golden Pasty. In order to gain people’s attention to the historic nature of this community, we recommend the bronzing of an enlarged Cornish Pasty to be prominently displayed on Mill Street. The pasty has become our unifying global image (attached—the New York Times article about Grass Valley and its beloved pasty, 2024). We need to celebrate it and enhance that image. An accompanying plaque will tell the story of this tasty treat and urge locals and resident to “rub the pasty for good luck” (which will keep the pasty golden in tone). We believe locals will bring friends to Mill St. to partake in

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the tradition of “rubbing the pasty,” learn of the history of the town and all the while patronizing the local merchants. The role of public art in enhancing businesses is well documented and we believe the Golden Pasty, as a first piece of tangible art - both historic and contemporary, for Mill Street - is a perfect fit.

Walking Tour’s 4 x10 inch Cover Stock Overview: Near the Golden Pasty will be a walking tour “leaflet” which will describe the three tours available: homes, murals and downtown hub.

The leaflet, through proper design, will be incorporated into the Golden Pasty display. The leaflet will also highlight monthly free walking tours along with the Heritage Home booklet and other local historic reading available at Cornerstone Books or the public library. The Commission will design and produce the leaflet with Council approval.

Use of Storymaps for Mural, Homes and Downtown Hub: Currently, City staff over the years, has incorporated the Heritage Homes of Grass Valley directory and the existing Murals Tour onto the “Storymaps” platform. We support the notion of using this platform to place the downtown hub walking tour. Since this is not an application, it does not need any registration nor downloading so it will be easy to access on a Smartphone. Users will choose which tour they intend to take and will find the location using Storymaps. (Staff will now display the Storymaps platform)
Locators - both physical and virtual: The biggest question, in our opinion, is about the physical placement of “markers” that would provide the public an historical insight into the downtown hub of specific buildings. We believe that within the Mill/Main area, around 20-25 buildings need some form of recognition. Here are some of the choices, or a combination of all four, could be used:
a. Using Existing Drainage Grates: Installing historical information on signage which is imbedded into the sidewalk concrete is not a viable nor an aesthetic solution. Recently though, the Mill Street improvement project installed a long, contiguous street level metal drain system. The metal panels are 20 inches apart and are easily removable (See attachment). The Commission believes that one section of grate in front of the historic building could be replaced with a similar piece of fabricated metal which would briefly describe the history of the building.
b. Placement of Signage on Buildings: Another possible solution is to approach building owners to see if they would be willing to have a permanent sign placed on their property, briefly discussing the history of the site. This solution could also be used in combination with the drainage grates. Those sites not having drainage grates (specifically Main Street) the use of affixed building signage could be used.

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c. Pasty QR Codes: Another avenue for information could be the inclusion of small Past shaped QR codes placed in participating business windows. The code would allow users to gain access to a more in-depth historic explanation of the building. d. Brochure: Beyond just using a Smartphone to partake in history, The Commission also believes that a tangible Walking Tour pamphlet is necessary to reach all audiences. An older version exists so the Commission will use it and other information to develop a tri-fold historic walking tour pamphlet which will be available at the public library, City Hall, the Chamber and Bookseller store.

Heritage Homes Reprinting: The Heritage Homes book is a wonderful resource which we believe needs to be reprinted. For an investment of $500.00, two hundred booklets can be reproduced. These can be sold at the Bookseller on Mill St. and at the Chamber offices. Sales will reimburse the City for the upfront costs.

Walking Tours: The Commission is interested in enhancing the public’s experience of Grass Valley by instituting monthly historic walks, from April through October. The walks will highlight some Heritage Homes, murals and the downtown area, using a core group of trained docents.

Upon direction from the Council, the Commission will return with cost estimates and a timeline for implementation.

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