GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Wednesday, November 12, 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 November 12, 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. National Hospice and Palliative Care Month Proclamation
INTRODUCTIONS AND PRESENTATIONS
2. Building in Grass Valley Update
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via voicemail at (530) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after 5pm will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item. There is a time limitation of three minutes per person for all emailed, voicemail, or in person comments, and only one type of public comment per person. Speaker cards are assigned for public comments that are on any items not on the agenda, and within the jurisdiction or interest of the City. Speaker Cards can be pulled until the opening of public comment at which time sign ups will no longer be allowed.
These cards can be found at the City Clerks desk. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item is announced. When recognized, please begin by providing your name and address for the record (optional). Thirty minutes of public comment will be heard under this item in order of the speaker card assigned and the remaining general public comments will be heard at the end of the meeting. We will begin with number one.
CONSENT ITEMS -All matters listed under the Consent Calendar are to be considered routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted by one motion in the form listed. There will be no separate discussion of these items unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the motion to adopt, members of the Council and/or Agency, staff or the public request specific items to be removed from the Consent Calendar for separate discussion and action but Council action is required to do so (roll call vote).Unless the Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person.
3. Approval of the Regular Meeting Minutes of October 28, 2025 Recommendation: Council approve minutes as submitted.
City of Grass Valley, CA AGENDA November 12, 2025
4. Approval of the Special Meeting Minutes of November 5th, 2025 Recommendation: Council approve minutes as submitted.
5. Community Risk Reduction Manager Updated Job Description CEQA: Not a Project
Recommendation: That Council 1) review and approve the updated job description for Community Risk Reduction Manager to include duties in alignment with an Office of Emergency Services Specialist.
6. Approval and Execution of Amended Standard Agreement No. 19-HOME-14968, Amendment 1, with the California Department of Housing and Community Development
CEQA: Not a project
Recommendation: That the City Council authorize the Mayor to sign the Amended Standard Agreement No. 19-HOME-14968, Amendment 1, with the California Department of Housing and Community Development (HCD), extending expenditure and drawdown deadlines, and revising provisions related to HOME-funded projects.
7. Slate Creek Lift Station Pump Replacement Project – Equipment Purchase Authorizations
CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) authorize an amendment to the purchase agreement of standardized Flgyt equipment to increase the amount to $217,341.69 and 2) authorize the City Engineer to purchase additional electrical equipment in the amount of $199,300.00 from Advanced Integration and Controls for the Slate Creek Lift Station Pump Replacement Project
8. Prefabricated Restroom Site Improvements Project – Authorization to Bid CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and 2) authorize the advertisement for bids.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
9. Introduction of Ordinance to adopt the 2025 California Building Standards Code and amend the City of Grass Valley Municipal Code, Title 15, Chapters 15.02 to 15.06.
CEQA: Not a project
Recommendation: That Council; 1) hold the public hearing, 2) waive the reading of the ordinance in its entirety and read by title only, and 3) introduce ordinance 838 to amend Municipal Code Chapters 15.02 to 15.06 that incorporates the 2022 California Building Standards Code.
ADMINISTRATIVE
City of Grass Valley, CA AGENDA November 12, 2025
10. Downtown Parking
CEQA: Exempt – existing facilities
Recommendation: That Council hear a presentation from staff and stakeholders and direct the City Manager to: (1) implement paid parking at the Pioneer Village Parking Lot (Neal and South Auburn Streets), South Church Street Parking Lot (Neal and South Church Streets) and the South Auburn Street Parking Lot (100 South Auburn Street, also known as the ‘Union Square’ Parking Lot); (2) adopt resolution R2025-46 setting the cost of parking to one dollar ($1.00) for the first two hours and two dollars ($2.00) for each hour thereafter, setting the days of the week for paid parking to be MondaySaturday, and setting the time of day for paid parking to be from 8AM to 6PM; (3) authorize the police department to hire one additional police officer I/II position to administer the program; and (4) direct staff to make necessary budget adjustments to account for anticipated revenues and expenses to implement the program
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 Wednesday, November 12, 2025, at 6:00 p.m., was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, November 6, 2025.
________________________
Taylor Whittingslow, City Clerk
PROCLAMATION
National Hospice and Palliative Care Month – November 2025 WHEREAS, for more than45years, hospice has helped provide comfort and dignity to millions of people, allowing them to spend their final months at home, surrounded by their loved ones; WHEREAS, hospice embraces an interdisciplinary, team-based approach that includes expert medical care, symptom management, emotional support, and spiritual guidance to meet the full spectrum of each person’s needs;
WHEREAS, beyond physical care, hospice supports families through respite care, counseling, and bereavement services that help loved ones cope with loss and healing; WHEREAS, the hospice philosophy empowers individuals and families to prepare for and navigate life’s final chapter with grace and understanding;
WHEREAS, palliative care improves quality of life and offers relief from pain, can be provided at any time during an illness, and non-profit hospices are some of the best providers of community-based palliative care; WHEREAS, in an increasingly fragmented and broken healthcare system, non-profit hospice is one of the few sectors that demonstrates how healthcare can – and should – work at its best for its patients; WHEREAS, 1.72 million Medicare beneficiaries living with life-limiting illness and their families received care from the nation’s hospice programs in communities throughout the United States in 2024; WHEREAS, non-profit hospice and palliative care organizations are advocates and educators about advance care planning that helps individuals make decisions about the care they want; WHEREAS, the central philosophy of hospice care puts patients first, ensuring a coordinated and personcentered approach to care, protecting patient choice and access to individualized services based on a patient’s unique care needs and wishes.
WHEREAS, given our universal mortality, hospice is a valuable benefit for all Americans and their loved ones.
NOW, THEREFORE, by the Mayor and Council of the City of Grass Valley, do hereby proclaim November 2025 as National Hospice and Palliative Care Month and encourage citizens to increase their understanding and awareness of care at the end of life, discuss their end of life wishes with their families, and observe this month with appropriate activities and programs.
Dated this 12th day of November 2025
_____________________________ _____________________________ Hilary Hodge, Mayor Haven Caravelli, Vice Mayor
__________________________________
Jan Arbuckle, Council Member
____________________________________ ___________________________________ Joe Bonomolo, Council Member Thomas Ivy, Council Member
Item # 1.
GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, October 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
CALL TO ORDER
Meeting called to order at 6:02 pm.
PLEDGE OF ALLEGIANCE
Mayor Hodge led the Pledge of Allegiance.
ROLL CALL
PRESENT
Councilmember Jan Arbuckle
Councilmember Joe Bonomolo
Councilmember Tom Ivy
Mayor Hilary Hodge
ABSENT
Vice Mayor Haven Caravelli
AGENDA APPROVAL -
Motion made by Councilmember Arbuckle, Seconded by Councilmember Ivy.
Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Councilmember Ivy, Mayor Hodge
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. Sister City Bodmin Exchange Update
CITY UPDATES
2. Burn Bot Demo
PUBLIC COMMENT –
Virtual Public comments attached.
In-person speakers: 1 through 3
CONSENT ITEMS –
Item # 3.
City of Grass Valley, CA MINUTES October 28, 2025
Virtual Public Comment attached.
The City attorney gave an oral summary regarding item #6.
Motion made to approve the consent by Councilmember Arbuckle, Seconded by Councilmember Bonomolo.
Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Councilmember Ivy, Mayor Hodge
3. Approval of the Regular Meeting Minutes of October 14th, 2025 Recommendation: Council approve minutes as submitted.
4. Landscaping and Lighting District Maintenance – Authorization to Award Contract CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) authorize the City Engineer to execute a contract with Weiss Landscaping Inc., pending legal review, for landscaping maintenance services for an initial annual amount of $127,320.00, subject to legal review, and 2) authorize the City Engineer to approve contract change orders of 10% of the contract amount.
5. Slate Creek Lift Station Pump Replacement Project – Authorization to Award Contract CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) award a contract for the Slate Creek Lift Station Pump Replacement Project to LaFleur Engineering, Inc., 2) authorize the Mayor to execute the construction contract, subject to legal review and, 3) authorize the City Engineer to approve construction change orders for up to 10% of the contract amount.
6. Approval of modification of Deputy Police Chief Appendix A Item E. language.
CEQA: Not a project
Recommendation: That Council 1) approve change to Appendix A, Item E. of the Deputy Police Chief contract as the Fourth Amended Employment Agreement (“Agreement”); 2) authorize the City Manager to execute the Agreement subject to legal review; 3) approve the limited duration/limited assignment position in the budget for Deputy Police Chief; and 4) authorize the Finance Director to make any necessary budget adjustments and/or amendments to complete this action.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
ADMINISTRATIVE
7. Historical Commission Quarterly Update
CEQA: Not a project
Recommendation: That Council receives quarterly update from Historical Commission.
Dyane Albrecht, Vice Chair of the Historical Commission gave quarterly update to the Council.
Item # 3.
City of Grass Valley, CA MINUTES October 28, 2025
8. Appeal of Sign Exception Application 25PLN-0031 at 2001 Nevada City Highway.
CEQA: Exempt under CEQA Guideline §15301, Categorical Exemption Class 1 (“Existing Facilities”)
Recommendation: Find the project Categorically Exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act (CEQA) and Guidelines, as detailed in the staff report; Review appeal made by the applicant and determine whether to overturn or uphold the planning commission’s decision to deny the internal illumination of the “Shell” symbol on the two canopies at three locations and on the monument price sign at 2001 Nevada City Highway.
City Planner Amy Wilson summarized the continued appeal for SEI Fuel Services’ Shell Station sign exception. The applicant sought approval for internally illuminated Shell symbols on the canopy and monument sign after the Planning Commission denied them, though the illuminated price sign had been approved. Light bars around the canopies were no longer requested.
The applicant cited nearby illuminated businesses as precedent.
Public comment attached.
Council discussed consistency, visibility, and adherence to the lighting code. The City Attorney clarified that prior illuminated signs do not establish precedent.
Council agreed illumination was reasonable for safety and wayfinding and voted unanimously to grant the appeal, allowing illuminated Shell logos and price signs.
Motion made to overturn or uphold the planning commission’s decision to deny the internal illumination of the “Shell” symbol on the two canopies at three locations and on the monument price sign at 2001 Nevada City Highway by Councilmember Arbuckle. Seconded by Councilmember Ivy
Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Councilmember Ivy, Mayor Hodge
9. Quarterly Financial Report – First Quarter of Fiscal Year 2025–26 CEQA: Not a Project.
Recommendation: That the City Council receive and file the Fiscal Year 2025–26 First Quarter Financial Report for the City’s major operating funds.
Finance Director Jennifer Sachinsky presented first-quarter results, noting revenues appear low and expenses high due to timing. Sales and property taxes are received later in the year. Business licenses and franchise fees post in later quarters.
Insurance and CalPERS liabilities are prepaid, inflating early expenses. Water and sewer billings are on a two-month cycle. Overall, revenues and expenditures are on track, with no major concerns. Differences are expected to balance out as the year progresses.
Public comment: Bob Branstrom
No action taken.
Item # 3.
City of Grass Valley, CA MINUTES October 28, 2025
BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Ivy attended the Resilience Meeting and the Mayors and Managers Meeting. Council Member Bonomolo attended the Ad Hoc Skateboard Committee Meeting and the Solid and Hazardous Waste Management Meeting. Council Member Arbuckle attended the Nevada County Media Halloween Event, the GVDA Board Meeting, a performance of Dracula, and participated in the National League of Cities Conference. Mayor Hodge attended the Economic Summit and will have her Wednesdays with the Mayor tomorrow.
ADJOURN
The meeting was adjourned at 8:48 pm.
_________________________________ ______________________________ Hilary Hodge, Mayor Taylor Whittingslow, City Clerk
Adopted on: ____________
Item # 3.
CITY OF GRASS VALLEY CITY COUNCIL MEETING
GENERAL PUBLIC COMMENT SIGN IN SHEET
WELCOME to the City of Grass Vattey City Council meeting! Pubtic Comments provide an opportunity for the pubtic to address the City CounciI on any subject which is not on the agenda but in the jurisdiction of the councit. lf you wish to speak, please indicate in the appropriate box when you sign in and take the number corresponding to your name. Each individual can have up to 3 minutes of pubtic comment. At the beginning of the meeting, there wi[[ be an altotted 30 minutes of generat pubtic comments and the remainder of comments witt be heard at the end of the agenda.
Speakers witt be catted in order of the numbers given.
When you are recognized by the mayor:
1. Ptease stand before the podium and give your name and address. (optionat)
2. Please limit your comments to three minutes per speaker.
3. lf previous speakers have made the same point, you may simply indicate your support or disagreement, unless you have new information.
Thank you for your participation. \O \TZ\ZS
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Item # 3.
Explore AMA Products
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AMA adopts guidance to reduce harm from high
intensity street lights
PRESS RELEASE5
Bookmark
Jun 14,2016
oa@e
CHICAGO
-
Strong argurnents exist for overhauling the lighting systems on LI.S. roadways with light ernitting diodes (LED), but conversions to improper LED technology can have adverse consequences. In response, physicians at the Arnua.l Meeting of the Arnerican Medica.l Association (AMA) today adopted gudanee for communities on selecting among LED lighting options to minimize potential harmfirl hurnan and environmental effects.
Converting conventional street light to energy efficient LED lighting leads to cost and energy savings, and a lower reliance on fossil-based fuels.
Approximately 10 percent of existing U.S. street lighting has been converted to solid state LED technology, with efforts underway to accelerate this conversion.
"Despite the energy efficiency benefits, sorne LED lights are hannfirl when used as street lighting," AMA Board Member Maya A. Babu, M.D., M.B.A. "Ihe new AMA guidance encourages proper attention to optimal design and engineering features when converting to LED lighting that rrinirnize detrirrrental health and environmental effects." Membership
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Item # 3.
High-intensity LED lighting designs ernit a large amount of blue light that appears white to the naked eye and create worse nighttime glare than conventional lighting. Discomfort and disability frotn intense, bhre-rich LED lighting can decrease vrsual acuiq, and safery resulting in concerns and creating a road hazard.
In addition to its impact on drivers, blue-rich LED streetlights operate at a wavelength that rnost adversely suppresses rnelatonin during night. It is estimated that white LED larnps have five times greater impact on circadian sleep rhythms than conventional street lamps. Recent large surveys forrnd that brighter residential nightlime lighting is associated with reduced sleep times, dissatisfaction with sleep quahty. excessive sleepiness, impaired dal,tirne functioning and obesity.
The detrimenta-1 effects of high-intensity LED llghting are not lirnited to hurnans. Excessive outdoor lighting disrupts rnany species that need a dark environment. For instance, poor\ designed LED lighting disorients sorne bird, insect, turtle and fish species, and U.S. national parks have adopted optimal lighting designs and practices that minimize the effects of light polltrtion on the environment.
Recognizing the detrimenta-l effects of poorly-designed, high-intensity LED lighting, the AMA encourages communities to minimize and control bhre-rich environrnenta.l lighting by using the lowest emission of blue light possible to rednce glare. The AMA recomrnends an intensitv threshold for optirna.l LED lighting that rninirnizes blue-rich light. The AivIA a.lso recomrnends all LED lighting should be properly shielded to rninirnize glare and detrirnental hur:ran health and environmenta.l effects, and consideration should be given to utilize the ability ofLED lighting to be dimmed for off-peak time periods.
The guidance adopted today by grassroots physicians who comprise the AMAs policy-rnaling body strengthens the AMAs policy stand against Iiglrt pollLrtion and public awareness ofthe adverse health and environrnental elI'ects of pervasive nighttirne lighting.
Media Contact
Item # 3.
AMA Media & Editorial
Phone: (3r2) 464-4430
media@ama:assn org
About the American Medica! Association
The American Medical Association is the physicians' powerful ally in patient care. As the only medical association that convenes 190+ state and specialty rnedica-l societies and other critica.l stakeholders, the AMA represents physicians with a unified voice to all key players in hea.lth care.
The AMA leverages its strength by rernoving the obstacles that interfere with patient care, leading the charge to prevent chronic disease and confront public healtJl crises and, driving the ftlture of medicine to tackle the biggest challenges in health care.
lmproving Public Health Annual Meeting ofthe AMA House ofDelegates il
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Item # 3.
1U2Al25 5:30 PM Artiflciallighl at night llnked to rarsed type 2 diabetes risk study repo.ts Artifrcial light at night linked to raised type 2
diabetes risk, study reports
0 2 minute read
. Study sheds light on risk of artifrcial light at night o Artificial light at night alters our circadian rhythm . Changes in our circadian rhythm impair the body's ability to control blood sugar levels According to a new study, being exposed to outdoor artificial light at night, such as street lights, and urban light pollution, increases the risk of type 2 diabetes.
Researchers analysed data from the China Noncommunicable Disease Surveillance Study, which included a sample of the general population f rom 162 different areas in 20.lO.
Participants' weight, body mass index and blood samples were taken to establish HbAlc, https:/ rv!W/. dla betes. co .uklne\r/sl2l22lnavlaiil icral-lig ht-at-n ig huinked-to-ra ised-d ia betes-ns k-study-reporls. html 1t8 ()
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Item # 3.
10/28/25 5 30 P[,1 Artrficial light al nght linked to raised type 2 diabetes rlsk study reports Participants were then assigned an average outdoor light-at-night exposure level based on image data of the Earth from the US Defense Meteorological Satellite Program. Light exposure was divided into five groups ranging from most to least exposure. . Altering diet plan and circadian clock affects vitalfat tissue . The time you go to sleep can affect your heart, researchers claim The study revealed that the group with the highest exposure to light-at-nighthad a28oA increase in diabetes prevalence when compared to the group with the lowest exposure.
This is because of the interference the light had on the body's production of melatonin, the hormone that helps regulate our circadian rhythms.
Artificial light at night disrupts the human body clock, compromising the body's ability to regulate blood sugar levels.
The study reports that "Ourfindings contribute to the growing evidence that light-atnight [LAN] is detrimentalto health and point to outdoor LAN as a potential novel risk factorfor [type 2] diabetes."
The paperwas published in Diabetologia journal.
Published on
18 November 2022
Author
Conor Seery
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http6./ rww.drabetes. co.uklne\\sl2022lnavlatliliciallight-et-night-linked-to-raisediiabetes-risk-study-reporls. html 2t8 Page 16 Item # 3.
FA CT SHEET #lighlpollution
Light po!!ution harms our
health and wellbeing.
Over the past 1OO years, humans have transformed the night, erasing the natural darkness with which we evolved. While artificial light at night is crucial to our modern world, it comes at a cost. lncreasing scientific research lndicates that artlficial light at night has detrimental effects on human health and well-being.
Circadian rhythm disruption
Largely influenced by the light and dark, our circadian rhythnr is our body's natural 24-lrour regulating clock Circadian disruption occurs when our internal clock is orlt of sync with the day-night cycle. Circadian disruption has been linked to an increased risk ofobesity, diabetes,
rnood disorders, reproductive problerns, and carlcers.
Decreased melatonin production
Wrile we are still leamiug about thc relatiolNhip bctween artificial light aDd human health, we [s]ow that exposure to light at night-even at dim levels-can suppress the
body's production of rnelatonin, a [rornrone that regulates orrr sleep-wake cycle, rnetabolisrrr, and irnnrune systerrr.
Glare impairs vision
lrresponsible outdoor li8hting at night can increase
dangers rather than safety. Overly bright aud poorly
shielded lighting creates blinding glare, impairing vision, leadirrg to dangerous missteps and accidents. Blue light, often used in newer LED streetlights, is nrore likely to create dangerous glare.
WHAT CAN I DO?
Live a life
in a world filled
with artificial light.
. Use fully shielded outdoor light
fixtures to minimize the light
that streams into your IrorDe.
. Use indoor light bulbs that emit
warrn white light with a color
temp. of 30ooK or lower.
. When it)s time for bed, keep your
bedroonr dark by usinB blackout
curtains and covering all light
sources such as clock radios and
clrarEfing stations.
. tfyou need a nightlight, use one
witll dim red or arnber light. Red
liglrt is least lil(ely to be
disruptive.
. Try not to use devices with
screens jo-minutes prior to
slecping. If you rnusl use deviccs
at night, install .-l color
temperature app that reduces
blue light levels.
. Work with your rreighbors and
local government to reduce light
pollutiolr in your conrmunity.
Q oarrsr<v
Learn more about
light pollution and
human health.
darksky.org/resources/what-is-li ghtpollution/effects/human-health I
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Item # 3.
FA CT SHEET #lighrpollulion
Light pollution destroys
critical wildlife habitat.
Plants and animals depend on natural light cycles to govern lifesustaining behaviors such as reproduction, nourishment, sleep, and protection from predators. Scientific evidence suggests that artificial llght at night has deadly effects on many creatures, contributing to the decline of biodiversity worldwide.
.1.
Migratory birds
Artificial lights calr cause uri€irating birds to walrder off coursc towards dangerous nighttime landscapcs and cities Millions of birds die colliding with needlessly illuminated buildings and towers every year.
Sea turtles
tlatchling sea turtles find the sea by detecting the bright horizon over the ocean. Artificial lights draw them away from the ocean. In Florida alone, millions ofhatchlings die this way every year.
And many more...
We are just starting to understand the devastating effects of artificial light on habitats. Every year, new research adds even rnore wildlife to the list of a(fected animals, including:
)r} -
Hunrmingbirds
Wallabies
Little penguin
Zebrafish
Sweat bees
Songt',irds
Peahens
Bats
owls
Mice
Seabirds
Monarchs
Atlantic salmon
Zooplankton
Ellropean perch
WHAT CAN I OO?
Protect wildlife
through Se1qr!_ve
lighting choices.
. Get to knowyour neighborhood
at rlitht. It's hard to protect what
you're not familiar with.
. Use only fully shielded, fixtures
for all outdoor lighting, so Iights
shine down, not up.
. t.lse only the right arnount of
light needed. Too rnuch light is
wasteful and harms wildlife.
. Install timers and dimmer
switches and turn off lights when
not in use. Ifyou must have
security lighting, use nlotion
scnsors.
. Turn off lights in office buildings
and homes when not in use.
. Use only lighting with a color
temperature of 30oo and below
to reducc the bluc cool light that
is more harmful to wildlife.
. Work with your neighbors and
local governments to ensure
outdoor lighting isn't harming
the wildlife iD your area.
S oarkskv
Lealn more about
light pollution and
lnsects wildlife habitats.
Creckos
Firellies
darksky.org/resources/what-is-lightpollution/ef f ects/wildlif e-ecosystems 7 ./
Item # 3.
FACT SHEET #lightpollurion
Bright lights do not
equate to greater safety.
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Lighting up the nighttime environment does not necessarily increase safety and security. Eifective lighting that helps people be safe -not just feel safe-is a win-win situation for everyone.
At home: Poor lighting can create a false
sense of security.
Poorly desigred outdoor lighting can bacldire on safety.
Bri8ht and rnisdirected lights create shadorvs for
criminals to hide, and some crimes, like vandalism, thrive in well-lit areas. Floodlights, for exanrple, rnay highlight potential targets.
ln town: Light for light's sake doesn't
equal increased safety.
While toffirs, cities, and businesses aim to elrhance safety with lighting, poorly aimed and inadequately shielded
lights can attract crimirals. A Chica8o study identified a correlation between increased crinre and overly bright
alleyways.
On the road: bad lighting creates unsafe
driving conditions.
Inadequate roadway lighting causes glare, contributing to accideuts, especially affecting older individuals. A 2o15 Journal of Epidemiology and C(nnrnunity Healtlr study
revealed that streetlights don't effectively prevent
accidents or crinre but they do cost a lot of money.
WHAT CAN I DO?
Make your home
safer with
lighting choices.
. Use fulty shielded, dark-sky
friendly fixtures so light shines
where it's needed and does IIot
create glare or extreme contrasts.
. Only use lights when and where
needed Install timers and
dimmer switches, and turn off
lights when not in use.Ifyou
must have security lighting, use
motion sensors.
. Use tlre right anrount of light.
Too u)uch light is waste[ul alrd
inrpairs vision.
. Use long-wavelength lights with
a red or yellow tint to minimize
negative health effects.
. Work with your local government
and comlnunity to improve
lighting conditions along
roadways and shared spaces.
. Cities and towrs can restrict the
use ofbriglrt signs and flashing
lights near roadways.
0 Darrcr<v
Learn more about
light pollution,
crime, and safely.
darksky.org/resources/what-is-l9htpollution/effecls/saf ety '' il
.t
,"-l
{
Glarc fiom unehlelded
E
llghtlng reduces oafety,
Busting the myth of bright lights and safety.
n
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Item # 3.
Light po!!ution wastes
money and resources.
30% of outdoor
lighting is wasted
in the U.S.
This produces 2l
million tons of
CO2 anually.
Light pollution wastes billions of dollars.
Darksky estimates that 30 percent of all outdoor lighting in the tr.S. is wasted, rnostly due to urrshielded or
excessively bright lights. This adds up to S3.l billion dollars wasted aruually. Installing qualily outdoor
IiBhtinB coLlld cut energy use by 6o to 70 percent, saving billions of dollars.
Light pollution contributes to the growing
climate crisis.
Artificial lighting at night and tlre energy required to produce it has a large carbon Iootprint. tn the U.S. alone, unnecessary lighting produces zt nrillion tons of carbon dioxide each year! 875 rnillion trees would Deed to be
planted annually to offset this waste.
875M
It'd take 875
million trees lo
offset this waste
darksky.org/resources/what-is-ligh1-
pollutaon/ef f ects/energy-climate
WHAT CAN I DO?
Maximize the
of your
home lighting.
. outdoor lighling shorrld be fully
shielded and directed downward
where it is needed. Fully shielded
fixtures can provide the same
level of ilhlmination on the
ground as unshiel(ied ones, but
with less energy and cost.
. Unnecessary indoor lightint -
particularly in cmpty office
buildings at night - should be
trlrned off, preventing leakage of
that light into the night sky.
. LEDS arrd con)pact fluorescents
(CFLs) can help reduce elrergy
usc and protect the environment,
but onlywarm-white bulbs
should be uscd.
. Dimmers, motion sensors, and
tinlers can help to reduce average
illumination Ievels and save cven
rnore ellerty.
E oarkskv
Learn more about
light pollution and
waste.
FACT SHEET #lightpolluilon
Lighting levels that are higher than necessary and light that shines when and where it's not needed is wasteful. Wasting energy on bad lighting design has huge economic and environmental consequences.
\
Item # 3.
Light pollution is the human-made alteration of outdoor light levels from those occurring naturally.
When we over-litht, fail to use timers and sensors, or use the wrong color of light, we can negatively affect many parts ofour$rorld, including migratory birds, pollinators, sea turtles, and mammals, ir']cluding humans. -
,,iI
What is Iight pollution?
FACT SHEET #lighrpollution
."/ Use only rhe
right autoullt
of Iight needed
Too rllurh light is
wastefu I and harmswildlife
/ Install timers and dimmer switches
and turn off lights when not irr use. If
you must have security lighting, use
tllotion sensors.
LIGHT POLLUTION FAC TS
Components of
light pollution
. Glare
-
excessive brightness that
causes visual discomfort
. Sky glow
-
brightening of the
night sky over inhabited areas
. Litht trespass
-
tight falling
where it is not intended or needed
. Clutter
-
bright, confusing, and
exce-ssive groupings of light sources
Harmful effects of
light pollution
A growing body of evidence links the
brightening night sk-y directly to
measurable negative impacts on:
tlri lrl:f6 -n.l ^^^-rrld,rr
What can I do about it?
The good news is that light pollution. unlike many other forms of pollution, is reversible, and each one of us can make a difference! Just being aware that light pollution is a problem is not enough - we need to take action.
y' Useo y fully shielded, Darksky
Approved fixtures for all outdoor
!,/ Turrr off li8hts in office buildints
and hon)es when not iD use.
y' Use orly lighting with a color
temperatur€ of Jooo K and below to
reduce the blue cool light that's
lrore hannful to Drany aninal
species.
The problem is growing
Research indicates that light pollution
is increasint at a global average rate of
ten percent per year.
YOUR LOCAL CHAPTER
DarkSky
!,,' Workwith your neighbors and local
govemmeDts to ensure outdoor
tithtint is 't hdrmint tlre wlldlifc ill
your area.
Iram more at u'Li_(r D.r rksh, o rr
MISSOURI
636-85r-9630
Join us!
Learn more by signing
up for DarkSky e-news
SP*H,*r 5O!9 E.sr Brodway Bt.,6105 Uchse rs 9.6nted to eproduce th,r tact sheel
'n
ils strety *th@l changes
Dow.lo.d tu.e fa.l the€t5 at
;t
ullacca9r^tla varY!^D
shine do$1r,
not up.
Visible night sky
.
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G
liBhting, so lithts
E+,p.IlE
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Item # 3.
107 East McKnight
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Item # 3.
234 South Auburn
Item # 3.
45'l East Main
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-
Item # 3.
2094 Nevada City Hwy
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Item # 3.
1 Taylor Whittingslow
From: KIMMICH RUDOLF - Voicemail box 8880 <[email protected]> Sent: Tuesday, October 28, 2025 7:43 PM
To: Public Comments
Subject: Voicemail from on Oct 28 2025 7:41 PM
Attachments: 1761705706-00001ed2.mp3
Follow Up Flag: Follow up
Flag Status: Flagged
You received a new voicemail message
New voicemail message
Time: Tuesday, October 28 2025 7:41 PM
From:
Duration: 58 seconds
Voicemail box: 8880
Transcript:
Hi, this is Matthew Coulter commenting on the shallow illumination sign in the Brunswick Basin. The Brunswick Basin is already over-lit and a total shock to your system. If you go in there at night, do your eyes have to totally re-adapt to the darkness? Wow, she went redhead or brunette. Interesting. So, the point being is you're destroying our psyche here in town with the lighting, the LED lighting, the signage. It's all basically designed to draw your attention and distract you to that specific thing, taking your eyes off what should be done, which is most likely driving your car in a highly trafficked pedestrian area, highly.
Item # 3.
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Item # 3.
3 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Tuesday, October 28, 2025 6:01 PM
To: Public Comments
Subject: Voicemail from on Oct 28 2025 5:57 PM
Attachments: 1761699462-00001eb5.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, October 28 2025 5:57 PM
From:
Duration: 1 minute 53 seconds
Voicemail box: 8880
Transcript:
Hi, this is Matthew Coulter commenting in the grass Valley City Council meeting on the consent item number four five six number four the landscaping subdivision cost of a hundred and twenty seven thousand three hundred twenty dollars to least brothers I believe is wrong, I believe that This citizen should not be paying for This type of work and I have watched them that company work repeatedly over here Memorial Park next door to my house and they do a very poor job. So I don't recommend that at all. And number five, the lift station on Slate Creek Road for the ****. They lift the **** into the sewage system. I hope that it can be more quality than other lift stations that seem to always have problems and leak and spill and the one on Taylorville Road with the bad bearing that you can hear from three blocks away.
I'm not really sure if it's doing what it's supposed to do because the lids off it and
Item # 3.
4 hoses are laying around and it looks kind of disorganized, unsanitary. Number six, Steve Johnson from the GVPD. He should be fired. The guy's a complete liar and he's just a complete shill. He's done more damage to probably the police department than the man above him, if that's even possible. But yes, Steve, I've got your lies all written down on paper that you personally sent to the court, unsolicited, to of course try to punish me further for no reason whatsoever. So along with the sinkhole debacle that you were involved in and you saw the fraud that was going on, so even though you're going to retire, you're still going to be liable, my friend. So run, but you can't hide. Thank you. Those are my comments on the consent calendar.
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Item # 3.
5 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Tuesday, October 28, 2025 5:58 PM
To: Public Comments
Subject: Voicemail from on Oct 28 2025 5:54 PM
Attachments: 1761699248-00001eb3.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, October 28 2025 5:54 PM
From:
Duration: 2 minutes 39 seconds
Voicemail box: 8880
Transcript:
Hi, this is Matthew Coulter making public comment for the city council meeting for grass valley. I'd like to start with number seven on the historic commission report to the council. Recently in the historic commission meeting several of the last both commissioners both Terry McAteer and the other woman who was acting as commissioner berated me. They believe I shouldn't speak in public. They believe that somehow my deceased mother is thinking ill of me or participating in local government, which she did for years. And I often tagged along with her. And they learned quite a bit about watching people and how they treat people in the general public and the way that the city has treated me. And I would expect a written letter of apology from both these commissioners and even though one female was on her way out the door, she even said like it was her last meeting or something. You might
Item # 3.
6 be speaking there tonight ill of me and my crude language. I suggest you look at the historic commission meetings where I was berated and the head of your commission wouldn't even stay in the meeting and listen to my public comment.
Which I believe is not how it's supposed to work. I believe that the city council has broken their oath to the people and recently the ethics and rules code that you guys have just re-established. You're vindictive children that need a bottle and a nap before you throw a tantrum. The injuries on the sidewalks are piling up as specific people get special treatment for their personal properties and there's several along South Auburn that I believe city money was used to go onto private property and give those people bonuses. The city attorney's rant also was just over the top. So we got a lot of slander, we've got a lot of accusations, none of them are proven, none of them are proven in court. You're going to take me to court again and sue me for a restraining order. I believe that you folks are mentally ill. I believe you should step down, and I believe that Haven shouldn't have people living in the woods starting fires, I believe that Hillary shouldn't be a DUI, I believe Jan is senile, I believe Tom is in another world. And for Joe, we put you there to do something positive. You've done absolutely nothing and you're a total disappointment. Thank you.
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Item # 3.
7 Taylor Whittingslow
From: ENGLISH BRENDA - Voicemail box 8880 <[email protected]> Sent: Tuesday, October 28, 2025 5:56 PM
To: Public Comments
Subject: Voicemail from on Oct 28 2025 5:52 PM
Attachments: 1761699165-00001eb2.mp3
Follow Up Flag: Flag for follow up
Flag Status: Flagged
You received a new voicemail message
New voicemail message
Time: Tuesday, October 28 2025 5:52 PM
From:
Duration: 1 minute 55 seconds
Voicemail box: 8880
Transcript:
Hi there, this is Brenda English and I live downtown. I just have to call again and tell you about your horrible sidewalks. I've already won a lawsuit against the city and I went flying the other day. I went into your office and filled out a report, but it's on the backside where the bookstore is. I don't even enjoy my walks with my dog anymore because I have to look down to see where my footing is. and some irritated driver was honking their horn, and I didn't know if it was someone that was honking for me to say hi, so I turned sideways, and in that two seconds, turned back and caught my tennis shoe in the downward hole and went flying downward. While I was in the ER, the nurse tells me, you can't believe how many people we have in here that are falls
Item # 3.
8 from downtown. And I went to my doctor's office today, and they told me that they just had a lady who fell in front of Tofinelli's. So our sidewalks are ******. They will be ******. They need to be addressed. Like I said, I've already won the lawsuit. I went in and filed a written report with you. I haven't heard anything back, but I had told the front desk that if I had anything broken, I'd come after you again. It's fortunate that I'm just bruised and broken with with no broken bones but cuts on my knees and bruises all over my body and my hip and so anyway I think you need to address your sidewalks more instead of the one block street in South Auburn and we were I had a friend going with me out to lunch at Maria's so we drove down South Auburn and he goes oh they've just redid the street and I said yeah they did and he goes well then why is it so bumpy I could feel it in my truck so I thought that was amusing too I guess I think that's what happens when you take the person who bids for the least amount. Thank you.
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Item # 3.
9 Taylor Whittingslow
From: GALLE JOHN - Voicemail box 8880 <[email protected]> Sent: Tuesday, October 28, 2025 5:43 PM
To: Public Comments
Subject: Voicemail from on Oct 28 2025 5:39 PM
Attachments: 1761698370-00001ea6.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, October 28 2025 5:39 PM
From:
Duration: 1 minute 57 seconds
Voicemail box: 8880
Transcript:
Yes, this is Patty Galley. I wanted to make a public comment on an item on your administrative agenda that was heard before you discussed that item. It's regarding the reports from the historical committee that you're going to hear. I wanted to address the Council again with my concerns regarding the committee's members using the meeting as a place to attack and demean Matthew Coulter. I sent an email to some counsel regarding this issue in that two months ago the chairperson went into a tirade about Matthew, mostly consisting of his deceased mother and what she was seeing, what she was hearing, what she was saying, and what she was feeling.
Not only was it creepy, but it was also totally inappropriate. Last month, yet again, another acting chairperson went on a rant trying to engage the committee in making a formal complaint about Matthew. The committee declined. There's a lot of
Item # 3.
10 discussion about Matthew and how he communicates by the city. It is only fair and professional that if you have an expectation of Matthew and how he communicates at meetings, that the people sitting at the dais of any meeting also respect citizens. If a meeting member is concerned about Matthew or anyone in their communication, there are many other ways to address the issue. Demeaning the citizen and talking about dead relatives is not the way. When this comes up, I ask that the Council educate and advise the Historical Committee on how to professionally process their complaints and concerns and be considerate of what you are expecting of others, you support yourselves. Thank you.
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Item # 3.
Item # 3.
GRASS VALLEY
Special City Council Meeting
Wednesday, November 05, 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
CALL TO ORDER
The meeting was called to order at 6:01 pm.
PLEDGE OF ALLEGIANCE
Mayor Hodge led the Pledge of Allegiance.
ROLL CALL
PRESENT
Councilmember Jan Arbuckle
Councilmember Joe Bonomolo
Councilmember Tom Ivy
Vice Mayor Haven Caravelli
Mayor Hilary Hodge
AGENDA APPROVAL -
Motion made by Councilmember Arbuckle, Seconded by Vice Mayor Caravelli.
Voting Yea: Councilmember Arbuckle, Councilmember Bonomolo, Councilmember Ivy, Vice Mayor Caravelli, Mayor Hodge
CONSENT ITEMS -
None.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
ADMINISTRATIVE
1. Downtown Grass Valley Roundabout Project – Approve Engineering Concept CEQA: N/A – CEQA review will be completed as part of the project work Recommendation: That Council approve a selected project alternative for the Downtown Grass Valley Roundabout Project
City Engineer Bejorn Jones presented an overview of the Grass Valley Downtown Roundabout Project and introduced representatives from GHD (consultant engineers) and NCTC. He summarized the project history, background, and current stage within the Project Approval and Environmental Documentation (PAED) phase.
Item # 4.
City of Grass Valley, CA MINUTES November 05, 2025
Staff recommended proceeding with either Option 2 or Option 5, noting both options meet funding and grant criteria while improving safety and functionality. The consultant team discussed accessibility features, bicycle and pedestrian improvements, and compliance with ADA standards.
Public Comment: Jay Straus, Shaun Johnson, Tim McCall, Bob Branstrom, Scott Meadows, Brenda English, Kathy, Ted, Matthew Coulter
Council members discussed; project funding, timeline, and grant deadlines (environmental clearance required by September 2026); Traffic modeling and potential impacts to surrounding streets; Pedestrian and bicycle safety, including design features for visually impaired users; Construction phasing, with preference for nighttime work to minimize downtown disruption; Coordination with Caltrans and other local construction projects on Highway 49; Long-term pedestrian connectivity to the Wolf Creek Trail and downtown.
Council members expressed differing preferences for Option 2 and Option 5.
Concerns included right-turn-only restrictions, potential traffic circulation through private lots, and maintaining safe pedestrian crossings.
Staff brought up the idea with the use of Option 5 to make South Auburn a one way street and eliminate the right out, and utilize the extra space for parking.
Motion by Councilmember Ivy, seconded by Councilmember Bonomolo, to approve Alternative 5.
Voting Yea: Councilmember Bonomolo, Councilmember Ivy, Mayor Hodge Voting Nay: Councilmember Arbuckle, Vice Mayor Caravelli
ADJOURN
The meeting was adjourned at 7:48 pm.
_____________________________ ________________________________ Hilary Hodge, Mayor Taylor Whittingslow, City Clerk
Adopted on: __________
Item # 4.
1 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Wednesday, November 5, 2025 6:30 PM
To: Public Comments
Subject: Voicemail from WIRELESS CALLER at on Nov 5 2025 6:26 PM Attachments: 1762396015-00002508.mp3
You received a new voicemail message
New voicemail message
Time: Wednesday, November 5 2025 6:26 PM
From: WIRELESS CALLER
Duration: 1 minute 58 seconds
Voicemail box: 8880
Transcript:
Hello. My name is Hannah English. I live on South Auburn Street in Grass Valley, California. I am completely against this huge roundabout that you guys want to put in. My mother and I walk those streets daily and, I mean, people don't even stop at the stop signs to let us pass, I've almost gone hit multiple times. I've been in the middle of the crosswalks and people just zoom right behind me like I'm not even in the crosswalk. So, and I've witnessed at the current roundabout that we have in Grass Valley that, I mean, even at that roundabout people don't stop for pedestrians.
Same thing, I've witnessed multiple people almost get hit at the East Main roundabout. I've seen people waiting for cars to come to a stop and they don't. So I think adding this huge roundabout with not only multiple roads connecting to it, but the freeway off and on ramps, all those cross logs, I mean, it's not going to be good.
Item # 4.
2 There's going to be tons of accidents. I wouldn't be surprised If there's going to be some vehicle versus pedestrian calls, this is not safe at all. There's going to be multiple accidents. I mean, there's already multiple accidents on Highway 49 at their roundabouts. People don't know how to drive in a roundabout. They don't yield or they just come to a complete stop for no reason. Yeah, thanks.
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Item # 4.
1 Taylor Whittingslow
From: SNYDER BRIAN - Voicemail box 8880 <[email protected]> Sent: Wednesday, November 5, 2025 5:03 PM
To: Public Comments
Subject: Voicemail from SNYDER BRIAN at on Nov 5 2025 5:01 PM Attachments: 1762390887-000024c2.mp3
You received a new voicemail message
New voicemail message
Time: Wednesday, November 5 2025 5:01 PM
From: SNYDER BRIAN
Duration: 40 seconds
Voicemail box: 8880
Transcript:
Hello, this is Brian Snyder. I live at 319 Chapel Street in Grass Valley. And I am blind, and it's very important for me to hear the surge of traffic or when it stops. With a roundabout, I am not able to hear that. So traffic is constantly moving, so I don't know when to go. So that is a problem for those that are blind like myself, and so I oppose the roundabout at that intersection. Thank you for your time and have a good evening.
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Item # 4.
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Item # 4.
Item # 4.
Item # 4.
Item # 4.
Item # 4.
Item # 4.
8 Taylor Whittingslow
From: Larry Matz
Sent: Tuesday, November 4, 2025 9:33 AM
To: Public Comments
Subject: Proposed 49/20/174 “peanut” construction
[You don't oŌen get email from Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Although funded in part by AlternaƟve TransportaƟon funds intended to encourage cycling , the proposal appears to lack adequate guidance and safeguards for cyclists and motorists.
ExisƟng guidance from NACTO and others idenƟfies the necessary design parameters essenƟal to avoid cyclist injuries and deaths through roundabouts and more complex interchanges such as this proposal. Elements such as protected or separate bike lanes, clear signage idenƟfying the right for cyclists to “use full lane” and /or motorists “ yield to cyclists” are criƟcal. These highways are heavily used connecƟvity corridors for many area cyclists and it’s essenƟal that there are adequate safety provisions.
Sent from my iPad
Item # 4.
Item # 4.
Item # 4.
Item # 4.
Item # 4.
13 Taylor Whittingslow
From: Katherine Thompson
Sent: Monday, November 3, 2025 9:44 PM
To: Public Comments
Subject: Input on Peanut Roundabout
[You don't oŌen get email from . Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Honorable Mayor and Council Members:
We encourage the City to add addiƟonal safety features for cyclists in the design of the new roundabout. We would like to call aƩenƟon to the NaƟonal AssociaƟon of City TransportaƟon Officials recommendaƟons, idenƟfied in their design guide, hƩps://gcc02.safelinks.protecƟon.outlook.com/?url=hƩps%3A%2F%2Fnacto.org%2FpublicaƟon%2Furbanbikeway-design-guide%2Fdesigning-safe-intersecƟons%2Funsignalized-intersecƟons%2Froundabouts-and-circularintersecƟons%2F&data=05%7C02%7Cpublic%40cityofgrassvalley.com%7Ccbe214ed8532492af74e08de1b652df3%7C9ae 77aa305d441df9e87a50878f705ff%7C0%7C0%7C638978318553096311%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1h cGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C60000%7C%7C%7C&sd ata=h88H%2FN99hOZcu%2BD%2BgOt3QZ5rst2ioygQHJrIPL1zdlg%3D&reserved=0 These safety features include:
-A separate, protected bike lane within the roundabout -Bike crossings separate from pedestrian crossings.
The NACTO guidance explains several alternaƟves to provide these important safety measures.
Thank you for consideraƟon of our comments.
Sincerely,
Katherine Thompson
President
Sierra Express Bicycle Club of Nevada County
916.835.1541
sierraexpress.org
Item # 4.
Item # 4.
Item # 4.
Grass Valley Downtown Association
128 East Main Street, Grass Valley, CA 95945
(530) 272-8315 • downtowngrassvalley.com
City of Grass Valley November 5, 2025
125 East Main Street
Grass Valley, CA 95945
Dear Mayor and Councilmembers,
On behalf of the Grass Valley Downtown Association (GVDA), thank you for the City’s continued investment in improving the South Auburn/Colfax/Neal/Tinloy/Hansen/SR 20 interchange—an important gateway to downtown.
GVDA’s mission is to support the economic vitality of downtown. While we do not take a position on a specific design alternative, we respectfully request that the City stipulate the following conditions as part of the project approval:
• Nighttime construction, wherever feasible, reduces daytime business and traffic impacts. • Streetscape consistency so that the gateway reflects downtown’s established design palette, materials, and finishes.
• Strong construction management and clear communication with downtown businesses throughout all phases.
• Access and wayfinding plans to maintain customer and delivery access; and • Accountability and schedule discipline to minimize disruptions during peak retail seasons and community events.
These measures are practical, measurable, and essential to preserve access, safety, and economic activity during construction. GVDA stands ready to assist with merchant outreach, communication, and sharing detour and parking information through our channels.
Thank you for the opportunity to partner with the City on this important project.
Sincerely,
Joy Porter, Chair, Grass Valley Downtown Association
Item # 4.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Community Risk Reduction Manager-Office of Emergency Services Specialist CEQA: Not a Project
Recommendation: That Council 1) review and approve the updated job description for Community Risk Reduction Manager to include duties in alignment with an Office of Emergency Servies Specialist.
Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 11/12/2025 Date Prepared: 11/7/2025 Agenda: Consent
Background Information:
On November 12, 2024, the City Council approved the job description for the Community Risk Reduction Manager position as part of the Measure B implementation and the City’s continued commitment to community safety. Since that time, staff has reviewed the operational scope of the position and determined that the duties more closely align with both Community Risk Reduction and the City’s Office of Emergency Services functions. The proposed title change to Community Risk Reduction & Office of Emergency Services Specialist more accurately reflects the work performed, aligns the position with comparable regional classifications, and supports the City’s ongoing efforts in emergency preparedness, mitigation, response, and recovery activities.
Council Goals/Objectives: This item executes portions of work tasks towards achieving/maintaining the Strategic Plan – High Performance Government & Quality Service and Productive and Efficient Workforce.
Fiscal Impact: None
Funds Available: Account #:
Reviewed by: City Manager
Attachments:
1. Job Description for Community Risk Reduction Manager-Office of Emergency Services Specialist.
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST Department: City Manager FLSA Status: Exempt
Reports To: City Manager Unit: Contract (At Will)
SUMMARY OF JOB PURPOSE Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
Under the direction of the City Manager or their designee, the Community Risk Reduction Manager is responsible for developing, organizing, implementing, and overseeing community risk reduction programs, including vegetation management, code enforcement, defensible space, grants management, public education, and other strategic initiatives. This position performs a variety of administrative, technical, and managerial duties involving sound fiscal practices and ensures compliance with applicable City, State, and Federal codes and regulations. The role promotes community awareness of public safety and all risk community preparedness, provides both office and field-based oversight, and may respond to incidents to assist with response and recovery efforts. The position also provides highly complex analytical and programmatic support to the City Manager or designee.
In addition, the Community Risk Reduction Manager serves as a key liaison to external agencies and internal committees on matters of vegetation risk reduction. Working under broad administrative guidance, the position organizes, develops, and oversees programs that include vegetation and home-hardening inspections of residential and commercial properties. This includes inspections related to code enforcement, public education, and community outreach. The Community Risk Reduction Manager also provides high- quality customer service, addressing and resolving concerns and complaints from residents, businesses, and other stakeholders.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the City Manager or their designee. Exercises direct supervision over subordinate professional, technical, clerical and management staff.
ESSENTIAL FUNCTIONS The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Investigate vegetation or other related complaints of violation of City and state
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST codes, ordinances, and regulations; photograph or video record evidence of violation; issue letters to property owners notifying them of violation; conduct followup investigations to ensure compliance with applicable codes and ordinances; develop and maintain accurate case files.
2. Designs, implements, and administers wildland fire prevention goals, objectives, and budgets while closely following agency/Council resolutions defining the special tax spending goals and limitations, and is responsible for recruiting, hiring, and overseeing an internal support team as required along with subcontracted vendors.
3. Respond in writing, by phone, and in person with City residents, businesses and others regarding complaints and follow-up activities taken to resolve issues.
4. Prepare vegetation-related abatement cases; prepare notices and required correspondence and documents; follow up to ensure compliance with City and state requirements.
5. Participate in the preparation of documentation for submission to the City Attorney to file complaints for noncompliance;
6. Provide information to violators, the general public, business community and other government agencies regarding City and state codes, laws and ordinances; respond to questions, complaints and inquiries.
7. Maintain files and records related to citations and violations; prepare a variety of written reports, memoranda and correspondence.
8. Confer and coordinate with other agencies and City departments, including Planning and Building, Public Works, Fire, and Police, on the investigation and disposition of vegetation nuisances, and related violations.
9. Participate in and provide advice and guidance on the development of new codes or revisions to existing codes related to enforcement of vegetation related violations of the Municipal Code.
10.Input and retrieve a variety of information using a computer terminal, tablet or other electronic device.
11.Coordinate with other public and private agencies to abate public nuisances.
12.Assume responsibility for the adequate and accurate maintenance of City vegetation management records; assume responsibility for the submittal of all formal annual reports required by the City Manager, City Council, County, and state and federal governments.
13.Manage the development and implementation of departmental goals, objectives, and priorities for each assigned service area; recommend and administer policies and procedures.
14.Establish, within City policy, monitor and evaluate the efficiency and effectiveness of vegetation management service delivery methods and procedures; allocate
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST resources accordingly.
15.Assess and monitor work load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct and implement changes.
16.Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
17.Participate in the development and administration of the division budget; approve the forecast of funds needed for staffing, equipment, materials, and supplies; approve expenditures and implement budgetary adjustments as appropriate and necessary.
18.Represent the City to other departments, elected officials, and outside agencies; coordinate assigned activities with those of other departments and outside agencies and organizations.
19.Routinely promote articles, press releases, seasonal information, City and community events, seek out interviews, presentations, and public speaking opportunities that promote the community risk reduction strategies of the City.
20.Review, analyze, and document fire and hazard data to determine the effectiveness of programs while monitoring trends.
21.Develop, oversee, and/or execute requests for proposals (bids) and contracts.
22.Conduct Defensible Space Inspections/Re-inspections of Properties
23.Fill out inspection notices and enter inspections into record management system.
24.Responsible for vegetation management and weed abatement including evaluation of all City-owned
25.Plans, prioritizes, assigns, supervises and reviews the work of subordinate staff members in assigned functions and activities; monitors and evaluates work in progress to ensure compliance with goals and policies.
26.Participates in the selection of staff; recommends the appointment of subordinate personnel; trains, motivates and evaluates staff; provides or coordinates staff training; works with employees to correct deficiencies; assists in the implementation of discipline procedures.
27.Monitors work activities to ensure safe practices, quality and accuracy; ensures compliance to applicable rules, policies and procedures.
28.Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field.
29.Perform related duties as required.
KNOWLEDGE, SKILLS AND ABILITIES: The following generally describes the knowledge and
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
1. Basic codes, ordinances, laws and regulations pertaining to building and zoning compliance, including sections of California penal codes, vehicle codes and health and safety codes.
2. Investigative practices and principles.
3. Basic principles and procedures of record keeping.
4. Modern office procedures and methods including computers.
5. Effective oral and written communication methods.
6. Proficient computer skills and Microsoft Office suite of programs.
7. Negotiation and conflict resolution techniques.
8. Occupational hazards and standard safety procedures.
9. Principles and practices of grants administration.
10.Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.
11.Principles and practices of program development and administration. Principles of supervision, training, and performance evaluation.
12.Pertinent federal, state, and local laws, codes, and regulations including those impacting vegetation management areas.
13.Recent developments, current literature, and sources of information related to assigned programs and services.
14.Techniques for effectively representing the City in contacts with governmental agencies, community groups and various professional, educational, regulatory and legislative organizations.
15. Techniques for providing a high level of customer service to the public and City staff.
16.Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
17.Report writing and research methods.
Ability to:
1. Learn to perform public education, outreach, and media interactions.
2. Develop plans to mitigate the impact and propagation of fire in the wildland-urbaninterface (WUI) and participate in the design, implementation, and supervision of mitigation projects in collaboration with the local Fire Chief/Public Safety leadership,
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST regional, and National experts while developing partnerships with related agencies including, but not limited to; neighboring municipalities, Counties, CAL FIRE, Federal Emergency Management Agency, California Office of Emergency Services, United States Forest Service and Non-Profit Organizations.
3. Apply common sense understanding to carry out instructions furnished in written, oral or diagram form; analyze and resolve problems involving circumstances and/or events using standardized methods or procedures.
4. On a continuous basis, analyze budget and technical reports, interpret and evaluate staff reports; know laws, regulations and codes; identify and interpret technical and numerical information; observe performance and evaluate staff; problem-solve department related issues; remember various rules and procedures; and explain, interpret and apply policy.
5. Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
6. Be self-motivated and able to motivate others.
7. Independently organize work, set priorities, meet critical deadlines and follow-up on assignments.
8. Use tact, initiative, prudence, and independent judgement.
9. Operate a motor vehicle and emergency response vehicle, radio and other necessary and essential equipment.
10.Establish and maintain effective working relationships with those contacted in the course of work.
QUALIFICATIONS
To perform this job successfully, the incumbent must be able to perform each of the essential duties satisfactorily. Reasonable accommodations may be made to enable incumbents with disabilities to perform the essential functions. The requirements listed are representative of the knowledge, skill and/or ability required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
1. Must pass a medical examination to verify the ability to physically perform all required duties and must be free from any physical, emotional, or mental condition which might adversely affect the ability to perform essential job duties.
2. Must be physically able to perform the duties of this position, including the mobility to work in a standard office setting and use standard office equipment, including a
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST computer; the ability to operate a motor vehicle and to visit various City sites and attend off-site meetings; vision to read printed materials and a computer screen; hearing and speech to communicate in-person, before groups and over the telephone; finger dexterity to access, enter and retrieve data using a computer keyboard, typewriter keyboard or calculator and to operate standard office equipment; climb, balance and stoop, kneel, crouch or crawl and frequently lift and/or carry up to 70 pounds. On a continuous basis, sit at a desk and in meetings for long periods of time. Intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone and communicate through written means. Specific vision ability required by this job includes close vision, color vision, peripheral vision, depth perception and ability to adjust focus with or without ocular aids. The employee must be able to work in variable temperatures and weather conditions and have the ability and willingness to work around and to tolerate unpleasant odors and objectionable substances common to the field.
3. Incumbents work in an office environment with moderate noise levels, controlled temperature conditions and no direct exposure to hazardous physical substances and may interact with upset staff and/or public representatives in interpreting and enforcing departmental policies and procedures. Incumbents will also work outdoors in conditions that can be wet and/or humid and with occasional exposure to extreme temperatures including heat of 100° or more and sub-freezing cold as well as rain and snow, hazardous chemicals, biohazards, and injury. Employee will be required to wear a respirator as well as dust and filter masks while performing certain job functions.
4. Employees may be required to work on evenings, weekends and holidays.
5. Employee may be required to wear a City-issued uniform.
6. Some accommodations may be made for some physical demands for otherwise qualified individuals who require and request such accommodations.
EDUCATION AND EXPERIENCE - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST
EDUCATION AND EXPERIENCE REQUIRED
1. At a minimum a high school diploma or General Education Degree (GED) is required with eight years experience in one or more of the following: fire service, public administration, public education, public information, program management or related fields.
OR
Associate’s degree from an accredited college of university is required with three years experience in one or more of the following: fire service, public administration, public education, public information, program management or related fields.
OR
Bachelor’s degree from an accredited college or university is required with 1 year experience in one or more of the following: fire service, public administration, public education, public information, program management or related fields.
OR
At the discretion of the appointing authority, experience in the core job functions may be considered as substitute for the educational requirements above.
LICENSES AND CERTIFICATIONS
2. Valid Class C California Driver’s License (CDL) with an acceptable driving record.
Class A or B CDL within 6 months of appointment may be required.
3. Public Education training or certification or Public Information Officer training or certification or equivalent (within 6 months of appointment).
4. First Aid and CPR Certificates with 6 months of hire.
5. I-100/200 within 6 months of hire, I-300 within 12 months of hire.
6. Course work for Defensible Space Inspector 1 completed within 6 months of hire.
7. Must pass an appropriate background check prior to hire date.
Item # 5.
City of Grass Valley
JOB DESCRIPTION
This job description indicates in general the nature and levels of work, skills, abilities and other essential functions (as covered under the Americans with Disabilities Act) expected of the incumbent. It is not designed to cover or contain a comprehensive listing of activities, duties, or responsibilities required of the incumbent. Incumbent may be asked to perform other duties as required. The City of Grass Valley is an EQUAL OPPORTUNITY EMPLOYER.
COMMUNITY RISK REDUCTION MANAGER- OFFICE OF EMERGENCY SERVICES SPECIALIST
GENERAL
The City reserves the right to revise or change classification duties and responsibilities as the need arises. This description does not constitute a written or implied contract of employment.
I have read and understand the contents of this job description, and I have received a copy of this job description for my records.
Print Name:
Signature: Date:
Adopted: November 12, 2024
Revised: November 12, 2025
Item # 5.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Approval and Execution of Amended Standard Agreement No. 19-HOME-14968, Amendment 1, with the California Department of Housing and Community Development
CEQA: Not a project
Recommendation: That the City Council authorize the Mayor to sign the Amended Standard Agreement No. 19-HOME-14968, Amendment 1, with the California Department of Housing and Community Development (HCD), extending expenditure and drawdown deadlines, and revising provisions related to HOME-funded projects.
Prepared by: Taylor Whittingslow, Deputy City Manager
Council Meeting Date: 11/12/2025 Date Prepared: 11/5/2025 Agenda: Consent
Background Information: In 2019, the City of Grass Valley entered into a Standard Agreement (No. 19-HOME-14968) with the California Department of Housing and Community Development (HCD) for the administration of HOME Investment Partnerships Program (HOME) funds. The funding supports eligible housing activities in the City, including construction, rehabilitation, and assistance for low-income households.
Since the award of this contract, the HOME funds have been frozen by the State, preventing the City from utilizing the awarded funds to support local housing activities. Approval of this amendment will allow the City to extend the contract term and preserve eligibility for these funds with the hope that the State will unfreeze the funds and allow the City to utilize them in the future.
The Amended Agreement (No. 19-HOME-14968, Amendment 1) modifies Exhibit E (Authority, Purpose, and Scope of Work) of the original contract. Key revisions include:
• Expenditure Deadline: Extended to July 17, 2028
• Drawdown Deadline: Extended to September 17, 2028
• Agreement Expiration Date: Extended to July 17, 2040
Additional provisions have been added to comply with federal regulations:
• Funds not drawn from the federal treasury by December 17, 2028, will no longer be available for disbursement.
Item # 6.
• In accordance with 24 CFR 92.254, any HOME-funded homeownership units that do not have a ratified sales contract with an eligible homebuyer within nine (9) months of completion must be rented to an eligible tenant pursuant to 24 CFR
92.252.
All other terms and conditions of the original agreement remain unchanged. Execution of this amendment will allow the City to maintain its participation in the HOME Program and retain the potential to utilize these funds once released by the State.
Council Goals/Objectives: This item executes portions of work tasks towards achieving/maintaining the Strategic Plan – Economic Development.
Fiscal Impact: There is no change to the total award amount of $500,000.00. This amendment extends deadlines and updates regulatory provisions, ensuring the City remains in compliance and retains the opportunity to access these funds when they become available.
Funds Available: Yes Account #: 233-304
Reviewed by: City Manager
Attachments:
1. Amended Agreement No. 19-HOME-14968, Amendment 1 (STD 213A)
2. Original Agreement
Item # 6.
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev 04/2020)
☐ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES 19-HOME-14968 1 City of Grass Valley
11/30/2021
07/17/2040
$500,000.00
See Attached
See Attached
AGREEMENT NUMBER AMENDMENT NUMBER Purchasing Authority
Number
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY NAME
Department of Housing and Community Development
CONTRACTOR NAME
2. The term of this Agreement is:
START DATE
THROUGH END DATE
3. The maximum amount of this Agreement after this Amendment is:
4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:
Exhibit E (Authority, Purpose and Scope of Work) is hereby being revised as Exhibit E AM. 1 (Authority, Purpose and Scope of Work, Rev. 09/2025), with changes as follows:
Expenditure deadline extended to 07/17/2028, Drawdown deadline extended to 09/17/2028, and Agreement expiration date extended to 07/17/2040;
Exhibit E, Section 3.D. revised to include "Any funds in this contract not drawn from the federal treasury by the federal reversion date of December 17, 2028, shall no longer be available for disbursement," and Exhibit E, Section 4. B. revised to include "Pursuant to 24 CFR 92.254, any homeownership units funded by HOME that do not have a ratified sales contract with an eligible homebuyer for the housing within nine (9) months of the date of completion of construction or rehabilitation using HOME funds, shall be rented to an eligible tenant pursuant to the requirements of 24 CFR 92.252."
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
PRINTED NAME OF PERSON SIGNING TITLE
See Attached
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
CONTRACTING AGENCY AUTHORIZED SIGNATURE
TITLE
CITY
Sacramento
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
651 Bannon Street, Suite 400
PRINTED NAME OF PERSON SIGNING
ZIP
95811
STATE
CA
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICE APPROVAL EXEMPTION (If Applicable)
Exempt per: SCM Vol. 1 4.04. A.3 (DGS memo date 06/12/1981) SCO ID:
Contract Services Section Manager
1
Item # 6.
STATE OF CALIFORNIA
STANDARD AGREEMENT - AMENDMENT
STD 213A (Rev 04/2020)
19-HOME-14968, Am. 1
CONTRACTOR
of 2
City of Grass Valley
City of Grass Valley
a California City
City Mayor
Hilary Hodge
By: ______________________________ Date: ___________________ Address:
125 East Main Street
Grass Valley, CA 95945
Item # 6.
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SCO ID:
SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER
STD 213 (Rev. 04/2020) 19-HOME-14968
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Grass Valley
2. The term of this Agreement is:
START DATE
PURCHASING AUTHORITi' NUMBER (if applicable)
THROUGH END DATE
10/31/2039
3. The maximum amount of this Agreement is:
$500,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit
Exhibit
A
B
Authority,
Budget Detail
Purpose
and Payment
and Scope
Provisions 3
of Work 3
Exhibit C* State of California General Terms and Conditions GTC - 04/2017 Exhibit D HOME Program Terms and Conditions 36
Exhibit E Special Conditions 2
TOTAL NUMBER OF PAGES ATTACHED 44
/terns shown with an asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www. dgs. ca. gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Grass Valley
CONTRACTOR BUSINESS ADDRESS
125 East Main Street
PRINTED NAME OF PERSON SIGNING
'^fcrs»jr,y»<^<A. Irfs^l ^-^-e. u I t^v^^.
CONTRACTOR AUTHORIZ IGNATURE
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130
PRINTED NAME OF PERSON SIGNING
Shaun Singh
CONTRACTING AGENCY AUTHORIZED SIGNATURE
CITY
Grass Valley
STATE
CA
ZIP
95945
TITLE
/itt^-v^tX^.
DATE SIGNED
^/^.s/^
STATE OF CALIFORNIA
CITY
Sacramento
STATE
CA
TITLE
Contracts
ZIP
95833
Manager,
Business & Contract Services Branch
DATE SIGNED
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4. 04.A. 3 (DGS memo dated 06/12/1981) Upon HCD Approval
11/30/2021
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT A
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of the conditional reservation of funds under the State of California's administration of the HOME Investment Partnerships Program (hereinafter "HOME") by the Department of Housing and Community Development (hereinafter "Department") pursuant to the provisions of the Cranston-Gonzalez National Affordable Housing Act (42 USC 12741 et seq.), the HOME Investment Partnerships Program (Title 24 Code of Federal Regulations Part 92), California Health and Safety Code Section 50896, and Title 25, Division 1, Chapter 7, Subchapter 17 of the California Code of Regulations (hereinafter “CCR”), Sections 8200 through 8220 (“State Regulations”), all in effect and as amended from time to time. The HOME Program is listed in the Catalog of Federal Domestic Assistance (CFDA) as 14.239 - HOME Investment Partnerships Program.
In accepting this conditional reservation of funds, the Contractor (sometimes referred to herein as the “HOME Recipient”) agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) under which the HOME Recipient applied, and which is further described in Exhibit E, the representations contained in the HOME Recipient’s application for this funding allocation (the "Application"), and the requirements of the authorities cited above.
2. Scope of Work
HOME Recipient shall perform the Scope of Work (hereinafter “Work”), including deadlines thereto, as described in Exhibit E and the Application, which is on file at the Department, Division of Financial Assistance, 2020 West El Camino Ave., Sacramento, California, and which is incorporated herein by reference. All written materials or alterations submitted as addenda to the original Application and which are approved in writing by a HOME Program Manager or higher Departmental official, as appropriate, are hereby incorporated as part of the Application. The Department reserves the right to require the HOME Recipient to modify any or all parts of the application to comply with HOME federal and/or state regulations. The Department reserves the right to review and approve all Work to be performed by the HOME Recipient in relation to this Agreement. Any proposed revision to the Work must be submitted in writing for review and approval by the Department. Any approval shall not be presumed unless such approval is made by the Department in writing.
The Work in this Agreement is limited to one or more of the following HOME program activities as defined in California Code of Regulations Title 25, Section 8201: (1) FirstTime Homebuyer Program; (2) Owner-Occupied Rehabilitation Program; and (3) Tenant-Based Rental Assistance Program.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT A
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
The Work in this Agreement does not include any “First-time homebuyer project” as defined in California Code of Regulations Title 25, Section 8201.
3. Contract Amount
For the purposes of performing the Work, the Department agrees to provide the amount shown on Page 1, No. 3 of this Agreement (as identified in STD 213) and as further described in Exhibit E Section 2. In no instance shall the Department be liable for any costs for Work in excess of this amount, nor for any unauthorized or ineligible costs.
The HOME Recipient agrees to administer this allocation in accordance with the provisions of 24 Code of Federal Regulations (hereinafter “CFR”) Part 92 and Title 25 of the CCR Section 8200 through Section 8220.f.
4. Activity Delivery Costs
HOME Recipients shall report the amount of Activity funds used for project-related soft costs, otherwise known as Activity Delivery Costs (hereinafter “ADC”), on all HOME Project Set-Up and Completion Reports (hereinafter “PCRs"). The HOME Recipient must request ADC in proportion to the amount of Activity funds being drawn down. The maximum amount of ADC that may be drawn for each specific activity is:
A. Up to 24% of the HOME loan/grant amount for Owner-Occupied Rehabilitation (OOR). Activity delivery costs for rehabilitation projects may exceed the 24% limit if documentation of actual costs is provided to HCD with each PCR.
Documentation must be of actual costs; consultant billings, without documentation of underlying actual costs, are not adequate; B. Up to 6.5% of the HOME loan/grant amount for First-Time Homebuyer (FTHB) activities;
C. Up to 6.5% of the HOME construction loan amount for First-Time Homebuyer activities involving in-fill new construction; and,
D. Up to 5% of the total household assistance amount, to reimburse the administrative cost of only unit inspections and household eligibility determinations for Tenant-Based Rental Assistance, in accordance with HOME Regulations at 24 CFR Part 92.209(a).
The total amount of ADC drawn down during the entire contract term must be for actual costs incurred according to 2 CFR Part 200, and have documentation in each project file to support ADCs claimed.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT A
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
5. Authority to Contract
Contractor has the capacity, financial resources, staff resources and authority to fulfill the obligations required of it hereunder, and nothing prohibits or restricts the right or ability of Contractor to carry out the terms hereof.
6. Other Funding Sources
A. Other Funding Sources - The HOME Recipient shall report on the value of other contributions included as leverage to the project activity with each Project Set-Up and Completion Report. The Project Set-Up and Completion Report is the report which conveys the information needed to establish a project-specific account in the Federal Integrated Disbursement and Information System (hereinafter “IDIS”). It is also the report that is used to convey any changes to the project-specific account or report the final project-specific information in IDIS established by U.S. Department of Housing and Urban Development (hereinafter “HUD”).
B. Match - All matching contributions for a specific activity required by 24 CFR Part
92.218-92.222 are waived. However, the HOME Recipient shall report all matcheligible funding in the PCR.
C. Subsidy Limits -The amount of HOME funds that the HOME Recipient may contribute to HOME-assisted housing on a per-unit basis may not exceed the per-unit subsidy dollar limits established by HUD, as referenced in 24 CFR Part
92.250.
7. HOME Program Contract Coordinator
The HOME Recipient's contact for this Agreement may vary; therefore, you will be contacted directly by your assigned HCD program representative. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be sent by e-mail or First-Class mail as shown below:
Email: [email protected]
Address: Department of Housing and Community Development Division of Federal Financial Assistance – HOME Program P.O. Box 952054
Sacramento, CA 94252-2054
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT B
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Definitions
A. "Activity Delivery Costs” (hereinafter “ADC”) means a project’s "related soft costs" as this term is defined at Title 24 of the Code of Federal Regulations (hereinafter “24 CFR”) Part 92.206(d). ADCs are included in the "HOME Activity Funds". The HOME Recipient may expend up to the indicated ADC maximum as identified in Exhibit A, Section 4. HOME funds for Activity Delivery Eligible Project Costs and HOME Activity Funds shall be drawn down at the same time. If the activity is not completed, and a Project Completion Report for the full amount drawn down is not filed, all HOME funds, including ADC, must be repaid to the Department as identified in Exhibit D, Section 12c.
B. “Project Set-Up” refers to the forms and process required to reserve HOME funds in the federal Integrated Disbursement and Information System (IDIS) for a specific HOME-assisted project.
C. “Project Disbursement” refers to the forms and process required to request the drawdown of HOME funds from IDIS for a project's previously-reserved HOME funds.
D. “Project Completion Report” refers to the form and process required to report a project “complete”. The Project Completion Report must be submitted to HCD within 60 days of the final draw request. If the activity is not complete, and a Project Completion Report for the full amount drawn down is not filed, all HOME funds for the particular project must be repaid to the Department.
E. "Administration" refers to eligible administrative and planning costs as provided in 24 CFR Part 92.207.
2. General Set-Up Requirements
The HOME Recipient shall submit the following for the Department’s approval, prior to project set-up in IDIS:
A. The “General Set-Up Conditions Checklist” on a form provided by the Department and any required supporting documentation, including a program administration budget, and Affirmative Fair Market Analyses with marketing plan.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT B
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. For First-Time Homebuyer (hereinafter “FTHB”) Activities, the HOME Recipient shall submit a revised FTHB Feasibility Worksheet (Exhibit B7 of the HOME NOFA Program Activities application) as part of its General Set-up Conditions to confirm program feasibility.
C. Any other documents, certifications, or evidence deemed necessary by the Department prior to Project Set-Up.
3. Administrative Disbursement Requirements
Prior to requesting administrative funds, the HOME Recipient shall submit the following:
A. Payee Data Record (STD 204 or TIN Form as applicable); B. Completed HUD “Exempt or Categorically Excluded, Not Subject to 58.5” environmental form marked as “Exempt” for HOME General Administration at https://www.hudexchange.info/resource/3141/part-58-environmental-review-exemptor-censt-format/
4. Individual Project Set-Up Requirements
The HOME Recipient shall submit the following documentation to the Department:
A. HCD-required Project Set-Up Report; and,
B. Any other documents, certifications, or evidence deemed necessary by the State prior to Project Set-Up.
5. Project Disbursement Requirements
The HOME Recipient shall submit the following documentation to the Department prior to the disbursement of funds:
A. HCD-required Project Drawdown Request Form;
B. STD 204, Payee Data Record form (if necessary);
C. Designated Payee letter (if necessary);
D. Evidence of sufficient and eligible HOME match, if necessary for funding;
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT B
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
E. Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of project funds; and, F. For the final drawdown, a HOME Project Completion Report, if any funding sources and/or amounts have changed since the most recently-submitted Project Set-Up Report.
6. Project Completion Requirements
The HOME Recipient shall submit the following documentation to the Department for project completion:
A. HCD-required final Project Set-Up and Completion Report; and, B. Any other documents, certifications, or evidence deemed necessary by the Department prior to project completion.
7. General Conditions of Disbursement
A. The HOME Recipient shall spend or commit to a HOME project, by the end of a state fiscal year, all HOME Program Income and Recaptured Funds that were in the local HOME account as of the beginning of that fiscal year, before requesting HOME funds from the Department, to comply with 24 CFR Part 92.503(d). In addition, the HOME Recipient shall not request disbursement (drawdown request) of HOME program grant funds under this Agreement until the funds are needed for the reimbursement of eligible costs only. The amount of each request shall be limited to the amount needed for reimbursement of actual expenses for Work that has been completed. Work completed means FTHB escrow has closed, TenantBased Rental Assistance rent subsidies were paid, and/or Owner-Occupied Rehabilitation construction/rehabilitation costs are paid for Work completed and inspected.
B. No later than 60 days after any final project drawdown request, the HOME Recipient shall provide a Project Completion Report to the Department. In the event that a Project Completion Report is not received by the Department within the 60-day period, the Department shall suspend further Project Set-Ups for the Contractor until the Project Completion Report is received by the Department and is accepted in the federal Integrated Disbursement and Information System (IDIS).
C. In the event the Department determines funds were used for ineligible expenses, further Project Set-Ups and all disbursements may be withheld until the issue of the ineligible expenses is resolved to the satisfaction of the Department.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
HOME PROGRAM TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative’s signature on page one of the fully-executed Standard Agreement, STD 213 (the “Effective Date”).
B. The HOME Recipient agrees that Work shall not commence, nor shall any costs to be paid with HOME funds be incurred or obligated by any party, prior to the execution of this Agreement by the Department, completion of all required environmental clearances, and compliance with all applicable conditions of this Agreement.
There are two exceptions to this requirement:
1) First, administrative expenses for eligible National Environmental Policy Act (NEPA) compliance work may be incurred prior to the execution of this Agreement.
2) Secondly, with HOME Program Manager or Section Chief prior written approval, other costs may also be incurred prior to the execution of this Agreement. Such costs may consist of procurement of administrative subcontractors, development of program guidelines, architectural, engineering and other professional services required to prepare plans, drawings, specifications, or work write-ups that are incurred not more than twenty-four (24) months prior to the project being set up in IDIS.
C. The HOME Recipient agrees that the Work shall be completed by the date specified in Exhibit E, under provision of Section 3.A.
2. Sufficiency of Funds
A. This Agreement is valid and enforceable only if sufficient funds are made available to the Department by the United States Government for the purposes of the HOME Program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or state Legislature, promulgated in state or federal regulations or any state or federal statute, as now in effect and as may be amended from time to time which may affect the provisions, terms, or funding of this Agreement in any manner.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. The parties to this Agreement mutually agree that if the Congress does not appropriate sufficient funds for the HOME Program, the Department, at its sole discretion, either may amend the Agreement to reflect any reduction in funds, or it may unilaterally cancel the Agreement with fourteen (14) days’ written notice to the HOME Recipient.
C. The Department may terminate this Agreement at any time for cause by giving fourteen (14) days’ written notice to the HOME Recipient. Cause shall consist of any violation of the HOME requirements; any terms and/or special conditions of this Agreement; upon the request of HUD; unreasonably low rate of expenditure or, upon a reduction in, restriction on, or elimination of the Department's expenditure authority by any governmental authority.
D. Unless otherwise approved by the Department in writing, upon termination or cancellation of this Agreement, the HOME Recipient shall complete all Work in progress and terminate any other activities that were to be paid for with HOME funds. Any unexpended funds received by the HOME Recipient shall be returned to the Department within fourteen (14) days of the Notice of Termination or Notice of Cancellation.
3. Affordability
A. The HOME Recipient shall ensure all assisted homebuyer housing meets the minimum affordability period requirements as specified in 24 Code of Federal Regulations (hereinafter “CFR”) Part 92.254 and State HOME Regulation 8206.1(b)(3), as applicable as shown below. The HOME funds for activities that do not meet these affordability requirements are subject to recapture by the Department.
Homebuyer Activities:
Amount of HOME
Assistance Per Unit
Federal Minimum Period
of Affordability (in Years)
State Minimum Period of
Affordability (in Years)
More than $40,000 15 15
$15,000 to $40,000 10 10
Under $15,000 5 5
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. Maximum Per Unit Subsidy Amount and Subsidy Layering, as applicable In accordance with 24 CFR Part 92.250 and Section 8207 of the State HOME Regulations, the HOME Recipient shall demonstrate to the Department, in a format identified by the Department, that the amount of HOME funds invested on a per-unit basis shall not exceed the limits established by HUD federal standard that apply to the area where the housing is located, and that the HOME funds, in combination with other financing and assistance, are not more than is necessary to provide quality affordable housing that is financially viable for the required federal period of affordability in 24 CFR Part 92.252, and will not provide a profit or return on the owner’s or developer’s investment that exceeds permitted developer fee for that project pursuant to Department requirements. In addition, projects will be evaluated by the Department pursuant to the applicable requirements of 24 CFR Part 92.250(b) and Sections 8211, 8212, and 8212.2 of the State HOME regulations. The rental property acquisition price shall be determined through an appraisal and any applicable Department underwriting standards.
The HOME Recipient shall provide a formal certification concerning the governmental assistance provided or to be provided to a project. If no such governmental assistance is to be provided at the time of the application or in the future, the HOME Recipient shall certify to that fact. The HOME Recipient shall also certify that should other governmental assistance be sought in the future; the Department shall be promptly notified. Activities assisted under this Agreement are subject to the underwriting and subsidy layering requirements established by the Department for each activity pursuant to the most recently amended requirements of 24 CFR Parts 92.250 and 92.254.
C. Income Determination
Households assisted under this Agreement must meet the income determination requirements of 24 CFR Part 92.203, including but not limited to the requirement to examine at least two months’ source documentation evidencing annual income (e.g., wage statement, interest statement, unemployment compensation statement) when determining household income. In meeting these requirements, the income determination rules under 24 CFR Part 5 shall be used, including the Part 5 definition of income.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
4. Litigation
The HOME Recipient shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement, the project, or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
5. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time performance by the HOME Recipient of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. All waivers by the Department must be in writing and signed by an authorized official thereof in order to be effective.
6. HOME Recipient's Application for Funds
A. HOME Recipient has submitted to the Department an Application for funding under the HOME Program. The Department is entering into this Agreement based on, and in substantial reliance upon, HOME Recipient’s facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department in writing. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.
B. HOME Recipient warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct and complete to the best of HOME Recipient’s knowledge, both when made and at the time of its execution of this Agreement.
In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the HOME loans and grants or activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. All representations and warranties of the HOME Recipient shall indefinitely survive the expiration or earlier termination of this Agreement.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
7. Federal and State Laws and Regulations
The HOME Recipient agrees to comply with all federal laws and regulations applicable to the HOME Program, including any federal Uniform Administrative Requirements of 2 CFR Part 200 and all applicable HUD rules and regulations (including, without limitation, the HOME Grant-Based Accounting Interim Rule dated December 2, 2016, and any final rule related thereto).
8. Property Standards
The HOME Recipient shall ensure that all housing units meet the property standards in 24 CFR Part 92.251.
Manufactured Housing
1) Construction of all manufactured housing including manufactured housing that replaces an existing substandard unit under the definition of "reconstruction" at 24 CFR Part 92.2 must meet the Manufactured Home Construction and Safety Standards codified at 24 CFR Part 3280. These standards preempt state and local codes, which are not identical to the federal standards for the new construction of manufactured housing. In addition, HOME funds provided to assist manufactured housing units must comply with other applicable state and local laws or codes. 2) All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the definition of "reconstruction" must be on a permanent foundation that meets the requirements for foundation systems as set forth in 24 CFR Part 203.43(c)(i). All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the definition of "reconstruction", must, at the time of project completion, be connected to permanent utility hook-ups and be located on land that is owned by the manufactured housing unit owner or land for which the manufactured housing owner has a lease for a period at least equal to the applicable period of affordability. 3) In HOME-funded rehabilitation of existing manufactured housing, the foundation and anchoring must meet all applicable state and local codes, ordinances, and requirements or as in the absence of local or state codes, the Model Manufactured Home Installation Standards at 24 CFR Part 3285. Manufactured housing that is rehabilitated using HOME funds must meet the property standards requirements for rental rehabilitation projects, as applicable. The Department or another qualified third party shall document this compliance in accordance with inspection procedures established pursuant to 24 CFR Part 92.251, as applicable.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
9. Financial Accountability Standards
The HOME Recipient shall comply with the financial accountability standards set forth in 2 CFR Part 200. The HOME Recipient shall confirm compliance by submitting to the Department any one of the following:
A. A notarized statement by the HOME Recipient’s Executive Director or Chief Financial Officer; or
B. A certification from a certified public accountant; or C. A HUD-approved audit summary.
10. Procurement Standards
The HOME Recipient shall establish procurement procedures to ensure that materials and services are obtained in a cost-effective manner. When procuring for services, including but not limited to, architectural, engineering, surveying, consulting firms, title companies, or general contractors, that are to be provided under, or a part of, this Agreement, the HOME Recipient shall comply at a minimum with the procurement standards at 2 CFR Parts 200.317-326. The awarding of contracts shall also comply with the conflict of interest provisions of 24 CFR Part 92.356. In keeping with the aforementioned requirements, subcontractors who are hired by a HOME Recipient to perform specific administrative tasks and/or administer the local HOME program cannot also be the developers and/or owners of a HOME-assisted program or project unless approved in writing in advance by HUD.
11. Written Agreements
The HOME recipient shall enter into a written agreement that complies with the provisions of 24 CFR Part 92.504 with any other entity or individual to which it disburses HOME funds. This Agreement must be executed prior to providing the HOME funds.
All agreements, instruments and documents executed by or entered into by the HOME Recipient or the borrower, if the HOME Recipient is not the borrower, which materially affect the construction, refinancing, acquisition, operation, ownership, or maintenance of the project shall be subject to the written approval of the Department.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
12. Project Requirements
The HOME Recipient shall comply with 24 CFR Part 92, Subpart F as applicable, in accordance with the type of project assisted.
A. Fees, as applicable
Pursuant to 24 CFR Part 92.214, fees such as processing fees, inspection fees, or other fees related to the cost of administering HOME funds cannot be charged to low-income beneficiaries except such reasonable and customary fees that are expressly authorized by the Department pursuant to the requirements of this section.
Pursuant to 24 CFR Part 92.206 other staff and overhead costs directly related to carrying out the project, such as work specifications preparation, loan processing inspections, lead-based paint evaluations (visual assessments, inspections and risk assessments), and other services related to assisting potential owners, tenants and homebuyers cannot be charged to individual households. These costs may be charged to the project as Activity Delivery Costs for projects assisted with HOME funds or they may be charged as administrative and planning costs under 24 CFR Part 92.207, not to exceed the applicable limits specified in the NOFA. Project-related soft costs incurred in assisting households who do not become HOME beneficiaries are eligible administrative and planning costs under this Part.
B. Providing Additional HOME Funds to a Project
Housing may be re-assisted by the HOME Program in accordance with any of the following: upon expiration of applicable federal affordability period, or within the exception detailed under 24 CFR Part 92.214 (a)(6), or 24 CFR Part 92.502.
Housing may also be re-assisted as permitted by federal waiver.
C. Repayment of Funds
If the HOME Recipient either:
1) does not complete a project by the date in Exhibit E, Section 3.A; or 2) before the date in Exhibit E, Section 3.A fails to expend any portion of the funds the Department awarded to it, pursuant to the requirements applicable to the award of HOME funds granted herein, then the HOME Recipient shall:
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
(a) repay to the Department any HOME funds disbursed on an incomplete rehabilitation project,
(b) forfeit and have no further rights or claim to any other remaining herein-granted HOME award funds, and
(c) consent to and facilitate as necessary the Department’s use of all the foregoing referenced funds for any purpose, including as may be necessary to satisfy any Department obligation
regarding repayment of those funds to the state's HOME
Investment Trust Fund in accordance with 24 CFR Part 92.503(b).
For example, if a HOME Recipient receives a HOME grant of $1,000,000, but has disbursed only $500,000 by the expenditure deadline referenced in this Standard Agreement (Exhibit E, Section
3.A), and has timely completed the finished projects in a manner that satisfies all applicable requirements for the granted award funds, then only the remaining unused $500,000 portion of funds must be disencumbered and/or returned to the Department.
However, in the situation where a HOME Recipient receives a HOME grant and the HOME Recipient has not completed a project by the expenditure deadline as stated in the Standard Agreement (Exhibit E, Section 2.A) in a manner that satisfies all applicable requirements, the amounts previously disbursed under this agreement for that project must be repaid to the Department.
13. Equal Opportunity Requirements and Responsibilities A. Executive Order 11063 (1962)
This Order prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.
B. Executive Order 12892 (1994), as amended
This Order requires federal agencies to affirmatively further fair housing in their programs and activities.
C. The Architectural Barriers Act of 1968, as amended at42 United States Code (hereinafter “U.S.C.”) § 4151, et seq.)
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
This Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.
D. Executive Order 12898, Environmental Justice (1994)
This Order requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.
E. Affirmative Marketing
For homebuyer projects and rental projects having five (5) or more HOMEassisted units, the HOME Recipient shall adopt and follow affirmative marketing procedures that provide information, through the implementation of an outreachmarketing program, to attract all eligible persons in the area to the HOME housing without regard to race, color, national origin, sex, religion, familial status or disability. This affirmative marketing includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR Part 92.351.
These affirmative marketing procedures shall be approved by the Department in accordance with the requirements of 24 CFR Part 92.351. If the Department has permitted the project owner to limit tenant eligibility or to have a tenant preference in accordance with 24 CFR Part 92.253(d)(3), the affirmative marketing procedures must apply in the context of the limited/preferred tenant eligibility for the project, and the project must market widely in an effort to reach all persons in the market area who may qualify for the limited/preferred tenant eligibility.
F. Tenant Protections and Selection
1) Pursuant to 24 CFR Part 92.253, there must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than one year, unless by mutual agreement between the tenant and the owner, a shorter period is specified. 2) The lease must not contain any of the prohibited lease terms in 24 CFR Part 92.253(b).
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
3) Tenant leases may be terminated only pursuant to the terms of 24 CFR Part 92.253(c).
4) Preferences for special needs populations in HOME-assisted housing must be approved by the Department in accordance with the terms of 24 CFR Part 92.253(d)(3).
G. Section 504 of the Rehabilitation Act of 1973 and the "504 Coordinator" The HOME Recipient agrees to implement the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8. For HOME Recipients with fifteen (15) or more permanent, full-or part-time employees, this includes but is not limited to, the designation of a specific person charged with local enforcement of this Act, as the "504 Coordinator".
H. The Civil Rights and Age Discrimination Acts Assurances During the performance of this Agreement, the HOME Recipient assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. § 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
I. Section 3 Compliance under 24 CFR Part 75
The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.
Pursuant to 24 CFR Part 75.3(a)(2):
(i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
(12 U.S.C. § 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.); and the Residential LeadBased Paint Hazard Reduction Act of 1992 (42 U.S.C. § 4851 et seq.).
The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.
(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment.
(iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
1) Definitions:
Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or
(2) A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial consulting, accounting services, environmental assessment, architectural services, and civil engineering services.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
Public housing financial assistance means assistance as defined in § 75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701u).
Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very lowincome persons; (ii) Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or
(iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
(2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees. (3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.
Section 3 project means a project defined in § 75.3(a)(2).
Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern. (iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant-based assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§ 75.11, 75.21, or
75.29, and does not exclude an individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. § 3226).
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
2) Benchmarks
The current benchmarks for all projects that meet the criteria to be considered a Section 3 project is to the greatest extent possible 25% of all labor hours worked shall be performed by Section 3 eligible workers and at least 5% of the 25% be targeted section 3 eligible workers. 3) Requirements
(a) Employment and training.
(1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located. (2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:
(i) Section 3 workers residing within the service area or the neighborhood of the project, and
(ii) Participants in YouthBuild programs.
(b) Contracting.
(1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic
opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and
(ii) YouthBuild programs.
4) Reporting
(a) Reporting of labor hours.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
(1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and
(iii) The total number of labor hours worked by Targeted Section 3 workers.
(2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §
75.31. (3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report. (4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part-time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in § 75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
If the benchmarks are not met for Section 3 compliance, the Contractor must document their efforts to attract and employ workers that meet section 3 eligibility requirements. Below is a sample list of some of the actions a contractor could take to demonstrate their attempts. Documentation is required so support the actions.
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers.
(2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including: drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, childcare). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training. (8) Assisted Section 3 workers to obtain financial literacy training and/or coaching.
(9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns.
(10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns.
(12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
J. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,000 or more.
All solicitations for bids and all construction contracts and subcontracts of $10,000 or more issued by the HOME Recipient are required to include the following:
1) The Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246) The HOME Recipient furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts as required by Executive Order 11246;
2) The Standard Equal Opportunity Clause (41 CFR Part 60 - 1.4); and, 3) The Standard Equal Employment Opportunity Construction Contract Specifications (41 CFR Part 60 - 4.3).
K. Assurance of Compliance with the “Violence Against Women Reauthorization Act of 2013” (hereinafter “VAWA”) (S.47 - 113th Congress (2013-2014)) (as amended or reauthorized) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Sec. 601-603. See also 81 CFR Part 80724.
VAWA provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home they can feel safe in.
VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
housing requirements. VAWA now expands housing protections to HUD programs beyond HUD’s public housing program and HUD’s tenant-based and project-based Section 8 programs. VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking.
During the performance of this Agreement, the HOME Recipient shall ensure that all requirements of VAWA are complied with, including but not limited to:
1) Domestic Violence survivors are not denied assistance as an applicant, or evicted or have assistance terminated as a tenant, because the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking.
2) It will implement an ‘emergency transfer plan’, which allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety.
3) It will provide “Protections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.”
4) It will implement a ‘Low-barrier certification process’ where a domestic violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.
14. Environmental Review
The HOME Recipient shall comply with the National Environmental Policy Act (NEPA) contained in 42 U.S.C. § 4321-4347 and the implementing regulations at 24 CFR Parts 50 and 58 as they both may be amended from time to time. No actions by any party (including the HOME Recipient, the developer, owner, or sponsor) shall be undertaken for any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives under 24 CFR Part 58.22 until HUD or the Department has issued an environmental clearance.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
The HOME Recipient understands and agrees that this Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Department of an approval of the request for release of funds and certification from HUD or the Department under 24 CFR Part 58. The provision of any funds to the project is expressly conditioned on the Department's determination to proceed with, modify or cancel the project based on the results of the environmental review.
15. Labor Standards
Provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. § 3701, et seq. (with implementing regulations at 29 CFR Part 5 and 29 CFR Part 1926), and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The HOME Recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. § 874, et seq. and 40 U.S.C. § 276(c) with implementing regulations at 29 CFR Part 3). The HOME Recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.
16. Prevailing Wage
A. Federal Requirements
The federal Davis Bacon prevailing wage law does not apply in the following three programs: 1) First-Time Homebuyer Program; (2) Owner-Occupied Rehabilitation Program; and (3) Tenant-Based Rental Assistance Program.
The Work in this Agreement does not include any “First-time homebuyer projects, as defined in California Code of Regulations Title 25, Section 8201.
Consequently, there will be no contracts for new construction or rehabilitation projects with 12 or more HOME-assisted units that would trigger the federal Davis Bacon prevailing wage law.
B. State Requirements
State Prevailing law Requirements are not applicable pursuant to State Labor Code §1720(c)(5)(C), because assistance is provided to a household as either mortgage assistance, down-payment assistance, or for the rehabilitation of a single-family home.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
17. Displacement, Relocation, and Acquisition
The HOME Recipient shall comply with the federal displacement, relocation, and real property acquisition rules governing the HOME Program, which are contained in the Uniform Relocation Act, with implementing regulations at 49 CFR Part 24; and Section 104 (d) of the Housing and Community Development Act of 1974, as amended, with implementing regulation at 24 CFR Part 92, and applicable State HOME Regulations.
18. Lead-Based Paint Hazards
Assistance provided under this Agreement is subject to the Lead-Based Paint Poisoning Prevention Act and subsequent amendments; and to HUD Lead-Based Paint Regulations found at 24 CFR Part 35, et seq.
19. Conflicts of Interest
The HOME Recipient shall comply with the conflict of interest provisions in 24 CFR Part
92.504(c)(3)(v)(E) and 24 CFR Part 92.356(f) for the award of rental units; 24 CFR Part
92.356(b)-(e) for the award of contracts; and 24 CFR Part 92.356(f) for the award of homebuyer units. Section 24 CFR Part 92.356 prohibits, in part, that any employees, agents, consultants, officers or elected or appointed officials, “who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter.”
20. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be a party to this Agreement or receive any benefit hereunder.
21. Certification Regarding Lobbying (Byrd Amendment)
A. The HOME Recipient shall require that the language of the certification be contained in subpart C below, included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for such failure.
C. “The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, Disclosure Form to Report Lobbying, in accordance with its instructions."
22. Bonus or Commission Prohibition
The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining Department approval of the application for such assistance, or Department approval of the applications for additional assistance, or any other approval or concurrence of the Department required under this Agreement, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, or state regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
23. Leverage and Matching Funds
The HOME Recipient shall provide leverage and matching funds, in an amount not less than that specified in Exhibit A, Paragraph 6.B of this Agreement, if any.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
24. Contractors and Subcontractors - Department Requirements The Department reserves the right to review and approve any contracts or agreements executed by the HOME Recipient related to any HOME-assisted projects.
25. Contractors and Subcontractors - Federal Requirements A. As a condition of receipt of federal funds under this Agreement, the HOME Recipient and all its contractors and their subcontractors are required to provide the certification set forth below in Paragraph D and include this certification in their contracts.
B. This certification is required by the federal government and contains terms defined in Executive Order 12549, a copy of which is available from the Department. For purposes of this Agreement:
1) “prospective lower tier participant” refers to the HOME Recipient and any other party or person that shall receive funds from this Agreement, such as general contractors and their subcontractors;
2) “lower tier transaction” refers to contracts let by the HOME Recipient or HOME Recipient’s contractors utilizing funds provided through this Agreement; and
3) “this proposal” refers to the HOME Recipient’s HOME application and any bid or application from a prospective lower tier participant.
C. By signing this Agreement, the HOME Recipient is providing the certification set forth below. The HOME Recipient shall provide immediate written notice to the Department if at any time the HOME Recipient learns that its certification was erroneous when submitted or has become erroneous.
D. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions:
1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
E. By signing this Agreement, the HOME Recipient agrees that it shall not knowingly enter into any lower tier transaction with a person or entity that is proposed for debarment under 48 CFR 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
F. By signing this Agreement, the HOME Recipient agrees that it shall include the above certification in all lower tier transactions to which it is a part; and it shall require that each of its contractors include the certification in their subcontracts.
26. Faith-Based Activities
The HOME Recipient shall comply with the requirements of 24 CFR Part 92.257 and 24 CFR Part 5.109, which provide, in part, that “Organizations that are directly funded under the HOME Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the assistance funded under this part." HOME funds and activities must be separate in time and location from explicitly religious activities.
27. Insurance
A. The HOME Recipient shall have and maintain in full force and effect during the term of this Agreement:
1) Comprehensive general liability insurance in the amount of not less than one million dollars ($1,000,000);
2) Worker’s compensation insurance; and,
3) Other forms of insurance, at such levels, as may be determined by the HOME Recipient and the Department to be necessary for specific components of the Work listed in Exhibit E.
B. The HOME Recipient agrees to furnish satisfactory evidence of the above listed insurance coverage to the Department prior to the commencement of any work and thereafter from time to time upon the Department’s request. Insurance coverage shall not be canceled or changed unless written notice is sent to the Department thirty (30) days prior to the effective date of the action. The Department reserves the right to waive or modify these insurance coverage
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
requirements upon demonstration of cause satisfactory to the Department, and contingent upon the HOME Recipient providing evidence of an alternative to conventional insurance sufficient to provide equivalent protection.
28. Records
A. The HOME Recipient shall maintain necessary and sufficient recordkeeping for the program, project, financial, program administration, and federal requirement records specified in 24 CFR Part 92.508, for review and inspection by the Department.
B. All records specified in 24 CFR Part 92.508 shall be retained for the time periods specified in section 30 below. These records include, but are not limited to, the following:
1) a full description of each project assisted with HOME funds, including the location (address of each unit), form of HOME assistance, and the units or tenants assisted with HOME funds;
2) the source and application of funds for each project, including supporting documentation in accordance with 24 CFR Part 85.20; and records to document the eligibility and permissibility of the project costs; 3) records demonstrating that each project meets the minimum per-unit subsidy amount of 24 CFR Part 92.205(c), the maximum per-unit subsidy amount of 24 CFR Part 92.250(a), and the subsidy layering, and underwriting evaluation adopted in accordance with 24 CFR Part
92.250(b);
4) records (e.g., inspection reports) demonstrating that each project meets the property standards of 24 CFR Part 92.251 at project completion; 5) records demonstrating that each tenant-based rental assistance project meets the written tenant selection policies and criteria of 92.209(c), including any targeting requirements, the rent reasonableness requirements of 24 CFR Part 92.209(c), including any targeting requirements, the rent reasonableness requirements of 24 CFR Part
92.209(f), the maximum subsidy provisions of 24 CFR Part 92.209(h), property inspection reports and calculation of the HOME subsidy, and 6) records (written agreements) demonstrating compliance with the written agreement requirements in 24 CFR Part 92.504.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
C. If so, directed by the Department upon termination of this Agreement, the HOME Recipient shall cause all records, accounts, documentation and all other materials relevant to the Work to be delivered to the Department as depository.
29. Reporting
A. The HOME Recipient shall submit to the Department, quarterly, a HOME “Quarterly Performance Report” and a HOME “Quarterly Program Income Statement Report” on forms provided by the Department. Unless otherwise waived in writing by the Department, such reporting shall commence after the first quarter in which the executed Agreement has been in effect for at least 30 days. Each report must be submitted by the end of the month following the end of each quarter.
B. Upon project completion, and annually thereafter during the required period of affordability, the HOME Recipient shall submit on an annual basis to the Department all HOME monitoring documentation necessary to ensure that HOME Recipients are in continued compliance with federal and state regulations.
Such documentation requirements and the annual submission deadline shall be provided by the Department.
C. Pursuant to 24 CFR Part 92.504, the HOME Recipient of rental housing must annually collect from the project owner information on rents and occupancy of HOME-assisted units to demonstrate compliance with 24 CFR Part 92.252. If the rental housing project has floating HOME units, the owner must provide the HOME Recipient with information regarding unit substitution and filling vacancies so that the project remains in compliance with HOME rental occupancy requirements.
D. Upon acceptance of the Project Completion Report in IDIS and throughout the affordability period, the HOME Recipient shall submit on July 1, and no later than July 31, an Annual Performance Report on a form provided by the Department.
30. Remedies for Noncompliance and Sanctions
The Department is not limited to specified remedies listed for non-compliance and sanctions in the HOME Development Agreement and Regulatory Agreement.
31. Inspections
A. Before completing a project in IDIS, the Department or a qualified third party shall perform an onsite inspection of HOME-assisted housing to determine that all
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
contracted work has been completed and that the project complies with the property standards of 24 CFR Part 92.251. During the period of affordability, the Department or a qualified third party shall perform onsite inspections of HOMEassisted rental housing to determine compliance with the property standards of 24 CFR Part 92.251 and to verify the information submitted by the owners in accordance with the requirements of 24 CFR Part 92.252. The inspections must be in accordance with the inspection procedures that the Department shall establish to meet the inspection requirements of 24 CFR Part 92.251.
The onsite inspections must occur within twelve (12) months after project completion and at least once every three (3) years thereafter during the period of affordability.
1) If there are observed deficiencies for any of the inspectable items in the property standards established by the Department, in accordance with the inspection requirements of 24 CFR Part 92.251, a follow-up onsite inspection to verify that deficiencies are corrected shall occur within twelve (12) months. The Department may establish a list of non-hazardous deficiencies for which correction can be verified by third-party documentation (e.g., paid invoice for work order) rather than re-inspection.
Health and safety deficiencies must be corrected immediately, in accordance with 24 CFR Part 92.251. The Department shall adopt a more frequent inspection schedule for properties that have been found to have health and safety deficiencies.
2) The property owner must annually certify to the Department that each building and all HOME-assisted units in the project are suitable for occupancy, taking into account state and local health, safety, and other applicable codes, ordinances, and requirements, and the ongoing property standards established by the Department to meet the requirements of 24 CFR Part 92.251.
3) Inspections must be based on a statistically-valid sample of units appropriate for the size of the HOME-assisted project, as set forth by HUD through notice.
B. The Department reserves the right to inspect the property at any time during the period of construction and throughout the period of affordability.
C. During the period of affordability, the Department shall examine at least annually the financial condition of HOME-assisted rental projects with ten units or more to determine the continued financial viability of the housing and must take actions to correct problems, to the extent feasible.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
32. Project Site
Notwithstanding any provision in this Agreement, the parties hereto further agree and acknowledge that this Agreement does not constitute a commitment of funds or approval of a project site, and that such a commitment of funds or an approval of a project site may occur only upon satisfactory completion of environmental review and receipt by the HOME Recipient of a signed Authority to Use Grant Funds .
33. Security Documents and Lien Agreements
Prior to the initial disbursement of any HOME funds encumbered by this Agreement, the documents described in this paragraph shall be entered into, executed and, where appropriate, acknowledged and recorded. The documents described in subsections “A” through “E” shall be provided by the Department.
The HOME Recipient shall comply with, and fulfill its obligations under, all the applicable documents called for in this Agreement. Any breach or violation by the HOME Recipient or HOME Recipient’s successor in interest of any provision of any of the required documents shall constitute a breach or violation of this Agreement and shall be subject to the remedies provided herein.
A. HOME funds shall be disbursed in the form of loans except for funds disbursed B. for the purposes set forth in the Department HOME Regulations Section 8205(b)(2)(D), which shall be provided in the form of a grant. The HOME Recipient shall ensure that all loans made by the HOME Recipient are evidenced by a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted, or by other security approved by the Department in writing. The HOME Recipient agrees that all said documents shall be executed and where appropriate recorded, prior to disbursement of funds to the project and shall contain the applicable minimum affordability period set forth in 24 CFR Part 92.252 and Section 8208 of the State HOME Regulations for rental housing or 24 CFR Part 92.254 for homeownership, as applicable. If the HOME-assisted rental housing does not meet the minimum affordability period, repayment of HOME funds to the Department is required. HOME-assisted rental housing must continue to meet the affordability requirements as specified therein, regardless of whether HOME funds are repaid.
C. For owner-occupied housing projects, if HOME funds are to be disbursed prior to acquisition of lots or units by individual homeowners, the promissory note shall be executed by the HOME Recipient in favor of the Department and secured by a blanket deed of trust executed by the fee owner(s) of all lots upon which the project will take place. Said deed shall be recorded in the office of the county
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
recorder for the county in which the project will be located and shall have priority over other liens, encumbrances and other matters of record except as may be approved by the Department. At the time individual lots or units are sold to individual buyers, each individual owner-occupant borrower shall enter into a loan agreement setting forth the terms and conditions under which the loan of HOME funds is being made, including those provisions necessary to ensure either that the property being assisted with HOME funds remains affordable, or that HOME funds are recaptured upon sale of the property, as required by 24 CFR Part 92.254.
D. For rental housing project loans, the promissory note shall be secured by a deed of trust and assignment of rents with power of sale, executed by the owner of the fee estate of the real property upon which the project shall be located naming the Department as beneficiary. If the HOME Recipient has been approved by the Department to receive repayment by Section 8206.1 of Title 25 of the California Code of Regulations, the HOME Recipient shall be designated as the lender and the beneficiary. If the project shall be on a leasehold, the promissory note shall also be secured by a deed of trust and assignment of rents with power of sale recorded in the county in which the project is located and each shall have priority over other liens, encumbrances and other matters of record except as may be approved by the Department.
The HOME Recipient and the borrower, if the HOME Recipient is not the borrower, shall enter into a regulatory agreement with the Department governing the ownership, occupancy, management, maintenance and operation of the project for a period not less than the minimum period of affordability as required by 24 CFR Part 92.252(e). The regulatory agreement, or memorandum thereof, shall be recorded against the borrower’s estate in the real property upon which the project is located and, if the borrower’s estate is a leasehold, shall also be recorded against the fee estate. The recording shall be in the office of the county recorder for the county in which the project is located and shall constitute a lien on the property upon which the project is located running with the land which shall be binding on all successors in interest, assignees and transferees of the borrower.
E. Where proceeds of the HOME loan will be used as construction financing, the HOME Recipient and the borrower, if the HOME Recipient is not also the borrower, shall enter into a development agreement with the Department governing the Work to be performed and the use and disbursement of the proceeds of the HOME loan.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
F. The HOME Recipient and/or the borrower, if the HOME Recipient is not also the borrower, shall execute and enter into those additional agreements and documents as the Department may deem reasonable and/or necessary to meet the program requirements and the terms and conditions (including the Special Terms and Conditions set forth in Exhibit E) of this Agreement. Said additional agreements and documents shall be subject to the approval of the Department in its discretion and shall include, but not be limited to:
1) A construction contract with the approved general building contractor for the approved work;
2) A Department-approved construction contract addendum with the general building contractor;
3) If applicable, an agreement with a California-licensed architect for approved work;
4) For rental housing projects, a property Management Plan as required by the regulatory agreement; and,
5) Any lender documents required as a result of third-party financing for the project.
34. Audit/Retention and Inspection of Records
A. The HOME Recipient agrees that the Department or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The HOME Recipient agrees to provide the Department or its designee with any relevant information requested and shall permit the Department or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Government Code Section 8546.7. The HOME Recipient further agrees to maintain such records for a period of five (5) years after the Department closes its HUD grant. NOTE: Record retention is based on the Department’s grant from HUD and the date it is closed by HUD. Therefore, the HOME Recipient shall contact the Department for the specific record retention date for this Agreement.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. The HOME Recipient also agrees to include in any contract that it enters into, in an amount exceeding $10,000, a provision establishing the Department’s right to audit the contractor’s records and interview their employees. If the HOME Recipient provides HOME funds to for-profit owners or developers or other entity approved by the Department, the HOME Recipient must have a written agreement that includes a provision for meeting the fiscal and audit requirements of this Section. The HOME Recipient shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contract Code Section 10115.10.
C. An expenditure which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed, and funds must be returned to the Department within sixty (60) days of discovery by the HOME Recipient unless the Department approves in writing an alternate plan.
D. The determination by the Department of the eligibility of any expenditure shall be final.
E. If requested by the Department pursuant to HOME regulation at Section 8216 of Title 25 of the California Code of Regulations, the HOME Recipient shall cause to be performed a financial audit by an independent certified public accountant. 1) The HOME Recipient shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for audit shall allow access by the Department to the independent auditor's working papers.
2) The HOME Recipient shall submit one copy of all required audit reports to the Department within the earlier of 30 days after receipt of the auditor's report or nine months after the close of the required audit period unless a longer period is agreed to in advance by the Department, to:
Department of Housing and Community Development
Division of Financial Assistance
P.O. Box 952054
Sacramento, CA 94252-2050
ATTN: HOME Long-Term Monitoring
F. Pursuant to 2 CFR Part 200 Sub-Part F, a HOME recipient who received in excess of $750,000 in federal funds annually, shall cause to be performed an annual single or program-specific audit conducted for that year by the close of each fiscal year in which this Agreement is in effect, of the following:
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
1) The financial statements and a schedule of federal awards and the auditor's report on the statements and the schedule;
2) A written report of the independent auditor's understanding of the internal control structure and the assessment of control risk;
3) The auditor's report on compliance; and,
4) Other items as stipulated in 2 CFR Part 200 Sub-Part F.
G. The audit shall be performed by an independent certified public accountant.
Selection of an independent audit firm shall be consistent with procurement standards contained in 2 CFR Part 200.
H. The HOME Recipient shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for audit shall allow access by the Department to the independent auditor's working papers.
I. The HOME Recipient shall submit three copies of all required audit reports to the State Controller's Office within the earlier of 30 days after receipt of the auditor's report, nine months after the end of the required audit period, unless a longer period, is agreed to in advance, to:
State Controller's Office
Division of Audits
Financial Audits Bureau/Single Audits Unit
3301 C Street, Suite 700
Sacramento, CA 95816
In addition, the HOME Recipient shall submit one copy of the audit report within the same time frame described in this paragraph to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East Tenth Street
Jeffersonville, IN 47132
J. The performance of this Agreement by the HOME Recipient shall be subject to examination and audit by the State Auditor pursuant to California Government Code Section 8546.7.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
K. The HOME Recipient is responsible for the completion of any required audits and all costs of preparing audits.
L. If there are audit findings, the HOME Recipient shall submit a detailed response acceptable to the Department for each audit finding.
M. The HOME Recipient shall retain all books and records relevant to this Agreement for a minimum of five (5) years after the project completion as evidenced by the certificate of occupancy or submittal of the HUD-required Project Completion Report whichever is later; except that:
1) records of individual tenant income verifications, project rents inspections shall be retained for the most recent five (5) year period, until five years after the affordability terminates; and,
2) records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter. The state, the Bureau of State Audits, and the Department and/or their representatives shall have unrestricted reasonable access to all locations, books and records for the purpose of monitoring, auditing or otherwise examining said locations, books and records, with or without prior notice.
35. Signs
During the construction period of a project, the Department may place, or require to be placed, signs on the property stating that the HOME Program is providing financing.
The signs shall indicate in a typeface and size commensurate with its funding that the Department is a source of financing for the project, through the HOME Program.
36. Special Conditions
The HOME Recipient agrees to comply with all conditions of this Agreement including the Special Terms and Conditions set forth in Exhibit E, if applicable. These conditions shall be met to the satisfaction of the Department prior to Project Set-Up or disbursement of funds, as appropriate. The HOME Recipient shall ensure that all contractors and/or subcontractors are made aware of and agree to comply with all of the conditions of this Agreement and the applicable federal and state requirements governing the use of HOME funds. Failure to comply with these conditions may result in cancellation of this Agreement pursuant to the terms hereof.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
37. Conditional Reservation of Funds
Notwithstanding any provision in this Agreement, the parties hereto agree and acknowledge that this Agreement constitutes a conditional reservation of funds.
38. Federal Property Management Standards
The HOME Recipient shall comply with the HUD property Management standards.
39. HOME Recipient Predevelopment Loan Funds
A. If HOME funds are provided to the HOME Recipient to finance the costs of obtaining construction loan commitments, architectural plans and specifications, zoning approvals, engineering studies, and legal fees, the HOME Recipient shall demonstrate, to the satisfaction of the Department, that it has, with regard to the project concerned, site control (evidenced by a deed, a sales contract, or an option contract to buy the property), a preliminary financial commitment, and a capable development team or a plan to hire a capable development team.
B. Repayment of the HOME Recipient predevelopment loan will be made to the Department, or a HOME Recipient as approved by the Department, from construction loan proceeds or another project income. Such repayment may be waived by the Department, in whole or in part, if, in its sole discretion, the Department determines that there are impediments to the project development which are reasonably beyond the control of the HOME Recipient. The HOME Recipient may be required to enter into a predevelopment loan agreement prior to the disbursement of funds. This agreement will detail the use and repayment of funds, and other terms and conditions of the loan.
40. Assignment of Agreement, Assignment of Loan Commitment A. This Agreement shall be binding on the parties hereto, their assigns, successors, administrators, executors and other representatives. This Agreement is not assignable, either in whole or in part, without the prior written approval of the Department, except that the HOME Recipient may assign the conditional commitment of funds represented by this Agreement, without further approval of the Department, to a California limited partnership in which the HOME Recipient is the sole managing general partner. Notwithstanding any such assignment, the HOME Recipient shall remain liable for the performance of its obligations under this Agreement.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. This Agreement represents a conditional commitment of funds for accomplishment of the Work. This conditional commitment of funds shall not be assigned, in whole or in part, by the HOME Recipient or any other entity which, pursuant to the Application or the description of the Work, anticipates receiving any funds encumbered by this Agreement without the prior express written consent of the Department.
C. If the HOME Recipient will be the owner during construction of the affordable housing project to be constructed using funds provided pursuant to this Agreement (i.e., the HOME Recipient will be acting as either an “owner” or a “sponsor”), as those all or any portion of this Agreement or the completed Project shall, at a minimum, be conditioned on the following:
1) The HOME Recipient is in compliance with this Agreement; 2) The successor in interest to the HOME Recipient agrees to assume all obligations of the HOME Recipient pursuant to this Agreement and the HOME Program;
3) The successor in interest demonstrates to the Department’s satisfaction that it has the capability to own and operate the Project in full compliance with all Program requirements; and,
4) Any terms of the sale, transfer, or conveyance will not threaten the Department’s security or the successor in interest’s ability to comply with all Program requirements.
D. If the HOME Recipient has or will have a contractual obligation to a property owner, or a lessee under a long-term leasehold, to obtain financing, rehabilitate, or construct an affordable housing project using funds provided under this Agreement (i.e., the HOME Recipient will be acting in the capacity of a “developer” as the term is defined by HUD), Department approval of an assignment of all or any portion of this Agreement including the conditional commitment of funds represented by this Agreement shall, at a minimum, be conditioned on the following:
1) The HOME Recipient is in compliance with this Agreement; 2) The property owner or lessee demonstrates to the Department’s satisfaction that it has the capability to own and operate the Project in full compliance with all Program requirements;
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
3) The property owner or lessee agrees to assume all obligations of the HOME Recipient pursuant to this Agreement and the HOME Program which pertain to the ownership and operation of the project, including, but not limited to, execution of security documents and lien agreements; and, 4) Any terms of the sale, transfer, or conveyance will not threaten the Department’s security or the property owner’s or lessee’s ability to comply with all applicable HOME Program requirements.
41. Local Account
Unless the Department approves that the HOME Recipient will be retaining funds in a HOME Recipient’s local account, matching funds and income resulting from the use of HOME funds (Program Income and Recaptured Funds) shall be forwarded to the Department for deposit to the state’s local account. The use of all funds maintained in a local account must comply with 24 CFR Part 92.
42. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts (Rev. 3/03):
A. All contracts, except for state construction projects that are funded in whole or in part by the Federal government, must contain a thirty (30) day cancellation clause and the following provisions:
1) It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
1) This contract is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this Program. In addition, this contract is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner.
2) The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT D
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
3) The department has the option to invalidate the contract under the thirty (30) day cancellation clause or to amend the contract to reflect any reduction in funds.
A. Exemptions from provisions A.1 through A.4 above may be granted by the Department of Finance provided that the director of the state agency can certify in writing that Federal funds are available for the term of the contract.
California Government Code Section 8546.4(e) provides that state agencies receiving Federal funds shall be primarily responsible for arranging for Federally required financial and compliance audits, and shall immediately notify the Director of Finance, the State Auditor, and the State Controller when they are required to obtain Federally required financial and compliance audits.
43. Pet Friendly Housing Act of 2017
Health and Safety Code SEC. 2. Section 50466 require each housing development that is financed on or after January 1, 2018, pursuant to this division, to authorize a resident of the housing development to own or otherwise maintain one or more common household pets within the resident’s dwelling unit, subject to applicable state laws and local government ordinances related to public health, animal control, and animal anticruelty.
44. Other Federal Requirements
In accordance with 24 CFR Part 92.350, the following additional federal requirements apply:
A. The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and HUD's implementing regulations at 2 CFR Part 2429 are applicable to this Agreement.
B. Homebuyer housing counseling is required by 24 CFR Part 92.254(a)(3), and shall be provided by only organizations and counselors certified by the Secretary under 24 CFR Part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x.
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT E
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
Federal Grant Identification
HUD Grant No: M19-SG060100
CFDA Number: 14.239
Date HUD Grant Agreement Signed: 10/23/2019
The following are specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to specific information not contained in prior exhibits.
1. Provision Ex. A – E.1 (Scope of Work – As referred in Exhibit A, Section 2) The Work shall consist of:
Type of HOME Activity Awarded Activity
Amount Total HOME Units
First-Time Homebuyer
Program $487,500 6
General Administration $12,500 N/A
For the purposes of performing the Work, the Department agrees to provide the amount shown in Exhibit E, Section 2 of this Agreement. In no instance shall the Department be liable for any costs for Work in excess of this amount, nor for any unauthorized or ineligible costs. The HOME Recipient agrees to administer this allocation in accordance with the provisions of 24 Code of Federal Regulations (hereinafter “CFR”) Part 92, and § 8200 through 8220 of Title 25 of the California Code of Regulations.
2. Provision Ex. A – E.2 (Contract Amount – As referred in Exhibit A, Section 3) As referenced in Exhibit A, the Agreement amount shall be expended as follows:
First-Time Homebuyer Program $487,500
State Recipient HOME Administration $12,500
3. Provision Ex. A – E.3 (Scope of Work – As referred in Exhibit A, Section 2) A. All Program funds shall be expended by October 31, 2024 (see Exhibit A, Section 2)
Item # 6.
City of Grass Valley
19-HOME-14968
EXHIBIT E
HOME Investment Partnerships Program (HOME)
Program Activities
NOFA Date: 10/31/2019
Approval Date: 7/30/2021
Prep. Date: 08/27/2021
B. All Drawdown Requests shall be submitted by December 31, 2024 (see Exhibit A, Section 2)
C. This Agreement shall expire on October 31, 2039 (see Exhibit A, Section 2) No payments shall be made for drawdown requests received more than sixty (60) days after the expenditure deadline. Any funds not drawn shall be disencumbered.
4. Special Terms and Conditions
The following Special Conditions, if any, are applicable to this Standard Agreement and shall control, notwithstanding anything to the contrary herein:
HOME First-Time Homebuyer Loan Agreement Approval Requirement The HOME Recipient’s First-Time Homebuyer Loan Agreement must be approved in writing by the Department, as an additional General Setup Condition, before the HOME Recipient will be approved to operate its First-Time Homebuyer Program under this grant.
Item # 6.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Slate Creek Lift Station Pump Replacement Project – Equipment Purchase Authorizations
CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) authorize an amendment to the purchase agreement of standardized Flgyt equipment to increase the amount to $217,341.69 and 2) authorize the City Engineer to purchase additional electrical equipment in the amount of $199,300.00 from Advanced Integration and Controls for the Slate Creek Lift Station Pump Replacement Project
Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 11/12/2025 Date Prepared: 11/6/2025 Agenda: Consent
Background Information: The Slate Creek Lift Station Pump Replacement Project involves upgrades and modernization work to the existing wastewater lift station; specifically, the demolition and replacement of the wet well, installation of new pumps, piping and valves, and electrical system upgrades.
The construction project was awarded to LaFleur Engineering, Inc. at the October 28, 2025 meeting. As detailed in the project specifications, City Staff planned to purchase the submersible pumps and the associated electrical and wiring equipment separately, in order to maintain a direct manufacturer’s warranty and avoid contractor markups on the required equipment.
Previously, at the September 9, 2025 meeting, Council authorized the City Engineer to execute a purchase order with Xylem Water Solutions, USA Inc. in the amount of $200,596.69 for Flygt submersible pumps and associated equipment. Xylem Water Solutions has now provided a revised quote in the amount of $217,341.69 to include some additional items that were removed from the contracted project scope of work.
Flygt pumps have been authorized by Council as standardized, sole source equipment for the City’s treatment plant and lift stations and Xylem Water Solutions who provides the Flygt pumps works solely with Advanced Integration and Controls (AIC) for the electrical components needed for the Flygt equipment. As such, the City needs to authorize a purchase order with AIC for all of the electrical components needed for the lift station upgrades. AIC has provided a quote in the amount of $199,300.00 for the required electrical components, which Staff has reviewed and deemed reasonable.
Item # 7.
Staff requests that Council amend the authorized purchase agreement with Flygt to a revised amount of $217,341.69. Staff also requests that Council authorize the City Engineer to execute a purchase order with Advanced Integration and Controls in the amount of $199,300.00 for the lift station electrical equipment.
Council Goals/Objectives: The Slate Creek Lift Station Pump Replacement Project executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – Water & Wastewater Systems & Underground Infrastructure.
Fiscal Impact: The Slate Creek Lift Station Pump Replacement Project is fully funded in the FY 2025/2026 CIP Budget with Sewer Rate Program funds.
Funds Available: Yes Account #: 510-406-66940
Reviewed by: ____ City Manager Attachments: N/A
Item # 7.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Prefabricated Restroom Site Improvements Project – Authorization to Bid CEQA: Categorically Exempt – Section 15301 “Existing Facilities” Recommendation: That Council 1) approve the findings that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and 2) authorize the advertisement for bids.
Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 11/12/2025 Date Prepared: 11/6/2025 Agenda: Consent
Background Information: In September 2024, the City executed a Memorandum of Understanding with the Grass Valley Downtown Association (GVDA) to collaborate on the construction of new public restrooms at the South Church St municipal parking lot.
Additionally, as approved in the 2025/26 Capital Improvement Project Budget, two of the outdated public restrooms at Condon Park are proposed to be replaced with modern, accessible, prefabricated units.
Staff has prepared site improvement plans for the installation of the prefabricated restrooms which include existing restroom demolition, grading, underground utility installations, concrete sidewalk construction, and asphalt concrete paving. The project also includes microsurfacing and striping of the access roads, trails, and parking lots in Condon Park, along with the South Church Parking lot.
The site improvements associated with this project are exempt from environmental review pursuant to Section 15301 “Existing Facilities” of the CEQA Guidelines.
Copies of the plans and specifications for the Prefabricated Restroom Site Improvements Project are available for review in the Engineering Division office at City Hall. The total project cost is estimated at $650,000.
The award of a construction contract is anticipated to occur in December 2025, with construction to follow in January 2026. Staff requests that Council authorize the bidding process for construction of this project.
Council Goals/Objectives: The Prefabricated Restroom Site Improvements Project executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – Recreation & Parks.
Item # 8.
Fiscal Impact: The purchase and installation of two park restrooms was fully funded in the FY 24/25 Capital Improvement Program Budget with Measure E and Special Project Funds. The associated pavement maintenance and striping work was budgeted as a separate project, also funded with Measure E funds.
Funds Available: Yes Account #: 200-406-64140
Reviewed by: City Manager Attachments: N/A
Item # 8.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Introduction of Ordinance to adopt the 2025 California Building Standards Code and amend the City of Grass Valley Municipal Code, Title 15, Chapters 15.02 to 15.06.
CEQA: Not a project
Recommendation: That Council; 1) hold the public hearing, 2) waive the reading of the ordinance in its entirety and read by title only, and introduce ordinance 838 to amend Municipal Code Chapters 15.02 to 15.06 that incorporates the 2022 California Building Standards Code.
Prepared by: Jon May, Building Official
Council Meeting Date: November 12, 2025 Date Prepared: November 3, 2025 Agenda: Public Hearing
Background Information: The City currently relies on the 2022 California Building Standards Code (CBSC) and local amendments to these codes to operate its building and fire related construction programs. The State of California typically updates the CBSC every three (3) years as the building industry adjusts to address building safety, new materials, construction methods, and state legislative mandates. In July of 2025, the California Building Standards Commission adopted the 2025 CBSC, or Title 24. This approval requires all municipalities in the State to repeal the 2022 codes and adopt the 2025 version. The codes being recommended for adoption include the 2025 Building Standards Code, Title 24 Parts 1 through 12; 2024 International Swimming Pool and Spa Code; 2024 International Property Maintenance Code, and the City’s local amendments.
If the 2025 codes are not approved by a municipality, they become automatically adopted for that community without the benefit of local amendments.
As with most communities, the City of Grass Valley approves each updated version of the California Building Code with certain amendments. The 2025 CBSC includes changes compared to past cycles. The 2025 CBSC includes a new Wildland-Urban Interface Code, whose purpose is to establish minimum standards to mitigate risk to life and structures from wildfire exposure. The Code requirements in the Wildland-Urban Interface Codes are similar to the requirements previously found elsewhere in several chapters of the California Residential Building Code and the California Building Code. Staff continues to support the local amendments as they were adopted in past code updates. The local amendments proposed for both the Building and Fire codes continue with the same amendments as in past years.
Council Goals/Objectives: Goal 6: Provide a safe place to live, work, and play.
Fiscal Impact: No fiscal impact to the City.
Item # 9.
Funds Available: N/A Account #: N/A
Reviewed by: _______City Manager
ATTACHMENTS:
Attachment 1 Ordinance No: 838
Item # 9.
1 ORDINANCE 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY CALIFORNIA REPEALING CHAPTERS 15.02 to 15.06 OF TITLE 15 – BUILDINGS AND CONSTRUCTION OF THE CITY OF GRASS VALLEY CALIFORNIA MUNICIPAL CODE, AND ADOPTING CHAPTERS 15.02 TO 15.06 “BUILDINGS AND CONSTRUCTION” WHICH ADOPTS BY REFERENCE THE CALIFORNIA CODE OF REGULATIONS TITLE 24, 2025 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE INCLUDING THE FOLLOWING PARTS:
PART 1 - California Administrative Code
PART 2 - California Building Code including listed Appendix Chapters Part 2.5 – California Residential Code and listed Appendix Chapters PART 3 - California Electrical Code
PART 4 - California Mechanical Code including listed Appendix Chapters PART 5 - California Plumbing Code including the listed Appendix Chapters PART 6 - California Energy Code
PART 7 – California Wildland-Urban Interface Code
PART 8 - California Historical Code
PART 9 - California Fire Code including the listed Appendix Chapters PART 10 - California Existing Building Code
PART 11 – California Green Building Standards Code
PART 12 - California Referenced Standards Code
International Property Maintenance Code, 2024 Edition International Swimming Pool and Spa Code, 2024 Edition AND AMENDING THOSE PORTIONS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 24 AS IDENTIFIED HEREIN.
The City Council of the City of Grass Valley does ordain as follows:
SECTION 1: Repeal - Chapters 15.02 thru 15.06 of Title 15 of the City of Grass Valley Municipal Code are hereby repealed in their entirety.
SECTION 2: Purpose and Authority - The purpose of this Ordinance is to adopt by reference the 2025 edition of the California Building Standards Code, Title 24 – Parts 1; 2; 2.5; 3; 4; 5; 6; 7; 8; 9; 10; 11 and 12 of the California Code of Regulations, the 2024 International Property Maintenance Code, and the 2024 International Swimming Pool and Spa Code subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the City of Grass Valley. This Ordinance is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5.
SECTION 3: Findings of Fact and Need for Modifications to California Building Standards Code - Pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the City of Grass Valley hereby finds that the amendments adopted herein are reasonably necessary because the city has unique local climatic and topographic conditions. These local conditions have an adverse effect on the prevention of (1) major loss fires and (2) the potential for life and property loss, making the changes or modifications in the California Building Standards Code necessary in order to provide a reasonable degree of property security, and fire and life safety in the City. Below are adverse local climatic, geological and topographic conditions that necessitate the modifications to the California Building Standards Code.
A. Climatic Findings of Fact.
1. The City of Grass Valley weather is mild during the summer when daytime temperatures tend to range in the 70-90-degree Fahrenheit range, and cold during the winter, which daytime temperatures tend to be
Item # 9.
2 in the 40-degree Fahrenheit range. The City experiences large temperature variations between night and day during the summer; the difference can be up to 40 degrees Fahrenheit.
2. The City has a mix of urban population growth interspersed with areas of vegetation growth.
Intensive use of land in urban areas means bigger buildings, which can also create complex problems for fire safety.
3. Average yearly rainfall for the City is approximately 55 inches. This rainfall normally occurs from November to May. Precipitation creates a condition where emergency responders need to drive more cautiously.
Snow and ice can be present during winter months, contributing to freezing and slick roadways and resulting in numerous vehicle collisions.
4. The City of Grass Valley also has a Mediterranean Climate characterized by warm, dry summers that cause an increase in fire risk during the summer and fall months. A significant portion of the City resides in a Very High Fire Hazard Severity Zone, as classified by the California Department of Forestry and Fire Protection (CAL FIRE).
B. Topographical Findings of Fact.
1. The City is bisected by numerous topographical features including creeks, natural parkways, open space, bridges/overpasses, freeways, drainage canals, wildland and hillside areas. These topographical features significantly impact the ability of emergency responders to extinguish or control wildland or structure fires.
The City resides at an elevation varying between 2200 to 2800 feet.
2. Moderate traffic congestion on the City's major streets and intersections at peak times acts as a constraint to timely response for fire and emergency vehicles. As a result of increased development both within the City and in the unincorporated area of the County, some roadways and intersections in the City are expected to have significantly increased traffic flow rates in the future. In the event of an accident or other emergency sections of the City could be isolated or response time could be sufficiently slowed so as to increase the risk of injury or damage.
3. Extended response times for a full fire fighting force to a known fire have the strong potential for increased risk to life and increased property damage and built in fire protection systems such as automatic fire alarm and automatic fire sprinkler systems are necessary, where they are otherwise not required by this code, to limit the threat to life and increased property loss.
C. Summary. The local climatic and topographical conditions affect the acceleration, intensity and size of fires in the community. Times of little or no rainfall, or low humidity and high temperature create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires. Grass Valley’s downtown and surrounding areas contain numerous historic and older buildings that are located close together, which can exacerbate the fire condition from dry conditions, wind, and shake shingle roofs. Additionally, the City’s development pattern contributes to its unique fire protection needs as the City is intersected by natural features and is also subject to traffic conditions. Local vegetation contributes to the fire dangers in the City, as the vegetation provides ready fuel for fast-spreading wildfires. These structures and the flammable material are susceptible to ignition by embers from a wild land fire, furthering the spread of fire to adjacent buildings.
SECTION 4: Chapter 15.02 “Building Standards Codes” of City of Grass Valley Municipal Code is hereby added to read as follows:
15.02.010 Title. This Chapter shall be known as the City of Grass Valley Building Standards Code, and may be cited as such, and will be referred to herein as "this Code."
15.02.020 Application. This Code shall be the exclusive source of regulations for all new construction and any alterations, repairs, relocations, or reconstruction of any building or any portion thereof including any electrical, mechanical, gas, plumbing, or fire protection equipment installed on any property or used on or within any building.
15.02.030 Conflicts with other laws, rules, etc. In the event of any conflict between this Code and any law, rule or regulation of the State of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this Code.
SECTION 5: Chapter 15.04 “Adoption of Building Standards Codes” of City of Grass Valley Municipal Code is hereby added to read as follows:
Item # 9.
3 15.04.010 Copy of Building Standards Code and Appendix Chapters.
A. One copy of the California Building Standards Code is on file with the Community Development Department for use and examination by the public, along with changes, additions and deletions related to the California Building Standards Code as set forth in this chapter. In addition, all subsequent supplements to the California Building Standards and related publications are adopted by reference.
B. When reference in the California Building Standards Code is made to an appendix chapter, the provisions of the said appendix shall not apply unless specifically adopted by this Code.
15.04.020 California Administrative Code Part 1, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2022 California Administrative Code (California Code of Regulations, Title 24, Part 1) specific to administrative regulations of/for California Building Standards Commission (BSC), Department of Housing and Community Development (HCD2), Office of the State Fire Marshal (SFM), Division of the State Architect (DSA), Office of Statewide Planning and Development (OSHPD), Department of Health Services (DHS), Occupational Safety and Health Standards Board (OSHA), California Energy Commission (CEC), Department of Food and Agriculture (AGR), Department of Youth Authority (AU), et al as adopted by the California Building Standards Commission.
15.04.030 California Fire Code Part 9, 2025 Edition, Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Fire Code (California Code of Regulations, Title 24, Part 9 and Appendix Chapters B, BB, C, CC, D, F, H, I, K, & N based on the 2024 International Fire Code (IFC) as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission.
15.04.040 California Building Code Part 2, 2025 Edition, Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Building Code (California Code of Regulations, Title 24, Part 2 and Appendix Chapters C,G,H,I,J and P based on the 2024 International Building Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission.
15.04.050 California Residential Code Part 2.5 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Residential Code (California Code of Regulations, Title 24, Part 2.5 and Appendix Chapters BO and CI, based on the 2024 International Residential Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission.
15.04.060 California Electrical Code Part 3, 2025 Edition, Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Electrical Code (California Code of Regulations, Title 24, Part 3) based on the 2023 National Electrical Code as adopted by the California Building Standards Commission.
15.04.070 California Mechanical Code Part 4, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Mechanical Code (California Code of Regulations, Title 24, Part 4) based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO) and as adopted by the California Building Standards Commission.
15.04.080 California Plumbing Code Part 5, 2025 Edition, Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Plumbing Code (California Code of Regulations, Title 24, Part 5 and Appendix Chapters A, B, D, G, I , and K) based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO) as adopted by the California Building Standards Commission.
15.04.090 California Energy Code Part 6, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6) as published by the International Code Council (ICC) and as adopted by the California Building Standards Commission.
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4 15.04.100 Wildland-Urban Interface Code Part 7, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California WildlandUrban Interface Code (California Code of Regulations, Title 24, Part 7) as published by the International Code Council (ICC) and as adopted by the California Building Standards Commission.
15.04.110 California Historical Building Code Part 8, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8) as published by the International Code Council (ICC) and as adopted by the California Building Standards Commission.
15.04.120 California Existing Building Code Part 10, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Existing Building Code (California Code of Regulations, Title 24, Part 10) based on 2024 International Existing Building Code as published by the International Code Council (ICC) and as adopted and amended by the California Building Standards Commission.
15.04.130 California Green Building Standards Code Part 11, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Green Building Code (California Code of Regulations, Title 24, Part 11) as published by the International Code Council (ICC) and as adopted by the California Building Standards Commission.
15.04.140 California Referenced Standards Code Part 12, 2025 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2025 California Referenced Standards Code (California Code of Regulations, Title 24, Part 12) as published by the International Code Council (ICC) and as adopted by the California Building Standards Commission.
15.04.150 International Property Maintenance Code 2024 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2024 International Property Maintenance Code as published by the International Code Council (ICC).
15.04.160 International Swimming Pool and Spa Code 2024 Edition. Pursuant to Sections 50022.1 through 50022.10, inclusive, of the Government Code, the city council adopts and enacts the 2024 International Swimming Pool and Spa Code as published by the International Code Council (ICC).
15.04.170. Penalties for Violations of this Chapter. A violation of any provision of this Chapter, including the codes adopted herein, is punishable as a misdemeanor and upon conviction may be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for not more than six (6) months, or both.
SECTION 6. Chapter 15.06 “Amendments to the California Building Standards Code” of the City of Grass Valley Municipal Code is hereby added and shall read as follows:
15.06.010 - Amendments to the 2025 California Fire Code. Set forth below are the local amendments, additions and deletions to the 2025 California Fire Code. Chapter and Section numbers used herein are those listed in the 2025 California Fire Code.
Subsection 1.11.2.1.1, “Item 1” is amended to read as follows:
Subsection 1.11.2.1.1. The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the Building Standards Code relating to the fire and panic safety and other regulations of the State Fire Marshal shall be, except as provided in Section 1.11.2.1.2, as follows:
1. The city, county or city and county with jurisdiction in the area affected by the standard or regulation shall delegate the enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to the following:
1.1. The Chief of the Fire Department of the City of Grass Valley or an authorized representative.
1.2.The Building Official of the City of Grass Valley or an authorized representative.
Item # 9.
5 Subsection [A] 105.3.1 “Expiration” is amended to read as follows:
Subsection [A] 105.3.1 Expiration. Operational Permits – An operational permit shall remain in effect until reissued, renewed or revoked, or for such a period as specified in the permit, is not transferable and any change in occupancy, operation, tenancy and/or ownership shall require that a new permit be issued. Construction Permits - The maximum allowable length for all construction permits, as required by Section 105.6 - Required Construction Permits, is 2-years, unless otherwise noted.
Subsection [A] 105.3.2 “Extensions” is amended to read as follows:
Subsection [A] 105.3.2 Extensions. A permittee holding an unexpired construction permit shall have the right to request an extension. Such requests are required to be made to the Building Official of the City of Grass Valley or an authorized representative.
Subsection 105.8 “New Materials, Processes or Occupancies Which May Require Permits” is added to read:
Subsection 105.8 New Materials, Processes or Occupancies Which May Require Permits. The Chief of the Fire Department of the City of Grass Valley or an authorized representative shall determine and specify, after giving affected persons the opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in said code.
Subsection 108.2 “Schedule of Permit Fees” is amended to read as follows:
Subsection 108.2 Schedule of Fees. All Operational Permit, Inspection, Special Inspection, Special Operations and Plan Review fees shall be in accordance with the current schedule of fees adopted by resolution of the City Council of the City of Grass Valley. Certain costs for inspections mandated by the State of California and the State Fire Marshall may be reimbursable to school districts pursuant to HSC 13146.4 Sec. 2. (SB1205.) Subsection 112.1 “Board of Appeals Established” is amended to read as follows:
Subsection 112.1 General. Appeals shall be handled in accordance with 2025 California Building Standards Code, Part 2, Section 113 as amended by the City of Grass Valley.
Subsection 506.1 “Where Required” is amended to read as follows:
Subsection 506.1 Where Required. Where access to or within a structure and/or an area is restricted because of secured openings, immediate access is necessary for life-saving and/or fire-fighting purposes, or the structure is equipped with automatic fire sprinkler and/or fire alarm system(s) a key box shall be installed in an approved location. The key box shall be a KNOX BOX and shall contain keys to gain access as required by the fire code official.
Subsection 509.1.1 “Utility Identification” is amended to read as follows:
Subsection 509.1.1 Utility Identification. Gas meters, shutoff valves and services, electric meters, service switches, shutoff switches, services, and other utility equipment in multi-unit commercial and multi-unit residential buildings shall be clearly and legibly marked to identify the unit and/or space that it serves.
Identification shall be made in an approved manner, readily visible and shall be maintained.
Subsection 907.11 “False Alarms” is added to read the following:
Subsection 907.11 False Alarms. When any fire alarm system sounds an audible alarm or transmits an alarm to a remote location causing an emergency response by the fire department, when no emergency exists, the owner, tenant, or lessee of the premises will be charged for fire department response upon the third and all subsequent alarm activation(s) within a one-year period. The cost of the response will be in accordance with the current schedule of fees adopted by resolution of the City Council of the City of Grass Valley.
Subsection 5706.2 Storage and Dispensing of Flammable and Combustible Liquids on Farms and Construction Sites, “Exception” is amended to read as follows:
Subsection 5706.2 Exceptions:
1. Storage in conjunction with construction projects complying with Subsection 5706.2 for which the Chief of the Fire Department of the City of Grass Valley or an authorized representative has issued a permit.
2. Tanks used for agricultural purposes complying with Subsection 5706.2 where the need for on-site fuel is necessary for continued operations, and for which the Chief of the Fire Department of the City of Grass Valley or an authorized representative has issued a permit.
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6 3. Existing installations where the Chief of the Fire Department of the City of Grass Valley or an authorized representative has issued a permit for continued use.
4. Service stations, repair garages, oil change facilities and commercial operations which accept the return of used crankcase oil, may be permitted to have one (1) aboveground storage tank of up to a 500-gallon capacity for the storing used crankcase oil. Storage and tank shall be in accordance with Chapter 23 and Chapter 57.
Appendix B, Subsection B107 “Automatic Fire Alarm System” is added to read as follows:
Subsection B107 Automatic Fire Alarm System. Any structure with a required fire flow of 1,500 to 1,749 gallons per minute shall have an approved fully-supervised automatic smoke and/or heat detection fire alarm system installed throughout the structure in accordance with Section 907, NFPA-72 and the City of Grass Valley in the following categories:
1. New Structures.
2. Existing Structures with new construction exceeding 20% of the gross floor area.
3. Existing Structures as required by Chapter 11.
Exceptions:
1. Structures that have an automatic fire sprinkler system installed throughout the structure in accordance with Section 903, NFPA-13 and the City of Grass Valley.
2. One and Two-family dwellings and related accessory outbuildings.
Appendix B, Subsection B108 “Automatic Fire Sprinkler System” is added to read as follows:
Subsection B108 Automatic Fire Sprinkler System. Any structure with a required fire flow of 1,750 gallons a minute or greater shall have an approved fully-supervised automatic fire sprinkler system installed throughout the structure in accordance with Section 903, NFPA-13 and the City of Grass Valley in the following categories:
1. New Structures.
2. Existing Structures with new construction exceeding 20% of the gross floor area.
3. Existing Structures as required by Chapter 11.
4. Change of occupancy classification.
15.06.020 Amendments to the 2025 California Building Code. Set forth below are the local amendments, additions and deletions to the 2025 California Building Code. Chapter and Section numbers used herein are those listed in the 2025 Building Code.
Section 105.5 “Expiration” is amended to read as follows:
Section 105.5 Expiration. Every Grading, Building, Plumbing, Mechanical, and Electrical permit issued by the city under this code shall expire by limitation and become null and void two (2) years after the date of issuance or if the building or work authorized by such permit is not commenced within 180 days from the date of issuance, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced. Suspension and/or abandonment shall be determined by a lack of progress inspections for a period of more than 180 days since a previous passing inspection. The maximum allowable length for all permits is 2 years, unless otherwise noted. Extensions will not normally be considered. Applicants with extenuating circumstances may submit written request and a filing fee prior to the expiration of the permit to the Building Official. Such requests are required to outline extenuating circumstances that did not allow for the completion of the work as permitted.
If a permit has expired, no work can recommence until a new permit is obtained. 105.5.2 - The cost of a new permit, the purpose of which is to facilitate completion of work for which a permit has expired, will be based on a quantitative estimation of inspections deemed necessary for completion. If costs for providing services to the project exceed the estimated fees collected at permit issuance, additional fees will apply. Said fees will be in accordance with the City’s Building Division Fee Schedule established by resolution of the City Council. It is the responsibility of the permittee to schedule all inspections necessary for a permit to remain current and valid. All inspections for this purpose must verify progress.
105.5.3 - Permits may be issued for a limited period when deemed necessary by the Building Official to abate dangerous, substandard, and/or illegal conditions. In such cases, the Building Official will establish the expiration at 30, 60, 90, or 180 days depending on the health and/or safety hazards.
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7 Such permit term limitations may be shorter if deemed appropriate and/or necessary by the Building Official.
Section 109.2 “Schedule of Permit Fees” is amended to read as follows:
Section 109.2 Schedule of Permit Fees. All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley from time to time. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical, and plumbing work and shall be established by the City’s Building Division Fee Schedule established by resolution of the City Council. Where plans are incomplete or changed to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.
Section 109.2.1 “Reinspections” is hereby added to read as follows:
Section 109.2.1 Reinspections. A reinspection fee will be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. With regard to reinspection, if the work is not complete and correct at the first reinspection, a minimum reinspection fee which shall be established by resolution of the City Council from time to time, shall be charged for any and all subsequent re-inspections for the same work. To obtain a reinspection the applicant shall first pay the reinspection fee(s) which are established by resolution of the City Council.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fee(s) have been paid.
Section 109.2.2 “Investigation Fee” is hereby added to read as follows:
Section 109.2.2 Investigation Fee. An investigation fee, in addition to the permit fee, shall be collected whether a permit is subsequently issued. The investigation fee shall be equal to one (1) times the amount of the permit(s) fees required by this code for a first violation and two (2) times the amount of the permit(s) fee(s) required by this code for any subsequent violation. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code or the technical codes nor from any penalty prescribed by law.
Section 109.4 “Work Commencing Before Permit Issuance” is hereby amended to read as follows:
Section 109.4 Work Commencing Before Permit Issuance. Whenever any work for which a permit is required by this code has been commenced without first obtaining such permit, a special investigation shall be made before a permit may be issued for such work.
Section 113 “Means of Appeals” is amended, in its entirety, to read as follows:
Section 113 Means of Appeals
Section 113.1 General. The Construction Board of Appeals shall hear and decide appeals of orders, decisions or determinations made by the Building Official or the Chief of the Fire Department of the City of Grass Valley or an authorized representative relative to the application and interpretation of this Code and shall provide reasonable determinations of decisions rendered by the officials charged with the responsibility of enforcing the Building and Fire Codes adopted by the City of Grass Valley, as amended from time to time including, but not limited to those adopted pursuant to Chapter 15.02 of the Grass Valley Municipal Code. The Construction Board of Appeals may be appointed in accordance with section 113, or the City may utilize the Nevada County Building and Accessibility Standards Board of Appeals (County Board) to address appeals of this Code. Should the County Board be utilized to conduct an appeal hearing, the County’s adopted appeal process shall be utilized.
Section 113.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction has been proposed. The Construction Board of Appeals shall have no authority relative to interpretation of the administrative provisions of these codes nor shall the Board be empowered to waive requirements of these codes. Any cost for tests or research required by the Board to substantiate the claim of the appellant shall be the sole responsibility of the appellant.
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8 Section 113.3 Qualifications. The Construction Board of Appeals shall consist of five (5) members, all of whom must be residents of Nevada County. The five (5) members shall consist of one (1) civil engineer (in the case of an appeal of an interpretation of the California Fire Code, the engineer shall be a fire protection engineer), one (1) architect and one (1) contractor, and two (2) persons representing the general public. All members shall be appointed by the city council. No city officer or employee shall serve on the Construction Board of Appeals. Three (3) appointees shall serve for four (4) years. Two (2) appointees shall serve for two (2) years. Thereafter, all appointees shall serve for four (4) years.
Section 113.4 Building Official Ex-Officio member. The Building Official for the City of Grass Valley shall be an ex-officio member of the Board, and shall act as secretary of said Board, but shall have no vote.
Section 113.5 Rules, Decisions, Legislative Recommendations. The Board shall adopt reasonable rules and regulations for conducting its investigations and render all decisions and findings in writing to the department head with a duplicate copy to the appellant.
Section 113.6 Appeals to Board. Any person aggrieved by a decision of the official charged with the responsibility of enforcing the respective codes may, within ten (10) working days of the decision, appeal to the Board of Appeals for a hearing. The appeal must be in writing and accompanied by a filing fee which shall be established by resolution of the City Council from time to time. The appeal shall be filed with the City Clerk and respective official. A form will be provided at the City Clerk’s office. No other form shall be used. All supporting documents shall be submitted with the form at the time of filing the appeal.
Section 113.7 Hearing. The City Clerk shall schedule a hearing within fifteen (15) days of receiving the request for hearing and give notice of the time, place, and subject matter of the hearing on the appeal to the person filing the appeal, subject official whose decision is involved and each member of the Board.
The hearing shall be informal. The Board shall announce its decision within five (5) days after the hearing has concluded.
Section 113.8 Finality of Decision. The decision of the Construction Board of Appeals hereunder shall be the final administrative decision, and no provision of any ordinance of the City shall be interpreted as permitting a further administrative appeal to the city council or any other city board or commission. Nothing in this section shall be interpreted as providing a request to the city council to amend any ordinance, a change in zoning classification, or an application for relief from a court.
Section 114 “Violations” is amended, in its entirety, to read as follows:
Section 114.1 Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure, or building service equipment or cause or permit the same to be done in violation of this code and the technical codes as amended and adopted by the city. The use or occupancy of any building in violation of any of the provisions of this code or the technical codes as adopted by the city is declared to be a public nuisance and may be abated in the manner provided by law.
Section 114.2 Notice of Violation. The Building Official and his or her deputy inspectors shall be vested with the necessary powers and duties for the exclusive purpose of enforcing provisions of this Code and it shall be their duty to issue any warnings or citations for violations to serve a notice of violation or order on the person responsible for the erection, construction, alteration, expansion, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Any citation issued by the Building Official or deputy inspector shall state the time, date and place the person cited shall appear in court. The appearance date shall be at least ten (10) days after the date of the citation.
Section 114.3 Prosecution of Violation. If a notice of violation is not complied with as directed, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code
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9 or of the order or direction made pursuant thereto. The Building Official or the deputy inspectors in issuing any citation shall comply with the applicable provisions of the Penal Code Section 853.6 excepting that provision which requires arrest whenever a person has refused to sign the citation in which event neither the Building Official nor any deputy inspector shall take or attempt to take into custody any such person refusing to sign the citation.
Section 114.4 Violation Penalties. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by a fine not to exceed one thousand ($1,000.00) dollars or by imprisonment not to exceed one hundred eighty (180) days, or both fine and imprisonment. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense. The application of the aforementioned penalty shall not be held to prevent the enforced removal of the prohibited conditions.
Section 1.11.2.1.1 of the General Code Provisions is amended to read as follows:
Section 1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the Office of the State Fire Marshal shall be, except as provided in Section 1.11.2.1.2, as follows:
1. The City with jurisdiction in the area affected by the standard or regulation shall delegate the joint enforcement of the building standards relating to fire and panic safety and other regulations of the State Fire Marshal as they relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the California Building Standards Code, to the following:
1.1. The Chief of the Fire Department of the City of Grass Valley or an authorized representative.
1.2. The Building Official of the City of Grass Valley or an authorized representative.
Section 1608 “Snow Loads” in Chapter 16 Volume II Structural Design is amended to read as follows:
Section 1608.2 Ground snow loads. The incorporated limits of the City of Grass Valley are declared a snow area. Buildings, other structures, and all portions thereof that are subject to snow loading shall be designed to resist snow loads. Except as provided in this section, snow load requirements shall be pursuant to California Building Code Section 1608. In no case may the roof snow load be less than 34.2 psf. (Based on 49 psf. Ground Snow Load).
Section J103 “Permits Required” of Appendix J is hereby amended to read as follows:
Section JI03.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the City of Grass Valley City Engineer or authorized representative. All approved grading plan submittals shall be included as part building permit plan submittals prior to the issuance of the building permit by the Building Official. A grading permit does not include the construction of retaining walls or other structures.
1. Joint enforcement of the building standards relating to Grading Appendix J, Volume II of the 2025 California Building Code of Part 2 of the California Building Standards Code and the City of Grass Valley Development Code, Title 17, Article 6, “Site Development Regulations”.
1.1. The City Engineer of the City of Grass Valley or an authorized representative.
1.2. The Building Official of the City of Grass Valley or an authorized representative.
15.06.030 Amendments to the 2025 California Residential Code. Set forth below are the local amendments, additions and deletions to the 2025 California Residential Code. Chapter and Section numbers used herein are those listed in the 2025 California Residential Code.
Section R309.3.1.3 “Alarm Required” is hereby added and shall read as follows:
Section R313.3.1.3 Alarm required. Local water flow alarms shall be provided on all fire sprinkler systems required by this code and must be in accordance with NFPA 72, “National Fire Alarm and Signaling Code”
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10 15.06.040 Amendments to the 2025 California Electrical Code. Set forth below are the local amendments, additions and deletions to the 2025 California Electrical Code. Chapter and Section numbers used herein are those listed in the 2025 Electrical Code.
Section 89.108.4.2 “Fees” is hereby amended to read as follows:
Section 89.108.4.2 Fees. Subject to other provisions of law, the governing body of any city, county or city and county may prescribe fees to defray the cost of enforcement of rules and regulations promulgated by the Department of Housing and Community Development.
The amount of the fees shall not exceed the amount reasonably necessary to administer or process permits, certificates, forms, or other documents, or to defray the costs of enforcement. For additional information, see State Housing Law, Health and Safety Code, Division 13, Part 1.5, Section 17951 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Article 3, commencing with Section 6.
Section 89.108.4.2 “Fees” is hereby amended to read as follows:
Section 89.108.4.2 Permit Fees. All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley.
Section 89.108.4.3 “Plan Review Fee” is hereby added to read as follows:
Section 89.108.4.3 Plan Review Fee. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical and plumbing work and shall be established by the City’s Building Division Fee Schedule established by resolution of the City Council. The plan review fee for grading shall be in accordance with the schedule established by the City Council. Where plans are incomplete or changed to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.
15.06.050 Amendments to the 2025 California Mechanical Code. Set forth below are the local amendments, additions and deletions to the 2025 California Mechanical Code. Chapter and Section numbers used herein are those listed in the 2025 Mechanical Code.
Section 104.5 “Fees” is hereby amended to read as follows:
Section 104.5 Fees. All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley.
Section 104.3.2 “Plan Review Fee” is hereby amended to read as follows:
Section 104.3.2 Plan Review Fee. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for building, electrical, mechanical and plumbing work and shall be established by the City’s Building Division Fee Schedule established by resolution of the City Council. The plan review fee for grading shall be in accordance with the schedule established by the City Council. Where plans are incomplete or changed to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.
Section 107.0 “Board of Appeals” is hereby amended to read as follows:
Section 107.0 Board of Appeals. Refer to Title 15, Section 15.06.020 of the City of Grass Valley Municipal Code.
15.06.060 Amendments to the 2025 California Plumbing Code. Set forth below are the local amendments, additions and deletions to the 2025 California Plumbing Code. Chapter and Section numbers used herein are those listed in the 2025 Plumbing Code. The listed sections and subsections are hereby amended as follows:
Section 104.5 “Fees” is hereby amended to read as follows:
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11 Section 104.5 Fees. All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley.
Section 104.3.2 “Plan Review Fee” is hereby amended to read as follows:
Section 104.3.2 Plan Review Fee. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review.
Plan review fees will be in addition to building permit fees for building, electrical, mechanical, and plumbing work and shall be established by the City’s Building Division Fee Schedule established by resolution of the City Council. The plan review fee for grading shall be in accordance with the schedule established by the City Council. Where plans are incomplete or changed to require additional plan review, an additional plan review fee shall be charged in accordance with the schedule established by the City Council for such fee.
Section 107.0 “Board of Appeals” is hereby amended to read as follows:
Section 107.0 Board of Appeals. Refer to Title 15, Section 15.06.020 of the City of Grass Valley Municipal Code.
15.06.070 Amendments to the 2024 International Swimming Pool Code. Set forth below are the local amendments, additions and deletions to the 2024 International Swimming Pool Code. Chapter and Section numbers used herein are those listed in the 2024 International Swimming Pool Code The listed sections and subsections are hereby amended as follows:
1. Where the term International Building Code is used it shall be replaced with the term California Building Code.
2. Where the term International Residential Code is used it shall be replaced with the term California Residential Code.
3. Where the term International Plumbing Code is used it shall be replaced with the term California Plumbing Code.
4. Where the term International Energy Conservation Code is used it shall be replaced with the term California Energy Code.
5. Where the term International Fire Code is used it shall be replaced with the term California Fire Code.
6. Where the term International Fuel Gas Code is used it shall be replaced with the term California Plumbing Code.
7. Where the term International Mechanical Code is used it shall be replaced with the term California Mechanical Code.
8. Where the term NFPA 70 is used it shall be replaced with the term California Electrical Code.
Section 101.1 “Title” is hereby amended to read as follows:
Section 101.1 Title. These regulations shall be known as the International Swimming Pool and Spa Code of the City of Grass Valley hereinafter referred to as “this code.” Section 109.1 “Fees” is hereby amended to read as follows:
Section 109.1 Fees. All permit fees to include Building, Electrical, Mechanical, Plumbing, and Grading permit fees shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley.
Section 109.1.1“Plan Review Fee” is hereby added to read as follows:
Section 109.1.1 Plan Review Fee. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Plan review fees will be in addition to building permit fees for Building, Electrical, Mechanical, Plumbing, and Grading permit fees and shall be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Grass Valley.
Section 112.1 “Means of Appeal” is hereby amended to read as follows:
Section 112.1 Means of Appeal. Refer to Title 15, Section 15.06.020 of the City of Grass Valley Municipal Code.
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12 SECTION 7. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.
SECTION 8. Effective Date. This Ordinance shall be in full force and effect after its passage, but no sooner than January 12, 2023.
SECTION 9. Publication. The City Clerk is hereby ordered and directed to cause this Ordinance to be published in the manner and time required by law.
INTRODUCED and first read on this 7
th day of December 2022
PASSED AND ADOPTED this 13th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
/s/
Hilary Hodge, Mayor
ATTEST:
/s/
Taylor Whittingslow, Deputy City Clerk
APPROVED AS TO FORM:
/s/
Michael Colantuono, City Attorney
PUBLISH DATE: _______________
Item # 9.
City of Grass Valley
City Council
Agenda Action Sheet
Title: Downtown Parking
CEQA: Exempt – existing facilities
Recommendation: That Council hear a presentation from staff and stakeholders and direct the City Manager to: (1) implement paid parking at the Pioneer Village Parking Lot (Neal and South Auburn Streets), South Church Street Parking Lot (Neal and South Church Streets) and the South Auburn Street Parking Lot (100 South Auburn Street, also known as the ‘Union Square’ Parking Lot); (2) adopt resolution R2025-46 setting the cost of parking to one dollar ($1.00) for the first two hours and two dollars ($2.00) for each hour thereafter, setting the days of the week for paid parking to be Monday-Saturday, and setting the time of day for paid parking to be from 8AM to 6PM; (3) authorize the police department to hire one additional police officer I/II position to administer the program; and (4) direct staff to make necessary budget adjustments to account for anticipated revenues and expenses to implement the program
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: 11/12/2025 Date Prepared: 10/30/2025 Agenda: Administrative
Background Information: Parking convenience, availability, and turnover has long been an issue in the downtown business improvement district, namely on the streets and in off-street parking lots adjacent to the 100 block of Mill Street. Merchants and visitors alike have expressed concerns with parking availability. As evidenced during large-scale downtown events, there is ample parking in the general area, but convenient parking remains a challenge. The availability of convenient parking adds benefit to merchants and visitors.
Some businesses in the downtown area have private parking available either as part of the parcel on which they operate, or through shared agreements with other businesses.
However, a large number of merchants and employees utilize on and off-street parking, often in close proximity to the downtown core, restricting available convenient spaces for visitors. Nearly all parking in the downtown area is restricted with similar timebased restrictions of 3-hour parking limits or by use of permit parking in designated lots. This includes parking options closest to the downtown core. Some of the most convenient off-street parking is in the South Church Street Parking Lot as well as the South Auburn Street (Union Square) Parking Lot. Combined, those two lots consist of 154 spaces, of which 7 are ADA designated. The Pioneer Village Lot, which has been a paid/permit lot for a few years, consists of 20 regular spaces, 12 permit spaces, and 2 ADA designated spaces.
Recently, the Grass Valley Downtown Association (GVDA) conducted surveys of
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downtown merchants to gather input related to parking. The purpose of this outreach was to provide the City Council with a clear understanding of merchant perspectives and priorities as the City considers future parking options.
The GVDA’s intent was to help shape a parking strategy that is simple, consistent, and easy to understand — one that:
Increases the availability of premium parking spaces through higher turnover Encourages employees to park in longer-term areas farther from the downtown core
Enhances safety and wayfinding for all users of the downtown area Feedback from merchants reflected a range of ideas and opinions about how to improve parking management and enforcement downtown. Options discussed included exploring limited paid parking in high-demand lots such as the South Church Street and South Auburn Street (Union Square) lots, as well as strengthening parking enforcement and potentially re-establishing a downtown police liaison.
The GVDA believes a more consistent and visible parking presence downtown would not only improve compliance but could also enhance community engagement and safety through regular patrols and direct interaction with businesses and visitors.
In a recent Operational Needs Assessment completed by Dixon Resources Unlimited for the City, and presented to Council on 03/11/2025, the need for consistent enforcement as well as parking space pricing to force turnover was identified. The report read, “The City has low compliance with downtown time limits and permit parking regulations.
While the City has elements in place to improve compliance, including technology for license plate-based enforcement and an escalating fine schedule, it lacks dedicated parking enforcement resources.” The report continued, saying that “parking supply in downtown Grass Valley is generally sufficient to meet the observed demand. Turnover concerns can be addressed by balancing utilization, ensuring that premium spaces experience the most turnover while longer stays are directed to spaces farther from key destinations.” A pay-to-park model, coupled with enforcement, will enhance compliance and turnover.
The goal of this program is to create parking turnover in premium parking lots by way of the most efficient method(s) possible. Adding affordable and convenient paid parking in two of the most central and largest parking facilities will drive turnover and provide the opportunity for centralized kiosk-based pay options. In addition, technology will be leveraged through the availability of an integrated mobile phonebased payment app. The revenue generated from paid parking lots will be utilized for program expenses. Any excess revenue will be utilized for future staff, program, or parking improvement projects.
It should also be noted that this approach seeks to enhance parking availability for individuals with disabilities. Under state law, vehicles displaying a disabled person placard or plate may park in any space for free. The increased turnover in the premium parking lots, particularly at S. Church Street, aims to increase disabled persons access to Mill Street and the downtown core.
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Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #2 – Transportation; # 4 Economic Development and Vitality; and, #6 – Exceptional Public Safety
Fiscal Impact: Revenue from paid parking is expected, on an annual basis, to offset the expenses of program administration (equipment, software, supplies, etc.) as well as pay for the addition of 1 FTE police officer I/II position. Any excess revenues will be allocated to program staff, program expenses and/or parking improvements.
Attachments:
R2025-46 setting paid parking fees
Overhead image of parking lots in the downtown area
Funds Available: Yes. Account #: 100-44400 Revenue & 100-201 Expense Reviewed by: City Manager
Item # 10.
RESOLUTION NO. 2025-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS
VALLEY SETTING PARKING FEES IN DESIGNATED MUNICIPAL
OFF-STREET PARKING LOTS
WHEREAS, Article XI, section 5, of the California Constitution authorizes the City to make and enforce all ordinances and regulations regarding municipal affairs; WHEREAS, Article XI, section 7, of the California Constitution authorizes the City to make and enforce within in its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; WHEREAS, Article III of the City Charter authorizes the City to make and enforce all laws and regulations regarding municipal affairs, and to exercise any and all rights, powers and privileges established, granted or prescribed by any law of the state, by the City Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the California Constitution; and WHEREAS, the City Council adopted Ordinance 836 on September 9, 2025, an amendment to Chapter 10.48 of the Grass Valley Municipal Code (“GVMC”) regulating the use of off-street parking lots;
WHEREAS, Chapter 10.48 of the GVMC establishes the method of regulation and control of use of off-street parking lots, including the use of paid parking devices in section 10.48.030, as amended by Ordinance 836;
WHEREAS, the City Council hereby establishes the use of paid parking devices to regulate parking time in the Pioneer Village Parking Lot (Neal and South Auburn Streets), South Church Street Parking Lot (Neal and South Church Streets) and the South Auburn Street Parking Lot (100 South Auburn Street, also known as the ‘Union Square’ Parking Lot);
WHEREAS, Article XIII C, section 1, subdivision (e), of the California Constitution provides that a “tax” does not include: (1) a charge imposed for a specific government service provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service, and (2) a charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations,
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inspections, and audits, and the administrative enforcement and adjudication thereof; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:
SECTION 1. The foregoing recitals are each true and correct and incorporated herein by this reference.
SECTION 2. The City Council hereby sets the cost of parking in the Pioneer Village Parking Lot (Neal and South Auburn Streets), South Church Street Parking Lot (Neal and South Church Streets) and the South Auburn Street Parking Lot (100 South Auburn Street, also known as the ‘Union Square’ Parking Lot) at the following rates, effective January 1, 2026 or anytime thereafter upon installation of paid parking devices:
0-2 hours: One dollar ($1.00) per hour
Each hour thereafter Two dollars ($2.00) per hour
SECTION 3. The City Council hereby sets the day of the week for paid parking in the Pioneer Village Parking Lot (Neal and South Auburn Streets), South Church Street Parking Lot (Neal and South Church Streets) and the South Auburn Street Parking Lot (100 South Auburn Street, also known as the ‘Union Square’ Parking Lot) to be Monday – Saturday.
SECTION 4. The City Council hereby sets the time of day for paid parking in the Pioneer Village Parking Lot (Neal and South Auburn Streets), South Church Street Parking Lot (Neal and South Church Streets) and the South Auburn Street Parking Lot (100 South Auburn Street, also known as the ‘Union Square’ Parking Lot) to be from 8AM to 6PM.
SECTION 5. The adoption of this Resolution is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly.
The adoption of this Resolution is also exempt from CEQA by CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that prohibiting certain use of wheeled devices in the downtown core may have a significant effect on the environment.
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SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be published or posted according to law.
ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 12th day of November 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAINING:
___________________________
Hilary Hodge, Mayor
ATTEST:
___________________________
Taylor Whittingslow, City Clerk
APPROVED TO FORM:
___________________________
David Runderman, City Attorney
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