Agenda packet, regular meeting — Grass Valley City Council, March 22, 2022

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, March 22, 2022 at 7:00 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.

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 7:00 p.m. on the 2nd and 4th Tuesday of each month. Your interest is encouraged and appreciated.

This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ.

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.

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

Page 1 ends

City of Grass Valley, CA AGENDA March 22, 2022

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

REPORT OUT OF CLOSED SESSION

INTRODUCTIONS AND PRESENTATIONS

1. Reserve Police Officers Retirement
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. For any items not on the agenda, and within the jurisdiction or interest of the City, please come to the podium at this time. 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).

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 (roll call vote).

2. Approval of the Regular Meeting Minutes of March 8, 2022.

Recommendation: Council approve minutes as submitted.

3. Update to Municipal Code Section 8.16 miscellaneous Fire Control Regulations Recommendation: 1) That Council approve Ordinance 814 amending the Grass Valley Municipal Code Section 8.16.230 and 8.16.240.

4. Review of 2021 Annual Housing Element Progress Report Recommendation: Receive and File. No formal action required.

5. Review of 2021 General Plan Annual Progress Report.

Recommendation: Receive and File. No formal action required.

6. Condon Park Parking Improvements Project
Recommendation: That Council 1) authorize a contract amendment in the amount of $43,750.00 for work associated with construction of a new water line.

7. Authorize travel for Vice Mayor Arbuckle to the National League of Cities (City Summit)
Recommendation: That Council approve travel and related expenses for Vice Mayor Arbuckle to attend the National League of Cities (City Summit).

Page 2 ends

City of Grass Valley, CA AGENDA March 22, 2022

8. Adopt Resolution No. 2022-009 Declaring Vehicles of the City of Grass Valley Surplus.

Recommendation: That council 1) Adopt Resolution No 2022-009 Declaring Vehicles as Surplus and Authorizing Disposition of listed equipment.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

PUBLIC HEARING

9. Consideration of Pre-Annexation and Development Agreements with Hansen Bros.

Enterprises (HBE) and CalMat tied to the recently approved Southern Sphere of Influence Planning and Annexation Project.

Recommendation: That Council conduct the public hearing and approve both agreements.

ADMINISTRATIVE

10. Pioneer Community Energy and Community Choice Aggregation for Grass Valley Recommendation: That Council 1) receive a presentation from Pioneer Community Energy on Community Choice Aggregation (CCA); 2) authorize the City Manager to initiate an Implementation Study for the purposes of further evaluation regarding the possibility of the City joining Pioneer Community Energy’s JPA, subject to legal review; 3) authorize the City Manager to sign all documents required to complete the study; and 4) approve the Finance Director to make the necessary budget adjustments and transfers to complete these actions.

11. Police Military Equipment Use Policy (AB481)
Recommendation: That Council 1) Review the proposed Police Department military equipment use policy and associated attachments per the requirements of AB-481; and 2) provide direction to staff related to the Police Departments proposed process to comply with AB-481 and/or any other direction related to the policy and use of equipment as outlined in the staff report and attachments

BRIEF REPORTS BY COUNCIL MEMBERS

ADJOURN

POSTING NOTICE
This is to certify that the above notice of a regular meeting of The City Council, scheduled for Tuesday, March 22, 2022 at 7:00 PM was posted at city hall, easily accessible to the public, as of 5:00 p.m. Friday, March 18, 2022.
________________________
Taylor Day, Deputy City Clerk

Page 3 ends

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and Redevelopment "Successor Agency"
Tuesday, March 08, 2022 at 7:00 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 by Mayor Aguilar at 7:03 pm.

PLEDGE OF ALLEGIANCE
Pledge of allegiance led by Police Chief Alex Gammelgard.

ROLL CALL

PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Council Member Tom Ivy
Vice Mayor Jan Arbuckle
Mayor Ben Aguilar

AGENDA APPROVAL -
Motion made to approve the agenda as submitted by Council Member Hodge, Seconded by Vice Mayor Arbuckle.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

REPORT OUT OF CLOSED SESSION

INTRODUCTIONS AND PRESENTATIONS

1. Introduction of new police K9, Romeo, and acceptance of funds from the Rudiger Foundation.

2. Music in the Mountains Presentation.

PUBLIC COMMENT -
Attached.

Page 4 ends

Item # 2.

City of Grass Valley, CA MINUTES March 08, 2022

CONSENT ITEMS -
Public comments attached.

Motion made to approve consent as submitted by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

3. Approval of the Regular Meeting Minutes of February 22, 2022.

Recommendation: Council approve minutes as submitted.

4. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring a Local State of Emergency

5. Local Emergency Proclamation (Winter Storm of December 27th, 2021) Recommendation: Winter Storm of December 27th, 2021 proclamation declaring a Local State of Emergency

6. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of Emergency

7. Public Works Restructuring (Streets and Parks Divisions) Recommendation: That Council 1) review and approve the proposed reorganization of the Public Works Department; 2) approve reclassifying two Maintenance Worker III’s to Senior Maintenance Workers; 3) approve downgrading an existing vacant Senior Maintenance Worker position to Maintenance Worker I; 4) approve revising the allotted/authorized City positions to reflect the Public Works Restructuring; and 5) authorize the Administrative Services Director to make any necessary budget adjustments and/or amendments to complete this action.

8. Modification to the Building Official salary range and approval of a job description for a Senior Building Inspector/Plans Examiner.

Recommendation: That Council approve the increase in the salary range of the Building Official job class and approve the job description and salary range for a Senior Building Inspector/Plans Examiner.

9. Health and Safety Code Section 13146.4 Report on Fire Inspections Recommendation: That Council adopt Resolution 2022-08 which accepts the Grass Valley Fire Department report pursuant to Health and Safety Code Section 13146.4 annual inspections.

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

OR ANY ADDED AGENDA ITEMS

REORGANIZATION RELATED ITEMS

Page 5 ends

Item # 2.

City of Grass Valley, CA MINUTES March 08, 2022

PUBLIC HEARING

10. Update to Municipal Code Section 8.16 miscellaneous Fire Control Regulations Recommendation: That Council: 1) conduct the public hearing; 2) introduce the ordinance which amends the Grass Valley Municipal Code Section 8.16.230 and

8.16.240; and 3) waive the reading of the ordinance in its entirety and read by title only.

Mark Buttron, Fire Chief, gave presentation to the council.

Motion made to 1) conduct the public hearing; 2) introduce the ordinance which amends the Grass Valley Municipal Code Section 8.16.230 and 8.16.240; and 3) waive the reading of the ordinance in its entirety and read by title only by Vice Mayor Arbuckle, Seconded by Council Member Hodge.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

ADMINISTRATIVE

11. Consideration of a temporary fee deferral agreement to allow BrewBilt to pay wastewater impact fees tied to the phasing of the project.

Recommendation: That Council approve the temporary fee deferral agreement and authorize the City Manager to sign the agreement subject to legal review.

Tom Last, Community Development Director, gave presentation to the council.

Public comment attached.

Motion made to approve the temporary fee deferral agreement and authorize the City Manager to sign the agreement subject to legal review by Council Member Branstrom, Seconded by Council Member Hodge.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

12. FY 2021-22 Mid-Year Budget Review
Recommendation: It is recommended that the City Council, by MOTION, approve the Mid-Year Budget Review and recommended revisions.

Andy Heath, Finance Director, gave presentation to the council.

Public comment attached.

Motion to approve the Mid-Year Budget Review and recommended revisions by Vice Mayor Arbuckle, Seconded by Council Member Branstrom.

Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice Mayor Arbuckle, Mayor Aguilar

BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Ivy had nothing to report. Councilmember Hodge attend an ERC meeting, want to warn about the poison oak on the Buttermilk Trail, and wants to congratulate Ben on his win of the St. Piran's trophy. Councilmember Branstrom is enjoying having public in

Page 6 ends

Item # 2.

City of Grass Valley, CA MINUTES March 08, 2022
the meeting, he attended ERC meeting, and the opening of Nevada County Camera Club exhibit, the St. Piran's Day pasty toss, and a visit to Buttermilk trail at Bridge Port. Vice Mayor Arbuckle attended the League of Cities board meeting, the Nevada County Law Enforcement Council meeting and farewell to two officers leaving the force, attended a GVDA board meeting, the St Piran's day celebrations, and leaves this weekend for the League of Cities Summit in Washington D.C. Mayor Aguilar visited the Lobster Truck, attended the LAFCo meeting and finalized the annexation of the Southern Sphere, was a judge of the Lions speech contest, and won the St Parians trophy for Grass Valley this year.

ADJOURN
Meeting adjourned at 8:52 pm.
_________________________ _____________________________ Ben Aguilar, Mayor Taylor Day, Deputy City Clerk

Page 7 ends

Item # 2.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, March 8, 2022 1:56 PM
To: Public Comments
Subject: Voice Mail (1 minute and 22 seconds)
Attachments: audio.mp3
Yes, my name is oral Stallings. I live at 16392 Lisa Lane. That's Grass Valley 95949. I'm past commander of the American Legion Post 1:30. I understand that the Boy Scout Lodge at Memorial Park is not being reopened for the use of the Boy Scouts and the Girl Scouts. I'm in the process of getting a petition signed by all of our veterans here in Nevada County. I'm asking the Council to please respond to the request. It's putting a problem in terms of financial to our Boy Scouts and Girl Scouts, but not being able to utilize the Boy Scout Cabin, which is by Memorial Park. So I really ask you to please consider getting this back into the hands of the Boy Scouts and Girl Scouts of Nevada County. My phone number is 530-559-2329, once again, Oral Stallings past Commander of American Legion Post 130. Thank you. Bye.

You received a voice mail from WIRELESS CALLER.

Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.

Set Up Voice Mail

Page 8 ends

Item # 2.
2 Taylor Day
From: Sarah Whittaker
Sent: Wednesday, March 2, 2022 10:59 AM
To: Public Comments
Subject: Re-open Scout Lodge
We would love if you re‐opened the Scout Lodge by Memorial Park! Sent from my Verizon, Samsung Galaxy smartphone

Page 9 ends

Item # 2.
3 Taylor Day
From: Khadidiatou Aw
Sent: Tuesday, March 1, 2022 2:25 PM
To: Public Comments
Subject: Scout lodge
Hi there ,
Please , reopen the Scout lodge.

Thank you
Khadidiatou Aw

Page 10 ends

Item # 2.
4 Taylor Day
From: Stephanie Facchini
Sent: Tuesday, March 1, 2022 1:28 PM
To: Public Comments
Subject: Scout Lodge
Please reopen the Scout Lodge. I have two Girl Scout Troops and we are having to pay monthly for the school facility that we are using for our meetings. It is frustrating when there is a Scout Lodge that is used for that purpose. I am also in charge of a Girl Scout function that typically would happen at the Lodge. Again, we are having to rent another facility.

Our girls are anxious to get back to our “old” meeting place, a building with lots of history and so convenient at the park.

Thanks
Stephanie Facchini

Page 11 ends

Item # 2.
1 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, March 8, 2022 8:19 PM
To: Public Comments
Subject: Voice Mail (37 seconds)
Attachments: audio.mp3
Yes, Taylor, could you ask Andy during his presentation how much money is set aside for a lawsuit, settlements from the city for people that fall on the sidewalks and other lawsuits against the city? Is that actual amount, or is that considered lumped in with the emergency situation and is battle fluctuating amount or same amount they put in each year forecasting that the looks like the liability insurance has gone way up? And I'm wondering if that's something you do with that. Could you speak to that, please? Thank you.

You received a voice mail from WIRELESS CALLER.

Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.

Set Up Voice Mail

Page 12 ends

Item # 2.
2 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, March 8, 2022 7:47 PM
To: Public Comments
Subject: Voice Mail (1 minute and 5 seconds)
Attachments: audio.mp3
Matthew Coulter public comment on the Spring Hill brewery. They're not a startup. It's an established company that is looking for a handout. I'm more concerned about where all the waste product is going to go into Wolf Creek. Like all the other businesses along Idaho, Maryland that just dump all their waste product into Wolf Creek We start at one end. Work your way all the way down through Grass Valley and you can count the dozens of businesses that use Wolf Creek as their personal sewage trough to dispose of any liquids and more that they want to get rid of. You can drive up the street tomorrow and see it. It's not hiding. And this is a lot of waste products going to be dumped into the Creek untreated. But you're all excited about getting wasted, so enjoy it. Drink up.

You received a voice mail from WIRELESS CALLER.

Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.

Set Up Voice Mail

Page 13 ends

Item # 2.
3 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, March 8, 2022 7:06 PM
To: Public Comments
Subject: Voice Mail (1 minute and 38 seconds)
Attachments: audio.mp3
Matthew Coulter public comment on #8 on the agenda item. For inspectors and their salaries and relating to that, I think they should all be fired because if you can't. Move around in this town and see so many violations of grading, pushing dirt into creeks right along the roadsides. I'm not talking in people's backyards. You don't need a drone.

You don't need anything. They're right along the roadways. All kinds of violations going on. And if citizens are the ones reporting this stuff like Loma Rica ranch that totally killed every living thing in Wolf Creek when it blew out, then we got a problem with their inspectors because they are not doing what they're supposed to be doing. There's still not doing what they're supposed to be doing, and I hope that they're all freaking fired because there is just no way that they are doing the right thing. The building next to the library in Grass Valley. Go look at the side of it. Look at the wires hanging around and stuff. Is that code? Really. Wow. Really frightening. What you guys are letting pass for, inspected stuff. And what about all the stuff that is being put in there? It's not even being permited. There's tons of that. Who's inspecting that stuff? What about the Airbnbs? You said there'd be 90, there's over 300. Who's inspecting those? Who are these inspectors? Fire them. Public Comments.

You received a voice mail from WIRELESS CALLER.

Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.

Set Up Voice Mail

Page 14 ends

Item # 2.
4 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, March 8, 2022 7:03 PM
To: Public Comments
Subject: Voice Mail (1 minute and 19 seconds)
Attachments: audio.mp3
Yes, Matthew calls for public comment on #7 Public works restructuring. We all know public works need to be restructured, but do we really even have a public works at this point? No one seems to be doing anything in the parks. Broken glass stays on the ground for months on end in children's playgrounds, and piles of leaves are all over the parks, killing the grass. Maybe we can hire some private contractors, come in and do a once over to clean stuff up because public works obviously isn't capable of using a rake or a broom or a shovel, or really any long handled tools that I can tell. All they can do is push stuff around and make dust, and they do like to play video games sitting in their truck. So that's pretty cool. So that's my public comment for the public works restructuring and I very much like new light bulbs put on the American flag at Memorial parks as we know, Public Works director was fired over that debacle over the light bulbs there that need to be replaced on the American flag at the Veterans Memorial, which Public Works has the keys supposedly. Thank you.

You received a voice mail from WIRELESS CALLER.

Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.

Set Up Voice Mail

Page 15 ends

Item # 2.
5 Taylor Day
From: WIRELESS CALLER
Sent: Tuesday, March 8, 2022 7:01 PM
To: Public Comments
Subject: Voice Mail (2 minutes and 14 seconds)
Attachments: audio.mp3
Public comment City Council meeting, Grass Valley, CA, March 8th, 2022. Matthew Coulter calling public comment on several things, one being the Boy Scout Girl Scouts building they would like to get back into their building to utilize it in Memorial Park because they're having to pay for rent, have their gatherings in other places due to something about COVID closing the building so they would really like to get back in there. Picking up the leaves in Memorial Park, it's a fire danger. I've wrecked a lot of piles of leaves. The city scatters them around with the blower out of the piles, refuses to pick the piles up until the grass dies. So I keep moving the piles of the grass doesn't die. I wish they'd pick him up. Today I was at Billy's funeral, who was killed in the crosswalk on Church St, South Church and Dalton. There. Yeah. Crosswalk right by the two mayors houses That crosswalk really needs some lights as well as the one on coal, fax Ave and Oak Street by Memorial Park. Very, very dangerous crosswalk. The city building more and more and improving more and more things to be put in without adequate facilities or infrastructure is just causing more fatalities. Just like the fatality on 49 today. Just because you can doesn't mean you should. You can fill every vacant lot with the track house, but should you? Probably not, but you should have a warming shelter in Grass Valley on the cold night so people aren't underneath tarps all over Mill Street and underneath the overpasses and in doorways. And like that, because the Nevada city shelter is in Nevada city and hospitality houses in a warming shelter. So Grass Valley really needs to step up with that regard for the homeless in Grass Valley. Public comment.

Thank you.

You received a voice mail from WIRELESS CALLER.

Thank you for using Transcription! If you don't see a transcript above, it's because the audio quality was not clear enough to transcribe.

Set Up Voice Mail

Page 16 ends

Item # 2.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Update to Municipal Code Section 8.16 miscellaneous Fire Control Regulations Recommendation: 1) That Council approve Ordinance 814 amending the Grass Valley Municipal Code Section 8.16.230 and 8.16.240.

Prepared by: Mark Buttron - Fire Chief
Council Meeting Date: 03/22/2022 Date Prepared: 03/09/2022 Agenda: Consent
Background Information: In August of 2017, Council approved repealing Municipal Code Chapter 8.16, Fire Control Regulations and 8.36, Weed Abatement. These repealed chapters were replaced with updated Municipal Code Chapter 8.16, Fire Control Regulations, which includes vegetation management and yard debris removal.

Based on our experience and observations in implementing the current code, the Fire Department believes the vegetation management process needs to be amended. To ensure the City’s vegetation management ordinance appropriately addresses potential fire hazards, we recommend the following changes:

1. Change the weeds, flammable vegetation, and other combustible materials abatement date from June 1 to May 1 of each year.

2. Remove the requirement for a thirty-foot clearance zone at the property line where continuous unimproved properties meet.

3. Where improved properties meet, require a fifteen-foot clearance zone on each side of the shared property line, for an overall clearance of 30 feet between adjoining improved properties.

4. For improved and unimproved properties: Provide a thirty-foot clearance zone, as measured from the edge of the sidewalk nearest the property line (or street line if there is no sidewalk), where property abuts any public or private rightsof-way, or fire apparatus access road.

5. Eliminate from 8.16.240 Emergency Vehicle Access- Without notice, the chief of the fire department may also summarily abate weeds or hazardous growth

Page 17 ends

Item # 3.
on private property that in any way hinders emergency access and may charge the property owner for the costs of the abatement.

Council Goals/Objectives: Exceptional Public Safety consistent with the City of Grass Valley Strategic Plan
Fiscal Impact: None
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: Ordinance 814

Page 18 ends

Item # 3.

Page 19 ends

Item # 3.

Page 20 ends

Item # 3.

Page 21 ends

Item # 3.

Page 22 ends

Item # 3.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Review of 2021 Annual Housing Element Progress Report Recommendation: Receive and File. No formal action required.

Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: March 22, 2022 Date Prepared: March 15, 2022 Agenda: Consent
Background Information: The City adopted its 2019 – 2027 Housing Element on August 13, 2019. The 2019-2027 Housing Element Regional Housing Needs Assessment allocates 743 housing units to the City of Grass Valley during the Housing Element planning period.

State law requires cities and counties to prepare an Annual Progress Report (APR) on the status of the implementation of their Housing Element. This report must be submitted to the City Council, Governor’s Office of Planning and Research (OPR), and Department of Housing and Community Development (HCD) by April 1.

Attached are excerpt summaries of the City’s APR from the new forms adopted by HCD.

The City’s housing numbers for 2021 include entitled projects such as Berriman Ranch Phase III and Rustic Woods as well as developing projects such as Gold Country Village Phase II, Habitat for Humanity, Loma Rica Phase I, Timberwood Estates, and Berriman Ranch Phase I building permits and Certificates of Occupancy issued in 2021. Although the Community Development Department has only issued 18 residential permits for 2021, several projects are slated for construction in 2022 including, Gilded Springs, Ridge Village, Berriman Ranch Phases II & III, and Loma Rica Phase I.

Council Goals/Objectives: This APR does not meet any specific or general goal or objective but is mandated by the State.

Fiscal Impact: Preparation of the APR has been completed with existing staffing resources. No impact to the General Fund will occur.

Reviewed by: ______Community Development Dir. _______City Manager ATTACHMENT:

Attachment 1 – Excerpt Summary form from the 2021 Housing Element Annual Progress Report

Page 23 ends

Item # 4.

Jurisdiction Grass Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 08/15/2019 - 08/15/2027
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 0
Non-Deed Restricted 1
14 18
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 15 15 8
2 to 4 0 0 0
5+ 0 0 33
ADU 3 3 2
MH 0 0 0
Total 18 18 43
2 70
70 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate

Page 24 ends

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Review of 2021 General Plan Annual Progress Report.

Recommendation: Receive and File. No formal action required.

Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: March 22, 2022 Date Prepared: March 15, 2022 Agenda: Consent
Background Information: Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to the legislative body, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD). The four purposes of the annual report are to:
 Provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures.  Provide information to identify necessary course adjustments or modifications to the General Plan to improve implementation.
 Provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures of the General Plan.  Provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.

The attached document fulfills Government Code Section 65400; however, it should be noted that Charter Cities such as Grass Valley were exempt of this General Plan requirement prior to 2019. Accordingly, other than the Housing Element Annual Progress Report, the City has not submitted prior annual reports regarding the General Plan overall. As such, this report may incorporate information from past exempt reporting years to date, as applicable.

Page 25 ends

Item # 5.
of regional housing needs and its efforts to remove government constraints to the development of housing in accordance with Government Code Section 65584.3(c) and 65584.5(b)(5). The Housing Element APR has separate reporting requirements and forms, which will be submitted electronically by the City by the April 1, deadline.

Council Goals/Objectives: This General Plan APR does not meet any specific or general goal or objective but is mandated by the State.

Fiscal Impact: Preparation of the General Plan APR has been completed with existing staffing resources. No impact to the General Fund will occur.

Reviewed by: ______Community Development Dir. _______City Manager ATTACHMENT:

Attachment 1 – 2021 General Plan Annual Progress Report with attachments

Page 26 ends

Item # 5.

CITY OF GRASS VALLEY
2021 GENERAL PLAN ANNUAL

PROGRESS REPORT
March 15, 2022

Page 27 ends

Item # 5.

PAGE 2 OF 13
City of Grass Valley 2 City of Grass Valley
General Plan Annual Progress Report March 15, 2022

TABLE OF CONTENTS
Page
Purpose of General Plan Annual Report ................................................................................................3 General Plan Background.........................................................................................................................3 City’s Responsibility……………………………………………………………………………… ..........4 Amendments to the General Plan…………………………………………………………………….....4 Major Milestones and Projects .................................................................................................................5 Status of General Plan Implementation Actions ...................................................................................7 Housing Element Annual Progress Report..........................................................................................13 Attachments:

Table B – Regional Housing Needs Allocation Progress Permits Issued by Affordability Table D – Program Implementation Status Pursuant to GC Section 65583

Page 28 ends

Item # 5.

PAGE 3 OF 13
City of Grass Valley 3 City of Grass Valley
General Plan Annual Progress Report March 15, 2022

PURPOSE OF GENERAL PLAN ANNUAL REPORT
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to the legislative body, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) on the status of the General Plan and progress in its implementation. The four purposes of the annual report are to:
• Provide information to assess progress on implementation of the General Plan in accordance with the stated goals, policies, and implementation measures.
• Provide information to identify necessary course adjustments or modifications to the General Plan to improve implementation.
• Provide a clear correlation between land use decisions made during the reporting period, and the goals, policies, and implementation measures of the General Plan. • Provide information regarding local agency progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing.

This document fulfills Government Code Section 65400; however, it should be noted that Charter Cities such as Grass Valley were exempt of this General Plan requirement prior to 2019. Accordingly, other than the Housing Element Annual Progress Report, the City has not submitted prior annual reports regarding the General Plan overall. As such, this report may incorporate information from past exempt reporting years to date, as applicable.

The purpose of the APR is to provide the public and decision makers with an update of the City’s progress in implementing its General Plan vision. This annual assessment provides an opportunity to adjust or modify its policies, goals, and objectives to ensure that the City meets its stated vision. A secondary purpose of the APR is to fulfill housing element statutory requirements regarding the City’s progress in meeting its share of regional housing needs and its efforts to remove government constraints to the development of housing in accordance with Government Code Section 65584.3(c) and 65584.5(b)(5). The Housing Element APR has separate reporting requirements and forms, which have been submitted electronically by the City by the April 1, deadline.

CITY OF GRASS VALLEY GENERAL PLAN BACKGROUND
The Grass Valley General Plan Update commenced June 30, 1998, with a “kickoff” meeting at the Grass Valley City Hall. From the onset, Grass Valley General Plan Update was aided by the leadership of an appointed Steering Committee. The Steering Committee had eight members, appointed by the City Council. Two were Council members, two where members of the Planning Commission, and four were Members-at-Large. The Steering Committee has guided General Plan activities through bi-monthly meetings with staff and consultants; sponsored Public Workshops designed to afford members of the public opportunity to participate in General Plan development; and served as the City’s decisionmaking body throughout General Plan formulation.

General Plan Elements – The 2020 Grass Valley General Plan includes the following General Plan Elements:

Page 29 ends

Item # 5.

PAGE 4 OF 13
City of Grass Valley 4 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
• Land Use
• Circulation
• Conservation/Open Space (formally separate elements being combined) • Noise
• Safety (formally Safety and Seismic Safety Elements, being combined) • Community Design (formally Urban Design)
• Historical
• Recreation
• Mineral Management
The City’s General Plan addresses State General Plan requirements. California law requires that every city and county adopt a long-term General Plan that addresses eight specific topics or “elements.” The General Plan must be internally consistent and contain the State Government Code requirements.

CITY’S RESPONSIBLITY
The effectiveness of the General Plan ultimately depends on how it is implemented and maintained over time. State law requires that most actions of local governments affecting the physical environment be consistent with the General Plan. This implementation of the Plan is the responsibility of numerous departments and divisions including:
• City Manager’s Office (City Clerk, Economic Development and Communications) • Administrative Services Department (Finance & Human Resources) • Community Development Department (Planning, Building, Housing & Code Compliance) • Public Works & Engineering (Community Services, Facilities and Maintenance) • Fire Department (Fire abatement) and,
• Police Department (Community Services, Information Technology & Animal Control) Additionally, several other governmental agencies provide services within the City. While these agencies are neither part of the City’s operational structure nor directly responsible for implementation of the General Plan, the City does coordinate its activities with these other agencies and relies upon their assistance for full implementation of the General Plan. These agencies include, but are not limited to the following:
• Nevada Irrigation District
• Nevada Union High School
• Nevada County Local Agency Formation Commission
• Nevada County Community Development Agency

AMENDMENTS TO THE GENERAL PLAN
State law allows the City to amend its General Plan no more than four times per year (Charter Cities are Exempt from this requirement). Amendments may be proposed and acted upon at any time during the year and one action may include multiple amendments. Any changes to the General Plan require a public hearing by the City Council upon recommendation by the Planning Commission and include evaluation of the environmental impacts as required by the California Environmental Quality Act. (CEQA).

Page 30 ends

Item # 5.

PAGE 5 OF 13
City of Grass Valley 5 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
The Southern Sphere of Influence and Annexation Project was the only notable General Plan Amendment for 2021.
2021 MAJOR MILESTONES & PROJECTS
Construction was approved, initiated, or completed within the City of Grass Valley for the following major projects during the 2021 planning year:

Annexation Projects:
• The Southern Sphere of Influence Planning and Annexation Project – 1) an amendment to the General Plan land use designations on 237 of the 400 acres; 2) a prezone amendment on 237 of the 400 acres of land to various zone districts consistent with the proposed General Plan amendments; 3) an expansion of the boundaries and amendment to the Southeast Industrial District Combining Zone; 4) an amendment to add 31 acres to the City's Sphere of Influence; and 5) the annexation of approximately 400 acres.

To meet the goals of the City’s Housing Element and to comply with SB 2 funds, which were used to fund the application process and environmental work, the SEIR evaluated the impacts of residential development on approximately 10 acres of land west of SR49. The goal was to create an opportunity for by-right development which is being strongly encouraged by the state to reduce processing times and costs for new housing.
• Grass Valley RV Resort and Annexation Project – The Grass Valley RV Park Resort and Annexation Project consists of 147 space RV Park Resort with 15 glamping spaces for short term camping on ±20 acres. The project also includes the annexation of ±25 acres of property into the City limits with a zoning designation that permits commercial and residential and combinations thereof.

City Projects:
• Brockington Center Frontage Landscaping – The Brockington (Safeway) shopping center frontage landscaping improvement project includes installation of several decorative rock walls and new parking lot landscaping.
• Condon Park Accessibility & Parking Lot Improvement Project – The Condon Park Accessibility Project was initiated 2020 and completed in 2021. The project included grading and resurfacing the trail, repaving the roadway, and repairing and installing sidewalk to meet current ADA standards. The 2021 Parking Lot Improvement Project included installation of a new restroom building, repaving of the LOVE building and baseball field parking lots, and extension of existing concrete walkway. • Slate Creek Road & Drainage Improvements – The Slate Creek Road & Drainage Improvement project includes replacing drainage culvert, installing infiltration trenches, repaving and other needed improvements on Slate Creek Road to the City limits.
• Memorial Park Facilities Improvement Project – The City was awarded $3.5 million in Community Development Block Grant (CDBG) funds for its 2019-20 public facilities application. With construction occurring through 2021, the awarded project includes demolition and expansion of the Memorial Park Pool, addition of pickleball and basketball courts, demolition of the Clubhouse (to be replaced with a new recreation building), and addition of a through road designed to provide additional connectivity and parking. The project is anticipated to be completed in 2022.

Page 31 ends

Item # 5.

PAGE 6 OF 13
City of Grass Valley 6 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
Commercial Projects:
• Dutch Bros Coffee – The construction of a ±900 square foot Dutch Bros with drive-through was completed in 2021.
• McDonald's Remodel – The project consists of a façade, décor, drive-thru and restroom upgrade, as well as a 1,200 square foot building addition is under construction through 2021 with completion in 2022.
• Wendy's Restaurant – A ±2,366 square foot Wendy’s restaurant with drive-through with parking and landscaping is under construction in 2021 with completion in 2022. • West Olympia Hotel – A two-story, 74 room hotel that includes a pool and fitness center was approved by the Planning Commission on December 15th, 2020. Construction is anticipated in Spring/Summer 2022
Residential Projects:
• Loma Rica Ranch Specific Plan – Approved in 2019, the Specific Plan is a mixed-use development of over 452 acres. Grading for Phase I consisting of ±250 homes is occurring in 2021, with construction slated for Spring/Summer 2022.
• Berriman Ranch Phase I – Single-family development of 30 homes ranging in size from 1,579 to 2,491 square feet are being constructed with the final phase completed in 2022. • Berriman Ranch Phase II Duet Project – 12 zero lot-line duet lots ranging in size from ±3,984 square feet to ±8,405 square feet. Approved in 2021, the project is anticipated to break ground in 2022. • Berriman Ranch Phase III Duet Project – Berriman Ranch Phase III includes the division of a ±75- acre parcel into 60 duet style lots ranging in size from ±4,000 square feet to ±8,741 square feet.

Approved in 2021, the project is anticipated to break ground in 2022.

• Gilded Springs – 26 residential infill lots including floor plans ranging in size from 1,400 to 2,835 square feet. sq. ft. was approved in July 2019. Site improvements have occurred in 2021 with building permits anticipated in Summer 2022.
• Ridge Village/McKenna Subdivisions – 34 single family infill lots with floor plans ranging in size from 1,200 to 3,000 square feet. Site improvements are occurring in 2021 with building permits anticipated in Summer of 2022.
• The Pines of Grass Valley – 108 for rent 1- & 2-bedroom apartments. The resort-style apartment project includes a swimming pool, hot tub, sundeck, private cabanas with TVs, fire pit, outdoor Yoga Studio, on-site business center, smart home features, on-site deli and market. Site improvements are anticipated in summer 2022.
• Timberwood Estates – 45 single family development, offering semi-customized homes in three sizes from 1,804 to 2,224 square feet, including 2-car garages. Building permits are issued in 2021.

Page 32 ends

Item # 5.

PAGE 7 OF 13
City of Grass Valley 7 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
• Brunswick Commons – The project is a mixture of affordable housing and homeless resource center which includes transitional housing units. The project is a Nevada County sponsored project consisting of 41 units of affordable housing for homeless and mentally ill. Also included are 33 one bedroom and 8 two-bedroom units. The project is being constructed in 2021 with completion in Spring/Summer 2022.
• Coach N Four Motel – Nevada County’s 18-unit motel will initially continue as temporary emergency housing for people experiencing homelessness, with a focus on families, veterans, and other vulnerable groups. Construction to convert the Coach N Four Motel into permanent housing has commenced in 2021 with completion slated in 2022. • City of Grass Valley’s 1st Time Homebuyer Program – The City was awarded $400,000 of First Time Homebuyer funds for its First Time Homebuyer program.

STATUS OF GENERAL PLAN IMPLEMENTATION ACTIONS
The following table outlines selected General Plan policies and action items that the City made notable progress towards in 2021. The table is not a comprehensive list of all policies and action items in the General Plan; many policies/actions are under ongoing implementation and may not be listed. As most of the General Plan policies and related action items have been implemented through the adoption of ordinance and resolutions, incorporated into the regular governmental activities of the applicable departments, or included in development proposals as they are reviewed for consistency with the City’s policies, the purpose of providing the policy implementation below is simply to streamline the review and highlight the annual progress efficiently.

The City’s General Plan has always been built around central themes; all are key focus points of the City’s current vision:
• Preserve Grass Valley’s historical character and encourage restoration. • Expand public services to serve a growing population. • Encourage variety in residential building types and environments. • Include high density housing areas in the town center. • Provide better regional connections.
• Improve the circulation patterns within the City.
• Protect and improve the Downtown Historic area.
• Diversify the economy and locate industry to avoid undue traffic. • Preserve scenic beauty and character.

To implement the City’s 2020 General Plan, the City adopted a strategic plan, last updated in April 2020. The concept of a long-range Strategic Plan was presented to the Grass Valley City Council in 2018. The purpose of the Strategic Plan was to provide a set of goals from which comprehensive programs would be developed and adopted to help direct the City’s future strategies and projects.

The Strategic Plan was developed with input from community focus groups consisting of an assortment of interested citizens and community leaders. Community contributors culminated at a Citywide public forum where discussion focused on the future direction of Grass Valley and potential projects to enhance the City’s livability. Seven core goals were identified: 1) Community Sense of Place; 2) Transportation; 3) Recreation and Parks; 4) Economic Development & Vitality; 5) High Performance Government & Quality Service; 6) Public Safety; 7) Water & Wastewater Systems & Underground Infrastructure.

Page 33 ends

Item # 5.

PAGE 8 OF 13
City of Grass Valley 8 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
2020 Adopted General Plan Implementation Measures Implementation Progress Land Use
1-LUI Revise the zoning map to reflect new General Plan designations
2-LUI Revise zoning text to reflect General Plan changes, including density/intensity standards for zoning districts.
3-LUI Review development regulations to assure adequately assess and mitigate environmental and fiscal impacts.
4-LUI Establish and maintain a data base containing information needed to determine the City’s jobs-housing balance.
5-LUI Review redevelopment and revitalization programs and activities, and adjust plans to meet the goals, objectives, and policies of the General Plan.
6-LUI Review housing code enforcement practices, and adjust as needed to meet the goals, objectives, and policies of the General Plan.
8-LUI Coordinate with LAFCo, Nevada County and other agencies and special districts regarding provisions of the General Plan, application of General Plan provisions incorporated portions of the Planning Area, and the timing and directions of future annexations. 9-LUI Establish standard processes and procedures for planning, annexation and service provision in the unincorporated Planning Area.
11 LUI Review service provision/extension plans, policies, and procedures to assure compatibility with the General Plan. • The City revises the zoning map and text, as needed, to reflect changes in State law and General Plan amendments.
• The City staffs the Historical Commission, Development Review Committee, Planning Commission and City Council to ensure that development regulations and programs adequately assess and mitigate environmental and fiscal impacts.
• The City updates the City’s Development Code as needed to reflect State law including Accessory Dwelling Units, Density Bonus law, etc. Several amendments are anticipated in early 2022 to reflect recently enacted State laws.
• The City annually reviews development programs, goals, and objectives of the General Plan to assure that goals, policies and objectives of the General Plan are implemented and relevant. • The City provides code compliance duties on a complaint basis.

In 2021, the City addressed 29 code compliance cases.
• The City annexed ±425 acres with the Southern Sphere of Influence and Annexation and Grass Valley RV Park Resort and Annexation projects. Prezoning of the properties is consistent with the City’s 2020 General Plan land use designations. LAFCO approval of both the projects is anticipated in early 2022. • For both the annexation projects noted above, the review and provision of services/extension plans are evaluated to assure compatibility with the General Plan.

Circulation
1-CI Adopt a roadway classification system outlined in the Circulation Element.
2-CI Regularly update Development Impact Fees
3-CI Ensure that proposed specific plans are consistent with the provisions of the functional classification component. This shall include incorporation of consistent design standards for roadways, • The City is working with Caltrans to acquire Colfax Avenue, Hansen Way, and portions of Tinloy Avenue. State
Relinquishment is anticipated to occur in 2022.
• 2020 Annual Street Rehab Projects completed in 2021: W Empire St. Whiting St, Le Duc St, Kechley Ct, Mainhart Dr, and Stacey Lane (1.25 miles of resurfaced roadway, 10 ADA ramps

Page 34 ends

Item # 5.

PAGE 9 OF 13
City of Grass Valley 9 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
associated bikeways and trails, and landscape areas.
4-CI Work with neighboring jurisdictions and regional planning agencies to coordinate the classification of roadways that cross the City’s boundaries.
5-CI Continue to refine and improve the design standards for the roadway system.
8-CI Base the Capital Improvement Program on a 20-year horizon and update the program regularly. Update concurrently with the approval of any significant modification to the land use allocation assumed by the Citywide travel model.
15-CI Ensure adequate funding to meet established Level of Service policies. Continue to implement and update traffic impact fees on new development and to obtain gas tax and other revenues to fund the Capital Improvement Program.
18-CI Develop a plan for parking that identifies park and ride lots.

Consider the need for park and ride facilities and for facilities serving alternative transportation modes when evaluating development proposals. Require construction of these facilities concurrent with development, or fair-share developer contributions in lieu of action construction.
installed, 200 linear feet of missing sidewalk segments) • 2020 Measure E Street Rehab Project completed in 2021:

Joerschke Dr, Maltman Dr, Manor Dr, Glenbrook Dr, Annex Avenue, Apple Ave, W Olympia Dr, Glenwood Rd
(Approximately 2 miles of resurfaced roadway)
• Slate Creek Road Improvements Project: Slate Creek Road from Ridge Road to the City limits (approximately 1,000 feet of resurfaced roadway)
• Idaho Maryland Road Measure E Emergency Repaving: Idaho Maryland from Sutton Way to Brunswick Road, (approximately ½ mile of resurfaced roadway)
• In partnership with Caltrans, Nevada County Transportation Commission and the City, completed an Intersection Control Evaluation for the S Auburn/Neal Street/Colfax Avenue
intersection. An oval round-a-bout is the preferred improvement with funding being sought for environmental review and
construction. An ATP grant application was unsuccessful, but the City is planning to reply in early 2022.

Conservation/Open Space
1-CONSI Identify, inventory and map essential information related to conservation and open space, utilizing the City’s geographic information system.
4-COSI Maintain a development review process which documents compliance with the various goals, objectives, and policies of the Conservation/Open Space Element.
6-COSI Review development ordinances and regulations to assure adequate provision for clustering, density averaging, and other techniques.
11-COSI Review sign regulations and landscaping requirements, upgrade City ordinances as required, and develop an effective • Engineering and Environmental Review underway for the remainder of a Wolf Creek Trail through town. A preferred alignment has been selected and discussions with Caltrans are underway to finalize design details and right of way needs. • City partnered with community groups Bear Yuba Land Trust and Wolf Creek Community Alliance to maintain and improve trail and open space areas. BYLT coordinated repaving of the ½ mile stretch of the popular Litton Trail with significant City contribution.
• The City has codified the Quimby Act in Chapter 17.86 of the City’s Development Code at five acres per 1,000 persons.

Page 35 ends

Item # 5.

PAGE 10 OF 13
City of Grass Valley 10 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
enforcement program.
16-COSI Study and consider a permanent ban on open burning within the City limits.
17-COSI Incorporate application mitigation measures specified in the Indirect Source Review Guidelines of the Northern Sierra Air Quality Management District in all future discretionary land use approvals.
• The City promotes Planned Developments to assure clustering, density averaging and other techniques. For example, the City recently approved the Berriman Ranch Phase III Planned
Development project consisting of 60 duet style lots on 10 acres. • The City’s Fire Department has implemented a permanent ban on open burning in the City.
• The City implements Northern Sierra Air Quality Management District’s air quality rules and standards on all projects.

Noise
2-NI Prohibit development of new noise-sensitive land uses where noise levels due to fixed noise sources will exceed the noise levels of the Noise Element.
4-NI Require that an acoustical analysis be performed where new development of fixed noise sources, or modification of existing fixed noise sources, is likely to produce noise levels exceeding the performance standards of the Noise Element and that noise mitigation be included in the project design.
• The City requires an acoustical analysis and conducts environmental analysis for discretionary projects to ensure that noise-sensitive land uses are mitigated.

Safety
1-SI Adhere to the Land Use Plan’s compact overall development pattern, including infill. A compact development pattern reduces total land area needed to accommodate projected development; facilitates quick response to emergencies.
3-SI Amend land use regulations to allow clustering and density averaging in conjunction with restricted development of potentially hazardous areas.
4-SI Encourage continuity and linkages within the circulation system. Require future developments to provide multiple ingress/egress points, to facilitate emergency vehicle access and mobility, and to facilitate emergency evacuation movements. 5-SI Maintain high standards of fire preparedness, capacity, and response. Assure the City’s capability to maintain such standards as • With exception to the recently annexed areas, development within the City of Grass Valley has been exclusive to infill development where services exist.
• The City’s Development Code has been updated in 2007 to permit clustering, density averaging and Planned Developments.

Environmental analysis for projects restricts and/or avoids potentially hazardous areas.
• The Fire Department reviews all development proposals in accordance with the CA Fire Code as amended by the City of Grass Valley. The review ensures that linkages, multiple access points, emergency access and evacuation is planned.
• With each respective development, a preliminary drainage study is required. On-site detention is the preferred drainage design,

Page 36 ends

Item # 5.

PAGE 11 OF 13
City of Grass Valley 11 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
areas are annexed.
8-SI Continue to require new development to utilize on-site storm water detention techniques.
9-SI Continue to utilize site development standards designed to minimize the resulting area and percentage of impervious surface. 11-SI Incorporate into City construction codes appropriate provisions and revisions of the CA Building Code regarding seismic safety.
12-SI Maintain an active code enforcement program to assure the safety of residential and commercial structures.
14-SI Enforce provisions of the Nevada County Airport Land Use Compatibility Plan, regarding development in designated Airport Compatibility Zones.
including development standards to minimize impervious
surfaces and water quality.
• For seismic safety, the City has adopted the CA Building Code as amended by the City of Grass Valley.
• Although the City does not have a designated Code Compliance Officer, five Community Development Department staff
members share Code Compliance duties.
• The Community Development Department enforces the
provisions of the 2011 Nevada County Land Use Compatibility Plan adopted by the Nevada County Transportation
Commission.

Recreation
3-RI Establish and utilize neighborhood planning and participation to determine localized needs and desires for facilities and services. 4-RI Pursue alternatives to city acquisition and maintenance of recreation areas via homeowners’ associations, assessment districts and private organizations.
• The City updated Park restrooms (Memorial Park and Minnie Park) and playgrounds (Memorial Park and Minnie Park) to meet ADA requirements funded by Measure E (sales tax initiative). • The City completed the first phase of Wolf Creek Trail (Cohousing/River Otter way to Mining Museum Parking Lot at Mill Street & Freeman Lane) ±1.25 miles of trail constructed.

Historic
1-HI Maintain a Historic Resource Ordinance and active programs to implement City policy for historic conservation and
enhancement.
2-HI Continue to encourage the Grass Valley Historical
Commission’s inventory of historical landmarks and sites within the original 1872 Townsite.
4-HI Expand the “historical district” to include both sides of West Main Street between Church Street and Auburn Street and the north side of East Main Street between North Auburn Street and Washington Street.
• The City maintains an active Historic Resource Ordinance and Historic Commission. The Historic Commission meets monthly and contains 5 members and 1 alternate member.
• The Historic District has been expanded to include both sides of West Main Street between Church Street and Auburn Street and the north side of East Main Street between North Auburn Street and Washington Street.

Page 37 ends

Item # 5.

PAGE 12 OF 13
City of Grass Valley 12 City of Grass Valley
General Plan Annual Progress Report March 15, 2022
Housing
See attached goals, policies, and objectives. • The City adopted the 2019-2027 State Certified Housing Element • The City adopted Accessory Dwelling Unit Ordinance in compliance with State law.
• Updates to the City’s Density Bonus Ordinance and other housing laws in compliance with State law are anticipated in 2022.

Page 38 ends

Item # 5.

PAGE 13 OF 13
City of Grass Valley 13 City of Grass Valley
General Plan Annual Progress Report March 15, 2022

HOUSING ELEMENT ANNUAL PROGRESS REPORT
The State Department of Housing and Community Development (HCD), acting as the City’s Council of Governments, has determined the amount of affordable housing assigned to the City of Grass Valley for the planning period. Known as the Regional Housing Needs Assessment (RHNA). The 2019 – 2027 RHNA adopted by HCD allocates 743 housing units to the City of Grass Valley. This represents the number of housing units the City is responsible for accommodating during this planning period. The RHNA identifies 269 units, approximately 36 percent, to be affordable to very low- and low-income households. The above-moderate income category represents the greatest need for Grass Valley’s total share of regional housing at 349 units or 47%.

Over the past several years, the Planning Division has processed an average of 50 planning and zoning applications annually. Applications include General Plan Amendments, Rezones, Development Review Permits, Tentative Maps, Planned Developments, Use Permits, Lot Line Adjustments, etc.

Building permits during this timeframe have also averaged ±600 permits with the City averaging generally 50 permits annually for residential projects. Although building permits in 2021, have been less, several residential project sites, including Gilded Springs, Ridge Village, and Loma Rica Phase I are slated for development with several hundred lots available for the 2022 construction season.

State law requires the city to complete a review of the implementation of the programs in the State Certified Housing Element. Table D attached lists each of the programs in the Housing Element and indicates the timeframe to complete the program and the City’s efforts to date. As the table illustrates, the City is on track with implementation of its 2019 – 2027 State Certified Housing Element.

The following information is a summary of the housing unit activity of the City of Grass Valley during 2021. The information is an excerpt summary of Tables of the State Department of Housing and Community Development.

Page 39 ends

Item # 5.

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Page 40 ends

Item # 5.

Jurisdiction Grass Valley
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Adequate Sites for
Housing
Accommodate the City’s share of
Nevada County’s future housing needs
(see Tables II-29 and II-30)
Current and ongoing,
2019-2027 (annexation
related polices are
addressed as property
owners request
annexation).

Current and on-going
Flexible Development
Standards and Mixed Use
Developments
Increase the options to provide for a
variety of housing to meet the needs of
all income groups
Use of Planned
Development and other
zoning techniques,
current and ongoing, 2019-
2027. Pre-annexation and
pre-application meetings
with applicants will occur
each year as needed
based on property owner
interest
Current and ongoing,
Reduce Regulatory
Barriers to Affordable
Housing
Reduce regulatory barriers to
facilitating the provision of a variety of
housing for all income groups. Request
the state understand and address the
significant cumulative costs of
implementing state housing regulations
adopted by the state that severely
impact the costs to housing,
particularly those adopted after 2009.

Ongoing monitoring Ongoing monitoring
Implement General Plan
Policies
The City shall continue to implement
General Plan policies that encourage
efficient use of unconstrained land and
a healthy economic base.

Current and ongoing, Current and ongoing
Encourage the Use of
Development Agreements
To expedite the process of final
development approvals and ensure
long-term protection for the City and
developer
Current and ongoing, as
part of the application
process
Current and ongoing, as part of the application process Annual Housing Element
Monitoring Report
To evaluate progress annually and
make appropriate revisions to policies
and programs
Annual report as required
by State law Annual report as required by State law
Promote Infill
Development
To reduce infrastructure costs
associated with infill development
proposals
Current and ongoing,
2019-2027. Current and ongoing, 2019-2027
Allow Alternative Housing
Types to Meet Special
Needs
Provide greater housing and shelter
opportunities for special needs groups
Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Housing for Persons with
Disabilities, including
persons with
Developmental
Disabilities
Coordinate with the Regional Center
and other entities that provide
supportive housing to support and
improve housing and shelter
opportunities for persons with
disabilities, including persons with
developmental disabilities.

Current and ongoing,
2019-2017 Current and ongoing, 2019-2027
Housing Opportunities for
Large Families
Promote its density bonus program as
part of the pre-application process.

The City will determine, on a case-bycase basis, the appropriate incentive(s) to offer to make a proposed affordable
housing development financially
feasible.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Workforce Housing Study Provide greater housing opportunities for local workforce
Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)

Page 41 ends

Item # 5.

Density Bonus
Promote its density bonus program as
part of the pre-application process.

The City will determine, on a case-bycase basis, the appropriate incentive(s) to offer to make a proposed affordable
housing development financially
feasible.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Pursue State and Federal
Funding for Affordable
Housing
Due to the loss of Redevelopment, and
the City’s only remaining ability to
provide housing assistance will be
based on its ability to obtain grants, it
is more difficult to estimate a
quantifiable number. The new
objective is to continue to apply for
specific grants and provide support to
private developers that are pursuing
funding assistance for lower income
housing
Current and ongoing,
2019-2027; meet annually
with housing providers to
establish funding
priorities; apply quarterly
for available funding
based on annual priorities
and the schedule of the
state or federal program.

Current and ongoing, 2019-2027; meet annually with housing providers to establish funding priorities; apply quarterly for available funding based on annual priorities and the schedule of the state or federal program Tax Exempt Bonds and
Mortgage Credit
Certificates
The City has entered into a joint
exercise of powers agreement to allow
the California Statewide Communities
Development Authority to issue tax
exempt bonds or mortgage credit
certificates for financing the
construction of affordable housing or
providing financial assistance to lowand moderate-income homebuyer assistance.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Community Reinvestment
Act
Increase the availability of funding
options for new or rehabilitated
housing
Annual presentations,
2019-2027, additional
meetings with specific
lenders as needed
Annual presentations, 2019-2027, additional meetings with specific lenders as needed
Housing Rehabilitation
Programs
Rehabilitation of 3 very low-income
housing units and 5 low-income
housing units
Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Preservation of At-Risk
Housing
Preserve the affordability of 836
assisted rental housing units
The City will continue to
monitor and begin to
address as part of the
next Housing Element
cycle
The City will continue to monitor and begin to address as part of the next Housing Element cycle
Rental Assistance Maintain availability of rental
assistance to Grass Valley residents
Annual collaboration with
the Housing Authority
during federal funding
request; information
distribution, current and
ongoing, 2019-2027;
ongoing promotion of
rental assistance program
to rental property owners
Annual collaboration with the Housing Authority during federal funding request; information distribution, current and ongoing, 2019-2027; ongoing promotion of rental assistance program to rental property owners
Preservation of Mobile
Home Parks
Preserve the condition and affordability
of larger mobile home parks containing
360 spaces; provide relocation
assistance to residents of parks that
are not feasible to preserve
Meet with park owners
and residents if requested
to determine feasibility of
preservation.

Meet with park owners and residents if requested to determine feasibility of preservation.

Housing Code
Enforcement
Improve substandard housing
conditions through correction of code
violations. Document housing
conditions and establish priorities for
future code enforcement, housing
rehabilitation assistance, and
neighborhood improvement efforts.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Re-Use of Large, Older
Homes
Efficiently re-use and preserve existing
residential structures and increase the
supply of housing.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Fair Housing Program
Educate the public on fair housing
issues, reduce housing discrimination,
and promptly resolve housing
discrimination complaints
Current and ongoing,
2019-2027; identify annual
events in 2019 and
include fair housing
information beginning
2019 and thereafter
Current and ongoing, 2019-2027; identify annual events in 2019 and include fair housing information beginning 2019 and thereafter
Energy Conservation for
New Construction and
Residential Design
Increase the availability of funding
options for new or rehabilitated
housing
Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Weatherization and
Energy Conservation for
Existing Dwelling Units
Increase the availability of funding
options for new or rehabilitated
housing
Current and ongoing,
2019-2027 Current and ongoing, 2019-2027

Page 42 ends

Item # 5.

Encourage Development
of Moderate Income and
Above Moderate Income
Housing
The City will encourage the
development of moderate-income
housing and above moderate-income
housing, so the income distribution of
the City's housing stock aligns more
with the Statewide and unicorporated
Nevada County income distrubtion
levels.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Encourage Development
of Market Rate Rental
Housing
The City will encourage the production
of market-rate rental housing for
moderate and above moderate-income
housing through its land development
policies.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Efficiency Dwelling Units
(Tiny Homes)
The City will consider adopting
changes to the California Building and
California Residential Codes to allow
efficiency dwelling units.

Adopt ordinance by 2020 Other than CA Building Code Requirments, the City has no minimum square footage requiremnts for housing.

Facilitate the
Development of
Affordable Housing
The City will: a) prioritze any available
funding for affordable housing; b)
conduct yearly outreach to affordable
housing developers; c) Defer impact
fees or affordable housing
development, when feasible; d)
Dedicate City-owned sites to an
affordable housing developer; e) Fasttrack entitlements and building permit applications; f) Continue to partner with
other housing agencies; g) Continue to
support Habitat for Humanity's goal to
build homes for extremely low-income
residents.

Current and ongoing,
2019-2027 Current and ongoing, 2019-2027
Development Code,
Policies and Procedures
Review
The City will continue to review its
Development Code, Policies and
Procedures to streamline development
and building permit applications.

Annual Review with
Supportive Housing
provisions within 1 year
of Housing Element
adoption
Annual Review with Supportive Housing provisions within 1 year of Housing Element adoption.

Lower Income By-Right
Zoning
The City will amend its Development
Code to allow by-right use for
development in which at least 20
percent of the units are affordable to
lower income households.

Within 2 years of adoption
of Housing Element
The City recently approved the Southern Sphere of Influence and Annexation Proejct will contained duet and multiple family dwellings SB 2 streamline funding.

Page 43 ends

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Condon Park Parking Improvements Project – Contract Amendment Recommendation: That Council 1) authorize a contract amendment in the amount of $43,750.00 for work associated with construction of a new water line.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 03/22/2022 Date Prepared: 03/17/2022 Agenda: Consent
Background Information: On July 13, 2021, Council authorized award of a contract for the Condon Park Parking Improvement Project with Deschaine Enterprises Inc. The project involves parking lot reconstruction behind the Love Building in Condon Park, including accessibility improvements and a new four stall restroom.

During construction the existing water lines in the vicinity were found to be under sized and outdated as needed to serve the new multi-unit restroom. Additionally, the existing water main under the major baseball field would need to be abandoned in the near future during the construction of the Condon/Scotten Sports Fields Improvements Project approved by Council on February 22, 2022. Engineering recommends the installation of 250 feet of 4” water main, to supply water to the new restroom and for future connections to serve the baseball field, snack shack and maintenance buildings.

The contractor has proposed a lump sum cost of $43,750.00 for the installation of the water main. Engineering has determined the cost to be reasonable and more efficiently performed in conjunction with the project work. To maintain project contingency for other unforeseen additions and contract change orders, Staff recommends that Council approves the construction of the water main as a contract amendment of $43,750.00 with Deschaine Enterprises Inc.

Council Goals/Objectives: Construction of the water main executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – Recreation and Parks.

Fiscal Impact: The added work is fully funded in the FY 2021/2022 CIP Budget with Measure E funds.

Funds Available: Yes Account #: 200-406-64140
Reviewed by: ____ City Manager

Page 44 ends

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Authorize travel for Vice Mayor Arbuckle to the National League of Cities (City Summit)
Recommendation: That Council approve travel and related expenses for Vice Mayor Arbuckle to attend the National League of Cities (City Summit).

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 03/22/2020 Date Prepared: 03/15/2022 Agenda: Consent
Background Information: The National League of California Cities provides a variety of training, legislative support and information to elected and appointed officials. The City’s travel policy requires Council approval for this travel. Adequate funds are available for the travel. The involvement with the National League of California Cities also provides the opportunity to participate in nationwide policy committees, meetings with legislators, and to share and exchange ideas for enhancing city services.

City Summit is the National League of Cities' conference for local leaders to convene and collaborate on solutions to the common challenges facing America's cities. Each year, the conference is hosted in a different U.S. city, offering fresh and new best practices for government officials to improve the conditions back home. This year the City Summit will be held in Kansas City, MO March 14th through 16th.

Council Goals/Objectives: This item executes portions of work tasks towards achieving/maintaining Strategic Plan – Community Leadership. The City of Grass Valley is devoted to providing a safe Place to Live, Work and Play.

Fiscal Impact: The Fiscal Impact will be limited to Hotel Room, Airfare, and the conference registration. The anticipated cost to the City’s General Fund would around $3,500. There are sufficient funds budgeted for this proposed expenditure.

Funds Available: Yes Account #: 100-101-54112
Reviewed by: __ City Manager
Attachments: None

Page 45 ends

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Adopt Resolution No. 2022-009 Declaring Vehicles of the City of Grass Valley Surplus.

Recommendation: That council 1) Adopt Resolution No 2022-009 Declaring Vehicles as Surplus and Authorizing Disposition of listed equipment.

Prepared by: Mark Buttron -Fire Chief
Council Meeting Date: 03/22/2022 Date Prepared: 03/15/2022 Agenda: Consent
Background Information: Pursuant to Government Code Section 37350, the City may declare items as surplus. The City of Grass Valley has miscellaneous equipment and vehicles to be considered surplus. A list of the equipment and vehicles is attached for reference. All vehicles and equipment will be sold at auction by Ritchie Brothers Auctions.

Council Goals/Objectives: The execution of this Resolution achieves Strategic Goal #5- High Performance Government and Quality Services.

Fiscal Impact: Revenues generated by auction offset future vehicles purchases by the City.

Funds Available: N/A Account #: Various Accounts
Reviewed by: ____ City Manager

Page 46 ends

Item # 8.
277527.1
RESOLUTION NO. 2022-009

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

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

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

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

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

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

ADOPTED as a resolution of the City Council of the City of Grass Valley at a regular meeting held on the 22
nd day of March 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING: ____________________________
Ben Aguilar, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ ____________________________ Michael G. Colantuono, City Attorney Taylor Day, Deputy City Clerk

Page 47 ends

Item # 8.

SURPLUS VEHICLES FOR AUCTION
VEHICLE # YEAR/MAKE/MODEL LICENSE# OPERABLE CONDITION FUEL 0907 2009 FORD F450 1262443 YES FAIR Diesel
0906 2009 FORD F450 1262445 NO BAD ENGINE Diesel
0901 2009 FORD ESCAPE 1262406 NO HYBRID

BATTERY
Unleaded
0905 2009 FORD ESCAPE 1262432 NO HYBRID

BATTERY
Unleaded
0903 2009 FORD ESCAPE 1262433 NO HYBRID

BATTERY
Unleaded
0001 2000 FORD EXPLORER 1045533 NO BAD CRANK
PULLY
Unleaded
0301 2003 FORD F250 1139983 YES POOR Unleaded
0102 2001 FORD F350 1109741 YES GOOD Diesel
Note: The diesel fueled vehicles no longer meet California emission requirements.

Page 48 ends

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Consideration of Pre-Annexation and Development Agreements with Hansen Bros. Enterprises (HBE) and CalMat tied to the recently approved Southern Sphere of Influence Planning and Annexation Project.

Recommendation: That Council conduct the public hearing and approve both agreements.

Prepared by: Thomas Last, Community Development Director Council Meeting Date: 3/22/2022 Date Prepared: 3/16/2022 Agenda: Public Hearing
Background Information: Since 2013, the City has been working with HBE and CalMat (Vulcan asphalt plant) on the Pre-Annexation and Development Agreements (PDA). The main purposes of the PDAs are to acknowledge these heavy industrial uses and protect their long-term viability. Draft agreement points were presented to past Councils as early as 2014, and the Environmental Impact Reports considered the PDA concepts. As noted in multiple staff reports to the Planning Commission and Council over the past 10 years, it was important to create a long-term plan that would allow expansion and protection of the unique operating characteristics of HBE and CalMat. In 2021, the Planning Commission recommended approval of, and the Council approved, the Southeast Industrial District Combining Zone (SEID) that created a special zone for these properties (included in Exhibit C of the agreements). The SEID is the primary tool used to provide immediate protection of the uses. A PDA provides longer term protection.

Though most development agreements used by other agencies are generally less than 50 years, the attached agreements would expire in 2095 (73 years). As noted above, most of the obligations and zoning issues that affect these properties have been previously reviewed in the past. Therefore, staff supports the proposed agreements.

Council Goals/Objectives: This action implements the goals and projects in the Strategic Plan associated with improving livability and encouraging economic development and vitality, and having a diverse, sustainable economy.

Fiscal Impact: These agreements do not have a fiscal impact on the City.

Funds Available: N/A Account #: N/A
Reviewed by: __ City Manager
Attachments: 1. Pre-Annexation and Development Agreement with HBE

2. Pre-Annexation and Development Agreement with CalMat

Page 49 ends

Item # 9.
1 276209.1

OFFICIAL BUSINESS
Document entitled to free recording
Government Code § 6103

RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
Attn: City Clerk

P R E - A N N E X A T I O N & D E V E L O P M ENT A G R E E M E N T This Pre-annexation and Development Agreement (“Agreement”) is dated for the convenience of the Parties this __ day of ___________, 2022, by and between the CITY OF GRASS VALLEY (“City”) and CalMat Co. (“CalMat” or “Developer”), CalMat and City are collectively referred to as “the Parties” herein.

R E C I T A L S
A. CalMat owns that certain real property located in the County of Nevada, State of California identified by Assessor Parcel Number (APN) 022-140-021, containing 2.83 acres, more or less, and more particularly described on the attached Exhibit A (the “Annexation Property”). The Annexation Property is not presently located within the jurisdictional boundaries of the City, and is depicted on the attached Exhibit B.

B. The Nevada County Local Agency Formation Commission (“LAFCO”) is the local agency responsible for designating the Sphere of Influence (“SOI”) of the City and approving changes to the boundaries of the City, according to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§ 56000-57550 [“CKH”]). It is anticipated that LAFCO will approve annexation of the Annexation Property into the City limits in 2022.

C. A portion of the Annexation Property has been developed for various existing industrial uses. The Existing Property is located within the City's SOI, is designated as Manufacturing/Industrial in the City’s General Plan and is proposed to be pre-zoned General Industrial in accordance with the Southeast Industrial District Combining Zone. The operative provisions of the Southeast Industrial District Combining Zone are attached hereto as Exhibit C.

The City previously analyzed the environmental effects of development of the Annexation Property in that certain Environmental Impact Report (“EIR”) (State Clearinghouse No. 2013052057) prepared for the City of Grass Valley Southern Sphere of Influence Planning and Annexation Project (the “Project”). The City certified the EIR for the Project on March 11, 2014.

D. The Parties intend for this Agreement to document their mutual intent to grant CalMat a Vested Right to use and develop the Annexation Property, and to preclude changes to the Land Use Regulations applicable to the Annexation Property which are contrary to this

Page 50 ends

Item # 9.
2 276209.1
Agreement. CalMat’s desire is to have the City annex the Annexation Property and therefore to obtain protection against future changes in the regulations governing the use and development of the Annexation Property, and the City desires to provide CalMat assurances concerning the future uses of the Annexation Property. The Parties desire for such regulatory changes to result solely from mutually agreed-upon changes to the City General Plan at such time as development of the Annexation Property becomes foreseeable.

E. This Agreement is intended to set forth the Parties’ understanding concerning the City’s regulation of the Annexation Property, and to avoid any confusion, misunderstandings or disputes between CalMat and the City concerning the annexation of the Annexation Property or attendant matters.

F. The terms and conditions of this Agreement have been reviewed by CalMat and the City, including disclosure at a noticed public hearing, and they each have been found to be fair, just and reasonable. Both Parties intend to be bound hereafter by the terms, conditions, and provisions contained in this Agreement.

G. The City Council has determined that this Agreement is consistent with the City’s General Plan and is in the public interest of the City and its residents and that adopting this Agreement constitutes a lawful and appropriate exercise of its police power as an administrative act.

NOW, THEREFORE, in consideration of the above Recitals, which are true and correct and incorporated hereinafter into the terms of this Agreement, and of the following mutual covenants, benefits and burdens, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

A G R E E M E N T

1. BASIC PURPOSES. The purposes of this Agreement shall be to (a) grant CalMat a Vested Right to the Annexation Property, which shall become operative on the Effective Date and terminate upon the expiration of the Term, and (b) to provide for the annexation of the Annexation Property into the City limits.

2. DEFINITIONS.

Page 51 ends

Item # 9.
3 276209.1
c. “City” shall mean the City of Grass Valley, California, a municipal corporation and a charter city or, depending on context, land within the territorial limits of the City of Grass Valley, in Nevada County, California.
d. “County” shall mean the County of Nevada, a political subdivision of the State of California or, depending on context, land within the territorial limits of the County of Nevada, California.
e. “Effective Date” shall be the date after execution upon which this Agreement is recorded by the City Clerk with the County Recorder’s Office pursuant to the City’s Development Code Section 17.76.060.
f. “General Plan” shall mean the General Plan for the City. g. “CalMat” shall mean CalMat, Co. and its successors and assigns. h. “Land Use Regulations” shall mean City’s General Plan, Zoning (as modified by the Southeast Industrial District Combining Zone), and all of those ordinances, resolutions, codes, rules, regulations and policies of the City governing the development and use of Annexation Property, including, without limitation, the permitted uses of any property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the development of property within the City.
i. “Party” shall mean either the City or CalMat.
j. “Parties” shall mean the City and CalMat.
k. “Vested Right” shall mean the right of CalMat, its successors and assigns to use and develop its property as defined in Section 4, subject only to the limitations set forth in Section 4 of this Agreement.

Additional Defined Terms. To the extent that any terms contained in this Agreement are not defined above, such terms shall have the meaning otherwise ascribed to them in this Agreement, by California law, or by their common dictionary meanings.

3. TERM OF AGREEMENT
a. This Agreement shall commence on the Effective Date and shall expire at 11:59 pm on December 31, 2095, unless extended in writing by the Parties.

4. POST-ANNEXATION OBLIGATIONS AND COMMITMENTS OF CITY.

Upon the Effective Date, City agrees that CalMat shall have a Vested Right to use and develop the Annexation Property in accordance with the Land Use Regulations as they exist on

Page 52 ends

Item # 9.
4 276209.1
the date that the ordinance adopting the Southeast Industrial District Combining Zone is approved (the “Vested Right”). City agrees, for the Term of this Agreement, that it will not apply any rules, regulations, requirements, standards or specifications to the Annexation Property which conflict with the Vested Right, except:
a. If the failure to do so would threaten public health, safety, or both; b. As needed to comply with state or federal law; or
c. As agreed upon in writing by CalMat.

5. ADDITIONAL CITY COMMITMENTS. The Vested Right includes the following additional commitments by City related to the Annexation Property, which shall only be limited as provided in Section 4:
a. City agrees not to impose, levy, or collect any fee, charge, tax or assessment (including, but not limited to, a standby charge) related to a City service or utility except in exchange for service requested by and provided to CalMat. City agrees that in the event that CalMat requests such service, any fee, charge, tax, or assessment imposed by City shall not exceed the standard connection fees.
b. City agrees not to impose, levy, or collect any fee, charge, tax or assessment (including, but not limited to, a standby charge) related to the financing of a public improvement or facility, or the operation or maintenance of a public improvement or facility. c. City agrees not to require the dedication of, or take rights-of-way or other property for public use. Notwithstanding the foregoing, the City may require the dedication of right-of-way as part of the City’s Development Review process for any discretionary project, including a new building or an addition to an existing building, of more than 5,000 square feet. d. City agrees not to modify or alter, or require any modification or alteration of any driveway access that currently exists on the Annexation Property as of the Effective Date.

CalMat may alter, modify, or create driveways on the annexation Property after obtaining an encroachment permit from the City.
e. The Parties agree to cooperate in good faith regarding the design of improvements to La Barr Meadows Road, provided that sufficient funding becomes available to complete such improvements in a timely fashion. Such cooperation shall be subject to a written agreement between the Parties setting forth the terms of cost participation, construction staging, right-of-way alterations, and other matters, which may include other property owners in the vicinity. Notwithstanding the foregoing, City agrees that improvements to La Barr Meadows Road shall not restrict turning movements into or out of the Annexation Property. f. City agrees not to impose any restriction or limitation on the hours of operation, number of employees, the number of vehicle or truck trips, number of customers,

Page 53 ends

Item # 9.
5 276209.1
noise, dust, lights, odor, vibrations, or the amount or volume of material hauled in or out of the Annexation Property.
g. City agrees to pay for application processing and environmental review of the annexation of the Annexation Property.

6. SPECIFIC PERFORMANCE. Parties agree and acknowledge this Agreement relates to unique land use and jurisdictional issues and that remedies at law, even if available, would be inadequate in the event of a breach. Hence, since it may be impractical or impossible to restore matters to their status quo ante, once this Agreement is in full force and effect, the Parties acknowledge that specific performance shall be appropriate for the enforcement of this Agreement. This Section shall not limit any other rights, remedies, or causes of action that either Party may have.

7. MISCELLANEOUS PROVISIONS.
a. Severability. It is the intent of the Parties that the remaining terms, provisions, covenants and conditions of this Agreement remain in effect, valid, and enforceable in the event that any term, provision, covenant or condition of this Agreement is determined to be invalid, void or unenforceable. The City Council declares that it would have adopted this Agreement and each section, subsection, sentence, clause, phrase, part or portion hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. b. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted pursuant to the laws of the State of California. This Agreement shall be deemed to have been executed in Nevada County, California. This Agreement shall be construed as a whole according to its fair language and common meanings to achieve the objectives and purposes of the Parties hereto, and shall be interpreted as if mutually drafted by the Parties, all Parties having been represented by counsel in the negotiation and preparation hereof.
c. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement. d. Waiver. Failure of a Party to insist upon the strict performance of any term, covenant, condition or provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute waiver of such Party’s right to insist on and demand strict compliance by the other Party with that particular term, covenant, condition, provision or with any other part of this Agreement thereafter. e. No Third Party Beneficiaries; Recordation; Assignment. This Agreement is made and entered into for the sole protection and benefit of the Parties and the successors and assigns in the Annexation Property or of the City. No other person shall have any right of action based upon any provision of this Agreement. This Agreement constitutes a covenant regarding the use and development of the Property and shall run with the land. City shall record this

Page 54 ends

Item # 9.
6 276209.1
Agreement no less than ten (10) days after it is executed by the Mayor. The Mayor shall execute this Agreement within ten (10) days of receipt of the Agreement from the City Council.

CalMat’s assignment of this Agreement shall be in substantially the form attached hereto as Exhibit D, and shall be effective upon the delivery of written notice of the same to the City. f. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement provided, however, that Vulcan may not, without the written consent of the City, transfer any interest in this Agreement other than by conferring an interest in the Annexation Property.
g. Further Actions and Instruments. Each of the Parties shall cooperate and provide reasonable assistance to the other as allowed by applicable laws, rules, and regulations, to the extent contemplated hereunder in the performance of all obligations under this Agreement.

Upon the request of either Party at any time, and as allowed by applicable laws, rules, and regulations, the other Party shall promptly execute, with acknowledgement or affidavit, if reasonably required, and file or record such required instruments and take any action as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
h. Amendments in Writing. This Agreement may be amended, including extension of the Term, only by written consent of both Parties. (Signature Page Follows)

Page 55 ends

Item # 9.
7 276209.1
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above, by and between:

CITY:

CITY OF GRASS VALLEY, a municipal corporation
By ___________________, Mayor of Grass Valley
Dated: _________________, 2022
ATTESTED: By ___________________, City Clerk On _____________, 2022 APPROVED AS TO FORM:

By ___________________, City Attorney
CALMAT:

CalMat Co.
_________________________,
Its: ______________________
Dated: ________________, 2022
APPROVED AS TO FORM:

By ___________________
David P. Temblador, Esq.

Dated: ________________, 2022

Page 56 ends

Item # 9.

Page 57 ends

Item # 9.

EXHIBIT B

Page 58 ends

Item # 9.
10 276209.1
Exhibit C
Southeast Industrial District Combining Zone

17.28.080 – Southeast Industrial District (SEID) Combining Zone A. Purpose. The Southeast Industrial District (SEID) Combining Zone applies to the area east of La Barr Meadows Road and west of Empire Mine State Park in the vicinity of Amsel Way as depicted in Figure 2-1. This Combining Zone is intended to permit the continuation, intensification and expansion of the uses of properties within the Combining Zone according to the Permitted Uses established for the Combining Zone.

Figure 2-1. Southeast Industrial District
B. Permitted Uses. All uses in Table 2-10 are allowed by right as noted in the M-1 and M2 Zone of the Development Code as designated by the Grass Valley Development Code Section 17.24.030, with the addition of the following permitted uses, which shall also be allowed by right:

Page 59 ends

Item # 9.
11 276209.1

1. Concrete, Gypsum and Plaster Product Manufacturing, including asphalt production.

2. Crushing, sorting and recycling of concrete, asphalt, and construction materials.

3. Outdoor storage and sales of building and landscape materials including the import, export, and storage of aggregate products, rock, dirt, sand and or soil without a grading or stockpile permit.

4. Stump grinding, brush chipping, and the manufacturing, storage and sale of materials incidental to building and landscape materials sales.

5. Incidental burning of stumps, brush, and other dry woody materials.1

6. Vehicle Services.

7. Manufacturing and Processing- Heavy, including manufacturing of equipment incidental to permitted uses in the Combining Zone.

8. Fuel Dealership.

9. Construction, Farm and Heavy Equipment Sales and Rental.

10. Bio-mass energy generation.

11. All other uses permitted in the City’s C.B.P, M-1 and M-2 Zone without a permit.

12. Storage-Personal Storage Facility.

13. Storage-Outdoor

14. Communication or Antenna towers

15. All other existing uses and activities
C. Performance Standards Exemption for Existing Uses.

1. Except as provided by State law, development within the SEID Combining Zone shall be subject to the Performance Standards specified in the Grass Valley Development Code Sections 17.030.070 and 17.030.090, except as those Sections are specifically modified by the Performance Standards contained in Section C.2 below (“SEID Combining Zone Performance Standards”). In the event of a conflict between Sections 17.030.070 and

17.030.090 and the SEID Combining Zone Performance Standards, the SEID Combining Zone Performance Standards shall apply.

2. SEID Combining Zone Performance Standards:

A. Setbacks.

1. Building Setbacks. Front and side building setbacks shall be a minimum of fifteen (15) feet from the back of curb.

2. Parking setbacks. Front and side parking setbacks shall be a minimum of five (5) feet from the curb. Parking shall be allowed in the front setback if separated by a minimum five (5) foot wide landscape area or walkways.

3. Creek and riparian setbacks. Buildings must have a minimum setback of thirty (30) feet from creek and riparian zones.

B. Fences, Walls and Screening.

1. Eight (8) foot chain-link fencing shall be allowed
1 Note: May require a Burn Permit from the Northern Sierra Air Quality Management District.

Page 60 ends

Item # 9.
12 276209.1

2. Walls over forty-eight (48) inches shall be allowed without benching for retaining walls so that retaining walls over six (6) feet may be allowed. Bunker walls on frontages shall have an eight (8) foot maximum.

3. Screening shall not be required for any Existing Uses or future uses.

C. Outdoor Lighting. Existing Uses shall not be required to conform to City standards related to lighting or noise, except as necessary to maintain compliance with worker safety requirements under state law.

D. Dust. Developments in the SEID Combing Zone must, at a minimum, comply with NSAQMD requirements.

E. Vibrations. Shall be allowed to continue based on Existing Uses.

F. Odors. Shall be allowed to continue with similar or same as Existing Uses. Asphalt, manure, and other industrial uses and products may be allowed to have an odor that may be noticeable beyond the property line.

G. Solid Waste and Recycling. Solid waste and recycling facilities may be allowed to abut residential with a one hundred (100) foot buffer/setback.

H. Signs and flagpoles. Second story and roof signs shall be allowed. Up to three hundred (300) square feet of signage shall be allowed per parcel. No irrigated landscaping shall be required around the base of signs. Existing non-conforming signs may remain and can be maintained or replaced. There shall be no height limit imposed on flagpoles.

I. Outdoor Displays and material storage. Outdoor displays shall have no maximum height. All outdoor displays shall be allowed in setbacks and anywhere that does not disrupt traffic circulation, parking, or walkways. Cargo containers shall be allowed for rental or sale. Material storage shall be allowed in setbacks.

J. Processing facilities. Processing Facilities shall be allowed to abut residential areas with a one hundred (100) foot buffer/setback. There shall be no maximum number or volume of inbound or outbound shipments, or maximum size of the Processing Facilities.

K. Hillside and Ridgeline Development. No building shall be allowed on slopes greater than thirty (30) percent. There shall be no maximum retaining wall height or bench minimum. Grading may be allowed on slopes exceeding thirty (30) percent.

L. Grading. Grading shall be allowed to occur between October 15 and April 15 when weather conditions permit, and adequate Best Management Practices are utilized.

Grading must meet requirements of the California Construction General Permit for Stormwater Discharges. All environmentally sensitive areas must be avoided, or mitigation measures must be implemented and therefore grading may occur within thirty (30) feet of environmentally sensitive areas when appropriately mitigated.

Page 61 ends

Item # 9.
13 276209.1
M. Subdivision Standards. No traffic calming measure shall be required for subdivisions.

No pedestrian walkways or bike paths, or funding for either, shall be required for subdivisions. Parcels shall not be required to have gas, electric or sewer connections if already adequately served by existing utilities or can be served by existing of future private water wells and septic systems. City street names will be selected by the developer and approved by the City Council.

N. Parking.

1. Building and Landscape Material Display and Outdoor Storage shall require:
one parking space per every 5,000 square feet of bulk material (bunkers or stockpiles).

2. On Street Parking (local road/driveway) shall be permitted without director approval and included in the parking space count.

3. Rental Equipment Parking: Parking spaces may be gravel.

4. Vehicle Service Repair: No minimum number of spaces shall be required.

5. Loading Areas: Loading areas shall be allowed anywhere except where they encroach into stalls or driveways.

O. Noise. Existing Uses or future uses shall not be required to conform to City standards related to noise, except as necessary to maintain compliance with worker safety requirements under state law.

P. Hours of Operation. There shall be no restriction on hours or days of operations for Existing Uses or future uses.

Q. Open Space and Natural Areas. Areas left open or in natural condition shall be planned and included as a buffer between land uses and/or biological mitigation areas and therefore performance standards relating to adequate traffic and circulation, fire protection devices, utility and drainage mapping, trails, benches, lighting, trash receptacles, shall not be required. All open space areas can be maintained by mechanical thinning, clearing, grazing, or hand removal without a permit. All open space areas may include onsite wastewater disposal and wells.

D. Project Review. Equipment or structures related to manufacturing concrete products or processing landscaping and building materials, including rock crushers, asphalt plants, batch plant structures, repairs shops, office spaces, or similar equipment or buildings that is customary and incidental to such use, may be installed subject only to the issuance of a building permit. Notwithstanding Subsection C, the addition of all other buildings or structures shall be subject to the standards in Chapter 17.30 and discretionary review by the following individual or body:

1. Community Development Director. New buildings or additions to existing buildings of 10,000 square feet or less.

Page 62 ends

Item # 9.
14 276209.1

2. Development Review Committee. New buildings or additions to existing buildings of between 10,001 and 20,000 square feet.

3. Planning Commission. New buildings or additions to existing buildings of more than 20,001 square feet.

Page 63 ends

Item # 9.
15 276209.1
Exhibit D
Assignment and Assumption Agreement
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the “Assignment”) is entered into this ___ day of __, 202_, by and between ________ (hereinafter “Developer”), and _________________ [NAME OF ASSIGNEE], a ______________________ (hereinafter “Assignee”), with respect to the following facts:

RECITALS
A. On ______________, 2022, the City of Grass Valley and Developer entered into that certain agreement entitled “Pre-Annexation and Development Agreement By and Between the City of Grass Valley and CalMat Co.” (hereinafter the “Development Agreement”). Pursuant to the Development Agreement, Developer agreed that development of certain property more particularly described in the Development Agreement (hereinafter, the “Property”) would be subject to certain conditions and obligations as set forth in the Development Agreement. The Development Agreement was recorded against the Property in the Official Records of Nevada County on _______, 202__, as Document No. __________.

B. Developer intends to convey a portion of the Property to Assignee, as identified in Exhibit A attached hereto and incorporated herein by this reference (hereinafter, the “Assigned Parcel(s)”).

C. Developer desires to assign and Assignee desires to assume all of Developer’s right, title, interest, burdens and obligations under the Development Agreement with respect to and as related to the Assigned Parcel(s).

ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, for valuable consideration, Developer and Assignee hereby agree as follows:

1. Assignment. Developer hereby assigns, effective as of Developer’s conveyance of the Assigned Parcel(s) to Assignee, all of the rights, title, interests, burdens and obligations of Developer under the Development Agreement with respect to the Assigned Parcel(s). Developer retains all the rights, title, interests, burdens and obligations of Developer under the Development Agreement with respect to all other property within the Property owned by Developer.

2. Assumption. Assignee hereby assumes all of the rights, title, interests, burdens and obligations of Developer under the Development Agreement with respect to the Assigned Parcel(s), and agrees to observe and fully perform all of the duties and obligations of Developer under the Development Agreement with respect to the Assigned Parcel(s), and to be subject to all the terms and conditions thereof with respect to the Assigned Parcel(s).

3. Release and Substitution. The parties intend hereby that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s) to Assignee, Developer shall be released from any and all obligations under the Development Agreement arising from and after the effective date of this transfer with respect to the Assigned Parcel(s) and that Assignee shall become substituted for Developer as the “Developer” under the Development Agreement with respect to the Assigned Parcels.

Page 64 ends

Item # 9.
16 276209.1

4. Binding on Successors. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

5. Notice Address. The Notice Address described for “Developer” with respect to the Assigned Parcel(s) shall be:
[Name of Assignee]
______________________
______________________
Attn: _________________
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written. This Agreement may be signed in identical counterparts.

DEVELOPER:
[NAME OF DEVELOPER],
a _________________
By: _______________
Name: _____________
Title: ______________
ASSIGNEE:
[NAME OF ASSIGNEE],
a ________________
By: _______________
Name: _____________
Title: ______________

Page 65 ends

Item # 9.
1 OFFICIAL BUSINESS
Document entitled to free recording
Government Code § 6103

RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
Attn: City Clerk

P R E - A N N E X A T I O N & D E V E L O P M ENT A G R E E M E N T This Pre-annexation and Development Agreement (“Agreement”) is dated for the convenience of the Parties this __ day of ___________, 2022, by and between the CITY OF GRASS VALLEY (“City”) and JEFF HANSEN and HANSEN BROS. ENTERPRISES (collectively “Hansen” or “Developer”), Hansen and City are collectively referred to as “the Parties” herein.

R E C I T A L S
A. Hansen owns that certain real property located in the County of Nevada, State of California identified by Assessor Parcel Number (APN) 022-140-008, 022-140-010, 022-140- 011, 022-140-012, 022-140-022, 022-140-025, 022-140-035, 022-160-005, 022-200-036, 022- 200-037, 022-200-066, 022-230-010, 022-230-052, and 022-230-053, containing 161.99 acres, more or less, and more particularly described on the attached Exhibit A-1 (the “Existing Property”). Hansen also owns that certain real property located in the County of Nevada, State of California identified by APN 009-620-003 and 022-031-009, containing 25.80 acres, more or less, and more particularly described on the attached Exhibit A-2 (the “Expansion Property”).

The Existing Property and Expansion Property are collectively referred to herein as the “Annexation Property”. The Annexation Property is not presently located within the jurisdictional boundaries of the City, and is depicted on the attached Exhibit B.

LAFCO disfavors the annexation of property which is not likely to be developed within the succeeding five years. The Parties anticipate the annexation of the Annexation Property into the City limits within the next five years.

C. A portion of the Existing Property has been developed for various existing industrial uses and the Expansion Property is presently undeveloped and vacant. The Expansion Property is located outside the City's SOI, is currently designated in the County's General Plan for residential development, and is zoned by the County for residential use. The Existing Property is located within the City's SOI, is designated as Manufacturing/Industrial, Open Space,

Page 66 ends

Item # 9.
2 and Medium Density Residential in the City's General Plan and is proposed to be pre-zoned General Industrial with potential buffers of Light Industrial and/or Open Space zoning in accordance with the Southeast Industrial District Combining Zone and the operative provisions of which are attached hereto as Exhibit C. The City previously analyzed the environmental effects of development of the Existing Property in that certain Environmental Impact Report (“EIR”) (State Clearinghouse No. 2013052057) prepared for the City of Grass Valley Southern Sphere of Influence Planning and Annexation Project (the “Project”). The City certified the EIR for the Project on March 11, 2014.

D. The Expansion Property is located outside of the current SOI and is not a part of the City’s General Plan. The Parties desire to expand the City’s SOI to include the Expansion Property. The City will include Expansion Property and SOI amendment as part of the overall update to the project initiated in 2020.

E. The Parties intend for this Agreement to document their mutual intent to grant Hansen a Vested Right to use and develop the Annexation Property, and to preclude changes to the Land Use Regulations applicable to the Annexation Property which are contrary to this Agreement. Hansen’s desire is to have the City annex the Annexation Property and therefore to obtain protection against future changes in the regulations governing the use and development of the Annexation Property, and the City desires to provide Hansen assurances concerning the future uses of the Annexation Property. The Parties desire for such regulatory changes to result solely from mutually agreed-upon changes to the City General Plan at such time as development of the Annexation Property becomes foreseeable or annexation of the Annexation Property would otherwise be permitted by LAFCO.

F. This Agreement is intended to set forth the Parties’ understanding concerning the City’s regulation of the Annexation Property, and to avoid any confusion, misunderstandings or disputes between Hansen and the City concerning the future annexation of the Annexation Property or attendant matters.

G. The terms and conditions of this Agreement have been reviewed by Hansen and the City, including disclosure at a noticed public hearing, and they each have been found to be fair, just and reasonable. Both Parties intend to be bound hereafter by the terms, conditions, and provisions contained in this Agreement.

H. The City Council has determined that this Agreement is consistent with the City’s General Plan and is in the public interest of the City and its residents and that adopting this Agreement constitutes a lawful and appropriate exercise of its police power as an administrative act.

Page 67 ends

Item # 9.
3 A G R E E M E N T

1. BASIC PURPOSES. The purposes of this Agreement shall be to (a) grant Hansen a Vested Right to the Annexation Property, which shall become operative on the Effective Date and terminate upon the expiration of the Term, and (b) to provide for the annexation of the Annexation Property into the City limits.

2. DEFINITIONS.

Defined Terms. The following terms used in this Agreement, unless the context otherwise requires, shall have the following meanings:
a. “Agreement” shall mean this Pre-annexation and Development Agreement, including all Exhibits attached hereto.
b. “Annexation Property” shall mean both the Existing and Expansion Properties and is the real property described on Exhibit A-1 and A-2, and also depicted on Exhibit B.
c. “City” shall mean the City of Grass Valley, California, a municipal corporation and a charter city or, depending on context, land within the territorial limits of the City of Grass Valley, in Nevada County, California.
d. “County” shall mean the County of Nevada, a political subdivision of the State of California or, depending on context, land within the territorial limits of the County of Nevada, California.
e. “Effective Date” shall be the date after execution upon which this Agreement is recorded by the City Clerk with the County Recorder’s Office pursuant to the City’s Development Code Section 17.76.060.
f. “Existing Property” shall mean the real property described on Exhibit A-1 and depicted on Exhibit B.
g. “Expansion Property” shall mean the real property described on Exhibit A-2 and depicted on Exhibit B.
h. “General Plan” shall mean the General Plan for the City. i. “Hansen” shall mean Jeff Hansen and Hansen Bros. Enterprises, or their successors and assigns.
j. “Land Use Regulations” shall mean City’s General Plan, Zoning (as modified by the Southeast Industrial District Combining Zone), and all of those ordinances, resolutions, codes, rules, regulations and policies of the City governing the development and use of property, including, without limitation, the permitted uses of any property, the density or

Page 68 ends

Item # 9.
4 intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to the development of property within the City.
k. “Party” shall mean either the City or Hansen.
l. “Parties” shall mean the City and Hansen.
m. “Vested Right” shall mean the right of Hansen, its successors and assigns to use and develop its property as defined in Section 5, subject only to the limitations set forth in Section 5 of this Agreement.

3. TERM OF AGREEMENT
a. This Agreement shall commence on the Effective Date and shall expire at 11:59 pm on December 31, 2095, unless extended in writing by the Parties.

4. PRE-ANNEXATION OBLIGATIONS AND COMMITMENTS.

The Parties agree and acknowledge as follows:
a. Pursuant to the Pre-Annexation Processing Agreement, dated May 12, 2020, the City will initiate proceedings under the CKH Act, or its successor, for the expansion of the City’s SOI to include the Expansion Property. The Parties desire for LAFCO to include the Expansion Property in the City’s SOI, and agree not to pursue or allow any change to the City’s SOI that would exclude the Expansion Property.

5. POST-ANNEXATION OBLIGATIONS AND COMMITMENTS OF CITY.

Upon the Effective Date, City agrees that Hansen shall have a Vested Right to use and develop the Annexation Property in accordance with the Land Use Regulations as they exist on the date that the ordinance adopting the Southeast Industrial District Combining Zone is approved (the “Vested Right”). City agrees, for the Term of this Agreement, that it will not apply any rules, regulations, requirements, standards or specifications to the Annexation Property which conflict with the Vested Right, except:
a. If the failure to do so would place residents of the City in a condition dangerous to their health, safety, or both;

Page 69 ends

Item # 9.
5 b. As needed to comply with state or federal law; or
c. As agreed upon in writing by Hansen.

6. ADDITIONAL CITY COMMITMENTS. The Vested Right includes the following additional commitments by City related to the Annexation Property, which shall only be limited as provided in Section 5:
a. City agrees not to impose, levy, or collect any fee, charge, tax or assessment (including, but not limited to, a standby charge) related to a City service or utility except in exchange for service requested by and provided to Hansen. City agrees that in the event that Hansen requests such service, any fee, charge, tax, or assessment imposed by City shall not exceed the standard connection fees.
b. City agrees not to impose, levy, or collect any fee, charge, tax or assessment (including, but not limited to, a standby charge) related to the financing of a public improvement or facility, or the operation or maintenance of a public improvement or facility. c. City agrees not to require the dedication of, or take rights-of-way or other property for public use. Notwithstanding the foregoing, the City may require the dedication of right-of-way as part of the City’s Development Review process for any discretionary project, including a new building or an addition to an existing building, of more than 5,000 square feet. d. City agrees not to modify or alter, or require any modification or alteration of, any driveway access that currently exists on the Annexation Property as of the Effective Date.

Hansen may alter, modify, or create driveways on the annexation Property after obtaining an encroachment permit from the City.
e. The Parties agree to cooperate in good faith regarding the design of improvements to La Barr Meadows Road, provided that sufficient funding becomes available to complete such improvements in a timely fashion. Such cooperation shall be subject to a written agreement between the Parties setting forth the terms of cost participation, construction staging, right-of-way alterations, and other matters, which may include other property owners in the vicinity. Notwithstanding the foregoing, City agrees that improvements to La Barr Meadows Road shall not restrict turning movements into or out of the Annexation Property. f. City agrees not to impose any restriction or limitation on the hours of operation, number of employees, the number of vehicle or truck trips, number of customers, noise, dust, lights, odor, vibrations, or the amount or volume of material hauled in or out of the Annexation Property.
g. City agrees to pay for application processing and environmental review of the SOI expansion and the annexation of the Annexation Property.

7. SPECIFIC PERFORMANCE. Parties agree and acknowledge this Agreement relates to unique land use and jurisdictional issues and that remedies at law, even if available,

Page 70 ends

Item # 9.
6 would be inadequate in the event of a breach. Hence, since it may be impractical or impossible to restore matters to their status quo ante, once this Agreement is in full force and effect, the Parties acknowledge that specific performance shall be appropriate for the enforcement of this Agreement. This Section shall not limit any other rights, remedies, or causes of action that either Party may have.

8. MISCELLANEOUS PROVISIONS.
a. Severability. It is the intent of the Parties that the remaining terms, provisions, covenants and conditions of this Agreement remain in effect, valid, and enforceable in the event that any term, provision, covenant or condition of this Agreement is determined to be invalid, void or unenforceable. The City Council declares that it would have adopted this Agreement and each section, subsection, sentence, clause, phrase, part or portion hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions may be declared invalid or unconstitutional. b. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted pursuant to the laws of the State of California. This Agreement shall be deemed to have been executed in Nevada County, California. This Agreement shall be construed as a whole according to its fair language and common meanings to achieve the objectives and purposes of the Parties hereto, and shall be interpreted as if mutually drafted by the Parties, all Parties having been represented by counsel in the negotiation and preparation hereof.
c. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement. d. Waiver. Failure of a Party to insist upon the strict performance of any term, covenant, condition or provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute waiver of such Party’s right to insist on and demand strict compliance by the other Party with that particular term, covenant, condition, provision or with any other part of this Agreement thereafter. e. No Third Party Beneficiaries; Recordation; Assignment. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. This Agreement constitutes a covenant regarding the use and development of the Property and shall run with the land. City shall record this Agreement no less than ten (10) days after it is executed by the Mayor. The Mayor shall execute this Agreement within ten (10) days of receipt of the Agreement from the City Council. Hansen’s assignment of this Agreement shall be in substantially the form attached hereto as Exhibit D, and shall be effective upon the delivery of written notice of the same to the City.
f. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement.

Page 71 ends

Item # 9.
7 g. Further Actions and Instruments. Each of the Parties shall cooperate and provide reasonable assistance to the other as allowed by applicable laws, rules, and regulations, to the extent contemplated hereunder in the performance of all obligations under this Agreement.

Page 72 ends

Item # 9.
8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above, by and between:

CITY:

By ___________________, City Attorney
HANSEN:

JEFF HANSEN, President Hansen Bros. Enterprises
______________________________
Dated: ________________, 2022
APPROVED AS TO FORM:

By ___________________
David P. Temblador, Esq.

Dated: ________________, 2022

Page 73 ends

Item # 9.

Page 74 ends

Item # 9.

Page 75 ends

Item # 9.

Page 76 ends

Item # 9.

Page 77 ends

Item # 9.

EXHIBIT B

Page 78 ends

Item # 9.
11 Exhibit C
Southeast Industrial District Combining Zone

Page 79 ends

Item # 9.
12 1. Concrete, Gypsum and Plaster Product Manufacturing, including asphalt production.

2. Crushing, sorting and recycling of concrete, asphalt, and construction materials.

3. Outdoor storage and sales of building and landscape materials including the import, export, and storage of aggregate products, rock, dirt, sand and or soil without a grading or stockpile permit.

4. Stump grinding, brush chipping, and the manufacturing, storage and sale of materials incidental to building and landscape materials sales.

5. Incidental burning of stumps, brush, and other dry woody materials.1

6. Vehicle Services.

7. Manufacturing and Processing- Heavy, including manufacturing of equipment incidental to permitted uses in the Combining Zone.

8. Fuel Dealership.

9. Construction, Farm and Heavy Equipment Sales and Rental.

10. Bio-mass energy generation.

11. All other uses permitted in the City’s C.B.P, M-1 and M-2 Zone without a permit.

12. Storage-Personal Storage Facility.

13. Storage-Outdoor

14. Communication or Antenna towers

15. All other existing uses and activities
C. Performance Standards Exemption for Existing Uses.

17.030.090 and the SEID Combining Zone Performance Standards, the SEID Combining Zone Performance Standards shall apply.

2. SEID Combining Zone Performance Standards:

A. Setbacks.

1. Building Setbacks. Front and side building setbacks shall be a minimum of fifteen (15) feet from the back of curb.

3. Creek and riparian setbacks. Buildings must have a minimum setback of thirty (30) feet from creek and riparian zones.

B. Fences, Walls and Screening.

1. Eight (8) foot chain-link fencing shall be allowed
1 Note: May require a Burn Permit from the Northern Sierra Air Quality Management District.

Page 80 ends

Item # 9.
13 2. Walls over forty-eight (48) inches shall be allowed without benching for retaining walls so that retaining walls over six (6) feet may be allowed. Bunker walls on frontages shall have an eight (8) foot maximum.

3. Screening shall not be required for any Existing Uses or future uses.

D. Dust. Developments in the SEID Combing Zone must, at a minimum, comply with NSAQMD requirements.

E. Vibrations. Shall be allowed to continue based on Existing Uses.

G. Solid Waste and Recycling. Solid waste and recycling facilities may be allowed to abut residential with a one hundred (100) foot buffer/setback.

L. Grading. Grading shall be allowed to occur between October 15 and April 15 when weather conditions permit, and adequate Best Management Practices are utilized.

Page 81 ends

Item # 9.
14 M. Subdivision Standards. No traffic calming measure shall be required for subdivisions.

N. Parking.

1. Building and Landscape Material Display and Outdoor Storage shall require:
one parking space per every 5,000 square feet of bulk material (bunkers or stockpiles).

2. On Street Parking (local road/driveway) shall be permitted without director approval and included in the parking space count.

3. Rental Equipment Parking: Parking spaces may be gravel.

4. Vehicle Service Repair: No minimum number of spaces shall be required.

5. Loading Areas: Loading areas shall be allowed anywhere except where they encroach into stalls or driveways.

O. Noise. Existing Uses or future uses shall not be required to conform to City standards related to noise, except as necessary to maintain compliance with worker safety requirements under state law.

P. Hours of Operation. There shall be no restriction on hours or days of operations for Existing Uses or future uses.

1. Community Development Director. New buildings or additions to existing buildings of 10,000 square feet or less.

Page 82 ends

Item # 9.
15 2. Development Review Committee. New buildings or additions to existing buildings of between 10,001 and 20,000 square feet.

3. Planning Commission. New buildings or additions to existing buildings of more than 20,001 square feet.

Page 83 ends

Item # 9.
16 Exhibit D
Assignment and Assumption Agreement
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (hereinafter, the “Assignment”) is entered into this ___ day of __, 21__, by and between ________ (hereinafter “Developer”), and _________________ [NAME OF ASSIGNEE], a ______________________ (hereinafter “Assignee”), with respect to the following facts:

RECITALS
A. On ______________, 2022, the City of Grass Valley and Developer entered into that certain agreement entitled “Pre-Annexation and Development Agreement By and Between the City of Grass Valley and Jeff Hansen and Hansen Bros. Enterprises” (hereinafter the “Development Agreement”). Pursuant to the Development Agreement, Developer agreed that development of certain property more particularly described in the Development Agreement (hereinafter, the “Property”) would be subject to certain conditions and obligations as set forth in the Development Agreement. The Development Agreement was recorded against the Property in the Official Records of Nevada County on _______, 2020, as Document No. __________.

B. Developer intends to convey a portion of the Property to Assignee, as identified in Exhibit A attached hereto and incorporated herein by this reference (hereinafter, the “Assigned Parcel(s)”).

ASSIGNMENT AND ASSUMPTION
NOW, THEREFORE, for valuable consideration, Developer and Assignee hereby agree as follows:

Page 84 ends

Item # 9.
17 4. Binding on Successors. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

Page 85 ends

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Pioneer Community Energy and Community Choice Aggregation for Grass Valley Recommendation: That Council 1) receive a presentation from Pioneer Community Energy on Community Choice Aggregation (CCA); 2) authorize the City Manager to initiate an Implementation Study for the purposes of further evaluation regarding the possibility of the City joining Pioneer Community Energy’s JPA, subject to legal review; 3) authorize the City Manager to sign all documents required to complete the study; and 4) approve the Finance Director to make the necessary budget adjustments and transfers to complete these actions.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 03/22/2022 Date Prepared: 03/17/2022 Agenda: Administrative
Background Information: At the January 25, 2022, City Council meeting, Pioneer Community Energy gave an informational presentation regarding Community Choice Aggregators and the possibility for the City of Grass Valley to join Pioneer’s Joint Powers Authority. The Council requested Pioneer return at a later date to further the discussion.

Community Choice Aggregation (CCA), authorized by Assembly Bill 117, is a state law that allows cities, counties and other authorized entities to aggregate electricity demand within their jurisdictions in order to purchase and/or generate alternative energy supplies for residents and businesses within their jurisdiction while maintaining the existing electricity provider for transmission and distribution services.

The goal of a CCA is to provide options for electrical service providers (i.e. cheaper rates, renewable energy choices, etc.) than Pacific Gas and Electric Company (PG&E).

Under Public Utilities Code section 366.2, customers have the right to opt out of a CCA Program and continue to receive service from PG&E.

Pioneer Community Energy will provide a presentation with additional information about Pioneer and the benefits of Grass Valley joining their JPA and potential next steps.

Attached is the PowerPoint presentation for Council’s reference.

Page 86 ends

Item # 10.

Council Goals/Objectives: The item executes portions of work tasks towards achieving/maintaining Community and Sense of Place as well as Economic Development and Vitality.

Fiscal Impact: The initial fiscal impact for the City is $15,000 to conduct an Implementation Study. There are sufficient funds in the FY 2021/22 Budget Contingency to fund the study.

Funds Available: Yes Account #: Contingency
Reviewed by: Tim Kiser, City Manager
Attachments:

1. Power Point Presentation Slides

Page 87 ends

Item # 10.
3/17/2022
..

Pioneer Community Energy
and City of Grass Valley
March 22, 2022
1 Who is Pioneer? /ONEER
• Pioneer is a Joint Powers Authority (CCA formed in 2017) • Local government, not-for-profit partnership between
Town of Loomis, Cities of Auburn, Colfax, Lincoln,
Placerville and Rocklin, and the Counties of EI Dorado and Placer
• Began providing service in 2018
• Approximately 160,000 accounts
• Approximately 1,900,000 MWh load served
• Electricity rates as of March 2022 average 6 to 10%
below PG&E's rates (depending on power charge
indifference adjustment vintage)
z
z
it Page 88
Item # 10.
3/17/2022
Where is Pioneer?
Pioneer Community Energy
Service Area
Pioneer and PG&E
:°~ Roseville Electric
Liberty Utilities
SMUD
Placer County
/ONEER
•M /p Beuh
ire~h MeaOows ~Tahoa ftv
ras«.,,u
Hee Hw«
Rrurw+~.~
• ~o.,d.
~ Roc#lln !
Hof evilp EAtlrlc Q
~,; Fl Dorado County
sMu,_`~~ Rw..r /~
y •vi.~«.ak ~,.

Service in EI Oorado County and Placerville
Starts January 2022
__ ~
—
3 3
Pioneer's Goals ~h/ONEER
• Providing electric power and other
forms of energy to customers at a
competitive cost;
• Promoting long-term electric rate
stability and energy security and
reliability for residents through local
control of electric generation resources
and the overall power supply portfolio;
• Carrying out programs to reduce
energy consumption;
• Stimulating and sustaining the local
economy by developing local jobs in
renewable energy; and
• Reducing greenhouse gas emissions
related to the use of electric power and
other forms of energy in Placer County
and neighboring regions.
4 4
2 Page 89
Item # 10.
3/17/2022
s`~ioneer's Goals in Action R~/ONEE~
• Provided customers with an estimated $21 million in
savings in discounts to PG&E's rates
• 2022 (projected) -Expected $19 million of savings
• In 2020, issued checks totaling over $192,000 and
issued utility bill credits* totaling over $17,000 to netenergy metering solar customers who generated more energy than they used
• Purchased renewable energy from local resources
stimulating local jobs -recently signed along-term
power purchase agreement with EI Dorado Irrigation
District (hydro project in EI Dorado County) and Sierra Pacific Resources (biomass project in Lincoln)
Why Join Pioneer?
Pioneer JPA Benefits
Rate Stability
Strategically
expanding will 1)
improve reserves to
weather events that
otherwise would
cause rate shock and
2) pay off debt
Power Supply Options
A larger load to serve
attracts options from
credit worthy power
suppliers and better
pricing.
tabs creation
A better margin allows `~~,, C'~~,
Pioneer to invest in ""'
local job creating power
supply projects or
programs
/SNEER .E,~~.

New Member Benefits
Avoid Start-Up Capital
Potential Member avoids
receivables financing and
can partake in Pioneer's
~~ ~ existing infrastructure
compared to spending
~~~., money building their own
~i~'-"-.

Savings Faster
j'~ ~ ;Potential Member
1 f can start enjoying
,~/ better rates much
'--' soonerbyjoining
~% ~ Dual Benefits +pioneer
1~ More Influence
~~ ~%'~ Pioneer and the
Potential Member
together can have more
influence on
regu I ato ry/I egi s lative
issues than each by itself
3 Page 90
Item # 10.
3/17/2022
Pioneer Go~r~r~~ar~~:~
• Pioneer currently has 9
board members
• 1 each for every member
agency
• Placer County has 2 seats
as founding member
• Grass Valley would have
one seat on board
• Expansion only with likemindedareas
~h/ONEEl7
Summary of Process ~/ONEER
Steps 1- 6 occur in 2022 Grass Valley online early 2024 Pioneer Board approves amendment to 1PA
and Amendment to Implementation Plan
* Staff submits implementation panto CPUC
*Receive results of Impact
Assessment Study
` Go/No Go Decision
* Pioneer Board approval to move `Member Agencies vote to forward and MOU by City Council amend JPA toadd Grass Valley Applicant's City Council would
also vote to join Pioneer and
issue Resolution and Ordinance
accordingly
`Staff briefs each Member
Agency with expansion and
language change to JPA
Staff briefs Pioneer's
Expansion Committee
'Hire consultant for Impact 8
Assessment Study
8 0

Page 91 ends

Item # 10.
3/17/2022
• Request that Grass Valley City Council authorize the
City Manager to proceed with an Implementation
Study, at a cost of $15,000 to the City (Pioneer
funds the other $15,000) and come back to the
council with the results of the study and identify the
possible next steps in the process.

Thank You ~IONEEl7
Don Eckert, Executive Director
Pioneer Community Energy
916-758-8969
www.pioneercommunityenergy.ca.~ov
io
~o
5 Page 92
Item # 10.
3/17/2022
''fi/ONEER
11 Rates & PCIA ~/ONEER
• Pioneer's Board voted to set rates, as of March 2022, at a discount that ranges from 6 to 10 percent lower than PG&E for generation
• PG&E has already submitted the next round of rate increases to be implemented in summer 2022
• Power Charge Indifference Adjustment is an added "exit fee" that PG&E collects to offset lost revenue related to departed customers
o Varies by "Vintage Year"
~2
12

Page 93 ends

Item # 10.
3/17/2022
i~G&E vs. Pioneer -March 2022 ~/O/VEER
sidential
(Based on 650 kVJh/month
usage)
..

Standard
Pioneer Green100 PG&E
(Bundled)
Generation Rate ($/kWh) $0.11528 $0.11528 $0.15086
Green100 Rate $0.01088
*PG&E Delivery Rate ($/kWh) $0.17209 $0.17209 $0.17209
PG&E Surcharges ($/kWh) $0.02064 - $0.02653 $0.02QCa4 - $0.0265x Total Electricity Cost ($/kWh) $030801- $031390 $031889 - $.0.32478 $032295 Average Monthly Bill ($) $200.21- $204.04 $207.28 - $211.11 $209.92 Average Annual Savings $70.59 - $116.53 ($14.27) - $31.67 • The savings with Pioneer's Generation rate + PCIA vs. PG&E's Generation rate is between 6 and 10 percent
• PG&E has already submitted their next round of rate increases set for June 2022.
13 13
~ ~'~~' ~" 1 ~ l~ /ONES/?
Rate developed at request of customers
• Similar product not offered by PG&E
• Solely a customer choice program/optional
• $0.01088 per kWh premium
• An average home will pay about $7 more per month
• Standard portfolio is 33% renewable vs. Green100 at 100% renewable
14 14

Page 94 ends

Item # 10.
3/17/2022
SOIa t ~/ONE~E!?
• Over 30,000 solar customers have joined
Pioneer
• Individualized bill analysis has shown solar
customers save with Pioneer
• Pioneer pays 1/z cent more than PG&E for
excess kWh
• Pioneer true-up is monthly vs. PG&E annually
• Pioneer assists customers to understand
energy consumption and billing questions
15 15
Advocacy in Action ~/ONEER
• Public Safety Power Shutoff -Advocated at CPUC & CCAs • Enhanced Powerline Safety Settings (Fast Trips) -Raised issue to CPUC & CCAs
• AB 843 - Co-sponsored biomass funding bill
• Local Spending -First option is local vendors
• River Fire -Waived up to $50,000 in bills
16 16

Page 95 ends

Item # 10.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Police Military Equipment Use Policy (AB481)
Recommendation: That Council 1) Review the proposed Police Department military equipment use policy and associated attachments per the requirements of AB-481; and 2) provide direction to staff related to the Police Departments proposed process to comply with AB-481 and/or any other direction related to the policy and use of equipment as outlined in the staff report and attachments
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: March 22, 2022 Date Prepared: March 16, 2022 Agenda: Administrative
Background Information: In last year’s legislative process, AB481 was passed by the legislature. It was signed into law by the Governor in September 2021. The text of the bill reads in part as follows:
“Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state [and local] agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency. This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.

The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement

Page 96 ends

Item # 11.
agency, as provided, that the military equipment does not comply with the abovedescribed standards for approval.” The bill’s language continues:
“This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.” This law equally applies to local agencies within the state.

Although the bill references the federal law and surplus military program, the plain statutory language that follows in the bill does not draw a distinction to equipment acquired through that process, of which the Grass Valley Police Department does not have any.

Rather, the bill specifically defines a number of enumerated “military equipment” items listed below [codified in Gov. Code Section 7070(c)]. Those items in bold below are items that the Grass Valley Police Department possesses and/or uses in providing effective law enforcement services in the City.
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

Page 97 ends

Item # 11.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. (13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

This law requires that the police department has a policy governing the use of military equipment. Before that policy can be formally adopted by the police department, a number of steps must be taken:
 The police department shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body
 The police department shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue
 The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment
 The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:

Page 98 ends

Item # 11.
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

There is some flexibility in the process to meet the statutory requirements of the law related to governing body approval, ordinance adoption, and policy implementation.

In consultation with the City’s legal counsel, the following process is tentatively proposed:
 (03/22/2022) - Report to City Council and presentation of a proposed military use policy and inventory (see attached)
 (03/23/2022) - Posting of proposed policy and inventory to the Police Department’s webpage
 (04/07/2022) - Public outreach effort and public meeting to engage with the public, share the policy, and use cases for each item of equipment, which will be available for public viewing (not required but desired by the police department)
 (04/26/2022) - Final policy proposed to City Council for Ordinance adoption and policy approval
 (05/01/2022) – Policy implementation into the Police Department’s policy manual, including posting the military use policy to the webpage with other police policies already available on the webpage
 (05/10/2022) – Second reading of Ordinance
After adoption of the policy and ordinance as mentioned above, the law requires for annual reporting to the governing body, review of the ordinance, and presentation of a use report, all of which will be posted to the police department’s website.

Staff is seeking councils review of the draft policy and direction to take the above steps to comply with the new law. The police department will make any necessary changes to the draft policy based upon information gathered in the process listed above.

Page 99 ends

Item # 11.

Council Goals/Objectives: The execution of this action attempts to achieve Strategic Goal #6 – Exceptional Public Safety
Fiscal Impact: None. Police Department and legal counsel staff time was utilized to prepare the information, inventory, documentation, policy, and ordinance for this state mandated local program. Those costs were absorbed in the current police department/general government services budgets.

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

Draft/Proposed Military Equipment Use Policy (including attached military equipment inventory and use information)

Page 100 ends

Item # 11.

Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. ***DRAFT*** Military Equipment - 1 Published with permission by Grass Valley Police Department Grass Valley Police Department
Grass Valley PD CA Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
State MODIFIED
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – AB 481's definition of "military equipment" is not "equipment used by the military" or "equipment acquired from the military," but instead reaches 15 categories of equipment however acquired from whatever source:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

Policy
709

Page 101 ends

Item # 11.

Grass Valley Police Department
Grass Valley PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. ***DRAFT*** Military Equipment - 2 Published with permission by Grass Valley Police Department

10. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. 'Flashbang' grenades and explosive breaching tools, 'tear gas,' and 'pepper balls,' excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, 'bean bag,' rubber bullet, and specialty impact munition (SIM) weapons

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 POLICY
State
It is the policy of the Grass Valley Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
Best Practice
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Grass Valley Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.

Page 102 ends

Item # 11.

Grass Valley Police Department
Grass Valley PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. ***DRAFT*** Military Equipment - 3 Published with permission by Grass Valley Police Department (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
State
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
709.5 APPROVAL
State
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are

MODIFIED

Page 103 ends

Item # 11.

Grass Valley Police Department
Grass Valley PD CA Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/17, All Rights Reserved. ***DRAFT*** Military Equipment - 4 Published with permission by Grass Valley Police Department providing mutual aid to this Department, or otherwise conducting law enforcement activities in this jurisdiction, shall comply with their respective military equipment use policies in performing such actions.
709.7 ANNUAL REPORT
State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Page 104 ends

Item # 11.

AB 481 DEFINED MILITARY EQUIPMENT
1 GRASS VALLEY POLICE DEPARTMENT

GRASS VALLEY POLICE DEPARTMENT

MILITARY EQUIPMENT
Section 1. Unmanned, remotely piloted, powered aerial or ground vehicles Description, purpose, authority, capabilities:

Utilized in accordance with FAA Part 107 regulations. GVPD operates UAS/UAV/Drones that are equipped with both standard, zoom and thermal imaging cameras and advanced GPS technology that is utilized during the search for wanted subjects in remote areas, monitoring active incidents from a distance, locating lost or missing individuals, assisting with firefighting operations, documenting crime/accident scenes, and creating public relations content.

DJI Manufacturer Definitions:

Mission Situational Awareness- Provide incident commanders with accurate, real-time insight as missions unfold, empowering decisions to be made with confidence.

Collision Reconstruction and Forensics- Rapidly and remotely map, document, and preserve crime scenes, vehicle collisions, and more, while simultaneously keeping operators from harm's way.

How Drones Elevate Mission Situational Awareness- Deploy to rapidly arrive on scene and gain immediate aerial insights. - Hover above unfolding missions and live stream updates directly to command centers. - Synchronize teams, eliminate uncertainty, and allow decisions to be made with confidence.

DJI Matrice 210 Usage – Search and rescue, Fire aid, agency assistance, scene documentation, surveillance
DJI Mavic II Enterprise Pro Usage – Search and rescue, Fire aid, agency assistance, scene documentation
DJI Spark Usage – Training, media creation, public relations SKYDIO – Training, media creation, public relations
Refer to Grass Valley Police Department Lexipol Policy
Unmanned Aerial Systems (UAS) #613
Section 2: Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
- Not Utilized

Page 105 ends

Item # 11.

AB 481 DEFINED MILITARY EQUIPMENT
2 GRASS VALLEY POLICE DEPARTMENT
Section 3: High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton tracks, five-ton trucks or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. - Not Utilized
Section 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. - Not Utilized
Section 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction or public safety units. - Not Utilized
Section 6: Weaponized aircraft, vessels, or vehicles of any kind. - Not Utilized
Section 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as a bolt cuttlers, or a handheld ran designed to be operated by one person, are specifically excluded from this subdivision. - Not Utilized
Section 8: Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
- Not Utilized
Section 9: Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. - Not Utilized

Page 106 ends

Item # 11.

AB 481 DEFINED MILITARY EQUIPMENT
3 GRASS VALLEY POLICE DEPARTMENT
Section 10: Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or state agency.

Less Lethal 12guage shotgun – “Orange” shotgun
Description, purpose, authority, capabilities:

Remington 870 shotgun: The “Orange” shotgun is outfitted with an orange stock, and orange fore-end to designate its use as a “Less Lethal” shotgun. The Less-Lethal shotgun is capable of launching a 12 gauge caliber “Bean bag,” from designated munitions at a subject between distances of 20 feet to 75 feet. The use of the Less-Lethal shotgun allows officers to engage a subject, in a non-lethal manor, do disarm, dissuade from force, or distract a subject to gain a tactical advantage. The Less-Lethal shotgun is a “Pump action,” which allows the Officer to assess after every spent munition.

Magpul Manufacturer Definitions:

The SGA Stock is an ambidextrous, user-configurable buttstock designed to add much-needed adjustability to the tried-and-true Remington 870 12-gauge shotgun. Featuring a spacer system for length of pull adjustment, improved grip ergonomics, recoil-reducing butt-pad, optional cheek risers for use with optics / raised sights, and other accessories, The SGA 870 brings Magpul design and engineering to another classic American firearm. Available in Black, Flat Dark Earth, Stealth Gray and Orange to adapt to the mission at hand.

Defense Technologies Drag Stabilized Rounds Manufacturer Definitions:

The 12-Gauge Drag Stabilized™ Round is comprised of a translucent 12-Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four (4) stabilizing tails. The 12-Gauge Drag Stabilized™ Round utilizes smokeless powder as the propellant.

Defense Technologies Rubber Buckshot Manufacturer Definitions:

The Stinger® 12-Gauge Round has evolved from the Defense Technology® design of the 23RP. It is a translucent 12-Gauge shell loaded with approximately eighteen 32-Caliber rubber balls. The Stinger utilizes smokeless powder as the propellant. The 12-Gauge Stinger is generally considered a low to medium pain compliance round for close range deployment. The round has a maximum effective range of approximately 25 feet and a velocity of 500 fps/91 mph.

Defense Technologies Liquid Barricade round Manufacturer Definitions:

The Ferret® 12-Gauge Liquid CS non pyrotechnical properties also eliminate the fire hazard common with other products. The Ferret round is available with either liquid or powder carriers for the agent.

These munitions are a 2.5 in. 12-Gauge round deploying .025 oz. of active agent.

Refer to Grass Valley Police Department Lexipol
Use of Force #300
Control and Device Techniques #307

Page 107 ends

Item # 11.

AB 481 DEFINED MILITARY EQUIPMENT
4 GRASS VALLEY POLICE DEPARTMENT
Section 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.
- Refer to Section 14. No explosive projectiles utilized.

Section 12: “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

Flashbang:

Description, purpose, authority, capabilities:

A Noise Flash Diversionary Devices (NFDD) is utilized to distract and individual or individuals through a loud bang, accompanied by a bright flash causing temporary disorientation to vision and senses, allowing officers a tactical advantage during high-risk or hostage rescue operations.

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 – 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Diversionary Devices shall only be used by trained personnel with supervisor approval, for incidents including but not limited to, hostage and barricaded subject situations, high risk warrant (search/arrest) services and training exercises.

CTS Mini Bank Manufacturer Definitions:
7290M – The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang.

Our Model 7290M Flash-Bang exhibits all of the same attributes of it’s larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candela of light.

The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

Tear gas:

Description, purpose, authority, capabilities:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Grass Valley Police Department as a non-lethal tool to disperse rioting suspects and for barricaded suspects.

CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum), CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less).

OC is an inflammatoryagent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Page 108 ends

Item # 11.

AB 481 DEFINED MILITARY EQUIPMENT
5 GRASS VALLEY POLICE DEPARTMENT
Use and purpose is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:

Self-destructive, dangerous and/or combative individuals, for crowd control if the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (Penal Code § 13652).
40mm CTS Liquid CS Manufacturer Definitions:
4330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. *Effectiveness is dependent upon the type of weapon, angle of impact, environmental conditions, and the type of the intermediate barrier. The greatest probability for penetration occurs when the projectile impacts 90° perpendicular to the intermediate barrier. General usage in tactical situations involves intermediate barriers, such as single pane exterior windows, vehicle windows, pressed wood particle doors, 1-2 layers of wallboard, and interior hollow core doors.

Refer to Grass Valley Police Department Lexipol Policy
Use of Force #300
Control and Device Techniques #307
Section 13: Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

Not utilized
Section 14: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
40mm projectile launchers:

Description, purpose, authority, capabilities:
40mm LMT Launcher: The LMT Launcher is not a firearm, but a Less-Lethal systems that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher is capable of launching 40MM munitions at a subject up to 120 feet (40 yards). The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations.

Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents.

Page 109 ends

Item # 11.

AB 481 DEFINED MILITARY EQUIPMENT
6 GRASS VALLEY POLICE DEPARTMENT
Defense Technology 40mm LMT launcher Manufacturer Definitions:

Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Defense Technologies eXact Impact 40mm sponge round Manufacturer Definitions:

The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.

Defense Technologies 37mm/ 40mm bean bag round Manufacturer Definitions:

The 37/40 mm Bean Bag Round is a direct fired munitions that contains one silica sand-filled nylon bag and utilizes smokeless powder as the propellant. Designed for departments that utilize both 37/40 mm launchers, allowing sharing of ordinance between the two weapon systems. Suitable for administering a means of pain compliance over a greater distance than most of its counterparts. Widely used when there is a need to target individual instigators.

Refer to Grass Valley Police Department Lexipol Policy
Use of Force #300
Control and Device Techniques #307
Section 15: Any other equipment as determined by a governing body or state agency to require additional oversight.

Not Utilized

Page 110 ends

Item # 11.

Item(s) Quantity Notes Lifespan Price per unit Funds Utilized DJI Matrice 210 1 UAS (Drone) 5‐10 Years 21,550.0 $ 0 $21,550.00 DJI Mavic II Enterprise Pro 1 UAS (Drone) 5‐10 Years 7,851.0 $ 0 $7,851.00 DJI Spark 1 UAS (Drone) 5‐10 Years 411.00 $ $411.00
SKYDIO 1 UAS (Drone) 5‐10 Years 2,680.1 $ 8 $2,680.18
Not Utilized 0Not Utilized 0Not Utilized 0Not Utilized 0Not Utilized 0Not Utilized 0Not Utilized 0Not Utilized 0 12GA Less Lethal shotgun 1 Patrol Orange stock with sling NA $0.00 12GA Drag Stabilized Rounds 216 Bean Bag Rounds 5 Years $0.00 12GA Rubber Buck Shot 125 15 shot (load / charges) 5 Years 2.70 $ $337.50 12GA CTS CS Liquid Barricade 30 Model 2330 5 Years 32.00 $ $960.00 Section 6: Weaponized aircraft, vessels, or vehicles of any kind Section 7: Battering rams, slugs, and breaching apparatuses (Explosives in nature) Section 8: Firearms of .50 caliber or greater (Not including shotguns) Section 9: Ammunition of .50 caliber or greater (Not including shotgun ammunition) Section 10: Specialized firearms and ammunition less than .50 caliber Section 4: Tracked armored vehicles
Section 5: Command and Control vehicles
Fiscal impact

THESE FISCAL SECTIONS ARE PENDING INFORMATION
DRAFT

GRASS VALLEY POLICE DEPARTMEN
T
AB 481 Defined Military Equipment Inventor
y
Section 1: Unmanned, remotely piloted, powered aerial or ground vehicles Section 2: Mine ‐resistant ambush‐protected (MRAP) vehicles or armored personnel carriers Section 3: High mobility multipurpose wheeled vehicles (HMMWV)

Page 111 ends

Item # 11.

Not Utilized 0
CTS Mini Bang 11 Model 7290M 5 years $0.00
Defense Technology 11 Multi‐Port plus Model 7000 Body 10 years $0.00 Defense Technology Charge 15 DD Reload Steel Collar Model #8901 $0.00 40mm CTS White Smoke Multi‐Projectile (3) 4 Model 4213 5 Years 30.00 $ $120.00 40mm CTS Liquid CS 10 Model 4330. Barricade Projectile 5 Years 32.00 $ $320.00 CTS Baffled Riot CS Smoke 10 Model 5230B 5 Years 32.00 $ $320.00 Defense Tech White Smoke 4 5 Years 26.00 $ $104.00
Not Utilized 0
40mm Defense Technology eXact iMpact 45 Sponge Rounds. Part #6325 5 Years 30.00 $ $1,350.00 Defense Technology 37/40 Bean Bag Rounds 12 5 Years 26.00 $ $312.00 Defense Tech 40mm Training Rounds 157 5 Years 26.00 $ $4,082.00 40mm LMT Launcher 1 Collaspsible stock with Sparc Optic ‐ Tactical NA $0.00 40mm LMT Launcher 1 Patrol NA $0.0040mm LMT Launcher 1 Patrol NA $0.00 Not Utilized 0
Section 12: Flashbang' grenades and explosive breaching tools, 'tear gas,' and 'pepper balls' Section 13: Taser Shockwave, microwave weapons, water cannons, and Long Range Acoustic Device (LRAD) Section 14: 40mm projectile launchers, 'bean bag,' rubber bullet, and specialty impact munition (SIM) weapons Section 15: Any other equipment as determined needing additional oversight Section 11: Any firearm or firearm accessory designed to launch explosives

Page 112 ends

Item # 11.

Grass Valley City CouncilMarch 22, 2022

Grass Valley City Council
March 22, 2022