Grass Valley City Council
November 25, 2025

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, November 25, 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 25, 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

CITY UPDATE

1. Update from City Fire Department
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.

2. Approval of the Regular Meeting Minutes of November 12, 2025.

Recommendation: Council approve minutes as submitted.

3. Approve the purchase of a Staff Command Vehicle for EMS Supervisor from National Auto Fleet Group
CEQA: Not a Project

City of Grass Valley, CA AGENDA November 25, 2025
Recommendation: That council approve the Fire Chief to enter into an agreement for the purchase of one EMS Staff Command Vehicle from National Auto Fleet Group in the amount not to exceed $80,000.00 including upfitting, as budgeted, subject to legal review.

4. Approval of modifications of Police Chief, Fire Chief, and Deputy City Manager I/II Employment Agreements
CEQA: Not a project
Recommendation: That Council 1) approve the amended and restated updated Police Chief and Fire Chief Employment Agreements to include educational and longevity incentive pays, deferred compensation benefits, and other related revisions, subject to legal review; 2) approve Amendment No. 1 to the Deputy City Manager I/II Employment Agreement increasing the deferred compensation amount, subject to legal review; 3) authorize the City Manager to execute the Agreements and Amendment subject to legal review; and 4) authorize the Finance Director to make any necessary budget transfers, adjustments and/or amendments to complete this action.

5. Professional Services Agreement with NBS for Water Rate Evaluation Study CEQA: Not a Project
Recommendation: That the City Council 1) approve a Professional Services Agreement with NBS to conduct a comprehensive evaluation of the City’s existing Water User Rates, including an updated financial plan, cost-of-service analysis, and rate structure alternatives, in order to address current revenue shortfalls and ensure the long-term fiscal health of the Water Enterprise Fund; 2) authorize the City Manager execute the agreement with NBS up to $56,000, subject to legal review; (3) authorize the City Manager to approve change orders up to 10%; and (4) direct the Finance Director to make appropriate budget adjustments and/or transfers.

6. Second reading of Ordinance 838 to amend City of Grass Valley Municipal Code, Title 15, Chapters 15.02 to 15.06 that incorporates the 2025 California Building Codes CEQA: Not a project
Recommendation: Conduct the second reading, by title only, and adopt Ordinance 838 amending the Grass Valley Municipal Code Chapters 15.02 to 15.06 that incorporates the 2025 California Building Standards Code Title 24 Parts 1 through 12, the 2024 International Swimming Pool and Spa Code, the 2024 International Property Maintenance Code, and local amendments.

7. Clarification of City Hall Holiday Schedule and Public Availability CEQA: Not a project
Recommendation: That the City Council receive the report clarifying that City Hall will remain open to the public during the upcoming holiday period, except for the standard observed holidays (December 24, December 25, and January 1). City Hall will continue to operate under its regular schedule, which includes being closed to the public on Fridays.

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

OR ANY ADDED AGENDA ITEMS

City of Grass Valley, CA AGENDA November 25, 2025

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

8. Habitat for Humanity request for an Affordable Housing Project at Gates Place, including a General Plan Text Amendment, a Zoning Text Amendment, A Zoning Map Amendment, along with a Planned Development Permit and 16-lot Tentative Subdivision Map
CEQA: Consideration of a Mitigated Negative Declaration prepared in Accordance with the California Environmental Quality Act (CEQA)
Recommendation: That council; 1) Approve Resolution 2025-48 adopting a Mitigated Negative Declaration (MND),Exhibit A, and Mitigation Monitoring and Reporting Program, Exhibit B, for the 16-unit affordable housing project proposed by Nevada County Habitat for Humanity at Gates Place, APN: 035-600-015), 2) Approve Resolution 2025-49 approving a General Plan Text Amendment to the Business Park Land Use Designation allowing an affordable, residential-only project when necessary to meet State RHNA targets. 3) Introduce Ordinance No. 839 adding Section 17.28.090 of Chapter 17.28, Title 17 of the Grass Valley Municipal Code regarding a RHNA combining district appliable to the CBP zoning designation, waive full reading, and read by Title Only 4) Introduce Ordinance No. 840 adding the RHNA combining district to the property at APN 035-600-015 as depicted in Exhibit A, to accommodate an affordable housing project, waive full reading, and read by Title Only 5) Approve Resolution No. 2025-50 approving a Planned Development, Development Review Permit and 16-unit Tentative Subdivision Map for a 16-unit affordable housing project on Gates Place at APN 035-600-015, proposed by Nevada County Habitat for Humanity, subject to Conditions of Approval, Exhibit A, and Mitigating Measures, Exhibit B, upon adoption and effective date of Ordinances 839 & 840.

9. Amend Dorsey Marketplace Project to Add a Condition of Approval to Allow Phasing of the Project
CEQA: Consideration of an Addendum to the Certified EIR and Subsequent EIR in Accordance with the California Environmental Quality Act (CEQA) Recommendation: That council approve Resolution 2025-51 approve an amendment to the Conditions of Approval for the Dorsey Marketplace Project to add Condition A.4, allowing phasing of the project over a seven-year period and adopting a CEQA Addendum as the appropriate level of environmental review

ADMINISTRATIVE

BRIEF REPORTS BY COUNCIL MEMBERS

CONTINUATION OF PUBLIC COMMENT

ADJOURN
POSTING NOTICE: This is to certify that the above notice of a meeting of The City Council, scheduled for Tuesday, November 25, 2025, at 6:00 p.m., was posted at city hall, easily accessible to the public, as of 5:00 p.m. Thursday, November 20, 2025. __________________________
Taylor Whittingslow, City Clerk

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

MINUTES

CALL TO ORDER
Meeting called to order at 6:04.

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

REPORT OUT OF CLOSED SESSION
Nothing to report.

INTRODUCTIONS AND PRESENTATIONS

1. National Hospice and Palliative Care Month Proclamation

CITY UPDATE

2. Building in Grass Valley Update
PUBLIC COMMENT –
Virtual Comments Attached.

In Person: Sign in sheet 1 to 5

CONSENT ITEMS

Item # 2.

City of Grass Valley, CA MINUTES November 12, 2025
Public comment: Virtual comments attached.

Motion made by Councilmember Arbuckle, Seconded by Vice Mayor Caravelli.

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

3. Approval of the Regular Meeting Minutes of October 28, 2025 Recommendation: Council approve minutes as submitted.

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.

Item # 2.

City of Grass Valley, CA MINUTES November 12, 2025
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.

Jon May, Building Official, gave a presentation to the Council.

Public comment: none
Motion made 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 2025 California Building Standards Code.by Councilmember Arbuckle, Seconded by Vice Mayor Caravelli.

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

ADMINISTRATIVE

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 Alex Gammelgard, Chief of Police, presented recommendations for implementing paid parking in three downtown lots and adding a police officer for enforcement and downtown presence. GVDA/Chamber Input: Survey results and outreach presented; merchants split on paid parking; consistent enforcement identified as top priority.

Public Comment: Lily Robertson, Brian Young, Paula Newman, Jerry Cirino, Michael Lamar, Jacob McDonald, Linda “Sparrow” McKay, Unnamed speaker, Michelle Albanese
Virtual Comments attached.

Council reviewed rate structure, staffing model, enforcement needs, employee parking concerns, and potential oversight.

Motion 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

Item # 2.

City of Grass Valley, CA MINUTES November 12, 2025
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, and the addition of Provide direct contact option for employees needing safety escorts, Bring back a 1-year oversight/report-back on program performance, develop a need-based permit fee waiver for downtown employees, Work with private property owners to bring eligible spaces under enforcement, Ensure officer receives downtown-specific training by Councilmember Ivy Seconded by Councilmember Arbuckle.

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

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Bonomolo reported meeting with local care facilities and arranging outreach visits with residents. Councilmember Ivy attended both the Nevada County Transportation Commission meeting and the Resilience Project committee meeting. Councilmember Arbuckle shared updates from the Hospice Gala, the GVDA merchant meeting, and noted the upcoming Donation Day parade. Councilmember Caravelli reported attending the joint jurisdictional housing meeting, a meeting with Habitat for Humanity, Union Hill’s community garden appreciation event, and the Veterans Day service. Mayor Hodge highlighted participation in Safe Trick-or-Treat, the Special Council Meeting, and the ERC meeting, and announced that “Wednesdays with the Mayor” will be rescheduled.

CONTINUATION OF PUBLIC COMMENT

ADJOURN
Meeting was adjourned at 8:23 pm.
________________________________ ______________________________ Hilary Hodge, Mayor Taylor Whittingslow, City Clerk
Adopted on: __________

Item # 2.

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, ptease indicate in the appropriate box when you sign in and take the number corresponding to your name. Each individuat can have up to 3 minutes of pubtic comment. At the beginning of the meeting, there will be an altotted 30 minutes of generat pubtic comments and the remainder of comments will be heard at the end of the agenda.

Speakers wilt be catled 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. Ptease 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, untess you have new information.

Thank you for your participation.
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14 Page 9
Item # 2.

What is light pollution?
Light pollution is the human-made alteration of outdoor light levels from those occurring naturally.

FACT SHEET *llghtpollution
When we ove!-light, fail to use timers and sensors, or use the wron8 color of Iight, we can negatively affect many parts ofourworld, including migratory birds, pollinators, sea turtles, and mammals, including humans.

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.
7 Use only fully shielded, Darksky
Approved fixtures for all outdoor
.,/ Turn offlights in office buildings
and homes when not in use.
lighting, so Iights

LIGHT POLLUTION FACTS
Components of
light pollution
. Glare
-
excessive brightness that
causes yisual discomfort
. Sky glow
-
brightening of the
night sky over inhabited areas
. Light trespass
-
light falling
where it is not intended or needed
. Clutter
-
bright, confusing, and
excessive groupings of liBht sources
Harmful effects of
light pollution
A growing body of evidence links the
brightening night sky directty to
measurable negative impacts on:
. Wildlife and ecosvstell}s
. Hurnan he.rlth
. Energy-3.!(ku44l!ssh3!gs
. Crime and safety
. Night skv heritagg
. Scientific research
The problem is growing
Research indicates that light pollution
is increasing at a tlobal average rate of
ten percent per year.

YOU R LOCAL CHAPTER
DarkSky
shine down,
not up.
v/ Use only the
right amount
oflight needed
Too much light is
wasteflrl and harms wildlife.
y' Install timers and dimmer switches
and turn off lights when not in use.If
you must have security lighting, use
motion sensors.

DarkSky
y' Use only lighting with a color
temperature of 3ooo K and below to
reduce the blue cool light that's
more harmful to many animal
species.
y' workwithyour neighbors and local
govemments to ensure outdoo!
lighting isn't harming the wildlile in
your area.

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5049 East Aroadway Blvd #lO5
Tucson AZ85711USA
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Item # 2.

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34 REPORT OF THE COUNCIL ON SCIENCE AND PUBLIC HEALTH
CSAPH Report 2-A- 16
Subject Human and Environmental Effects of Light Emitting Diode (LED) Community Lighting
Presented by
Referred to:

Louis J. Kraus. MD, Chair
Ref'erence Committee E
(Tlreodore Zanker, MD, Chair)

INTRODUCTION
With the advent ofhighly efficient and bright light emitting diode (LED) lighting, strong economrc arguments exist to overhaul the street lighting of U.S. roadways.r"t Valid and cornpelling reasons driving the conversion lrom conventional lighting include the inherent energry efficiency and longer larnp life of LED lighting, leading to savings in energy use and reduced operating costs, including taxes and maintenance, as well as lower air pollution burden fiorn reduced reliance on fossil-based carbon fuels.

Not all LED light is optimal, however, when used as street Iighting. Lnproper desigrr ofthe lighting fixture can result in glare, creating a road hazard condition.a s LED lighting also is available in various color correlated temperatures. Many early designs of white LED lighting generated a color spectrum with excessive blue wavelength. This feature further contributes to disabrlity glare, i.e., visual irnpairment due to stray light, as blue wavelengths are associated with more scattering in the human eye, ard sufficiently intense blue spectruln damages retinas.6 T The excessive blue spectnun also is environmentally disruptive for many nocturnal species. Accordingly, significant human and environmental concems are associated with short wavelength (blue) LED emission, Cunently, approximately l0% ofexisting U.S. street lighting has been converted to solid state LED technology, with efforts underway to accelerate this conversion. The Council is undertaking this report to assist in advising communities on selecting arnong LED lighting options in order to minirnize potentially harmful hurnan health and environtnental effects.

ME'IHODS
English language reports published between 2005 and 2016 were selected liom a search ofthe PubMed and Google Scholar databases using the MeSH tenns "light." "lighting methods." "color," "photic stimulation," and "adverse eff'ects," in combination with "circadian rhythm/physiology/radiation effects," "r'adiation dosage/effects," "sleep/physiology," "ecosystem," "environment," and "environmental monitoring." Additional searclres using the text terms "LED" and "community," "street." and "roadway lighting" were conducted. Additional information and perspective were supplied by recognized experts in the field.

ADVANTGAGES AND DISADVANAGES OF LED STREET I-IGHTS
O 2016 American Medical Association. All rights reserved Action of the AMA House of Delegates 2016 Annual Meeting: Council on Science a-nd Public Health Report 2 Recommendations Adopted and Rernainder of Report Filed.

Item # 2.

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CSAPH Rep. 2-A-16 -- page 2 of9
The main reason for converting to LED street lighting is enerpxr et'ficiency; LED lighting can reduce enerry consumption by up to 50% compared with conventional high pressure sodi urn (HPS) lighting. LED lighting has no wann up requirement with a rapid "tum on and off'at full intensity. ln the event ofa power outage, LED lights can turn on instantly when power is restored, as opposed to sodium-based lighting requiring prolonged wanr up periods. LED lighting also has the inherent capability to be dirnrned or tuned, so that during off peak usage times (e.g., I to 5 AM), ftlrther enerry savings can be achieved by reducing illumination levels. LED lighting also has a much longer lifetime (15 to 20 years, or 50,000 hours), reducing maintenance costs by decreasing the fiequency offixture or bulb replacement. That lifespan exceeds that ofconventional HPS lighting by 2-4 times. Also. LED lighting has no mercury or lead. and does not release any toxic substances if darnaged, unlike mercury or HPS lighting. The light output is very consistent across cold or wann temperature gmdients. LED lights also do not require any intemal reflectors or glass covers, allowing higher efficiency as well. if desigred properly.8' Despite the benefits ofLED lighting, some potential disadvantages are apparent. The irutial cost is higher than conventional lighting; several years ofenergy savings may be required to recoup that initial expense.r0 The spectral characteristics ofLED lighting also can be problematic. LED lighting is inherently narrow bandwidth, with "white" being obtained by adding phosphor coating layers to a high energy (such as blue) LED. These phosphor layers can wear with tirne leading to a higher spectral response than was designed or intended. Manufacturers address this problem with more resistant coatings, blocking filters, or use of lower color temperature LEDs. With proper design, higher spectral responses can be minimized. LED ligltting does not tend to abruptly "bum out," rather it dims slowly over many years. An LED fixture generally needs to lre replaced after it has dimrned by 30% from initial specifications, usually after about l5 to 20 years.r'rr Depending on the design, a large amount blue light is ernitted fiom some LEDs that appear white to the naked eye. The excess blue and green emissions fiom some LEDs lead to increased light pollution, as these wavelengths scatter more within the eye and have detrimental environrnental and glare effects. LED's light emissions ale characterized by their correlated color ternperature (CCT) index.r2'lr The first generation ofLED outdoor lighting and units that are still widely being installed are "-1000K" LED units. This nomenclature (Kelvin scale) reflects the equivalent color of a heated metal object to that temperature. The LEDs are cool to the touch and the nomenclature lras nothing to do with the operating temperature ofthe LED itself. By comparison, the CCT associated with daylight light levels is equivalent to 6500K, and high pressure sodium lighting (the current standard) has a CCT of2l00K. Twenty-nine percent ofthe spectrum of4000K LED lighting is emitted as blue light, which the hurnan eye perceives as a harsh white color. Due to the pointsource nature of LED lighting, studies have shown that this intense blue point source leads to disconrfort and disability glare. ra
( ilare
Disability glare is defined by the Department of Transportation (DOT) as the following More recently engineered LED lighting is now available at 3000K or lower. At 3000K, the hurnan eye still perceives the light as "white," but it is slightly warmer in tone, and has about 2l% of its emission in the blue-appearing part of the spectrurn. This emission is still very blue for the nighttirne environment, but is a significant improvement over the 4000K lighting because it reduces discomfort and disability glare. Because ofdifferent coatings, the energy efficiency of 3000K lighting is only 3%o less than 4000K, but the light is rnore pleasing to hurnans and has less of an impact on wildlife.

Item # 2.

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50 CSAPH Rep. 2-A-16 -- page 3 of9
"Disability glare occurs when the introduction ofsray light into the eye reduces the ability to resolve spatial detail. It is an objective impainnent in visual perfomance." Classic rnodels of this type ofglare attribute the deleterious ellbcts to intraocular light scatter in the eye. Scattering produces a veiling lulninance over the retina, which effectively reduces the contrast of stimulus images fbrmed on the retina. 'fhe disabling effbct ofthe veiling lutninance has serious irnplications lbr nighttime driving visibility. I 5
Although LED lighting is cost efficient and inherently directional, it paradoxically can lead to worse glare than conventional lighting. This glare can be greatly minimized by proper lighting design and engineering. Glare can be rnagnified by improper color lelnperature ofthe LED, such as blue-rich LED lighting. LEDs are very intense point sources that cause vision discomfort when viewed by the human eye" especially by older drivers. This effect is rnagnified by higher color temperature LEDs, because blue light scatters more within the human eye, leading to increased disability glare.r6
ln addition to disability glare and its impact on drivers, many residents are unhappy with bright LED lights. In rnany localities where 4000K and higher lighting has been installed, community complaints ofglare and a "prison atnrosphere" by the high intensity blue-rich lighting are common.

Residents in Seattle, WA have dernanded shielding. cornplaining they need heary drapes to be comfortable in their own homes at night.lT Residents in Davis, CA demanded and succeeded in getting a cornplete replacernent ofthe originally installed 4000K LED lights with the 3000K version throughout the town at great expense.18 In Cambridge, MA,4000K lighting with dimming controls was installed to mitigate the harsh blue-rich lighting late at night. Even in places with a high level of ambient nighttime lighting, such as Queens in New York City, many complaints were rnade about the harshness and glare fiom 4000K liglrting. r') In contrast, 3000K lighting has been much better received by citizens in general.

L ln shiel ded l,li l) l,ighti ng
Unshielded LED lighting causes significant discomfort from glare. A French govemmenl report published in 2013 stated that due to the point source nature of LED lighting, the lurninance level of unshielded LED lighting is sufficiently high to cause visual discornfort regardless of the position, as long as it is in the field ofvision. As the emission surfaces ofLEDs are highly concentrated point souces, the luminance ofeach individual source easily exceeds the level ofvisual discomfort, in some cases by a fhctor of 1000.17
Discomfort and disability glare can decrease visual acuity, decreasing safety and creating a road hazard. Various tesling measures have been devised to determine and quantifr the level ofglare and vision irnpairment by poorly designed LED lighting.'" Lighting installations are typically tested by measuring foot-candles per squre meter on the ffround. This is useful for detennining the efficiency and evenness oflighting installations. This method, however, does not take into account the hurnan biological response to the point source. It is well known that unshielded light sources cause pupillary constriction, leading to worse nighttime vision between lighting fixtures and causing a "veil ofillunrinance" beyond the liglrting fixture. This leads to worse vision than if the light never existed at all, defeating the purpose of the lighting fixture. Ideally LED Iighting installations should be tested in real life scenarios with eff'ects on visual acuity evaluated in order to ascertain the best designs for public safety.
l'ropcr Shitlding

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With any LED lighting, proper attention should be paid to the design and engineering features.

LED lighting is inherently a bright point source and can cause eye fatigue and disability glare if it is allowed to directly shine into hurnan eyes liorn roadway lighting. This is mitigated by proper design, shielding and installation ensuring that no light shines above 80 degrees frorn the horizontal. Proper shielding also should be used to prevent light trespass into homes alongside the road, a corunon cause ofcitizen complaints. Unlike current HPS street lighting, LEDs have the ability to be controlled electronically and dirmned from a central location. Providing this additional control increases the installation cost, but may be worthwhile because it increases long term energy savings and minimizes detrirnental hurnan and environmental lighting effects. In environmentally sensitive or rural areas where wildlife can be especially aflected (e.g., near national parks or biorich zones where noctumal animals need such protection), strong consideration should be made for lower emission LEDs (e.9.. 3000K or lower lighting with effective shielding). Strong consideration also should be given to the use of filters to block blue wavelengths (as used in Hawaii), or to the use ofinherent amber LEDs, such as those deployed in Quebec. Blue light scatters rnore widely (the reason the daytime sky is "blue"), and unshielded blue-rich lighting that travels along the horizontal plane increases glare and drarnatically increases the nighttime sky glow caused by excessive light pollution.

POTENTIAL HEALTH EFFECTS OF ''WHITE'LED STREET I,,IGHTING Much has been leamed over the past decade about the potential adverse health effects ofelectnc light exposure, particularly at night.2r'2j The core concem is disruption ofcircadian rhythrnicity.

With waning arnbient light. and in dre absence ofelectric lighting, humans begin the transition to nighttime physiologry at about dusk; melatonin blood concentrations rise, body temperature drops, sleepiness grows, and hunger abates, along with several other responses.

A number ofcontrolled laboratory studies have shown delays in the normal transition to nighttirne physiologry liorn evening exposrre to tablet computer screens, backlit e-readers, and room light typical ofresidential settings.26-28 These effects are wavelength and intensity dependent, implicating bright, short wavelength (blue) electric light sources as disrupting transition. Tlrese effects are not seen with dimmer, longer wavelength light (as fiom wood fires or low wattage incandescent bulbs). In hurnan studies, a short-tenn detrirnent in sleep quality has been observed after exposure to sholt wavelenglh light before bedtime. Although data are still emerging, some evidence supports a long-term increase in the risk for cancer, diabetes, cardiovascular disease and obesity from chronic sleep disruption or shiftwork and associated with exposure to brighter light sources in the evening or night."'n
Electric lights differ in terms oftheir circadian irnpact.30 Understarding the neuroscience of circadian light perception can help optimize the design ofelectric lighting to minirnize circadian disruption ard irnprove visual effectiveness. White LED streetlights are currently berng marketed to cities and towns throughout the country in the name ofenergy efficiency and long tenn cost savings, but such lights have a spectrun containing a strong spike at the wavelength that lnost effectively suppresses melatonin during the night. It is estimated that a "white" LED Iamp is at least 5 times more powerfr in influencing circadian physiolory than a high pressure sodiunr light based on melatonin suppression.-tr Recent large surveys lound that brighter residential nighttirne lighting is associated with reduced sleep time, dissatisfaction with sleep quality, nighttime awakenings. excessive sleepiness, impaired daytime fiurctioning, and obesity.2e 12 Thus, white LED street lighting pattems also could contribute to the risk ofchronic disease in the populations of cities in which they have been installed. Measurements at street level fiom white LED street lamps are needed to more accurately assess the potential circadian impact of evening/nighttime exposure to these lights.

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ENVIRONMENTAL EFFECTS OF LED I,IGHTING
The detrimental efl'ects ofinefficient lighting are not limited to humans;607o of anirnals are nocturnal and are potentially adversely affected by exposure to nighttime electrical lighting. Many birds navigate by the moon and star reflections at night; excessive nighttime lighting can lead to reflections on glass high rise towers and other objects, leading to confusion, collisions and death.rl Many insects need a dark environment to procreate, the most obvious example being lightning bugs that camot "see" each other when light pollution is pronounced. Other environmentally beneficial insects are attracted to blue-rich lighting, circling under them until they are exhausted and die.rt t' Unshielded lighting on beach areas has led to a massive drop in turtle populations as hatchlings are disoriented by electrical light and sky glow, prer.enting them Iiom reaching the water safely.-t5-r7 Excessive outdoor lighting diverts the hatchlings inland to their dernise. Even bridge lighting that is "too blue" has been shown to inhibit upstrearn migration ofcertain fish species such as salmon retuming to spawn. One such overly lit bridge in Washrngton State now is shut off during salmon spawning season.

Recognizing the detrimental elfects oflight pollution on noctunral species, U.S. national parks have adopted best lighting practices and now require minimal and shielded lighting. Light pollution along the borders ofnational parks leads to detrirnental effects on the local bio-environment. For example, the glow of Miami, FL extends throughout the Everglades National Park. Proper shielding and proper color ternperature ofthe lighting installations oan greatly rninirnize these types ofhannful effects on our environment.

CONCI"USION
Current AMA Policy supports efforts to reduce light pollution. Specific to street lighting, Policy H135.932 supports the implernentation oftechnologies to reduce glare fiom roadway lighting. Thus, the Council recornmends that communities considering conversion to energy efficient LED street lighting use lower CCT lights that will minirnize potential health and environrnental ell'ects. The Council previously reviewed the adverse health effects of nighttirne lighting, ard concluded that pervasive use of nighttirne lighting disrupts various biological processes. creating potentially harnrful health effects related to disability glare and sleep dish.rbance.25

RECOMMENDATIONS
The Council on Science and Public Heallh recommends that the following staternents be adopted. and the rernainder of the report filed.

That our American Medical Association (AMA) support the proper conversion to community-based Light Emitting Diode (LED) lighting, which reduces energy consumption and decreases the use offossil fuels. (New HOD Policy)

2. That our AMA encourage minimizing and controlling blue-rich environmental lighting by using the lowest emission ofblue light possible to reduce glare. (New HOD Policy)

3. That our AMA encourage the use of3000K or lower lightrng for outdoor installations such as roadways. All LED lighting should be properly shielded to minimize glare and detrinrental human and environrnental effects. and consideration should be given to utilize the abilio/ of LED lighting to be dimrned for off-peak time penods. (New HOD Policy) Fiscal Note: Less than S500
CSAPH Rep. 2-A-16 -- page 6 of9

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RF,FERENCF]S

2. Illuninating Engineering Society RP-8 - Guide to Roadway Lighting. http://www.ies.orq/? 2014. Accessed April 4,2016.

3. LED Lighting Facts-A Program ofthe United States Deparhnent of Energy httD://www.lishtinqfacts.com. Accessed April 5.2016

4. Lin Y, Liu Y, Sun Y, Zhu X, Lai J, Heynderickz l. Model predicting discomfort glare caused by LED road lights. Opt lixpre.rs. 2014;22( l5): 18056-71.

5. Gibbons RB, Edwards CJ. A review ofdisability and discornfort glare research and fi"rture direction. lSth Biennial TRB Visibility Symposium, College Station TX, United States, April t7-19.2007.

6. Shang YM, Wang GS, Sliney D, Yang CH, Lee LL. White light-+rnitting diodes (LEDs) at domestic lighting levels and retinal injury in a rat model. l,)nviron Health Per.spect. 20l4:122(3):269-76.

7. Lougheed T. Hidden blue hazard? LED lighting and retinal darnage in rals. 1,.)nviron Health I'cr.,;pt'ct.20 l4: I 22( 3 ):A8 L

9. In depth: Advantages of t,t:D l-ighting. http:ii energ-v.ltgovenrors. ctinvin-depth-advantagcs-ol'- ledJighting.html. Accessed April 5, 20 16.

10. Silvennan H. How LED Streetlights Work. HowStuffWorks.com- Jrur'e 22,2009 htto: //sc i ence. howsttrf]\vorks.com/environ tallureen-tech/sustairrahle/led-streetl iqht hhn Accessed April 7, 2016
I l. Jin H, Jin S, Chen L, Cen S, Yuan K. Research on the lighting performtuice ofLED street lights with different color temperatures. llil'.1,1 I'hotonics Journal.20l5;24(6):97 5-18. http://ieeexplore.ieee.or,/stalnD/starnD. isp?amunlbe--7328247 . Accessed April 7, 20 I6

12. Moris N. LED there be light. Nick Morris predicts a bright future lbr LEDs lilectrooplics.com htto :/r'www. el ectroootics.com/f'eatures/ lltntul06tiUn irrl06leds htrnl Accessed April 7, 2016.

13. Mills MP. The LED illumination revolution. l.-orhes Magazine. February 27,2008 htrp //www.forbes.coml200Sl02l2T lincandescent-led-cfl-nf-suru in rnm 0227enerqv inl.htrnl Accessed April 5. 20l6
l. Municipal Solid State Street Lighting Consortium.
http://www I .eere.enerqv.sov./buildinqs/ssl,/consortium. html. Accessed April 4, 20 16.

8. A Municipal Guide for Converting to LED Street Lighting, (httu://www Leere.enerrry.sov/buildings/ssl/consonitun.html) l0/13/2013.

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CSAPH Rep. 2-A-16 -- page 8 of9
l4. Opinion of the French Agency for Food, Environmental and Occupational Health & Sal'ety, October 19, 2010-
https://web.archive.org/web/20 I 404291 6 | 553/http:/www.anses. filDocurnents/AP2008sa0408E N*pdf

15. U.S. Departrnent of Transportation, Federal Highway Administration, 2005

16. Sweater-Hickcox K, Narendran N, Bullough JD, Freyssinier JP. Effect ofdifferent coloLred lrrminous surrounds on LED discomfort glare perception. l.ighting l|e.\earch Technologt. 2013;45(4):464-7 5. http://lrt,sasepub.com,/content/45/4/464. Accessed April 5,2016.

17. Scigliano E. Seattle's new LEDlit streets Blinded by the lights. ('rosscut. March 18.2013 http://crosscut.corn/20 I 3/03/streetlishts-seattle-led/. Accessed April 6,2016

18. Davis will spend $350,000 to replace LED lights after neighbor cornplaints. CBS Local, Sacramento;October 2l .2014. htto:i/sacrarnento.suntirnes.corn/sac-news/7/ I 38/6000ldaviswill-spend-350000-to-replace-led-l ishts-after-neishbor-complaints.

19. Chaban M. LED streetlights in Brooklyn are saving energy but exhausting residents. /y'I 'l.ime,s; March 23, 20 I 5. http://www.nvtimes.conr/20 I 5 103 124 lnv retton/new-ledstreetlishts-shine-too-briqhtlv-fbr-some-in-brooklvn.htrnl? r=0. Accessed April 5. 2016

20. Vos JJ. On the cause of disability glare and its dependence on glare angle, age and ocular pi gmentation, (' I i n I i.t p ( ) p to m. 2003 ;86(6):363 -7 0. 2 I . Stevens RG, Brainard GC, Blask DE, Lockley, SW, Motta, ME. Breast cancer and circadian disruption lrom electric liglrting in the modern world. (7 (lancer.l ('lin.2014;64.207-18.

22. Evans JA, Davidson AJ. Health consequences ofcircadian disruptiorr in humans and animal nod,els. Prog A4ol Biol Transl Sci.20l3;l l9:283-323.

23. Wright KP Jr, McHill AW. Birks BR, Gri{fin BR, Rusterholz T, Chinoy ED. Entrainrnent of the human circadian clock to the natural light-dark cycle. ('urr Riol.20l3;23:1554-8.

24. Energy Savings Estimates of Light Emitting Diodes in Niche Lighting Applications. Building Technologies Prograrn, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy. January 20 I I .
htto://aoos I .eere.enersv.uovn)uildinss/oublications/ndl's/ssl/nislrefi nalreport ianuarv2O I I .pdf Accessed April 7. 20 l6

25. Council on Science and Public Health Report 4. Light pollution. Adverse effects olnighttime lighting. American Medical Association, Annual Meeting, Chicago, lL.2012.

26. Cajochen C, Frey S. Anders D. et al. Evening exposure to a light-emitting diodes (LED)- backfit cornputer screen affects circadian physiology and cognitive perfonnance. J Appl l'h1,siol. 201| ; I l0: 1432-8.

27. Chang AM. Aeschbach D, Duf! JF, Czeisler CA. Evening use of light-emitting eReaders negatively affects sleep, circadian tinring, and next-moming alertness. Proc Natl Ac'od Sci t /SA. 2015 l 12:1232-7.

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28. Gooley JJ, Chamberlain K, Smith KA. et al. Exposure to roorn light before bedtirne suppresses melatonin onset and shortens melatonin duration in hrunans. J ('lin lindocrinol lletah. 201l:,96:E463-72.

30. [,ucas RI, Peirson SN, Berson DM, et al. Measuring and using light in the rnelanopsin age 'l rands Neurosti. 2014:37:l -9.
3 I . Falchi F, Cinzano P, Elvidge CD, Keith DM. Hairn A. Lirniting the iurpact of light pollution on human health, environment and stellar visibility..l linvrron Manage. 201l 92:2714-22.

32. Ohayon M. Milesi C. Sleep deprivation/insomnia and exposure to street lights in the Anrencan general population. American Academy ofNeurology Annual Meeting. April I5-2l,2016.

Vancouver. BC.

33. Pawson SM, Bader MK. Led lighting increases the ecological impact of lightpollution irrespective ofcolor ternperat ure. licological Applications.20l4:24:1561-68.

34. Gaston K. Davies T, Bennie J. Hopkins J. Reducing the ecological consequences of night-time light pollution: Options and developments. .l Appl licol. 2012;49(6):1256-66.

35. Salmon M. Protecting sea turtles fiorn artificial night lighting at Florida's oceanic beaches. InRich C, Longcore T (erJs.). l.cological ('on:;equences of Arti/icial Night Lighting.2006:l4l-68 lsland Press, Washington, DC.

36. Rusenko KW, Mann JL, Albury R, Moriarty JE, Carter HL. Is the wavelength of city glow gefting shorter? Parks with no beachfront lights record adult aversion and hatchling disorientations in 2004. Kalb H, Rohde A, Gayheart K, Shanker, K, compilers.2008. l'roceeding:r of the 'lwenty-li/ih Annual Symytsium on Sea'lhrtle Riologt and ()onsen'alion, NOAA Technical Memorandurn NMFS-SEFSC-5 82, 204pp.
http://www.nmf's.noaa. gov/pr/pdf's/species/turtlesvmposiurn2005.pdf

37. Rusenko KW, Newman R, Mott C, et al. Using GIS to determine the eli'ect of sky glow on nesting sea tu(les over a ten year period. Jones TT, Wallace BP, cornpilers. 2012. l'ntceedings o/ the 'l hirty-Jirst Annual Sympo.sium on Sea'lfurtle lliotog, and (.onsen,otion. NOAA Technical Memorandum NOAA NMFS-SEFSC-63 I :32p.

Acknowledgernent: The Council thanks George Brainard, PhD (Thomas Jefferson University)1 Richard Stevens, PhD (University Connecticut Health Center); and Mario Motta, MD (CSAPH.

Tufts Medical School) for their contributions in preparing the irritial draft of this report, and the commentary by Travis Longcore, PhD, on the ecological impact of nighttirne electrical lighting.

29. Koo YS, Song JY, Joo EY, et al. Outdoor artificial Iight at night, obesity, and sleep health:

Cross-sectional analysis in the KoGES sttdy. ('hronobio| Inr.2016;33(3):301-14.

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.t t,l
lnlant&
Ghildlen's
Uision

BLUE LIGHT IMPACT IN

CHILDREN
Blue light can c,ause retinal damage
Visible light passes through the media of the eye to
the retina where photoreceptors transform it into an
electrochemacal !iignal. Humans depend on this
process for image-formation and rggulation of daily
sleep-wake cycl€s. Commonly encountered light
emitted by the sLn and personal electronic devices
contain significant amounts of high-energy, shortwavelength blue light.l Ultraviolet (UV) light contains more energy than blue
light, but is absorbed by the cornea and crystalline
lens, limiting retinal exposure.

Visible blue light may potentially be harmful to the
human retina, as it can be absorbed by the retinal
pigment epithelium (RPE) and certain
photoreceptors, generating localized oxidative and
thermal stress. Laboratory studies on rodent and
primate models have demonstrated that extended
time periods of d rect retinal exposure to bright blue
light accelerate rates of RPE and photoreceptor
dealh.2 3
ls outdoor blue light exposure dangerous for
children's eyesi,
Researchers have hypothesized that sunlight
exposure is a ris[( factor for the development of agerelated macular clegeneration (AMD). Large-scale epldemiological s,tudies investjgating this association in adult subjects 'rave produced mixed results, with
some supportang the hypothesis4,5 and others
disagreeing.cs
Children may be at higher risk for blue light retinal
damage than adults. The juvenile lens absorbs less
short-wavelength light than the adult lens,e allowing
more blue light tc reach a child's retina. Although
one epidemiological study suggests that life-long
sunlight exposure is not a risk factor for the
lnfant & children's Vision Resources supported by
The American optometric Association and
Optometry Cares - The AOA Foundation
development of AMD,10 the long term consequences
of blue light exposure in children are not well
understood.

The benefits of limiting sunlight exposure with UVfiltering sun spectacles are well established. These devices reduce the eye's UV and visible blue light
exposure, slowing the development of cataract,
eyelid cancer, pterygium and soft drusen, a risk
factor for the development of exudative AMD.8 11
Thus, clinicians and parents should act with cautaon
when managing children's outdoor sunlight
exposure. Specifically, all children should possess
ocular sun protection in the form of dark sun
spectacles that filter UV light. Any potential safety
benefits of blue-blocking antireflective coatings are
not well elucidatedi therefore, these products are not
an adequate replacement for sun spectacles.
ls computer-generated blue light exposure
dangerous for children's eyes?
Although the light ematted by personal electronic
devices is not bright enough to damage the human
retina,12 it is able to stimulate blue-lighlsensitive
ganglion cell photoreceptors that regulate circadian
rhythms.l3 As a result, cellular telephone, tablet and
personal computer use before bedtime can delay
sleep onset, degrade sleep quality and impair
alertness the following day.1a Extended use of thgse
devices has also been shown to cause symptoms of
dry eyes, blurred vision and headaches.l5
Limitation of personal electronic device use before
bedtime is recommended to be the most effective
method for reducing lighrinduced sleep disruption in
children. The use of amber-tinted spectacle lenses
during the use of electronic devices immediately
before bedtime has shown promise as a strategy to
reduce their altering effects,l6 but such filters require more investigation before this practice can be
advocated. Any potential benefits to sleep quality of
blue-blocking antireflective coatings have not been
investigated.
(continued on back)
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'l:..: -r lnc arle tr)urr(lalronPage 20
Item # 2.
lnlant &
Ghililrcn's
Uision
lnfant & Children's Vision Resources supported by
The American Optometric Association and
Optometry Cares - The AOA Foundation
Refercnces:

1. Gringras P, Middleton B, Skene DJ, Revell VL. Bigger, Brighter, Bluer-Better? Current LightEmitting Devices - Adverse Sleep Properties and Preventative Strategies. Front Public Health 2015;3;233.

2. Wu J, Seregard S, Spangberg B, Oskarsson M, Chen E. Blue light induced apoptosis in rat retina. Eye (Lond) 1999;1 3 ( Pt 4).577-83.

3. Zateba M, Skumatz CM, Sarna TJ, Burke JM. Photic injury to cultured RPE varies among individual cells in proportion to their endogenous lipofuscin content as modulated by their melanosome content. lnvest Ophthalmol Vis Sci 2014;55:4982-90.

4. Tomany SC, Cruickshanks KJ, Klein R, Klein BE, Knudtson MD. Sunlight and the 1o-year incidence of agerelated maculopathy: the Beaver Dam Eye Study. Arch Ophthalmol 2004;122.75O-7 .

5. Cruickshanks KJ, Klein R, Klein BE, Nondahl DM. Sunlight and the s-year incidence of early age-related maculopathy: the beaver dam eye study. Arch Ophthalmol 2001;1 19:246-50.

6. Darzins P, Mitchell P, Heller RF. Sun exposure and age-related macular degeneration. An Australian casecontrol study. Ophthalmology 1997 ,104.77O$. 7. Mccarty CA, Mukesh BN, Fu CL, Mitchell P, Wang JJ, Taylor HR. Risk factors for age-related maculopathy: the Visual lmpairment Project. Arch Ophthalmol 200'l;1 19.1455$2.

L Delcourt C, Carriere l, Ponton-Sanchez A, Fourrey S, Lacroux A, Papoz L, Group PS. Light exposure and the risk of ago-related macular degeneration: the Pathologies Oculaires Liees a l'Age (POLA) study. Arch Ophthalmol 2001 ; 1 1 9: 1463-8.

9. Boettner EA, Wolter JR. Transmission of the Ocular Media. lnvestigative Ophthalmology 1962;1:776-83.

10. Taylor HR, West S, Munoz B, Rosenthal FS, Bressler SB, Bressler NM. The long{erm effects of visible light on the eye. Arch Ophthalmol 1992;1'10:99-104.
1 1. Yam JC, Kwok AK. Ultraviolet light and ocular diseases. lnt Ophthalmol 2014;U.383-400.

12. O'Hagan JB, Khazova M, Price LL. Low-energy light bulbs, computers, tablets and the blue light hazard.

Eye (Lond) 2016;30:230-3.

13. Berson DM, Dunn FA, Takao M. Phototransduction by retinal ganglion cells that set the circadian clock.

Science 2002;295: 1070-3.

14. Chang AM, Aeschbach D, Ouffy JF, Czeisler CA. Evening use of light-emitting eReaders negatively affects sleep, circadian timing, and next-morning alertness. Proc Natl Acad Sci U S A 2015;1 1 2:1232-7 .

15. Klamm J, Tarnow KG. Computer Vision Syndrome: A Review of Literature. Medsurg Nurs 201 5;24:89-93.

16. van der Lely S, Frey S, Gatbazza C, Wirz-Justice A, Jenni OG, Steiner R, Wotf S, Cajochen C, Bromundt V, Schmidt C. BIue blocker glasses as a countermeasure for alerting effects of evening light-emitting diode screen exposure in male teenagers. J Adolesc Health 201 5;56:1 13-9. ,i:'oiror.r*Y cAREs 'l:, lllp nurnrcnn
: .". Thc AOA I oLrn(latr('n 0pToMETRrc ASSocrATr0N Page 21 Item # 2.

Item # 2.
2 Taylor Whittingslow
From: CHAN RACHELLE - Voicemail box 8880 <[email protected]> Sent: Wednesday, November 12, 2025 3:40 PM
To: Public Comments
Subject: Voicemail from CHAN RACHELLE at ( on Nov 12 2025 3:38 PM Attachments: 1762990682-00003542.mp3
You received a new voicemail message
New voicemail message
Time: Wednesday, November 12 2025 3:38 PM
From: CHAN RACHELLE
Duration: 39 seconds
Voicemail box: 8880
Transcript:

My name is Rochelle Chan. My address is 15242 Greenway Place, and as a lifelong resident of Nevada County, I strongly oppose the implementation of paid parking in downtown Grass Valley. Introducing parking fees would deter myself and many others from shopping locally, as it would create an unnecessary barrier to supporting our community businesses. Our town's charm lies in its accessibility and welcoming atmosphere and paid parking could jeopardize that. Let's prioritize the needs of our residents and maintain the vibrant local shopping experience that defines Cross Valley.

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Item # 2.

Item # 2.

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Item # 2.
7 Taylor Whittingslow
From: Nikie McElroy
Sent: Tuesday, November 11, 2025 6:51 PM
To: Public Comments
Subject: Downtown parking vote
[You don't oŌen get email from n . Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Dear City Council,
I am wriƟng about the vote for paid parking in downtown Grass Valley. I cannot aƩend the meeƟng in person, but wanted to lend a voice to the request of not implemenƟng paid parking. I love going downtown, especially now that it has been redone, and go there frequently. I take my son to the library and Lazy Dog. I love grabbing a coffee at the Fergan and geƫng dinner at Thirsty Barrel or Tofanelli’s. Parking downtown already can be a hassle when there is an event or when it is busy. If you make people pay to park, it will hurt the business downtown. I personally won’t come as oŌen because I think it’s ridiculous to have to pay to then shop. Especially at the proposed prices. We are a small town, we should be keeping that small town charm and whimsy. All you have to do is watch the one lot you already put a Ɵcket machine in to see this plan will cause harm to the town. That lot is almost always empty because people cart like the plague. No one wants to pay so they will drive around and walk further to avoid that machine, or just turn around and go home. If the problem is employees parking in lots that are for customers, then you need another plan to fix the problem.

Forcing the town to pay for bad employees will hurt all of the businesses instead.

Thank you,
Nikie Fruzza

Item # 2.
8 Taylor Whittingslow
From: Tamie Lopez >
Sent: Tuesday, November 11, 2025 6:48 PM
To: Public Comments
Subject: NO for paid parking downtown
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Dear Board members,
I don’t believe you should charge for parking in the downtown area. I’m a resident of Grass Valley and I would hate to have to pay for parking. I believe it will discourage local people, who are the ones who shop downtown the most, from shopping downtown. Target will get all the profits. Free parking there. Is that what you are trying to do? Make more people shop at Target?
Free parking is what makes going downtown easy and convenient. Now we will have to “find” free parking on the side streets or any place we can find, because we DO NOT want to have to pay.

This is a bad idea. Find something else to make money, don’t punish the locals.

Sent from me

Item # 2.
9 Taylor Whittingslow
From: Jannessa Slade
Sent: Tuesday, November 11, 2025 4:47 PM
To: Public Comments
Subject: Comment regarding paid parking downtown voting NO [You don't oŌen get email from Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
Hi there,
I work downtown at Bang! Hair saloon and am sending this message regarding the downtown paid parking idea, I will like to voice that I vote no and feel it will prevent people from coming to downtown or feeling like they need to rush through shopping to get back to their car to avoid being charged more which will impact stores from receiving maximum amount of shoppers wanƟng to stroll and take there Ɵme. Just my opinion. My vote is No.

Thank you

Item # 2.
10 Taylor Whittingslow
From: GANSTER CONSTR - Voicemail box 8880 <[email protected]> Sent: Tuesday, November 11, 2025 4:44 PM
To: Public Comments
Subject: Voicemail from GANSTER CONSTR at ( on Nov 11 2025 4:43 PM Attachments: 1762908209-00002b30.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, November 11 2025 4:43 PM
From: GANSTER CONSTR (
Duration: 19 seconds
Voicemail box: 8880
Transcript: Yeah, I would like to vote no on your continued money grab on parking. No on the parking. My name is Dave. My address is 13670 Axle Court, Grass Valley.

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Item # 2.
13 Taylor Whittingslow
From: Kiso Cannon
Sent: Tuesday, November 11, 2025 12:22 PM
To: Public Comments
Subject: Paid parking?
[You don't oŌen get email from . Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
As a lifelong resident of Nevada County, I strongly oppose the implementaƟon of paid parking in downtown Grass Valley.

Introducing parking fees would deter myself and many others from shopping locally, as it would create an unnecessary barrier to supporƟng our community businesses. Our town's charm lies in its accessibility and welcoming atmosphere, and paid parking could jeopardize that. Let's prioriƟze the needs of our residents and maintain the vibrant, local shopping experience that defines Grass Valley.

Sent from my iPhone

Item # 2.
14 Taylor Whittingslow
From: Kiso Cannon
Sent: Tuesday, November 11, 2025 12:21 PM
To: Public Comments
Subject: Park downtown
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As a lifelong resident of Nevada County, I strongly oppose the implementaƟon of paid parking in downtown Grass Valley.

Introducing parking fees would deter me from shopping locally, as it would create an unnecessary barrier to supporƟng our community businesses. Our town's charm lies in its accessibility and welcoming atmosphere, and paid parking could jeopardize that. Let's prioriƟze the needs of our residents and maintain the vibrant, local shopping experience that defines Grass Valley.

Item # 2.

Item # 2.
16 Taylor Whittingslow
From: Lin Jovanovic
Sent: Tuesday, November 11, 2025 10:02 AM
To: Public Comments
Subject: Parking proposal
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Paying for parking will make it even more difficult to find spaces downtown, even with a new police officer assigned to Ɵckets. That prat also seems like a waste of Ɵme as police are needed for more important acƟviƟes. i think Grass Valley should build a parking structure first. That could be paid parking and would decrease the problems in the downtown area.

Lin Jovanovic
Resident of Grass valley
[email protected]

Item # 2.
17 Taylor Whittingslow
From: RICHARDSON J. - Voicemail box 8880 <[email protected]> Sent: Tuesday, November 11, 2025 9:01 AM
To: Public Comments
Subject: Voicemail from RICHARDSON J. at on Nov 11 2025 9:00 AM Attachments: 1762880416-000024d6.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, November 11 2025 9:00 AM
From: RICHARDSON J.

Duration: 29 seconds
Voicemail box: 8880
Transcript:

Hi, my name is Vicki Richardson. I live at 10854 Alta Street in Grass Valley. I am opposed to paid parking downtown Grass Valley. You're just discouraging the locals from coming down. I think tourists are used to paying. I just wanted to voice my opinion and tell you that I am not in favor of paid parking downtown. Thank you, bye.

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Item # 2.
19 Taylor Whittingslow
From: WISE JUDY - Voicemail box 8880 <[email protected]> Sent: Tuesday, November 11, 2025 8:35 AM
To: Public Comments
Subject: Voicemail from WISE JUDY at ( on Nov 11 2025 8:34 AM Attachments: 1762878870-00002480.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, November 11 2025 8:34 AM
From: WISE JUDY
Duration: 18 seconds
Voicemail box: 8880
Transcript: This town does not need that charging us for parking in the parking lot. It will hurt the businesses. People won't even pay to park and we'll see more stores closing.

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Item # 2.
22 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Tuesday, November 11, 2025 7:49 AM
To: Public Comments
Subject: Voicemail from WIRELESS CALLER at on Nov 11 2025 7:47 AM Attachments: 1762876053-0000240d.mp3
You received a new voicemail message
New voicemail message
Time: Tuesday, November 11 2025 7:47 AM
From: WIRELESS CALLER
Duration: 28 seconds
Voicemail box: 8880
Transcript:

Hello, my name is Tiffany Cresswell. My address is 10493 Broken Oak Court, Penn Valley, California 95946. My phone number is 530-263-1842. I'd like to vote no on the parking, the paid parking as we travel to West Valley for work. No on the paid parking. Thank you.

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Item # 2.

Item # 2.
25 Taylor Whittingslow
From: Kiso Cannon
Sent: Monday, November 10, 2025 11:27 PM
To: Public Comments
Subject: Paid parking down town
[You don't oŌen get email from Learn why this is important at hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
As a lifelong resident of Nevada County, I strongly oppose the implementaƟon of paid parking in downtown Grass Valley.

Introducing parking fees would deter me from shopping locally, as it would create an unnecessary barrier to supporƟng our community businesses. Our town's charm lies in its accessibility and welcoming atmosphere, and paid parking could jeopardize that. Let's prioriƟze the needs of our residents and maintain the vibrant, local shopping experience that defines Grass Valley.

Kiso

Item # 2.

Item # 2.
27 Taylor Whittingslow
From: Cindy Kennard
Sent: Monday, November 10, 2025 7:48 PM
To: Public Comments
Subject: Grass Valley Parking charges
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I have lived here in Grass Valley for 60 years. My mother grew up here, my husband and I have raised our children here, and our grandchildren are 4th generaƟon residents. My family has seen much change in our area over the years. To be honest, because parking is so difficult in Grass Valley these days, the only shopping I do locally is at the grocery stores.

Once, or twice a year I might shop for something specific down town. The parking problem is a deterrent. I don’t even like going into Nevada City anymore because their parking is so terrible. I don’t know how charging people to park is going to make anything beƩer. What do plan on spending the parking money on? Sent from my iPhone

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Item # 2.
32 Taylor Whittingslow
From: Katrina Paz
Sent: Monday, November 10, 2025 11:18 AM
To: Public Comments
Subject: Parking issue
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To Grass Valley City Council:

Charging cars to park will deter me from shopping downtown. I make specific efforts to go to town to support local merchants. Charging for parking will have a negaƟve impact on those businesses and the community atmosphere.

Thank you,
Katrina Paz
Nevada County resident

Item # 2.
33 Taylor Whittingslow
From: RICHARDSON N. - Voicemail box 8880 <[email protected]> Sent: Monday, November 10, 2025 9:57 AM
To: Public Comments
Subject: Voicemail from RICHARDSON N. at ( on Nov 10 2025 9:55 AM Attachments: 1762797308-00001b0d.mp3
You received a new voicemail message
New voicemail message
Time: Monday, November 10 2025 9:55 AM
From: RICHARDSON N.

Duration: 47 seconds
Voicemail box: 8880
Transcript:

Hello, my name is Nicole Richardson. I live at 19162 Connie Drive in Grass Valley. I'm calling because I object to you charging for paid parking in the downtown Grass Valley area. As a Grass Valley resident, I personally will stop frequenting those shops if I now have to start paying to be able to go shopping downtown. Please take this into consideration when you're thinking about putting up any sort of parking meters, as that will directly impact our local businesses, and it will directly result in local businesses likely having to shut their doors. If you have any questions, you can call me back at 408-612-2497. Thank you.

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Item # 2.
1 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Wednesday, November 12, 2025 7:06 PM
To: Public Comments
Subject: Voicemail from WIRELESS CALLER at ( on Nov 12 2025 7:01 PM Attachments: 1763002882-000036a4.mp3
You received a new voicemail message
New voicemail message
Time: Wednesday, November 12 2025 7:01 PM
From: WIRELESS CALLER
Duration: 3 minutes 32 seconds
Voicemail box: 8880
Transcript:

Hi this is Matthew Coulter commenting on the parking fee institution that you guys are thinking about and what you're calling the Pioneer Center lot has had a meter in it since its remodel years ago and at the time of its selling by the police chief to the council at that time it was going to literally fund the department because it's going to make so much money from parking. And the machine has been nothing with problems. It's been replaced several times. It's often broken. I've done multiple videos and put it on my channel of people just being frustrated and multiple people, family members, everyone trying to operate it. Very, very difficult and frustrating. And you know people kind of they want to park. A lot of the merchants seem to park as close as they can possibly get. I noticed that during the remodel of the Al Tavern, at least a half dozen, if not a dozen, parking spaces are taken up daily, all day long, by

Item # 2.
2 the workers that aren't really going back and forth to their trucks or utilizing their trucks for equipment, but they're just parking in that lot taking up a lot of space and we do need more disabled parking there's no doubt about that and unfortunately due to the slope of the town the topography it really has to be that one lot which now you're thinking of putting the restroom in and so it's going to be very cluttered and congested and people use that as a merry-go-round and just go around and around looking for a spot continually pulling out onto Neal Street and causing traffic issues by turning out on Neal Street and back into the lot repeatedly. People also go into that lot the wrong direction. So it needs more signage, it needs some more thought put into all this because the permit lot isn't even used across from the pioneer lot back behind the real estate office. it's mostly empty and there's a dead tree and it's trash on the ground there's a bunch of empty parking spaces so i don't understand why it is such a big deal true i don't drive currently by choice and ride a bicycle because congestion is very very bad and it's dangerous with the amount traffic and people looking for parking are distracted and going around in circles and causing a traffic issue unto themselves. So please put more thought into this because there's a lot more parking than what was just mentioned and didn't hear anything mentioned about the Richardson Street lot. That's also more level to get to Mill Street Mall if that's where you're trying to send people than either of the lower lots on the Union Square or the Pioneer Center lots. They're steeper to get up from there for the disabled folks. People use wheels, all kinds of disabilities that just the terrain keeps people literally from going where they want to go. Thank you.

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Item # 2.

Item # 2.
4 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Wednesday, November 12, 2025 6:30 PM
To: Public Comments
Subject: Voicemail from WIRELESS CALLER at ( on Nov 12 2025 6:27 PM Attachments: 1763000858-0000369a.mp3
You received a new voicemail message
New voicemail message
Time: Wednesday, November 12 2025 6:27 PM
From: WIRELESS CALLER
Duration: 1 minute 6 seconds
Voicemail box: 8880
Transcript:

Yes, this is Matthew Coulter commenting on the consent calendar the prefab ******* that's going to go in the church street parking lot I hope that it's more appropriate styling Than the ones that are in the city parks it's not just a duplicate cookie gutter of that and I'm curious also about the parking loss that's going to take place with the restrooms being put in and who's going to police the restrooms because the homeless use the ones currently at the park at E. Daniels Park for just living in so it's hard for people to use them. Also on the number nine the raises for the police chief fire chief assistant manager is it of the city of grass valley um wasn't that just in closed session the same thing or is this something different can you expand on that also remember eight and nine thank you

Item # 2.
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Item # 2.
6 Taylor Whittingslow
From: WIRELESS CALLER - Voicemail box 8880 <[email protected]> Sent: Wednesday, November 12, 2025 6:10 PM
To: Public Comments
Subject: Voicemail from WIRELESS CALLER at on Nov 12 2025 6:06 PM Attachments: 1762999589-00003691.mp3
You received a new voicemail message
New voicemail message
Time: Wednesday, November 12 2025 6:06 PM
From: WIRELESS CALLER
Duration: 1 minute 50 seconds
Voicemail box: 8880
Transcript:

Hello, this is Matthew Colter with public comment for the city council, November 12th, 2025, uh, development review committee meeting at nine a.m. This morning didn't happen. It was moved till 1 p.m. Without notice. So nobody attended, nobody commented with a 38 ,000 foot expansion for seeing the yard on Taylorville road.

Just outrageous Brown act violation, the closed session at five o 'clock. No comment allowed to be made before going into closed session that maybe the public would like to mention or talk about, or have a comment or a public comment, which is their right about the labor and the raises that you're giving to people in the back room, but no comment is allowed. That's a Brown Act violation. My public comment, I'm inviting each of the city council members, including the staff to come to my December 15th court date where you're suing me again. And of course, the taxpayers

Item # 2.
7 are also invited to come since they're funding it since 2018, you guys have been suing me. Um, if you guys aren't aware, two pedestrians were hit there. Your lovely intersection that you've created just outside of city hall today. Um, and I'll call back with the consent calendar, but I do have a continuation of this public comment and specifically for Jan. Jan, you got kicked off my Concerned Citizen page along with Alex Gamelgaard because you're both impotent. You see what's going on in the plight of the city, yet you do absolutely nothing. It's really sad that you have access to all that information and yet you do absolutely nothing for the community related to any of the things that have been brought up. Thank you.

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Item # 2.

Item # 2.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Approve the purchase of a Staff Command Vehicle for EMS Supervisor from National Auto Fleet Group
CEQA: Not a Project
Recommendation: That council approve the Fire Chief to enter into an agreement for the purchase of one EMS Staff Command Vehicle from National Auto Fleet Group in the amount not to exceed $80,000.00 including upfitting, as budgeted, subject to legal review.

Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 11/25/2025 Date Prepared: 11/19/2025 Agenda: Consent
Background Information: The EMS Supervisor staff vehicle is a critical resource designed to support emergency medical services and enhance operational effectiveness across the community. The EMS Supervisor routinely responds to incidents as an augmentation to field units, providing advanced life support (ALS) care, oversight of patient management, and support to on-scene personnel. Their clinical and operational decision-making directly impacts the safety and well-being of residents experiencing an emergency, as well as the firefighters and paramedics assigned to the incident.

This vehicle also strengthens multi-agency coordination by improving communications between command posts during Unified Command operations involving fire, law enforcement, EMS, and allied partners. In addition, it serves as a mobile platform for mission-critical supplies needed for larger-scale or multi-patient incidents and supports firefighter rehabilitation at extended operations such as structure fires and wildland incidents.

The proposed vehicle, Ford F250, is available to order under Sourcewell Contract 091521-NAF through National Auto Fleet Group and will replace the current 2015 EMS Supervisor vehicle, which will be surplused upon deployment of the new unit.

Item # 3.

Council Goals/Objectives: Exceptional Public Safety, consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: Funds for the replacement EMS Supervisor vehicle are available in the FY 2025/2026 Fire Department budget under the vehicle replacement and capital equipment allocations. Utilizing the Sourcewell cooperative purchasing contract provides competitive pricing and minimizes administrative procurement costs. No additional allocation is required beyond currently budgeted amounts.

Funds Available: Yes Account #: 200-203-52000
Reviewed by: City Manager
Attachments: None

Item # 3.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Approval of modifications of Police Chief, Fire Chief, and Deputy City Manager I/II Employment Agreements
CEQA: Not a project
Recommendation: That Council 1) approve the amended and restated updated Police Chief and Fire Chief Employment Agreements to include educational and longevity incentive pays, deferred compensation benefits, and other related revisions, subject to legal review; 2) approve Amendment No. 1 to the Deputy City Manager I/II Employment Agreement increasing the deferred compensation amount, subject to legal review; 3) authorize the City Manager to execute the Agreements and Amendment subject to legal review; and 4) authorize the Finance Director to make any necessary budget transfers, adjustments and/or amendments to complete this action.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 11/25/2025 Date Prepared: 11/17/2025 Agenda: Consent
Background Information: In an effort to retain and appropriately compensate the City’s key executive leadership team — including the Police Chief, Fire Chief, and Deputy City Manager I/II — staff is proposing replacing or amending their existing employment agreements to maintain parity with comparable jurisdictions and ensure long-term organizational stability.

The Police Chief’s amended and restated agreement is proposed to be updated to include potential educational pay, longevity pay, and increased deferred compensation. Similarly, the Fire Chief’s amended and restated agreement is recommended for revision to add longevity pay, adjust the salary range to align with that of the Police Chief, and include enhanced deferred compensation benefits. The Deputy City Manager’s agreement is proposed to be amended to increase the City’s deferred compensation contribution up to a maximum of $5,000 annually. See the attached agreements for specific details.

These adjustments are essential to keeping the City of Grass Valley’s top management positions competitive with other agencies of similar size and complexity. The City’s ability to retain experienced, high-performing department heads directly impacts the effectiveness, continuity, and institutional knowledge of City operations. Stable leadership in these critical areas — public safety and administration — ensures consistent service delivery, efficient management of resources, and effective implementation of City Council priorities.

Item # 4.

These proposed updates demonstrate the City’s continued investment in its leadership team and its proactive approach to recruitment and retention of essential executive personnel who guide the organization and deliver high-quality public service to the community.

Council Goals/Objectives: This proposed action executes portions of the work tasks towards achieving / maintaining the Strategic Plan goal to maintain a Productive and Efficient Workforce.

Fiscal Impact: The cost differential savings realized through the underfilling of various management positions will offset the cost of the proposed contract adjustments for the Police Chief, Fire Chief, and Deputy City Manager I/II.

Funds Available: Yes Account #: General Fund Account 100 Reviewed by: City Manager
Attachments:
 Amended and Restated Agreement for Police Chief
 Amended and Restated Agreement for Fire Chief
 Amendment No. 1 for Deputy City Manager Position I/II

Item # 4.

Page | 1
423061.4

AMENDED AND RESTATED EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF GRASS VALLEY

AND ALEX GAMMELGARD
Police Chief

RECITALS
WHEREAS, the City of Grass Valley (hereafter, the “City”) and Alex Gammelgard (hereafter, “Police Chief” or “Employee”) entered into an employment agreement on December 18, 2018 for services as Police Chief (the “2018 Agreement”); and WHEREAS, the 2018 Agreement was amended four times, on June 27, 2021, June 26, 2022, June 25, 2023, and October 8, 2024; and
WHEREAS, the parties desire to enter into an amended and restated agreement (hereafter, this “Agreement”); and
WHEREAS, this Agreements shall supersede the 2018 Agreement and all amendments to the 2018 Agreement.

Accordingly, the parties agree as follows:

1. Effective Date
This Agreement shall become effective when it has been executed by Alex Gammelgard and the City Manager has executed it.

2. Term of Employment
Police Chief shall serve at the pleasure of the City Manager and on an “at will” basis during the term of this Agreement, subject to the terms and provisions of this Agreement as set forth below.

3. Duties; Hours of Work
A. Police Chief shall perform those functions and duties as specified in the Grass Valley Municipal Code, the Police Chief job classification, and by direction of the City Manager.

Police Chief shall perform such duties in accordance with the highest professional and ethical standards of the Police Chief position. Police Chief shall not engage in any activity that is, or which may become, incompatible with the City of Grass Valley, as provided by federal, state, and local law. During the term of this Agreement, Police Chief shall be exclusively employed by the City, unless prior written authorization otherwise is received from the City Manager.

B. Police Chief shall maintain a regular work schedule consistent with that approved for other Directors of the City. Police Chief’s duties may involve expenditures in time in excess of eight (8) hours per day and/or forty (40) hours per week and may also include time outside normal office hours such as attendance at City Council and Commission meetings. The

Item # 4.

Page | 2
423061.4
Police Chief position is FLSA-exempt and Police Chief shall not be entitled to overtime or any other additional compensation for this time.

4. Compensation
A. Police Chief shall receive an annual base salary of $228,883.20 (“Base Salary Rate”), payable in equal bi-weekly payments to be made at the same time as other employees are paid.

B. Police Chief’s compensation shall be reviewed with the City Manager at least annually in connection with the annual review or at any other times as may be determined by the City Manager. Compensation may be increased as determined by the City Manager within the salary range (Compensation and Benefits - Appendix 1) for the Police Chief position.

C. Salary may be reduced in the event Police Chief receives an unsatisfactory evaluation, either at the annual evaluation or at any additional evaluation completed by the City Manager. Compensation may be reduced as determined by the City Manager within the salary range (Compensation and Benefits - Appendix I) for the Police Chief.

D. As consideration for the annual opportunity to be considered for increased compensation pursuant to paragraph 4.B above, Employee specifically waives any right to a 4/5 vote of the City Council prior to removal from his or her position, as may be provided under City Charter Article IX, Section 2. Employee acknowledges that the City Manager is the appointing authority and may remove Employee from the Police Chief position without action of the City Council.

E. Educational Incentives.

If Employee receives the Executive Certificate through the Peace Officer Standards and Training Commission (“POST”), the City will provide Employee with a three and one half percent (3.5%) increase over his Base Salary, as an educational incentive, the first pay period following the day Employee provides the POST Executive Certificate to the City.

If Employee receives the Management Certificate through POST, the City will provide Employee with a two and one half percent (2.5%) increase over his Base Salary, as an educational incentive, the first pay period following the day Employee provides the Management Certificate to the City.

If Employee receives both the Executive and Management Certificate, Employee shall be compensated for both certificates up to a total of a six percent (6%) increase over Base Salary.

F. Longevity
Employee shall receive longevity pay as follows:

Upon completion of ten (10) continuous years of service with City, Employee shall receive an additional two and one-half percent (2.5%) over their Base Salary.

Item # 4.

Page | 3
423061.4
Upon completion of twenty (20) continuous years of service with City, Employee shall receive an additional two and one-half percent (2.5%) over their Base Salary.

5. Health Insurance
The City shall pay the full premium for health insurance for the Police Chief, including his spouse and/or dependents, for health coverage (medical, dental, and vision) benefit options as provided to other employees.

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

6. Personal Leave
Police Chief shall receive Personal Leave benefits equal to those of Department Heads, as set forth in the “Compensation and Benefits - Appendix 1”. Police Chief may convert up to 160 hours of accrued Personal Leave to salary compensation once each Calendar Year pursuant to “Compensation and Benefits - Appendix 1,” upon City Manager’s prior approval, and consistent with Internal Revenue Service rules governing constructive receipt. Vacation and/or Annual Leave time cashed out pursuant to this provision shall be subtracted from the accumulated Vacation and/or Annual Leave balances when paid

7. Other Leaves and Benefits
City shall afford Employee such other benefits as are provided to other management employees of the City on the same terms as provided to those employees except as otherwise expressly provided herein.

8. Professional Memberships & Meetings; Other Expenses
City recognizes that certain expenses of a non-personal and job-related nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are authorized by the City budget, approved of in advance by the City Manager, and which are supported by expense receipts, statements, or personal affidavits, and audited in like manner as other demands against the City.

9. Retirement
Employees designated as local public safety (Police) “classic” employees by the City are currently provided retirement benefits under the Public Employee’s Retirement System’s Local Safety (Police) 3% at age 50 formula with a 9% employee contribution. Employees are also provided retirement benefits under Social Security. “Classic” public safety (Police) designated employees will pay a pre-tax contribution for retirement for the employee share under CalPERS retirement plan of 9%. The employee shall pay the full amount of the employee’s contribution rate to Social Security.

Item # 4.

Page | 4
423061.4
Employees designated as local public safety (Fire) “classic” employees by the City are provided retirement benefits under the Public Employees Retirement System’s (PERS) Local Public Safety (Fire) 3% at 55 formula. Employees are also provided retirement benefits under Social Security.
“Classic” public safety (Fire) designated employees will pay a pre-tax contribution for retirement for the employee share under CalPERS retirement plan of 9%. The employee shall pay the full amount of the employee’s contribution rate to Social Security.

New public safety employees hired after January 1, 2013 or “Non Classic” public safety (Fire or Police) designated employees, upon placement in a full-time employment status shall have the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS. The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.

Miscellaneous employees who are considered “classic” members by PERS will be responsible for paying the full employee contribution to the California Employees Retirement System, which is currently 8%. Miscellaneous employees who are considered “new” members by PERS will be responsible for paying 50 percent of the “normal cost” pursuant to the Pension Reform Act of 2013. The Employee shall pay the full amount of the Employee’s contribution rate to Social Security.

10. Deferred Compensation
The City will deposit to Police Chief’s deferred compensation account via bi-weekly payroll a contribution of $10,000 annually.

In the event this agreement terminates or is not renewed, Police Chief shall be entitled to retain only the amount of deferred compensation accumulated as of the date of termination or non-renewal.

After such time as Police Chief resigns or is terminated, City shall transfer ownership of any deferred amount on deposit in a deferred compensation plan to succeeding employers upon Police Chief’s written request.

11. Annual Performance Evaluation
The City Manager and/or their designee shall evaluate Police Chief’s performance at least once annually. The City Manager and Police Chief shall annually develop mutually agreeable performance goals and criteria which the City Manager shall use in reviewing Police Chief’s performance in the following year. It shall be Police Chief’s responsibility to initiate this review each year.

12. Indemnification
City shall defend, hold harmless and indemnify Police Chief against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Police Chief’s employment to the extent required by Government Code Sections 825 and 995.

Item # 4.

Page | 5
423061.4
Notwithstanding anything to the contrary in this section, pursuant to Government Code Section 53243.1, if the City provides funds for the legal criminal defense of Employee, any funds provided for that purpose shall be fully reimbursed by Employee to the City if Employee is convicted of a crime involving an abuse of office or position. Employee recognizes that City shall have the right to compromise and settle all actions or proceedings in which City is providing Employee a defense, even if Employee objects to such compromise or settlement.

13. Other Terms and Conditions of Employment
A. The City Manager and City Council may from time to time fix other terms and conditions of employment relating to the performance of Police Chief, provided such terms and conditions are not inconsistent with or in conflict with the provision of this Agreement, the Grass Valley Charter or Municipal Code, or other applicable law.

B. The provisions of the City’s Civil Service Rules and Regulations (“Rules”) shall apply to Police Chief to the extent they explicitly apply to the position of Police Chief, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Police Chief a property right in his or her employment. Police Chief is not a member of the competitive/ classified service and is an “at will” employee serving at the pleasure of the City Manager and may be dismissed at any time, subject only to the provisions of this Agreement and California Government Code section 3304, subd. (c). The provisions of Article IX, Section 2, requiring a 4/5 vote of the City Council to remove a Department Head do not apply to this Agreement and are specifically waived by Employee as provided in Section 4(D) of this Agreement. Notwithstanding any other provision of this Agreement, Police Chief shall not violate any policy prohibiting discrimination, harassment, retaliation, workplace violence, or other similar misconduct as set forth in the Rules and in federal, state law, and local law.

C. Police Chief shall be exempt from paid overtime compensation.

14. Termination
A. Police Chief is not part of the competitive (classified) service and therefore is an “at will” employee.

B. If Police Chief is terminated by the City Manager without cause, or for the purpose of implementing the goals or policies, or both, of the City or City Manager, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, Police Chief after termination will be entitled to up to six months of severance pay at Police Chief’s Base Salary Rate plus payment in a lump sum of the following: 1) 100% of any accrued, but unused Personal Leave and vacation leave, if any; and 2) 50% of the value of unused sick leave, if applicable, to the extent not used for PERS Service Credit, if any. Police Chief shall be entitled to severance pay under this subsection only upon execution of a claim waiver, release of liability, and waiver of his right to notice and appeal as set forth in Section 14.C. below and under California Government Code section 3304, subd. (c). Severance pay, if any, shall be paid monthly until Employee is gainfully

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423061.4
employed or the 6-month limit has been reached, whichever is less. Employee shall provide notification of gainful employment to City immediately upon commencing such employment if such employment commences within six months of Employee’s termination from City.

Notwithstanding anything to the contrary in this subsection, pursuant to Government Code Section 53243.2, if the Agreement is terminated, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to City if Employee is convicted of a crime involving an abuse of his or her office or position.

C. If Police Chief is terminated by the City Manager for cause, Police Chief is not entitled to any severance pay whether or not advance notice of termination is provided; however, payment for accrued, unused Personal Leave, sick leave and/or vacation leave, if applicable, shall be paid as provided in sub-paragraph B above. In accordance with California Government Code section 3304, subd. (c), the City Manager may terminate this Agreement through written notice of the cause of termination and an opportunity for administrative appeal. For purposes of this Agreement, the term “for cause” shall include, but is not limited to, any of the following:
(a) use of alcohol or drugs that impedes performance of duties; (b) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(c) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted City policy;
(d) failure to maintain licenses and professional certifications required of the Police Chief by the job description;
(e) willful and repeated failure to carry out the lawful directives or policy decisions of the City Manager or City Council; or
(f) willful abandonment of the position or continued and unexcused absence from duty.

D. Police Chief may voluntarily terminate his employment, by resignation or retirement or some other similar manner, upon at least one-month notice, or a lesser amount of time agreed-to in writing by the City Manager. In this circumstance, City shall have no further obligation to provide payments and benefits, including Police Chief severance pay, upon the effective date of termination of employment, other than payment of accrued Personal Leave or other payments required by law.

E. In the event an Employee dies while employed by the City, his/her beneficiary or those entitled to his/her estate shall be paid for any earned salary and any in lieu payments for personal leave and any banked vacation or sick leave at the rates established in this Agreement to which the Employee is entitled as of the final day on City payroll. City may request appropriate documentation to ensure such persons are beneficiaries or otherwise entitled to participate in Employee’s estate.

15. Compliance With Law

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423061.4
This Agreement is subject to all applicable provisions of federal, state, and local laws, including the Grass Valley Municipal Code, except for the application of specific provisions of the City Charter which are waived as set forth herein.

16. General Provisions
A. This Agreement constitutes the entire agreement between the parties. City and Police Chief hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.

B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the reminder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.

C. Any notice to City pursuant to this Agreement shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed as follows:

Tim Kiser, City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
With courtesy copy to:

David J. Ruderman, City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Any notice to Police Chief shall be given in a like manner, and, if mailed, shall be addressed to Police Chief at the address shown in City’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally, or (b) on the second (2nd) calendar day after mailing, if mailed.

D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court for the County of Nevada, California. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party in that action shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the prosecution or defense of the action.

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

Item # 4.

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423061.4

17. Amendments
This represents the entire agreement between the parties. Amendments to this agreement may be made at such times as approved by the City Manager and Police Chief and shall be in writing.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

Dated:

Tim Kiser, City Manager
“CITY”
Dated:

Alexander Gammelgard, Police Chief
“EMPLOYEE”
Approved as to form:

Dated:

David J. Ruderman, City Attorney

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
Life Insurance and Long-Term Disability, EAP, Retiree Health Plan, other Benefits, and Special Provisions
A. EMPLOYEE CONTRIBUTIONS
Employee contributions towards health benefits are on a pre-tax basis and subject to IRS rules.

B. LIFE INSURANCE
The City shall provide term Life insurance benefits for the Employee, without cost to the Employee, of 1.5 times their annual salary up to two hundred thousand dollars ($200,000) for the Employee, five thousand dollars ($5,000) for the Employee’s spouse and fifteen hundred dollars ($1,500) for eligible dependent children without cost to the employee.

C. SHORT TERM/LONG TERM DISABILITY INSURANCE
Short Term – There is no short-term disability coverage however employee may elect to pay into State Disability Insurance (SDI) at no cost to the City, or they may use any leave bank to cover short term disability exceeding 10 workdays and with a doctor’s note.

Long Term - The City shall provide without cost to the Employee an income protection insurance program that shall insure an Employee’s income to a maximum of sixty-six and two thirds percent (66 2/3%) of monthly earnings with a ceiling of six thousand dollars ($6,000) in calculated base. Conditions of coverage shall be controlled by the master agreement with the insurance company.

D. EMPLOYEE ASSISTANCE PROGRAM
The City has an established Employee Assistance Program. This program provides confidential counseling help for employees and their families. The Employee Assistance program provides for up to 3 visits.

E. RETIREE HEALTH PLAN BENEFIT
Employees who become subject to this Plan, who retire from the City in good standing, who have at least ten years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment of up to $500 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
If the Employee so desires, his/her spouse may be added at the additional cost difference of the Employee plus one and the Employee pays the difference. If the Employee retiree selects a health plan that costs less than the City’s contribution, they will not be eligible to receive the cash difference. All premium contributions must be received one month in advance and it is the responsibility of the Employee retiree to ensure that the City receives payment.

Failure to pay the retiree’s contribution in a timely manner (i.e., within 30 days of due date) will result in the loss of the benefit.

Employees waiving health care coverage shall receive two hundred fifty dollars ($250) per month less the cost of any elected dental or vision insurance per month until eligible for Medicare or is hired and has healthcare coverage available from the new employment.

Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due Employees for waiving medical insurance coverage shall be paid in a lump sum per month.

Personal Leave
The purpose of Personal Leave is to provide Employees the ability to accrue time for vacation, sick leave and personal leave situations.

Employees shall accrue Personal Leave hours at a rate of no less than 256 hours and no more than 328 hours per year based on years of service as set forth below. One twenty-sixth (1/26) of such Personal Leave amount shall accrue each pay period.

No Employee may carry a balance of more than 520 hours of their Personal Leave. Employees who have accumulated 520 hours of Personal Leave will accrue no further Personal Leave until they have used Personal Leave in an amount sufficient to bring their accumulated Personal Leave balance below 520 hours. Employees may convert up to 160 hours of accrued Personal Leave to salary compensation once each year. Personal Leave conversion of a maximum of 160 hours to salary must be submitted by December 20th of each year. 100% of Personal Leave hours in excess of the maximum accrual amount may be converted to banked PERS service credit in accordance with CalPERS regulations.

Employees who become subject to this Plan after July 1, 2011, must convert all accumulated Vacation Leave, Sick Leave to “Personal Leave”. Those hours of Sick Leave or Vacation Leave combined in excess of 520 hours will be placed in a Sick Leave and Vacation Leave bank account to be utilized by the Employee, or paid out upon separation from service as set forth herein, or converted to banked PERS service credit in accordance with CalPERS regulations. Upon separation from service, the City shall pay employee a one-time lump sum calculated on Fifty (50%) Percent of the employee’s banked unused Sick Leave and one hundred (100%) percent of the employee’s banked Vacation Leave. (For example, if an employee is compensated for 450 hours of sick leave at 50% of the value, the uncompensated 225 hours would go to PERS service credit as allowed by PERS.)

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
Employees will accrue Personal Leave time at the following rates:
1 to 2 years of city service = 256 hours
2 plus years to 5 years = 272 hours (10.46 hours biweekly) 5 plus years to 10 years = 296 hours (11.38 hours biweekly) 10 plus years to 20 years = 316 hours (12.15 hours biweekly) 20 plus years = 328 hours (12.62 hours biweekly)
After 2 plus years of city service, credit for prior public service may be included for purposes of calculating annual time subject to the City Manager approval. Prior public service shall be similar in nature to the duties being performed by the Employee for City to be eligible for this benefit.

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

Holidays
Employees are entitled to 12 paid holidays as listed below.

Recognized Holidays shall include:

New Year’s Eve New Year’s Day
Presidents Day Veterans Day
Martin Luther King Day Thanksgiving Day
Memorial Day The Day After Thanksgiving
July 4th Christmas Eve
Labor Day Christmas Day
A paid holiday is equivalent to eight hours, for a total of 96 hours per year. Holiday hours are accrued outside of Personal Leave, must be used within the calendar year accrued. Unused holiday hours may not be carried over into any subsequent calendar year or "cashed out." Special Provisions
A. PUBLIC SAFETY ALLOWANCE

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
The Police Chief, and Fire Chief shall be provided a uniform and cleaning allowance. The amount of the benefit will be the same as established under Unit 6 for the Police Chief and under Unit 8 for the Fire Chief.

The Police Chief shall receive an annual stipend of $1,000 for attending community events.

B. VEHICLE ALLOWANCE
The Police Chief, and Fire Chief shall be provided a vehicle. Other Employees may be granted a car allowance subject to the City Manager’s approval and in accordance with City adopted policies. Employees will have access to City “Pool” vehicles for conducting City business or will be eligible for mileage reimbursement for personal vehicle use when conducting City business in accordance with City adopted policies.

C. TRAINING/MEMBERSHIPS
Employees shall be entitled to training, travel, workshops, and professional memberships, for the purpose of personal growth and enrichment subject to the annual amounts budgeted each year in the respective department for this purpose. City agrees to reimburse Employee for reasonable expenses for training, travel, workshops and professional memberships which have been authorized by the City Budget and approved in advance by the City Manager.

Employee must submit expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City.

D. PUBLIC EMPLOYEES RETIREMENT SYSTEM
All Employees will be members of the California Public Employees Retirement System as provided by the terms of the contracts between the City of Grass Valley and the California Public Employees Retirement System.

Salary Schedule
Position
Annual Salary
Min Mid Max
Fire Chief $ 152,149.54 $ 185,317.09 $ 228,883.20
Police Chief $ 159,478.26 $ 194,180.73 $ 228,883.20

Item # 4.

Page | 1
423061.4

AMENDED AND RESTATED EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF GRASS VALLEY

AND MARK BUTTRON
Fire Chief

RECITALS
WHEREAS, the City of Grass Valley (hereafter, the “City”) and Mark Buttron (hereafter, “Fire Chief” or “Employee”) entered into an employment agreement on December 18, 2018 for services as Fire Chief (the “2018 Agreement”); and WHEREAS, the 2018 Agreement was amended four times, on June 27, 2021, June 26, 2022, June 25, 2023, and October 8, 2024; and
WHEREAS, the parties desire to enter into an amended and restated agreement (hereafter, this “Agreement”); and
WHEREAS, this Agreements shall supersede the 2018 Agreement and all amendments to the 2018 Agreement.

Accordingly, the parties agree as follows:

1. Effective Date
This Agreement shall become effective when it has been executed by Mark Buttron and the City Manager has executed it.

2. Term of Employment
Fire Chief shall serve at the pleasure of the City Manager and on an “at will” basis during the term of this Agreement, subject to the terms and provisions of this Agreement as set forth below.

3. Duties; Hours of Work
A. Fire Chief shall perform those functions and duties as specified in the Grass Valley Municipal Code, the Fire Chief job classification, and by direction of the City Manager. Fire Chief shall perform such duties in accordance with the highest professional and ethical standards of the Fire Chief position. Fire Chief shall not engage in any activity that is, or which may become, incompatible with the City of Grass Valley, as provided by federal, state, and local law. During the term of this Agreement, Fire Chief shall be exclusively employed by the City, unless prior written authorization otherwise is received from the City Manager.

B. Fire Chief shall maintain a regular work schedule consistent with that approved for other Directors of the City. Fire Chief’s duties may involve expenditures in time in excess of eight (8) hours per day and/or forty (40) hours per week and may also include time outside normal office hours such as attendance at City Council and Commission meetings. The Fire

Item # 4.

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423061.4
Chief position is FLSA-exempt and Fire Chief shall not be entitled to overtime or any other additional compensation for this time.

4. Compensation
A. Fire Chief shall receive an annual base salary of $218,483.20 (“Base Salary Rate”), payable in equal bi-weekly payments to be made at the same time as other employees are paid.

B. Fire Chief’s compensation shall be reviewed with the City Manager at least annually in connection with the annual review or at any other times as may be determined by the City Manager. Compensation may be increased as determined by the City Manager within the salary range (Compensation and Benefits - Appendix 1) for the Fire Chief position.

C. Salary may be reduced in the event Fire Chief receives an unsatisfactory evaluation, either at the annual evaluation or at any additional evaluation completed by the City Manager. Compensation may be reduced as determined by the City Manager within the salary range (Compensation and Benefits - Appendix I) for the Fire Chief.

D. As consideration for the annual opportunity to be considered for increased compensation pursuant to paragraph 4.B above, Employee specifically waives any right to a 4/5 vote of the City Council prior to removal from his or her position, as may be provided under City Charter Article IX, Section 2. Employee acknowledges that the City Manager is the appointing authority and may remove Employee from the Fire Chief position without action of the City Council.

E. Educational Incentives.

If Employee receives the Chief Officer Certificate, the City will provide Employee with a two and one half percent (2.5%) increase over his Base Salary, as an educational incentive, the first pay period following the day Employee provides the POST Executive Certificate to the City.

F. Longevity
Employee shall receive longevity pay as follows:

Upon completion of ten (10) years of continuous service with City, Employee shall receive an additional two and one-half percent (2.5%) over their Base Salary.

5. Health Insurance
The City shall pay the full premium for health insurance for the Fire Chief, including his spouse and/or dependents, for health coverage (medical, dental, and vision) benefit options as provided to other employees.

Employee may elect not to receive health coverage from the City. Employees waiving medical insurance coverage shall receive two hundred fifty dollars ($250) per month less the costs of any elected dental or vision insurance per month. Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due

Item # 4.

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423061.4
Employees for waiving medical insurance coverage shall be paid in a lump sum once per month and shall be considered taxable compensation; however, such compensation is not PERSable.

6. Personal Leave
Fire Chief shall receive Personal Leave benefits equal to those of Department Heads, as set forth in the “Compensation and Benefits - Appendix 1”. Fire Chief may convert up to 160 hours of accrued Personal Leave to salary compensation once each Calendar Year pursuant to “Compensation and Benefits - Appendix 1,” upon City Manager’s prior approval, and consistent with Internal Revenue Service rules governing constructive receipt. Vacation and/or Annual Leave time cashed out pursuant to this provision shall be subtracted from the accumulated Vacation and/or Annual Leave balances when paid

7. Other Leaves and Benefits
City shall afford Employee such other benefits as are provided to other management employees of the City on the same terms as provided to those employees except as otherwise expressly provided herein.

8. Professional Memberships & Meetings; Other Expenses
City recognizes that certain expenses of a non-personal and job-related nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are authorized by the City budget, approved of in advance by the City Manager, and which are supported by expense receipts, statements, or personal affidavits, and audited in like manner as other demands against the City.

9. Retirement
Employees designated as local public safety (Police) “classic” employees by the City are currently provided retirement benefits under the Public Employee’s Retirement System’s Local Safety (Fire) 3% at age 50 formula with a 9% employee contribution. Employees are also provided retirement benefits under Social Security. “Classic” public safety (Police) designated employees will pay a pre-tax contribution for retirement for the employee share under CalPERS retirement plan of 9%. The employee shall pay the full amount of the employee’s contribution rate to Social Security.

Employees designated as local public safety (Fire) “classic” employees by the City are provided retirement benefits under the Public Employees Retirement System’s (PERS) Local Public Safety (Fire) 3% at 55 formula. Employees are also provided retirement benefits under Social Security.
“Classic” public safety (Fire) designated employees will pay a pre-tax contribution for retirement for the employee share under CalPERS retirement plan of 9%. The employee shall pay the full amount of the employee’s contribution rate to Social Security.

New public safety employees hired after January 1, 2013 or “Non Classic” public safety (Fire or Fire) designated employees, upon placement in a full-time employment status shall have

Item # 4.

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423061.4
the PERS 2.7% @ 57 formula, as provided by the terms of the contract in effect between the City and PERS. The employee contribution rate shall be 50 percent of the “normal cost” rounded to the nearest quarter of 1 percent, as determined by PERS.

Miscellaneous employees who are considered “classic” members by PERS will be responsible for paying the full employee contribution to the California Employees Retirement System, which is currently 8%. Miscellaneous employees who are considered “new” members by PERS will be responsible for paying 50 percent of the “normal cost” pursuant to the Pension Reform Act of 2013. The Employee shall pay the full amount of the Employee’s contribution rate to Social Security.

10. Deferred Compensation
The City will deposit to Fire Chief’s deferred compensation account via bi-weekly payroll a contribution of $5,000 annually.

In the event this agreement terminates or is not renewed, Fire Chief shall be entitled to retain only the amount of deferred compensation accumulated as of the date of termination or nonrenewal.

After such time as Fire Chief resigns or is terminated, City shall transfer ownership of any deferred amount on deposit in a deferred compensation plan to succeeding employers upon Fire Chief’s written request.

11. Annual Performance Evaluation
The City Manager and/or their designee shall evaluate Fire Chief’s performance at least once annually. The City Manager and Fire Chief shall annually develop mutually agreeable performance goals and criteria which the City Manager shall use in reviewing Fire Chief’s performance in the following year. It shall be Fire Chief’s responsibility to initiate this review each year.

12. Indemnification
City shall defend, hold harmless and indemnify Fire Chief against any claim, demand, judgment, or action of any type or kind arising within the course and scope of Fire Chief’s employment to the extent required by Government Code Sections 825 and 995.

Notwithstanding anything to the contrary in this section, pursuant to Government Code Section 53243.1, if the City provides funds for the legal criminal defense of Employee, any funds provided for that purpose shall be fully reimbursed by Employee to the City if Employee is convicted of a crime involving an abuse of office or position. Employee recognizes that City shall have the right to compromise and settle all actions or proceedings in which City is providing Employee a defense, even if Employee objects to such compromise or settlement.

13. Other Terms and Conditions of Employment
A. The City Manager and City Council may from time to time fix other terms and conditions of employment relating to the performance of Fire Chief, provided such terms and

Item # 4.

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423061.4
conditions are not inconsistent with or in conflict with the provision of this Agreement, the Grass Valley Charter or Municipal Code, or other applicable law.

B. The provisions of the City’s Civil Service Rules and Regulations (“Rules”) shall apply to Fire Chief to the extent they explicitly apply to the position of Fire Chief, except that if the specific provisions of this Agreement conflict with the Rules, the terms of this Agreement shall prevail. Without limiting the generality of the exception noted in the previous sentence, however, no provision of the Rules or this Agreement shall confer upon Fire Chief a property right in his or her employment. Fire Chief is not a member of the competitive/ classified service and is an “at will” employee serving at the pleasure of the City Manager and may be dismissed at any time, subject only to the provisions of this Agreement and California Government Code section 3304, subd. (c). The provisions of Article IX, Section 2, requiring a 4/5 vote of the City Council to remove a Department Head do not apply to this Agreement and are specifically waived by Employee as provided in Section 4(D) of this Agreement. Notwithstanding any other provision of this Agreement, Fire Chief shall not violate any policy prohibiting discrimination, harassment, retaliation, workplace violence, or other similar misconduct as set forth in the Rules and in federal, state law, and local law.

C. Fire Chief shall be exempt from paid overtime compensation.

14. Termination
A. Fire Chief is not part of the competitive (classified) service and therefore is an “at will” employee.

B. If Fire Chief is terminated by the City Manager without cause, or for the purpose of implementing the goals or policies, or both, of the City or City Manager, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, Fire Chief after termination will be entitled to up to six months of severance pay at Fire Chief’s Base Salary Rate plus payment in a lump sum of the following:
1) 100% of any accrued, but unused Personal Leave and vacation leave, if any; and 2) 50% of the value of unused sick leave, if applicable, to the extent not used for PERS Service Credit, if any. Fire Chief shall be entitled to severance pay under this subsection only upon execution of a claim waiver, release of liability, and waiver of his right to notice and appeal as set forth in Section 14.C. below and under California Government Code section 3254, subd. (c). Severance pay, if any, shall be paid monthly until Employee is gainfully employed or the 6-month limit has been reached, whichever is less. Employee shall provide notification of gainful employment to City immediately upon commencing such employment if such employment commences within six months of Employee’s termination from City.

Notwithstanding anything to the contrary in this subsection, pursuant to Government Code Section 53243.2, if the Agreement is terminated, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to City if Employee is convicted of a crime involving an abuse of his or her office or position.

C. If Fire Chief is terminated by the City Manager for cause, Fire Chief is not entitled to any severance pay whether or not advance notice of termination is provided; however, payment for accrued, unused Personal Leave, sick leave and/or vacation leave, if applicable,

Item # 4.

Page | 6
423061.4
shall be paid as provided in sub-paragraph B above. In accordance with California Government Code section 3254, subd. (c), the City Manager may terminate this Agreement through written notice of the cause of termination and an opportunity for administrative appeal. For purposes of this Agreement, the term “for cause” shall include, but is not limited to, any of the following:
(a) use of alcohol or drugs that impedes performance of duties; (b) conviction of a felony or misdemeanor involving moral turpitude (a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed a conviction for this purpose);
(c) a proven claim of either sexual harassment or abuse of employees in violation of law or adopted City policy;
(d) failure to maintain licenses and professional certifications required of the Fire Chief by the job description;
(e) willful and repeated failure to carry out the lawful directives or policy decisions of the City Manager or City Council; or
(f) willful abandonment of the position or continued and unexcused absence from duty.

D. Fire Chief may voluntarily terminate his employment, by resignation or retirement or some other similar manner, upon at least one-month notice, or a lesser amount of time agreedto in writing by the City Manager. In this circumstance, City shall have no further obligation to provide payments and benefits, including Fire Chief severance pay, upon the effective date of termination of employment, other than payment of accrued Personal Leave or other payments required by law.

E. In the event an Employee dies while employed by the City, his/her beneficiary or those entitled to his/her estate shall be paid for any earned salary and any in lieu payments for personal leave and any banked vacation or sick leave at the rates established in this Agreement to which the Employee is entitled as of the final day on City payroll. City may request appropriate documentation to ensure such persons are beneficiaries or otherwise entitled to participate in Employee’s estate.

15. Compliance With Law
This Agreement is subject to all applicable provisions of federal, state, and local laws, including the Grass Valley Municipal Code, except for the application of specific provisions of the City Charter which are waived as set forth herein.

16. General Provisions
A. This Agreement constitutes the entire agreement between the parties. City and Fire Chief hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement.

B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the reminder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.

Item # 4.

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423061.4
C. Any notice to City pursuant to this Agreement shall be given in writing, either by personal service or by registered or certified mail, postage prepaid, addressed as follows:

Tim Kiser, City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
With courtesy copy to:

David J. Ruderman, City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Any notice to Fire Chief shall be given in a like manner, and, if mailed, shall be addressed to Fire Chief at the address shown in City’s personnel records. For the purpose of determining compliance with any time limit stated in this Agreement, a notice shall be deemed to have duly given (a) on the date of delivery, if served personally, or (b) on the second (2nd) calendar day after mailing, if mailed.

D. Venue for any disputes arising from or relating to this Agreement shall lie in the Superior Court for the County of Nevada, California. If an action at law or in equity is necessary to enforce or interpret this Agreement, the prevailing party in that action shall be entitled to reasonable and actual attorneys’ fees and costs with respect to the prosecution or defense of the action.

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

17. Amendments
This represents the entire agreement between the parties. Amendments to this agreement may be made at such times as approved by the City Manager and Fire Chief and shall be in writing.

Item # 4.

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423061.4
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

Dated:

Tim Kiser, City Manager
“CITY”
Dated:

Mark Buttron, Fire Chief
“EMPLOYEE
Approved as to form:

Dated:

David J. Ruderman, City Attorney

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
Life Insurance and Long-Term Disability, EAP, Retiree Health Plan, other Benefits, and Special Provisions
A. EMPLOYEE CONTRIBUTIONS
Employee contributions towards health benefits are on a pre-tax basis and subject to IRS rules.

B. LIFE INSURANCE
The City shall provide term Life insurance benefits for the Employee, without cost to the Employee, of 1.5 times their annual salary up to two hundred thousand dollars ($200,000) for the Employee, five thousand dollars ($5,000) for the Employee’s spouse and fifteen hundred dollars ($1,500) for eligible dependent children without cost to the employee.

C. SHORT TERM/LONG TERM DISABILITY INSURANCE
Short Term – There is no short-term disability coverage however employee may elect to pay into State Disability Insurance (SDI) at no cost to the City, or they may use any leave bank to cover short term disability exceeding 10 workdays and with a doctor’s note.

Long Term - The City shall provide without cost to the Employee an income protection insurance program that shall insure an Employee’s income to a maximum of sixty-six and two thirds percent (66 2/3%) of monthly earnings with a ceiling of six thousand dollars ($6,000) in calculated base. Conditions of coverage shall be controlled by the master agreement with the insurance company.

D. EMPLOYEE ASSISTANCE PROGRAM
The City has an established Employee Assistance Program. This program provides confidential counseling help for employees and their families. The Employee Assistance program provides for up to 3 visits.

E. RETIREE HEALTH PLAN BENEFIT
Employees who become subject to this Plan, who retire from the City in good standing, who have at least ten years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment of up to $500 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
If the Employee so desires, his/her spouse may be added at the additional cost difference of the Employee plus one and the Employee pays the difference. If the Employee retiree selects a health plan that costs less than the City’s contribution, they will not be eligible to receive the cash difference. All premium contributions must be received one month in advance and it is the responsibility of the Employee retiree to ensure that the City receives payment.

Failure to pay the retiree’s contribution in a timely manner (i.e., within 30 days of due date) will result in the loss of the benefit.

Employees waiving health care coverage shall receive two hundred fifty dollars ($250) per month less the cost of any elected dental or vision insurance per month until eligible for Medicare or is hired and has healthcare coverage available from the new employment.

Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due Employees for waiving medical insurance coverage shall be paid in a lump sum per month.

Personal Leave
The purpose of Personal Leave is to provide Employees the ability to accrue time for vacation, sick leave and personal leave situations.

Employees shall accrue Personal Leave hours at a rate of no less than 256 hours and no more than 328 hours per year based on years of service as set forth below. One twenty-sixth (1/26) of such Personal Leave amount shall accrue each pay period.

No Employee may carry a balance of more than 520 hours of their Personal Leave. Employees who have accumulated 520 hours of Personal Leave will accrue no further Personal Leave until they have used Personal Leave in an amount sufficient to bring their accumulated Personal Leave balance below 520 hours. Employees may convert up to 160 hours of accrued Personal Leave to salary compensation once each year. Personal Leave conversion of a maximum of 160 hours to salary must be submitted by December 20th of each year. 100% of Personal Leave hours in excess of the maximum accrual amount may be converted to banked PERS service credit in accordance with CalPERS regulations.

Employees who become subject to this Plan after July 1, 2011, must convert all accumulated Vacation Leave, Sick Leave to “Personal Leave”. Those hours of Sick Leave or Vacation Leave combined in excess of 520 hours will be placed in a Sick Leave and Vacation Leave bank account to be utilized by the Employee, or paid out upon separation from service as set forth herein, or converted to banked PERS service credit in accordance with CalPERS regulations. Upon separation from service, the City shall pay employee a one-time lump sum calculated on Fifty (50%) Percent of the employee’s banked unused Sick Leave and one hundred (100%) percent of the employee’s banked Vacation Leave. (For example, if an employee is compensated for 450 hours of sick leave at 50% of the value, the uncompensated 225 hours would go to PERS service credit as allowed by PERS.)

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
Employees will accrue Personal Leave time at the following rates:
1 to 2 years of city service = 256 hours
2 plus years to 5 years = 272 hours (10.46 hours biweekly) 5 plus years to 10 years = 296 hours (11.38 hours biweekly) 10 plus years to 20 years = 316 hours (12.15 hours biweekly) 20 plus years = 328 hours (12.62 hours biweekly)
After 2 plus years of city service, credit for prior public service may be included for purposes of calculating annual time subject to the City Manager approval. Prior public service shall be similar in nature to the duties being performed by the Employee for City to be eligible for this benefit.

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

Holidays
Employees are entitled to 12 paid holidays as listed below.

Recognized Holidays shall include:

New Year’s Eve New Year’s Day
Presidents Day Veterans Day
Martin Luther King Day Thanksgiving Day
Memorial Day The Day After Thanksgiving
July 4th Christmas Eve
Labor Day Christmas Day
A paid holiday is equivalent to eight hours, for a total of 96 hours per year. Holiday hours are accrued outside of Personal Leave, must be used within the calendar year accrued. Unused holiday hours may not be carried over into any subsequent calendar year or "cashed out." Special Provisions
A. PUBLIC SAFETY ALLOWANCE

Item # 4.

Appendix 1 - Compensation and Benefits
Updated: October 22, 2024
423066.1
The Police Chief, and Fire Chief shall be provided a uniform and cleaning allowance. The amount of the benefit will be the same as established under Unit 6 for the Police Chief and under Unit 8 for the Fire Chief.

The Police Chief shall receive an annual stipend of $1,000 for attending community events.

B. VEHICLE ALLOWANCE
The Police Chief, and Fire Chief shall be provided a vehicle. Other Employees may be granted a car allowance subject to the City Manager’s approval and in accordance with City adopted policies. Employees will have access to City “Pool” vehicles for conducting City business or will be eligible for mileage reimbursement for personal vehicle use when conducting City business in accordance with City adopted policies.

C. TRAINING/MEMBERSHIPS
Employees shall be entitled to training, travel, workshops, and professional memberships, for the purpose of personal growth and enrichment subject to the annual amounts budgeted each year in the respective department for this purpose. City agrees to reimburse Employee for reasonable expenses for training, travel, workshops and professional memberships which have been authorized by the City Budget and approved in advance by the City Manager.

Employee must submit expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City.

D. PUBLIC EMPLOYEES RETIREMENT SYSTEM
All Employees will be members of the California Public Employees Retirement System as provided by the terms of the contracts between the City of Grass Valley and the California Public Employees Retirement System.

Salary Schedule
Position
Annual Salary
Min Mid Max
Fire Chief $ 152,149.54 $ 185,317.09 $ 228,883.20
Police Chief $ 159,478.26 $ 194,180.73 $ 228,883.20

Item # 4.

FIRST AMENDED EMPLOYMENT AGREEMENT BETWEEN

CITY OF GRASS VALLEY AND TAYLOR WHITTINGSLOW
This Fourth Amended Employment Agreement (“Agreement”) is effective as of the 28th day of October 2025 by and between the City of Grass Valley (“City”) and Taylor Whittingslow (“Deputy City Manager I/II” or “Employee”) (collectively, the “Parties”).

RECITALS
WHEREAS, the City and Employee entered into an Employment Agreement (the “Original Agreement”) for their service in the position of Deputy City Manager I/II effective 4/20/2025; and WHEREAS, the City Council desires to provide the Employee with Deferred Compensation benefits in recognition of exemplary service to the City, and provide benefits to retain long-serving employees by increasing the deferred compensation amount from $4,000 maximum to $5,000 yearly; and
WHEREAS, parties may modify the Agreement upon mutual written agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein the adequacy of which is hereby acknowledged by the PARTIES to be sufficient, the PARTIES agree as follows:

TERMS AND CONDITIONS

1. Remove Item 10. of the Employment Agreement Between the City of Grass Valley and Taylor Whittingslow and replace with the following:

10. Deferred Compensation
City will deposit to the Deputy City Manager I/II’s deferred compensation account via biweekly payroll a performance bonus contribution of up to $5,000 annually.

In the event this agreement terminates or is not renewed, Deputy City Manager I/II shall be entitled to retain the amount of deferred compensation accumulated as of the date of termination or non-renewal.

After such time as Deputy City Manager I/II resigns or is terminated, City shall transfer ownership of any deferred amount on deposit in a deferred compensation plan to succeeding employers upon Deputy City Manager I/II’s written request.

Item # 4.

2. All other terms, conditions, and provisions of the Original Agreement, First Amendment, Second Amendment, and Third Amendment to the extent not modified by this Agreement, shall remain in full force and effect.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY
City of Grass Valley
By:_________________________
Tim Kiser
City Manager
Date:_ ______________________

EMPLOYEE
By:_________________________
Taylor Whittingslow
Date:_ _______________________
Approved as to form:

By:_________________________
David Ruderman,
City Attorney
Date:_______________

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Professional Services Agreement with NBS for Water Rate Evaluation Study CEQA: Not a Project
Recommendation: That the City Council 1) approve a Professional Services Agreement with NBS to conduct a comprehensive evaluation of the City’s existing Water User Rates, including an updated financial plan, cost-of-service analysis, and rate structure alternatives, in order to address current revenue shortfalls and ensure the long-term fiscal health of the Water Enterprise Fund; 2) authorize the City Manager execute the agreement with NBS up to $56,000, subject to legal review; (3) authorize the City Manager to approve change orders up to 10%; and (4) direct the Finance Director to make appropriate budget adjustments and/or transfers..

Prepared by: Timothy Kiser, City Manager
Council Meeting Date: November 25, 2025 Date Prepared: November 18, 2025 Agenda: Consent
Background Information: The City’s water user rates were last comprehensively updated in FY 2023/24 through a Proposition 218 process. While the adopted rate structure was designed to support ongoing operations, maintenance, and capital investment needs, updated financial conditions indicate that current revenues are insufficient to sustain the Water Enterprise Fund. Specifically, existing rates are not adequately covering rising operating costs, meeting reserve targets, or funding water system capital projects necessary for regulatory compliance, system reliability, and long-term infrastructure sustainability.

Since adoption of the prior rate study, a number of factors—individually or in combination—have contributed to revenue shortfalls or higher-than-anticipated expenditures, including:
• Significant increases in operational and maintenance costs • Higher-than-projected inflationary impacts
• Escalating costs for construction, materials, and regulatory compliance • Reduced water consumption resulting in lower variable revenue • Accelerated need for water system capital improvements and replacements As a result, the Water Enterprise Fund is projected to experience ongoing structural deficits and declining reserves if corrective action is not taken.

To ensure the City maintains a financially stable, regulatory-compliant, and servicecapable water utility, staff recommends engaging NBS to prepare a new comprehensive Water Rate Evaluation Study.

Item # 5.

NBS previously completed the City’s water and wastewater rate study adopted in FY 2023/24. Their familiarity with the City’s water system, customer base, financial structure, and capital program positions them to efficiently update the analysis and evaluate the need for revised rates.

The proposed 2025 Water Rate Evaluation Study will update key financial components, including:
• Operating revenues and expenditures
• Reserve fund targets and balances
• Capital improvement program funding needs
• Revenue requirements necessary to maintain debt coverage and financial stability
• Impacts of reduced water consumption
• Cost-of-service allocations
• Rate structure alternatives that enhance revenue stability The work plan is organized in two phases, with Phase 2 proceeding only if Phase 1 confirms that rate adjustments are warranted.

Council Goals/Objectives: This action supports Strategic Plan Goal: Water & Wastewater Systems & Underground Infrastructure, by ensuring the City can continue to maintain and invest in critical water infrastructure and meet regulatory obligations.

Fiscal Impact: The cost of the professional services agreement will be paid from the Water Enterprise Fund. The study is expected to identify long-term revenue solutions to stabilize the Water Fund, ensure adequate reserves, and support future capital project funding needs.

Funds Available: Yes Account #: Water Fund
Reviewed by: __ City Manager
Attachments:

1. Professional Services Agreement – NBS

2. NBS Scope of Work

3. Prior Water Rate Study (2023) – Reference Only

Item # 5.

Professional Services Agreement – Design Professionals

Approved for use 1/22/2025
165759.6

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Grass Valley / NBS)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Grass Valley, a California municipal corporation (“City”), and NBS, an Independent Consulting Firm (“Consultant”).

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant:

Water Rate Review and Rate Study

2.2. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees.

Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1. “Scope of Services”: Such professional services as are set forth in Consultant’s October 22, 2025 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.

3.2. “Agreement Administrator”: The Agreement Administrator for this project is Tim Kiser. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant

3.3. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

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3.4. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Fifty-Five Thousand Six Hundred and Seventy-Five Dollars ($55,675.00).

3.5. “Commencement Date”: 12/01/2025

3.6. “Termination Date”: 12/31/2026

4. CAMPAIGN CONTRIBUTIONS
This Agreement is subject to Government Code section 84308. Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date or such other date required by that statute, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form to City before, or concurrently with, Consultant’s execution of this Agreement and no later than the Commencement Date.

5. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 17 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

6. CONSULTANT’S DUTIES

6.1. Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

6.2. Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.

6.3. Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.

6.4. Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.

6.5. Professional Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep

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itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict-of-interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).

6.6. Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a conflict interfering with performance under this Agreement.

However, City may consent in writing to Consultant’s performance of such work.

6.7. Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Sara Mares shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.

6.8. Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.

6.9. Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

6.10. Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.

6.11. Records. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

Item # 5.

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7. SUBCONTRACTING

7.1. General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

7.2. Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.

7.3. Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.

8. COMPENSATION

8.1. General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services. Compensation shall not exceed the Maximum Amount.

Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.

8.2. Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.

8.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

8.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

8.5. Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.

8.6. City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.

Item # 5.

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8.7. Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 12, City shall have the right to withhold payments under this Agreement to offset that amount.

9. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

10. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law.

Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

11. RELATIONSHIP OF PARTIES

11.1. General. Consultant is, and shall be a wholly independent contractor as to the City under this Agreement.

11.2. No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

11.3. Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

11.4. Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on

Item # 5.

Professional Services Agreement – Design Professionals

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behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

12. INDEMNIFICATION

12.1. Definitions. For purposes of this Section, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.

12.2. Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

12.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.

12.4. Attorneys Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

12.5. Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.

12.6. Waiver of Statutory Immunity. The obligations of Consultant under this Section are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.

12.7. Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every

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subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf.

12.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

13. INSURANCE

13.1. Insurance Required. Consultant shall maintain insurance as described in this Section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.

13.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
 Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: Water Rate Review and Rate Study
 Documentation of Best’s rating acceptable to the City.  Original endorsements effecting coverage for all policies required by this Agreement.  Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.

13.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
 Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
 General Liability:
 General Aggregate: $2,000,000
 Products Comp/Op Aggregate $2,000,000
 Personal & Advertising Injury $1,000,000
 Each Occurrence $1,000,000
 Fire Damage (any one fire) $ 50,000
 Medical Expense (any 1 person) $ 5,000
 Workers' Compensation:
 Workers' Compensation Statutory Limits
 EL Each Accident $1,000,000
 EL Disease - Policy Limit $1,000,000

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 EL Disease - Each Employee $1,000,000
 Automobile Liability
 Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured

13.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.

13.5. Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

13.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.

13.7. Professional Liability Insurance or Errors & Omissions Coverage. The deductible or selfinsured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.

13.8. Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims-Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

13.9. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of the City of Grass Valley must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s

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work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.

13.10. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this Section, shall constitute a material breach of this Agreement.

13.11. Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Grass Valley, Attn: Tim Kiser, 125 E. Main Street, Grass Valley, CA 95945.

13.12. Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

13.13. Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City.

Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.

13.14. Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant's insurer in connection with the services under this Agreement.

13.15. Premium Payments and Deductibles. Consultant must disclose all deductibles and selfinsured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement.

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City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.

13.16. Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.

14. MUTUAL COOPERATION

14.1. City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

14.2. Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City
Tim Kiser
City of Grass Valley
125 E. Main Street
Grass Valley, CA 95945
Telephone: (530) 274-4312
If to Consultant
Sara Mares
NBS
870 Market Street, Suite 1223
San Francisco, CA 94102
Telephone: (800) 676-1516
With courtesy copy to:

David J. Ruderman
Grass Valley City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Telephone: (530) 432-78357
Facsimile: (530) 432-7356

16. SURVIVING COVENANTS

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The parties agree that the covenants contained in paragraph 6.11 (Records), paragraph 11.4 (Indemnification of CalPERS Determination), Section 12 (Indemnity), paragraph 13.8 (Claims-Made Policies), paragraph 14.2 (Consultant Cooperation in Defense of Claims), and paragraph 19.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.

17. TERMINATION

17.1. City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2. Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement upon 30 days’ notice.

17.3. Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.

17.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.

18. INTERPRETATION OF AGREEMENT

18.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein.

No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.

18.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.

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18.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.

19. GENERAL PROVISIONS

19.1. Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.

19.2. Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

19.3. Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

19.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.

19.5. No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended thirdparty beneficiary of any right or obligation assumed by the parties.

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19.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement.

19.7. Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

19.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.

19.9. Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

19.10. Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.

19.11. Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants’ and attorneys’ fees expended in the action.

19.12. Venue. The venue for any litigation shall be Nevada County, California and Consultant hereby consents to jurisdiction in Nevada County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

19.13. Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original

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signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
[Signature Page Follows]

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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Grass Valley
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
NBS
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Taylor Day, Deputy City Manager/City Clerk
Date:________________________
Approved as to form:

By:__________________________________
David J. Ruderman, City Attorney
Date:________________________

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165759.6

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months after the City makes a final decision . This prohibition commences when your application has been filed, or the proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 months after the City makes a final decision. No agent to a party or participant shall make a contribution in any amount to a councilmember of commissioner during the
proceeding and for 12 months after the City makes a final decision.

3. Before the City makes a decision as to a City
proceeding, any councilmember or commissioner who
received contributions ofmore than $500 in the preceding 12 months from any party to a proceeding, or agent, shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returnsthe contribution within 30 days of: (a) making the decision, or (b) knowing about the contribution and the relevant proceeding, whichever comes last, that
councilmember or commissioner may participate in the
proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding including by submitting written or oral comment at a commission or council meeting.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.

When a closely held corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determine whether you or your agent made a campaign
contribution of more than $500 to a councilmember or
commissioner in the past 12 months, all contributions
by you or your agent in that period must be aggregated.

Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution(s):

Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember(s) or commissioner(s) to whom contribution(s) was(were) made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
To be completed by City:

Document No: ______________________________

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helping communities fund tomorrow
870 Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800.434.8349
www.nbsgov.com
October 22, 2025
Tim Kizer
City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
RE: Proposal for Water Rate Review and Rate Study
Dear Tim:

Thank you for the opportunity to address the City’s needs for a Water Rate Review and Rate Study. I have provided the scopes and fees for both projects, recognizing that the Water Rate Study will only progress if warranted based on the results of the Water Rate Review.

Please feel free to reach out to me at any time with questions about our proposal or to move forward with a professional services agreement. I can be reached at 800.434.8349 or via email at [email protected].

We would genuinely like to work on this project and help the City move forward successfully.

Sincerely,
Sara Mares
Chief Operating Officer

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SCOPE OF SERVICES
The following describes the proposed Work Plan for completion of this Scope of Services, noting that Phase 2 will only move forward if warranted based on the results of Phase 1:

Phase 1: Water Rate Review
TASK 1. REVIEW FINANCIAL PLAN
NBS will review the detailed financial plan for the water utility from the prior rate study, including revenue, expenditures, reserves, debt coverage ratios, capital improvement costs, repair and replacement costs and net revenue requirements. The prior rate study financial plan will be compared to the current financial plan that reflects updated costs and fund balances to determine potential discrepancies.

TASK 2. ANALYZE CURRENT CUSTOMER DATA
NBS will review the current customer data including quantity within each customer class as well as consumption and revenue generated to compare with the data used in the prior rate study.

TASK 3. FINDINGS MEMORANDUM AND PRESENTATION
NBS will summarize the findings of the above analysis in a memorandum and will present the results to City staff via virtual meeting. In person meeting attendance is available for an additional fee.

Phase 2: Water Rate Study
NBS will work cooperatively with City staff, management, and the City Council to develop a financial plan and rate recommendations that are well suited to the City’s needs, are practical and implementable, and can be confidently defended from both a technical and legal perspective.

The scope of services NBS offers for completing the study is presented in this section. We will also be prepared to make adjustments during the course of the study to reflect the direction of City staff and stakeholders as the study progresses. NBS will provide the leadership necessary to guide you through the various options, key concerns, and explaining the issues involved. These tasks serve as the basis for the proposed budget for this study.

TASK 1. KICKOFF MEETING AND DATA COLLECTION
NBS will hold a kick-off meeting with City staff at the beginning of the study. The kick-off meeting will be used to review and discuss the data from the billing/accounting system and data requirements in general and review study objectives, tasks, and schedule. A preliminary plan for public presentations will be discussed with the City during this meeting. The data the City will need to provide includes customer account information, such as:
• Customer billing information that includes: meter sizes, customer class and monthly water consumption for each customer (Excel file preferred).
• Financial data typically reported in financial statements. • Capital Improvement and/or Master Plans (CIP projects by name, cost, and timing).

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TASK 2. FINANCIAL PLAN
NBS will prepare a detailed financial plan for the water utility that includes revenue, expenditures, reserves, debt coverage ratios, capital improvement costs, repair and replacement costs and net revenue requirements. Task deliverables will include:
• Financial projection model that will serve as a financial “roadmap” for the water utility. • Summary of current and projected net revenue requirements. • Update reserve fund policies and targets potentially including reserves for operations, rate stabilization, repair and replacement, debt service and capital projects. • Projected year-end reserve fund levels.
• Calculated debt service coverage ratios.
• Three alternatives (i.e., annual rate increases) that meet projected net revenue requirements. • Funding sources (cash vs. debt) for capital improvements.

This financial plan will lay the groundwork for the cost-of-service and rate design analyses addressed in Tasks 3 and 4. The following are subtasks to the Financial Plan:

2.1 Projected Revenues and Expenditures – Using a cash-basis reflecting the City’s system of accounts, NBS will prepare a projection of revenues, expenses, and increases in rate revenue needed to meet all obligations. This will provide the City with a financial planning tool to plan for rate adjustments to address operating and maintenance costs, infrastructure improvements, asset replacement and maintaining appropriate reserve fund levels. The City’s projected customer growth rates from master plan documents and planned cost inflation factors will be incorporated in this analysis.

2.2 Evaluate Reserve Fund Sufficiency – NBS will evaluate the sufficiency of existing reserve funds, target reserves, reserve fund policies, and related issues such as meeting debt service coverage ratios and other rate covenants. We will provide recommendations for reserve fund targets that are tailored to the City’s specific needs such as operating, capital rehabilitation/replacement, rate stabilization and catastrophes, etc. We will develop a phased-in approach to funding reserves to minimize the impact on ratepayers.

2.3 Review Capital Improvement Program Funding – NBS will incorporate City plans for new facilities, infrastructure improvements, and asset replacement plans into the financial plan. We will evaluate the timing, costs, and available reserves used to fund various projects. We will work with City staff to develop a well-conceived approach to funding these capital needs, which may include an appropriate balance between debt-funded and cash-funded projects. The recommended solution will provide an appropriate balance between funding from rates, system development fees and, if necessary, the use of outside financing. Up to three levels of capital improvement program funding will be developed in the study for comparison purposes.

TASK 3. COST OF SERVICE ANALYSIS
Using the net revenue requirements developed in Task 2, NBS will equitably allocate costs to individual customer classes based on cost-of-service principles that comply with Prop 218. NBS will review and incorporate the historical consumption characteristics by customer class, and determine how to best project future water consumption.

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NBS will evaluate cost allocations of various cost components to each customer class. The main components of the water cost-of-service analysis are as follows:

Evaluate Trends in Water Consumption – NBS hasseen changes in consumption patterns over time in many agencies. These impacts should be considered when projecting water sales going forward. Although consumption patterns will have the greatest impact on proposed volumetric charges, total water sales and consumption considered in wastewater volumetric charges will also impact the financial plan projections of rate revenue. We will review these changes and, more importantly, how consumption should be projected going forward as proposed water rates are developed.

Analysis of Consumption Patterns – NBS will evaluate the number of customers at various levels of consumption and the total water use by customer class. The City’s most recent water consumption data will be used for this analysis. This type of data analysis ensures an accurate projection of the revenue that will be collected within each customer class and ensures that revenue is recovered accurately from each customer class.

Functionalization/Classification of Expenses – This task arranges water expenses into basic categories, such as commodity (source of supply), capacity (treatment, transmission, and distribution), and customer (administrative and overhead) costs.

Allocation of Costs to Customer Classes – These costs are then allocated to individual customer classes based on allocation factors specific to each cost classification. For example, commodity/variable costs are allocated based on percentages of total annual consumption; capacity-related costs are allocated based on the percentage of peak demand; and customer-related costs are allocated based on the number of accounts. This process produces the fixed and variable revenue requirements for each customer class, which is the basis for the actual rate calculations.

TASK 4. RATE DESIGN ANALYSIS
NBS will work with City staff to review the current rate structure and evaluate whether there are alternatives that better meet the City’s broader rate design goals and objectives. NBS will provide up to three water rate structure alternatives for the City’s consideration, which will include the City’s existing rate structures and two alternatives. An evaluation of the pros and cons of each rate structure alternative will be included in this analysis. The following are subtasks to the Rate Design Analysis:

4.1 Develop Rate Design Recommendations – Water rates will be developed based on the cost-of-service analyses, and we will include a discussion of the relative pros and cons of the current rate structure and the new alternatives. Evaluating the City’s desired rate complexity and resulting customer bills will be essential components of this process.

4.2 Criteria for Improving the Rate Design – When evaluating rate design, revenue sufficiency and financial resiliency are critical considerations. NBS’ general approach is to avoid significant under-collection of rate revenue, which is the worst-case scenario from a financial perspective. Other criteria for evaluating rate structures include:
• Ease of understanding the rate structure by customers • How costs allocated to fixed and volumetric rates affect revenue stability

Item # 5.

• How water conservation is reflected in the analysis
• How summer peaking patterns are reflected in water rate design • How meter sizes are used in calculating fixed charges • The amount of revenue that should be collected within each tier • Impacts on customer monthly bills
• How treatment plant costs are allocated to customers
• Differences, if any, in collection system and general overhead and administrative costs and how they are allocated to various customers
• Changes due to drought, conservation efforts, and Covid-19 over the last several years that may affect rates on a going-forward basis
• The amount of revenue collected from fixed and variable charges (which can significantly impact customer bills)
The rate structure alternatives selected will ultimately provide the basis for comparing monthly customer bills under both the current and new rate structures. However, all rate structures will be “revenue neutral” because they will all collect the same amount of revenue, both in total and within each customer class.

4.3 Calculate Fixed and Volumetric Charges – Ideally, fixed charges should be used to cover fixed costs; however, due to the emphasis on using pricing signals to encourage conservation, this is rarely the case. As a result, many agencies have struggled with revenue stability during times of uncertain demands. Fixed charges will reflect the number of accounts, equivalent meters, and size of meters. In contrast, volumetric rates should cover variable costs and should be allocated in proportion to consumption. Determining the best combination of fixed and variable charges is also influenced by other factors, such as revenue stability, conservation, ease of understanding, and ease of administration. NBS will strive for an appropriate balance between fixed and variable charges.

TASK 5. DROUGHT RATE ANALYSIS
NBS will develop drought rates that will provide the City with the flexibility to respond to future drought conditions, should water conservation requirements increase in the future.

This task will develop a drought rate structure to ensure that during drought conditions the City can successfully accommodate reductions in water sales from a financial perspective. NBS will work with City staff to develop rate structures that consider and reflect specific conservation issues (supply costs, changes in the costs of energy, chemicals, etc.). Ideally, drought rates would coincide with an existing water shortage contingency or drought plan of the City that identifies conservation measures at various stages of drought.

TASK 6. REGIONAL BILL COMPARISON
NBS will compare current and proposed water rates to five neighboring communities to see how the City’s rates compare to other nearby water Agencies. The results of this comparison will be presented in the rate study report and in public presentations. The comparisons will provide City staff and City Council with a basis to compare the cost of delivering water service to customers in the region.

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TASK 7. PREPARE RATE STUDY REPORT
NBS will prepare a draft study report that include proposed rates for the next five to ten years, depending on the City’s preference for the timeframe. An executive summary and introduction will present the purpose of the report and results of the study. Tables, graphs, and charts will be used as appropriate, but the emphasis will be on providing a clear, concise and understandable report that will provide the City with a thorough administrative record. Key assumptions, methodologies, and factors affecting the development of proposed rates will be highlighted with charts and graphs when helpful. However, more technical aspects of the study, particularly the tables documenting the calculations and sources of data, will be separately provided in technical appendices.

NBS will provide an electronic file in Microsoft Word format of the draft report for the City’s review and comment. Once we have received the City’s comments1, we will incorporate those comments into a final report.

TASK 8. MEETINGS AND PRESENTATIONS
NBS plans to provide support to the City in public meetings to support the new rate adoption process. We will also plan to meet with City staff to review study results and recommendations throughout the project.

The following meetings and presentations are anticipated for this study:

8.1 Meetings with City Staff – NBS proposes to hold progress meetings with City staff via conference call or web meeting format. These meetings will be used to review initial work products and gain input from Staff on the direction of the study. Prior to the public meetings, we also expect to have regular phone conversations with City staff to discuss how the study is proceeding, solicit input from Staff, and to review and discuss the study’s initial results and work products. In addition, NBS will work with City Staff to discuss and understand talking points while continuously providing guidance on how to manage questions for community members to ensure a clear and transparent message.

8.2 Other Public Workshops/Presentations – NBS rate study staff will provide up to three (3) public workshops2including with a City Committee and City Council. The rate team will prepare a PowerPoint presentation for these meetings, which will include visual aids, graphics, charts and additional worksheets or handouts. In these presentations, NBS will present study results, recommendations, receive input and guidance on the direction of the study and answer questions. Our team will work with City Staff to create an agenda and develop presentations that allow for clear and insightful presentations.

TASK 9. NOTICE OF PUBLIC HEARING MAILING
NBS will create a mailing list using the most recent County Assessor secured roll data available, combining that with the City’s customer database. Duplicates will be removed to create a comprehensive mailing list.

NBS will also draft the Notice to property owners subject to the proposed Fee. Final form of the Notice will be reviewed and approved by legal counsel and City staff. 1 We assume City staff’s comments will be in an electronic Microsoft Word file using track-changes mode. 2 The number of meetings/presentations that NBS provides can be adjusted as necessary by City staff. We plan to discuss the number of meetings and plans for presentation at the kick-off meeting and adjust throughout the process as needed.

Item # 5.

NBS will work with City staff to answer any questions that come up and guide you through the adoption process. The key technical tasks will be to prepare a draft and final Prop 218 Notice and provide the proposed rate tables included in the notices. NBS will work with City staff to review the draft and final notice prior to public release. The City should have legal counsel review all notices for legal compliance with the provisions of Prop 218, such as wording related to pass-throughs.

Engagement Services | Optional
As communication is paramount, the NBS team developed
the CivicMic platform, which focuses on providing
collaborative governance services including outreach, public engagement, and adaptive management, bringing citizen
voices into the governance process. Through our customized approach, we engage residents of diverse backgrounds for unique perspectives using social media and other collaborative activities.

Optional engagement services for this project include:

COMMUNICATION TOOLKIT
NBS will develop a comprehensive toolkit, including talking points, multilingual FAQs, content releases, timelines for posting on the City’s website, and guidelines for various communication activities. This toolkit will aid staff and elected officials in communicating a cohesive message to the community and stakeholders.

RATE CALCULATOR
NBS will create a rate calculator for ratepayers to view the updated rates. This calculator can be hosted on the City’s website or CivicMic.com.
218 NOTICE SUPPLEMENT
NBS will also develop and design a detailed fact sheet to be mailed to community members. The fact sheet will include historical information that will help educate the community on the current project needs. The fact sheet will be translated into up to two languages based on community census data.

PROFESSIONAL FEES
Our professional fees are based on our understanding of the City’s needs and the effort we believe is necessary to complete the scope of services described in our proposal. Work will be performed at a fee of $14,625 for the Water Rate Review and $41,050 for the Water Rate Study.

Item # 5.

Additional services requested, such as additional public meetings or additional rate or fee alternatives, can be provided based on the hourly labor rates included in the table above. All tasks would be mutually agreed upon by NBS and the City prior to proceeding.

HOURLY RATES
We applied the following hourly rates to derive the overall pricing for the requested scope of services. Our hourly rates are inclusive of all costs associated with professional time, such as travel, document production, and incidentals. The following rates will apply for the duration of our contract:

PROJECT BUDGET: CITY OF GRASS VALLEY
Senior Review1
(Highstreet
Mares)
Director
(Kissam)
NBS
Consultant
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$275 $250 $175
Phase 1: Water Rate Review
Task 1 – Review Financial Plan 20.0 - 12.0 32.0 $ 7,600 Task 2 – Analyze Current Customer Data 10.0 - 10.0 20.0 4,500 Task 3 – Finding Memorandum and Presentation 6.0 - 5.0 11.0 2,525 GRAND TOTAL 36.0 - 27.0 63.0 $ 14,625
Phase 2: Water Rate Study
Task 1 – Kick-off Meeting & Data Collection 2.0 8.0 4.0 14.0 $ 3,250 Task 2 – Financial Plan 8.0 8.0 8.0 24.0 5,600
Task 3 – Cost-of-Service Analysis (COSA) 4.0 4.0 3.0 11.0 2,625 Task 4 – Rate Design Analysis 4.0 4.0 3.0 11.0 2,625
Task 5 – Drought Rate Analysis 2.0 4.0 - 6.0 1,550
Task 6 – Regional Bill Comparison 2.0 4.0 8.0 14.0 2,950 Task 7 – Prepare Rate Study Report 8.0 8.0 10.0 26.0 5,950 Task 8 – Meetings and Presentations 20.0 10.0 - 30.0 8,000 Task 9 – Notice of Public Hearing Mailing2

4.0 6.0 8.0 18.0 4,000
Travel Costs for (3) In-Person Meetings (not to exceed)3 4,500
GRAND TOTAL 54.0 56.0 44.0 154.0 $ 41,050
Additional Optional In Person Visits
Additional Costs for Optional Site Visits and Presentations Labor Cost Per Visit/Presentation (NBS PM) $ 2,200
Travel Expenses per Meeting (not to exceed) 1,500
Grand Total Optional Services Not to Exceed $ 3,700
Public Engagement Optional Services
$ 9,500
Rate Calculator 4,750
218 Notice Supplement 4,000
Grand Total Public Engagement Optional Services $ 18,250 Communication Toolkit
Consultant Labor (Hours) Grand Totals
Study Tasks
Hourly Rate
PROJECT BUDGET: CITY OF GRASS VALLEY
Senior Review1
(Highstreet
Mares)
Director
(Kissam)
NBS
Consultant
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$275 $250 $175
Phase 1: Water Rate Review
Task 1 – Review Financial Plan 20.0 - 12.0 32.0 $ 7,600 Task 2 – Analyze Current Customer Data 10.0 - 10.0 20.0 4,500 Task 3 – Finding Memorandum and Presentation 6.0 - 5.0 11.0 2,525 GRAND TOTAL 36.0 - 27.0 63.0 $ 14,625
Phase 2: Water Rate Study
Task 1 – Kick-off Meeting & Data Collection 2.0 8.0 4.0 14.0 $ 3,250 Task 2 – Financial Plan 8.0 8.0 8.0 24.0 5,600
Task 3 – Cost-of-Service Analysis (COSA) 4.0 4.0 3.0 11.0 2,625 Task 4 – Rate Design Analysis 4.0 4.0 3.0 11.0 2,625
Task 5 – Drought Rate Analysis 2.0 4.0 - 6.0 1,550
Task 6 – Regional Bill Comparison 2.0 4.0 8.0 14.0 2,950 Task 7 – Prepare Rate Study Report 8.0 8.0 10.0 26.0 5,950 Task 8 – Meetings and Presentations 20.0 10.0 - 30.0 8,000 Task 9 – Notice of Public Hearing Mailing2

4.0 6.0 8.0 18.0 4,000
Travel Costs for (3) In-Person Meetings (not to exceed)3 4,500
GRAND TOTAL 54.0 56.0 44.0 154.0 $ 41,050
Additional Optional In Person Visits
Additional Costs for Optional Site Visits and Presentations Labor Cost Per Visit/Presentation (NBS PM) $ 2,200
Travel Expenses per Meeting (not to exceed) 1,500
Grand Total Optional Services Not to Exceed - - - - $ - Public Engagement Optional Services
$ 9,500
Rate Calculator 4,750
218 Notice Supplement 4,000
Grand Total Public Engagement Optional Services $ 18,250

1. If time is required for municipal advisor services (Sara Mares), senior review hours would be utilized.

2. Mailing expenses excluded. NBS passes through mailing expense at cost without markup. Cost will depend on design choices and length of notice.

3. Travel-related cost and direct reimbursable expenses; all other expenses are included in labor rates. This will be zero if all meetings are attended virtually.

Communication Toolkit
Consultant Labor (Hours) Grand Totals
Study Tasks
Hourly Rate

Item # 5.

Title Hourly Rate
Senior Review $275
Director $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Senior Project Analyst $165
Project Analyst $150
Project Resource Analyst $130
Clerical / Support $110
TERMS
Services will be invoiced monthly. Expenses will be itemized and included in the next regular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for work completed.

Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel consulting contract with 30 days’ written notice.

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Second reading of Ordinance 838 to amend City of Grass Valley Municipal Code, Title 15, Chapters 15.02 to 15.06 that incorporates the 2025 California Building Codes
Recommendation: Conduct the second reading, by title only, and adopt Ordinance 838 amending the Grass Valley Municipal Code Chapters 15.02 to 15.06 that incorporates the 2025 California Building Standards Code Title 24 Parts 1 through 12, the 2024 International Swimming Pool and Spa Code, the 2024 International Property Maintenance Code, and local amendments.

Prepared by: Jon May, Building Official
Council Meeting Date: 11/25/2025 Date Prepared: 11/19/2025 Agenda: Consent
Background Information: At the City Council meetings of November 12, 2025, the Council conducted a public hearing, held the first reading, and introduced an Ordinance amending the Grass Valley Municipal Code. The purpose of this agenda item is to conduct the second reading and adopt the 2025 Building Codes and the City’s local amendments. The codes being adopted include the 2025 Building Standards Code, Title 24 Parts 1 through 12, the 2024 International Swimming Pool and Spa Code, the 2024 International Property Maintenance Code, and the City’s local amendments.

Council Goals/Objectives:

Goal #5: High performance government & quality service
Goal #6: Provide a safe place to live, work, and play.

Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: Ordinance 838

Item # 6.
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.

Item # 6.
2 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 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

Item # 6.
3 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:

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 (HCD-2), 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

Item # 6.
4 (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.

Item # 6.
5 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 Wildland-Urban 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:

Item # 6.
6 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.

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:

Item # 6.
7 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.

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

Item # 6.
8 detection fire alarm system installed throughout the structure in accordance with Section 907, NFPA72 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.

Item # 6.
9 105.5.3 - 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. 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 reinspections 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

Item # 6.
10 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.

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

Item # 6.
11 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 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.

Item # 6.
12 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.

Item # 6.
13 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”

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.

Item # 6.
14 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:

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:

Item # 6.
15 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.

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

Item # 6.
16 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 1st, 2026.

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 11th day of November 2025 PASSED AND ADOPTED this 25th day of November 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
/s/
Hilary Hodge, Mayor
ATTEST:
/s/
Taylor Whittingslow, City Clerk
APPROVED AS TO FORM:
/s/
Michael Colantuono, City Attorney
PUBLISH DATE: _______________

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Clarification of City Hall Holiday Schedule and Public Availability CEQA: Not a project
Recommendation: That the City Council receive the report clarifying that City Hall will remain open to the public during the upcoming holiday period, except for the standard observed holidays (December 24, December 25, and January 1). City Hall will continue to operate under its regular schedule, which includes being closed to the public on Fridays.

Prepared by: Taylor Whittingslow, Deputy City Manager
Council Meeting Date: 11/25/2025 Date Prepared: 11/20/2025 Agenda: Consent
Background Information: In prior years, City Hall has closed for additional days surrounding the Christmas and New Year’s holidays to accommodate flexible staffing and reduced public demand. For the current year, staff is clarifying that City Hall will not be closed beyond the standard holiday schedule.

City Hall will observe only the following holiday closures:
 Wednesday, December 24 (Christmas Eve)
 Thursday, December 25 (Christmas Day)
 Thursday, January 1 (New Year’s Day)
Outside of these designated holidays, City Hall will operate under its regular public schedule, which includes being closed to the public on Fridays consistent with the adopted four-day counter schedule.

This clarification ensures the public is accurately informed of City Hall’s availability during the holiday period.

Council Goals/Objectives: This item executes portions of work tasks toward achieving/maintaining High Performance Government and Quality Service.

Fiscal Impact: N/A. Funds Available: N/A Account #: N/A Reviewed by: __ City Manager
Attachments: None

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Habitat for Humanity request for an Affordable Housing Project at Gates Place, including a General Plan Text Amendment, a Zoning Text Amendment, A Zoning Map Amendment, along with a Planned Development Permit and 16-lot Tentative Subdivision Map
CEQA: Consideration of a Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA)
Recommendation:

Approve Resolution 2025-48 adopting a Mitigated Negative Declaration (MND),Exhibit A, and Mitigation Monitoring and Reporting Program, Exhibit B, for the 16-unit affordable housing project proposed by Nevada County Habitat for Humanity at Gates Place, APN: 035-600-015)
Approve Resolution 2025-49 approving a General Plan Text Amendment to the Business Park Land Use Designation allowing an affordable, residential-only project when necessary to meet State RHNA targets.

Introduce Ordinance No. 839 adding Section 17.28.090 of Chapter 17.28, Title 17 of the Grass Valley Municipal Code regarding a RHNA combining district appliable to the CBP zoning designation, waive full reading, and read by Title Only Introduce Ordinance No. 840 adding the RHNA combining district to the property at APN 035-600-015 as depicted in Exhibit A, to accommodate an affordable housing project, waive full reading, and read by Title Only
Approve Resolution No. 2025-50 approving a Planned Development, Development Review Permit and 16-unit Tentative Subdivision Map for a 16-unit affordable housing project on Gates Place at APN 035-600-015, proposed by Nevada County Habitat for Humanity, subject to Conditions of Approval, Exhibit A, and Mitigating Measures, Exhibit B, upon adoption and effective date of Ordinances 839 & 840.

Prepared by: Amy Wolfson, City Planner
Council Meeting Date: November 25, 2025 Date Prepared: November 20, 2025 Agenda: Public Hearing

Background Information: The project parcel is zoned Corporate Business Park Zone (CBP).

The Grass Valley 2020 General Plan identifies the site as Business Park (BP). The intent of the BP designation is to accommodate a variety of employment generating land uses in a master planned setting. The CBP zoning designation is intended to provide opportunities for corporate administrative offices and medium size research and development firms. As currently written, the CBP zone only permits residential projects as part of a mixed-use development with Use Permit approval. Current land use trends are such that office

Item # 8.
professional sites are under-utilized due to lack of interest, likely due to the rise in remote work possibilities.

The subject property is currently vacant, with the exception of remnants of building foundations. The land has been previously disturbed, having hosted a single-family residence and accessory structures. The project parcel is 2.01-acres in size and access to the site is proposed off Gates Place a two-lane local roadway maintained by the City, which runs along the eastern border of the property and culminates in a cul-de-sac just north of the site.

Gates Place has intersects with Nevada City Highway, at the Fowler Shopping Center, located roughly 0.22-miles from the site.

In 2024, Habitat for Humanity submitted a Conceptual Development Review application for review. Agency review provided comments providing a pathway for the project proposal and included comments for fire access, water supply, infrastructure improvements, and the necessary applications for the project proposal, which includes: a request to re-zone the property to add a Combining District, an associated Zoning/General Plan Text Amendment, and 16-lot Tentative Subdivision Map.

PROJECT PROPOSAL
The project entails a 16-lot subdivision and an affordable housing project proposed by Nevada County Habitat for Humanity. Proposed homes will range from one to two-story options, with two-to-four-bedroom options, and an attached single car garage. All the homes have the same footprint and the floorplan/elevation for each lot will be determined based on the need as assessed by the applicant through their home recipient program. The project intends to be a 100% deed-restricted, affordable residential project, and will aid the City in meeting the Regional Housing Needs Allocation. The project requires the following entitlements:
1) a General Plan Text Amendment to allow affordable, residential-only projects in the Business Park land use designation when needed to satisfy State-mandated housing targets;
2) a Zoning Text Amendment to add the RHNA combining district to the development code to allow 100% deed-restricted, affordable housing to develop in the CBP zone as a residential-only project;
3) a Zoning Map Amendment to add the RHNA Combining District to the subject property; 4) a Planned Development to allow flexibility for the minimum lot area, minimum lot width, lot coverage, and front and street-side setbacks as requested by the applicant.

The flexibility afforded by the Planned Development permit allow for a more compact and efficient layout of homes, which helps preserve native vegetation and natural drainage features essential to the site’s ecological function. 5) a Development Review Permit approving the project site plan, improvement plan, and building designs proposed for the project
6) and a Tentative Subdivision Map comprised of sixteen single-family residential lots, residential lots range in sizes from 3,081 square-feet to 5,434 square-feet (SF). House models show two-story homes (first floor: 680 SF/ second floor: 644 SF) with an attached single-car garage and porch, 3-bedrooms and 2-bath rooms. Lot A and Lot B are proposed as roadways. Three lots remain undeveloped and will be utilized as drainage areas; Lot C (6,920 SF), Lot D (3,847 SF), and Lot E (3,430 SF). All subdivision run-off will be maintained onsite. Subdivision landscaping in the front yard and along streets is required. The subdivision is proposed as two phases to accommodate the anticipated pace of site improvement and building.

Item # 8.

A more thorough analysis of the site conditions and project improvements, including tree removal, and infrastructure requirements is provided in the staff report that went before the planning commission, attachment 6.

The Planning Commission reviewed the draft ordinance at their regular meeting held August 19, 2025, and voted to recommend adoption with added clarification that the ordinance applies only to nonresidential zoning designations.

Council Goals/Objectives: This ordinance supports the 2022 Strategic Plan Update, Goal #1:

The City of Grass Vally is dedicated to promoting programs and projects that improve livability and enhance the character and charm of Grass Valley.

Fiscal Impact: None.

Funds Available: None Account #: TBD Reviewed by: City Manager Attachments:

1. Resolution 2025-48, adopt the Mitigated Negative Declaration (MND)

2. Resolution 2025-49, approve the General Plan Text Amendment

3. Ordinance No. 839, add a RHNA combining district to the Development Code

4. Ordinance No. 840, add the RHNA combining district to the project site

5. Resolution 2025-50, approve the affordable housing project

6. Planning Commission Staff Report, November 18, 2025

7. Vicinity/Aerial Map Exhibits

8. Subdivision Map/Site Plan/Landscape Plan

9. Planned Development Request

10.Residential Elevations

Item # 8.

Habitat for Humanity
Affordable Housing Project at Gates Place
(25PLN-0020)
Attachment List

1. Resolution 2025-48, adopt the Mitigated Negative Declaration (MND) a. Exhibit A, draft Mitigated Negative Declaration
b. Exhibit B, draft Mitigation Monitoring and Reporting Program (MMRP)

2. Resolution 2025-49, approve the General Plan Text Amendment

3. Ordinance No. 839, add a RHNA combining district to the Development Code

4. Ordinance No. 840, add the RHNA combining district to the project site a. Exhibit A, Zoning Map Amendment

5. Resolution 2025-50, approve the a ordable housing project a. Exhibit A, Recommended Conditions of Approval
b. Exhibit B, Mitigation Measures as outlined in the MMRP

6. Planning Commission Sta Report, November 18, 2025

7. Vicinity/Aerial Map Exhibits

8. Subdivision Map/Site Plan/Landscape Plan

9. Planned Development Request

10. Residential Elevations

Item # 8.
1 RESOLUTION NO. 2025-48

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

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE 16-UNIT AFFORDABLE HOUSING PROJECT AT GATES PLACE (APN: 035-600-015), (PLN25-0020)
WHEREAS, the City of Grass Valley is the Lead Agency for the development of a 16- unit, 100% deed-restricted affordable housing project located on Gates Place (APN: 035-600- 015) proposed by Nevada County Habitat for Humanity (the Project), File no. 25PLN-0020; and
WHEREAS, the City prepared a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA), Public Resource Code §21000 et seq, and the CEQA Guidelines to evaluate the potential environmental impacts of the Project (SCH No. 2025100774); and
WHEREAS, the MND analyzed the reasonably foreseeable physical environmental impacts of the entire Project and concluded that, with implementation of required mitigation measures, the Project would not result in significant environmental impacts; and WHEREAS, the City prepared a Mitigation Monitoring and Reporting Program (MMRP) in compliance with CEQA Guidelines §15097, to ensure implementation of all mitigation measures identifies in the MND
WHEREAS, the City circulated the MND for public review from October 17, 2025 through November 16, 2025, for which no comments were submitted which required responses in accordance with CEQA, and determined that no substantial revisions were required to the MND as presented; and
WHEREAS, on November 18, 2025, the Planning Commission conducted a duly noticed public hearing on the Project, and considered the MND and the Mitigation Monitoring and Reporting Program (MMRP), and recommended adoption, by a vote of three to zero (two absent); and
WHEREAS, on November 25, 2025, the City Council held a duly-noticed public hearing, at which time it received and considered the staff report, MND, MMRP, Planning Commission recommendation, public testimony, and all written and oral materials presented.

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council finds that the MND, Exhibit A, has been completed in compliance with CEQA; and

2. The City Council has independently reviewed and considered the MND and the MMRP prior to making a decision on the Project; and

3. The MND reflects the City’s independent judgement and analysis; and

4. There is no substantial evidence in the record that the Project, as mitigated, will have a significant effect on the environment; and

Item # 8.
2 5. All mitigation measures described in the MND are fully enforceable through the MMRP, Conditions of Approval, or other adopted mechanisms.

ADOPTED as a resolution of the City Council of the City of Grass Valley at a regular meeting held on the __ day of _________ 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
____________________________
Hilary Hodge, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ____________________________ David Ruderman, City Attorney Taylor Day Whittingslow, City Clerk

Item # 8.

Initial Study
Habitat for Humanity
Tentative Subdivision Tract Map and Rezone Project
City of Grass Valley, California
To:

City Manager – Tim Kiser Nevada City Rancheria Nisenan Tribe Deputy City Manager – Taylor Whittingslow Shingle Springs Band of Miwok Indians Planning Division – Amy Wolfson, City Planner Colfax-Todds Valley Consolidated Tribe Building Division – Jon May, Building Official T'si Akim Maidu Tribal Council Deputy Public Works Director – Zac Quentmeyer United Auburn Indian Community Fire Chief – Mark Button Native American Heritage Commission Deputy Fire Marshal – Roque Barrera Mayor/Council Member – Hilary Hodge Grass Valley Attorney – David Ruderman Vice Mayor/Council Member – Haven Caravelli Nevada County Assessor – Rolf Kleinhans Council Member – Joseph Bonomolo Nevada County Environmental Health Council Member – Tom Ivy Nevada County Consolidated Fire District Council Member – Jan Arbuckle Nevada Irrigation District (NID) Grass Valley School District Northern Sierra Air Quality Management District
Receives full report via electronic mail
Date: September 29, 2025
Prepared by: Vanessa Franken, Associate Planner
City of Grass Valley, Planning Department
125 E. Main Street, S
Grass Valley, CA 95945
(530) 274-4712
[email protected]
File Number: 25PLN-0020
Assessor Parcel Number: 035-600-015
Zoning Districts: Corporate Business Park Zone (CBP)
General Plan Designation: Business Park (BP)
Project Location: No assigned address, Grass Valley, CA 95945. Located on the west side of State Highway 49/20, within the Brunswick community.

Roughly 0.22-miles east of Save Mart grocers storefront and approximately 670-feet northeast of the Nevada City Highway and Gates Place Intersection. Located on the west side of Gates Place street.

Resolution No. 48
Exhibit A

Item # 8.

Habitat for Humanity, Tentative Subdivision Tract Map and Rezone Project– 25PLN-0020

Project Site and Surrounding Land Uses:

The project parcel, no assigned address, Grass Valley, (APN: 035-600-015) is located on the west side of State Highway 49/20, within the Brunswick community within Grass Valley City limits.

Roughly 0.22-miles east of the Fowler Shopping Center and approximately 670-feet walking distance northeast of the Nevada City Highway and Gates Place intersection. Located on the west side of Gates Place street.

The project parcel is 2.01-acres in size. The project parcel was previously developed with a residence. At this time, vacant land with remnants of a foundation exists. The project parcel is 218- feet west of State Highway 49, per Google Earth estimates. The project parcel is zoned Corporate Business Park Zone (CBP) and has a General Plan designation of Business Park (BP). The project parcel is currently undeveloped; there is no existing driveway. Access to the site is off Gates Place a two-lane local roadway maintained by the City. Per Assessor Maps Book 35 and Page 60, a reserved piece of property (0.73-acres in size) runs along the northern property line of the project parcel. The reserved piece of property is intended to be developed as an additional road, specifically Skewes Lane. A paved entrance to the west, Skewes Lane, stemming from Nevada City Highway is existing; only this portion of the two-lane road is constructed. The reserved road continues northeast, until it meets the west side of Gates Place. The roadway exists as a two-lane road and tapers into a one lane road as it reaches Gates Place. There is no existing point of connection from Gates Place. Only a small portion of the reserved roadway is built out. Future ingress/egress from the project parcel will utilize Gates Place. There are no existing sidewalks along the frontage of the project parcel. Currently the site consists of natural grass, vegetation, moderate trees, and remnants of a building foundation. The project parcel can be served by the Nevada Irrigation District (NID) public water and sewer. The site slopes primarily from the north to south, with existing slopes ranging from 10%-20% on site.

Directly north of the project parcel is the reserved roadway. Directly north of the undeveloped roadway is a 4.58-acre in size property. The established primary land use of the property is singlefamily residential, the property is developed with a residence and a residential accessory structure (barn/detached garage). Directly south of the project parcel is an undeveloped neighboring property (1.50-acres in size), also consisting of natural grasses and vegetation. All properties immediately north and south of the project parcel are zoned Corporate Business Park (CBP) with a General Plan designation of Business Park (BP).

Directly southwest of the project parcel, 276-feet, per Google Earth Estimates, is Sherwin Williams paint store; located on the corner of Gates Place and Nevada City Highway intersection. The corner property perimeter is developed with existing concrete sidewalks. On site, there is the paint brand store front commercial building, a paved asphalt parking lot, and associated parking lot landscape.

The project parcel is located within an urban setting, adjacent to a commercial corridor; located west, northwest, and south of the project parcel. Adjacent to and immediately west of the project parcel is a florist store front with a coffee shop, a Lumber Jack’s diner, and a motorcycle store front which has recently vacated. From the project parcel frontage an estimated 0.22-miles walking distance east is a shopping center. The Fowler Shopping Center is made up of multiple parcels with over 13+ acres of commercial services. The main tenant in the center is a Save-Mart grocers storefront, there is also a mailing office, an Ace hardware store, Chinese food restaurant, franchise