Grass Valley City Council
June 28, 2022

Item # 13.
 The City implemented a vehicle leasing program whereby ongoing “base funding” is provided to cover ongoing leases. The Measure E Fund includes ongoing funding for public safety vehicle/apparatus replacement as part of the 7-Year Forecast.

5. Stabilize the City’s CalPERS retirement obligations by setting aside sufficient funds over time to cover the City’s unfunded liability; making it a high priority during the annual budget process.
 The City is currently in the process of securing bond financing to pay off the majority of the CalPERS Unfunded Liability and will begin using the PARS Pension Stabilization Trust Fund (Section 115 Trust) to mitigate future expose to volatile pension costs.  City was able to secure bond financing and pay down the majority of the CalPERS Unfunded Liability. Additionally, the City has created a reserve fund to assist with any future CalPERS issues.

LONG TERM PROJECTS (5-10 YEARS):

1. Replace the City of Grass Valley animal shelter with a larger, more robust facility to better serve and protect the animals and the public.

2. Research alternative solutions for utility billing to ameliorate community members’ customer service experience.
 In mid-November 2019, the City’s current utility billing service provider, Fathom Water, notified the City they would be discontinuing business operations. Staff determined MuniBilling to be the best short-term solution. While MuniBilling provides the billing software program, the City has reassumed all customer service activities associated with utility billing and account management.
 Staff is looking at other options to improve our utility billing operations, including evaluating Tyler Enterprise System - Utility Billing module and placing the sewer bills on the Nevada County Tax Roll, etc.

3. Take a stronger leadership role in the community; continue to facilitate CommunityCouncil-Staff Strategic Planning Sessions.

Item # 13.

GOAL #6: PUBLIC SAFETY

THE CITY OF GRASS VALLEY IS DEVOTED TO PROVIDING A SAFE PLACE TO LIVE, WORK AND PLAY.

Grass Valley is home to resilient and dynamic police and fire departments. The police are dedicated to ensuring the City’s streets, parks, businesses, and neighborhoods are safe; while the fire department is committed to enhancing their medical response capacity and protecting Grass Valley from the ever-growing dangers associated with wildfires. Both public safety departments are eager to improve their processes and response times through the use of modern technology.

Ideas from the Community:

1. Address homelessness & be more transparent about progress and deficiencies related to this effort.

2. Confront the growing drug issues plaguing the youth in Grass Valley.

3. Provide for a safe walking and driving environment throughout the community.

SHORT TERM PROJECTS (0-3 YEARS):

1. Enhance the City’s technological capabilities to provide for increased public safety via the utilization of cameras, drones, and modernized patrol car technology.  We have added card-lock access control across City Facilities including City Hall, the Police Department, both fire stations, the Wastewater Treatment Plant, and Water Treatment Plant.
 We have added high-definition video equipment at City Facilities including City Hall, the Police Department, both fire stations, the Wastewater Treatment Plant, and Water Treatment Plant, as well as, at sewer lift stations and parks (Memorial / Minnie (on FS1))  Funding for these projects were from several funds including, general fund, enterprise funds, asset forfeiture funds, and developer impact fees.
 Through the City’s vehicle replacement program, the police department vehicles are in the best condition they have ever been (barring the supply chain issues of 2020/2021) – including in-car technology
 We have deployed a number of community cameras through partnership with local property owners/businesses and utilize them to detect and deter crime.

2. Improve investigative capability using modern technology and new/updated software packages.

Item # 13.
 The Police Department has invested in several technologies, some of which were pretext call software for wireless platforms, a throw camera, exploration of ALPR platforms at reasonable costs (still researching), and deployment of high-definition cameras across facilities and public spaces as mentioned above.
 Deployment of ALPR technology at the beginning of 2022 has already provided tangible crime deterrence and detection.
 Our investigations unit has enhanced mobile device forensic software, staying up to date with how and where criminals store information, making our department a leader in regional digital crime fighting.
 There is a NEED for updated police records keeping software.

3. Review development projects with crime prevention in mind.  The Police Department worked with CDD to develop conditions of approval related to crime prevention through environmental design and via the conditioning of space for City accessed video surveillance systems as part of the Dorsey Marketplace design and intersection construction.
 The Police Department is working collaboratively with the Engineering Department to create new design standards for signalized intersections that may develop in the future to include video and potentially ALPR technologies with dedicated physical space for those infrastructure needs.

4. Emphasize community policing strategies and crime prevention through regular interactions with residents, visitors, youth, and business owners.  Several active shooter/critical incident preparedness presentations as well as mock drills at several high-risk locations have been completed (i.e. NID, Mental Health, Brighton Greens) and will continue. In the case of mutual responsibility facilities, like Health and Human Services at Brighton Greens, joint drills between the NCSO, CHP and GVPD were conducted, with GVPD taking the lead role.
 Numerous K9 presentations with groups such as Rotary, Elks, Vet’s and nursery/grade/ and middle schools. National Night Out, Coffee with a Cop, Hero’s Night etc.

5. Commence regular statistics-driven public education messages via social media and City website to spread awareness and recruit community involvement in Grass Valley public safety efforts.
 Fire Department implemented community-wide outreach regarding vegetation management requirements in preparation of fire season. Notices are sent to all property owners.

6. The Grass Valley Police Department will coordinate with local schools and afterschool programs to execute a drug awareness and prevention program.  The assigned School Resource Officer at Silver Springs High School conducts drug awareness and prevention on the campus. GVPD has and plans to continue to host the GREAT Summer Youth Academy, in partnership with NEO (Bright Futures for Youth as of 2021), to provide prevention-based summer youth camps for kids, while building positive youth-police relationships.
 This past summer the Police Department partnered with Bright Futures for Youth at their summer youth camps to teach kids about investigations and police work as well as positive role modeling and drug prevention.

Item # 13.

7. Take a more proactive approach to homelessness and drug use within the City to ensure our neighborhoods, parks, downtown, and other public areas are safe for our residents, businesses, and visitors.
 Creation of specialty team within our Strategic Response Unit (previously Investigations Unit) that is dedicated to homeless and quality of life related issues in the City. We have partnered with the County Home Team to provide congruent services in our interaction with the homeless population. We are a partner agency recipient of a Peace Officer Standards and Training Innovation Grant for the training of police officers related to locally based curriculum related to Community Partnerships and Homeless engagement training. Hospitality House is the lead grant recipient with GVPD instructors of the curriculum that is in development.
 Officer John Herrera is dedicated to ensuring downtown is safe and drug-free.

8. Expand police presence in public places and during events; look into hiring a sworn Park Ranger.
 With staffing at 28 of 29 FTE we are finally able to fill a Parks/Downtown position with a sworn officer. Absent any staffing issues, we intend to fill this position during the Spring – made possible by Measure E personnel.
 Kano, and newly acquired PD canine Romeo, frequently attend events such as Safe Trick or Treat and 4th of July.

9. Review the City’s dispatch capabilities, as well as, the contract with Nevada County to see what the best solution is for the City. Address radio dead spots within the City and surrounding areas. Update cooperative and mutual aid agreements.  We are nearly complete with a $1.4M radio infrastructure project, anticipated to be live before the end of FY21/22.

10. Provide easier access to current fire information, emergency evacuation processes, and preparatory education related to property and vegetation management.  Fire information link on City Web Site, Grass Valley Fire social media sites (Facebook, Instagram, Twitter).
 Developed and mailed to City residents the Ready Nevada County Wildfire Handbook.  Conducted Community Fire Forum at Love Building in May 2019.  Published Know Your Zone link on the City’s website (on homepage), which helps community members identify which evacuation zone they reside in.

11. Expand outreach for National Night Out events.
 Under GVPD leadership, we have collaborated with all local LE agencies to create a jurisdictional-roving NNO event every August, bringing together the community with their police and public safety departments in a fun and engaging environment.

Item # 13.

12. Collaborate with Nevada County and the State to address homelessness.  See item 6 above.

13. Evaluate fire cooperation with the City of Nevada City.  Developed and implemented Shared Administrative Service agreement with Nevada City Fire.
 Integration of staff and programs has provided operational efficiencies through staffing, equipment standardization, training, and professional development opportunities.  Amended Nevada City Municipal Code for Vegetation Management to reflect the Grass Valley Vegetation Management Municipal Code.
 Continued evaluation of Shared Service Agreement to develop additional strengths and promote resilience within each Cities’ Fire Department.  Effective November 1, 2021, GVFD assumed responsibility for fully staffing Fire Station 1 as we do for the other stations in the City, all of which provide emergency response services to the County and Nevada City jurisdictions. These changes were implemented to ensure GVFD is prepared to provide for the quickly increasing current and future emergency service demands of the City and surrounding Nevada County areas we respond to on a regular basis.
 Since November 1st, 2021, Grass Valley fire stations each have their own Battalion Chief to oversee the daily operations and overall procedures of each shift. This allows the City to continue to ensure our primary mission to the public to secure a safe future for our community.

14. Continue a proactive and progressive Code Enforcement program, including an aggressive approach to weed abatement as it relates to fire hazards.  The City has instituted a progress and aggressive vegetation management program to mitigate exposure to wildland fire. Proactively the City has mailed informational notices to property owners regarding the responsibility of vegetation management on parcels in the City. The City has proactively mitigated City properties to comply with the vegetation management program, and funds mitigation of properties that are non-responsive.  Cal Fire is completing the Ponderosa Fuel break to protect the Western side of Grass Valley from wildland fire. Parcels in the City comply with City vegetation management program.  Fire Department amended the Vegetation Management and Yard Debris Removal ordinance (8.16.200) to require compliance by May 1st instead of June 1st.

15. Conduct annual disaster response trainings (i.e. tabletop exercises for Emergency Operations Plan).
 GVPD is currently working with GVFD and will be conducting tabletop exercises for active shooter response and disaster response in March 2020. A tactical medicine course is being presented in March 2020 to the GVFD by GVPD Reserve Chris Quinn. We are also working with the NCSO to put on a multi-agency active shooter training which will include tactical medic response, hospital and ambulance involvement as well as LE and Fire response and tabletop exercise. Many of the incident command and resource deployment models are replicable for other disaster response.

Item # 13.

16. Update Emergency Operations Plan to ensure preparedness for a large scale natural or manmade disaster. Develop a major fire evacuation plan, staging areas, and lines of defense around Grass Valley and conduct drills to commit plan to memory.  We are working collaboratively with the County OES to review and update their Evacuation Annex. Final comments are due back this month.

17. Pursue safety for all (inclusionary).
 The City and Cal Fire have entered a Mutual Threat Zone (MTZ) agreement providing additional resources to wildland fires including aircraft within the City of Grass Valley.  Measure E has been instrumental in advancing the capabilities of the fire department by way of 1) Staffing (paramedics, red flag warnings, 2) New Fire Engines, 3) State of the Art equipment, and 4) Training.
 The fire department continually seeks improvements to service levels internally and with our partner agencies to provide operational resilience, readiness and excellent service.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Evaluate the prospect of acquiring the property behind the alley of the police department for additional parking, storage, and officer safety.

2. Update City Fire Stations to meet current safety standards.  Purchased a generator for Fire Station 2 to ensure station maintains power throughout PSPS events.
 Improved connectivity and upgraded computer and networking equipment at each station, which helps ensure fire stations are operating at optimal level.

3. Evaluate the possibility of introducing a program where police officers visit local schools for the day.

4. Evaluate placement of more solar-powered radar speed limit notification signs.  The Police Department is in the final stages of making a recommendation for a “city standard” of solar radar sign with data collection and analytic capabilities with crossdepartment access to information as may be needed for business needs.

Item # 13.

GOAL #7: WATER & WASTEWATER SYSTEMS
&

UNDERGROUND INFRASTRUCTURE

THE CITY OF GRASS VALLEY IS COMMITTED TO MAINTAINING AND UPGRADING THE CITY’S UNDERGROUND AND SURFACE INFRASTRUCTURE.

Grass Valley will continue to upgrade and replace underground infrastructure including storm water, wastewater, and water pipes. The City strives to maintain our wastewater and water treatment plants to meet the highest standards, keeping in line with State and Federal rules, regulations, certifications, training and new technologies to improve the operation and efficiency of each plant in a fiscally responsible manner.

Ideas from the Community:

1. Improvements need to be made to update and improve the City’s storm water system.

2. Continue to protect Wolf Creek via enforcement of proper setbacks.

3. Continue to plan for the impacts of climate changes facing our area, including ensuring the stability of the City’s water supply
SHORT TERM PROJECTS (0-3 YEARS):

1. Install the necessary hardware and software to establish a City wide and surrounding area highspeed internet and broadband system, connecting homes and businesses.

2. Evaluate the City’s water supply and potential future water sources in conjunction with NID to ensure the City’s citizens continue to have access to a stable potable water supply.

3. Establish a methodical improvement program to upgrade, improve, and replace the existing storm water system with emphasis on older areas that are prone to flooding during highvolume water events.  Replaced 18” storm drain culvert on Slate Creek Rd that was no longer conveying water and prone to repeated flooding.

3. Improve the creeks that traverse the City for increased storm water flows.

4. Sustain a high-quality drinking water delivery system to support the community and waterdependent businesses.

Item # 13.

5. Maintain pace with the latest technologies and safety standards to ensure our water is clean and safe to drink, and our wastewater is disposed of in the most effective and sanitary means.
 Monitoring and control system (SCADA) completely modernized at the Wastewater treatment plant via a $4 million improvement project, resulting in highly advanced operations utilizing latest technologies.

6. Continue to replace and upgrade aging wastewater and water system pipes.

 Complete water line replacement on Valley View Drive.  Memorial Park Project - installed new water main line through the park to better serve park and create enhanced looping of distribution system.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Continually evaluate the water and wastewater fiscal reserves and their capital depreciation as it relates to the rate structure, to ensure fiscal prudence on behalf of the rate payers.  Water and wastewater rate study initiated with consultant NBS to evaluate and update rate structure.

2. Look for opportunities to underground utilities (electrical, phone, cable facilities).  Initiated discussions with Nevada County and PG&E to pool Rule 20A undergrounding funds to identify and deliver an electrical system undergrounding project within City limits.

LONG TERM PROJECTS (5-10 YEARS):

1. Develop a useful GPS mapping system of the various underground tunnels and mine shafts in the City and surrounding area to identify potential hazards and protect against public safety hazards and mine shaft/tunnel failure.

2. Research the feasibility and produce a cost analysis for the City to work with local businesses to extend sewer lines to the Grass Valley airport business park to help influence economic development and business expansion in that area.

Item # 13.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Local Transportation Fund (LTF) Claim for Transit and Paratransit Operations Recommendation: That Council adopt a resolution requesting that Nevada County Transportation Commission (NCTC) allocate $514,877 of the City’s FY 2022/23 estimated apportionment of LTF in support of transit and paratransit services.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 6/28/2022 Date Prepared: 6/23/2022 Agenda: Consent
Background Information: Grass Valley is eligible for an estimated Local Transportation Fund (LTF) apportionment of $514,877, based upon NCTC's Revised Findings of Apportionment adopted on May 18, 2022, which shows an estimated City population of 13,617. These funds are managed by the NCTC and are committed to first support the needs of transit and paratransit activities per a Joint Powers Agreement with Nevada City and Nevada County. The Nevada County Board of Supervisors held its FY 2022/23 final budget hearings on June 21, 2022 and approved the budget, including the Transit Services Commission (TSC) FY 2022/23 budget.

The Nevada County Transit Services Division (TSD), in the attached letter from TSD Manager, Robin Van Valkenburgh, has requested that the City submit a claim to NCTC to allocate the City's entire FY 2022/23 estimated apportionment of LTF to support transit and paratransit services. Attached is a resolution that would fulfill that request.

Also attached is the NCTC Resolution 22-12 regarding “Revised Findings of Apportionments FY 2022/23”
Council Goals/Objectives: Approval of the LTF Claim for Transit and Paratransit Operations executes portions of work tasks towards achieving/maintaining Strategic Goal - City Infrastructure Investment.

Fiscal Impact: 100% of Local Transportation Funds apportioned to the City by NCTC will be allocated directly to Nevada County TSD, resulting in no net impact to the City’s budget.

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

Item # 14.

RESOLUTION NO: 2022-52

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

REQUESTING THE NEVADA COUNTY TRANSPORTATION COMMISSION (NCTC) ALLOCATE $514,877 OF THE CITY’S FY 2022/23 ESTIMATED APPORTIONMENT OF

LOCAL TRANSPORTATION FUNDS (LTF)
WHEREAS, the City of Grass Valley has entered into a Joint Exercise of Powers Agreement with the City of Nevada City and the County of Nevada for the purpose of establishing and funding a Public Transportation Program; and
WHEREAS, Transportation Development Act Funds are apportioned annually for the City of Grass Valley and are available to support the Program; and WHEREAS, the Nevada County Transportation Commission (NCTC) adopted Resolution #22-12 showing that the City of Grass Valley has an estimated apportionment of Local Transportation Funds in Fiscal Year 2022/23 of $514,877; and WHEREAS, Grass Valley shares proportionately in the cost for such program under the terms of the Joint Powers Agreement; and
WHEREAS, on June 21, 2022, the Nevada County Board of Supervisors adopted the Fiscal Year 2022/23 budget. including the Transit Services Commission FY 2022/23 budget;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY; that the City requests NCTC allocate $514,877 of Grass Valley’s Fiscal Year 2022/23 estimated apportionment of LTF for transit and paratransit services and the Grass Valley LTF funds available for allocation per NCTC Financial Report.

ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 28
th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:
___________________________________
Ben Aguilar, Mayor

APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________________ Michael G. Colantuono, City Attorney Taylor Day, Deputy City Clerk

Item # 14.

Printed on recycled paper

COUNTY OF NEVADA

COMMUNITY DEVELOPMENT AGENCY
Public Works Department
Transit Services Division
950 MAIDU AVENUE, SUITE 170, NEVADA CITY, CA 95959-8617 Phone: (530) 477-0103 Toll free: (888) 660-7433 FAX: (530) 477-7847 www.nevadacountyconnects.com Email: [email protected] Trisha Tillotson
Community Development Agency Director
Trisha Tillotson, Acting Director of Public Works
Robin Van Valkenburgh, Transit Services Manager
June 22, 2022
Mr. Tim Kiser, City Manager
City of Grass Valley
125 East Main Street
Grass Valley, CA 95945
SUBJECT: Fiscal Year 2022-23 Local Transportation Fund Claim Dear Mr. Kiser,
The Nevada County Board of Supervisors will hold its Fiscal Year 2022-23 budget public hearings and approval in June and these will include the Fiscal Year 2021-22 Transit Services Division Budget. Nevada County is processing a claim with the Nevada County Transportation Commission (NCTC) for Local Transportation Funds (LTF), pursuant to the Transportation Development Act. In accordance with the Joint Powers Agreement for Transit Services in Western Nevada County, we are requesting that the City of Grass Valley prepare and submit a claim to NCTC for LTF funds to support Nevada County Connects and Nevada County Now contracted paratransit operations during Fiscal Year 2022-23.

NCTC has adopted revised findings of apportionment at their May 18, 2022, meeting indicating that the City of Grass Valley's apportionment for Fiscal Year 2022-23 LTF funds is $514,877. A copy of the revised NCTC findings of apportionment is attached. Since the Transit Services’ Division budget is predicated on the use of 100 percent of the available LTF funds from all three local jurisdictions, we are respectfully asking that Grass Valley prepare its claim in the amount of $514,877. As with last year’s claim, the LTF funding may be shown in a lump sum entitled “transit/paratransit operations” (P.U.C. Sec. 99400(c).

We are hoping to have the claims approved at the July 20, 2022, NCTC meeting, and I would greatly appreciate your placing this claim item on a City Council agenda at your earliest convenience in June 2022, for resolution approval.

Thank you for your continued support of Transit Services in western Nevada County. It is greatly appreciated.

Should you have any questions, please contact me at 470-2833.

Sincerely,
Robin Van Valkenburgh
Transit Services Division Manager
Cc: Trisha Tillotson, Director of Community Development Agency and Acting Director of Public Works
Mike Woodman, Executive Director, NCTC

Item # 14.

RESOLUTION 22-12
OF THE

NEVADA COUNTY TRANSPORTATION COMMISSION
REVISED FINDINGS OF APPORTIONMENT FOR FISCAL YEAR 2022/23 WHEREAS, Section 6655.5 of the California Code of Regulations states that the transportation planning agency may, at any time before the conveyance of initial allocation instructions pursuant to Section 6659, issue a revised determination of apportionments based on a revised determination of populations; and
WHEREAS, the Auditor-Controller of Nevada County has issued an estimate of $ 4,994,236 as the amount available for allocation in FY 2022/23; and
WHEREAS, the amount subject to apportionment is to be determined by subtracting the anticipated amounts to be allocated, or made available for allocation, for administration of the Transportation Development Act, for transportation planning, for facilities for the exclusive use of pedestrians and bicycles, and for community transit services, from the total estimate of monies to be available for apportionment and allocation during the ensuing fiscal year; and WHEREAS, the following figures represent the amount described above:

Estimated LTF Available for FY 2022/23
Sales and Use Tax $4,949,236
Interest $45,000
Subtotal $4,994,236
Anticipated Allocations
Administration and Planning -$882,427
Pedestrian and Bicycles -$82,236
Community Transit Services -$201,479
Total Estimated FY 2022/23 LTF Available for Apportionment $3,828,094 Area apportionments based on population: Population figures from State of California Department of Finance 2022 E-1 Report, May 2022
Jurisdiction Estimated
Population
Percent of
Estimated Total* Apportionment**
Nevada County 67,191 66.37% $2,540,581
Grass Valley 13,617 13.45% $514,877
Nevada City 3,334 3.29% $126,063
Truckee 17,100 16.89% $646,574
TOTAL 101,242 100.00% $3,828,094
Totals may not equal sum of amounts in column due to rounding.

Item # 14.

Resolution 22-12

NOW, THEREFORE, BE IT RESOLVED, that Nevada County Transportation Commission finds that the above figures represent area apportionments to be used for FY 2022/23. These apportionments will be used as the basis for allocations throughout FY 2022/23, unless these findings are revised in accordance with statutes and regulations contained in the Transportation Development Act.

PASSED AND ADOPTED by the Nevada County Transportation Commission on May 18, 2022 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________________ Attest: ______________________________ Ed Scofield, Chair Dale D. Sayles
Nevada County Transportation Commission Administrative Services Officer

Item # 14.

City of Grass Valley
City Council
Agenda Action Sheet
Title: CCTM1, LLC Lease Agreement – Approve First Amendment Recommendation: That Council authorize the City Engineer to execute the First Amendment to the Ground Lease Agreement with CCTM1, LLC, subject to legal review.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 06/28/2022 Date Prepared: 06/23/2022 Agenda: Consent
Background Information: A Ground Lease Agreement was first approved in 2016, covering 777 square feet of land located at the City’s Water Treatment Plant, for the use of communication equipment operated by CCTM1, LLC. Recently the CPUC required that all wireless companies utilizing cell towers install backup generators to ensure that the towers remain in service during power outages.

An amendment to the agreement is proposed, which adds an additional 50 square feet of leased area, inside the existing cell tower enclosure, for the installation of a backup generator. The monthly rental payment would be increased by the agreed upon amount of $161.30 per month, or $1,935.60 annually.

Staff recommends that Council authorize the City Engineer to execute this First Amendment to the Ground Lease Agreement with CCM1, LLC (copy attached) subject to legal review.

Council Goals/Objectives: The approval of this request executes portions of work tasks towards achieving/maintaining Strategic Plan goal – Economic Development and Vitality Fiscal Impact: Lease payments would increase by $1,935.60 annually, providing a nominal addition to the General Fund.

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

Item # 15.

Site Name: Alta Vista
Business Unit #: 827223
1 FIRST AMENDMENT TO GROUND LEASE AGREEMENT
THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT (this “First Amendment”) is entered into this ____ day of ______________, 20___ (“Effective Date”), by and between CITY OF GRASS VALLEY (“Lessor”), with a mailing address of 125 East Main Street, Grass Valley, California 95945 and CCTM1 LLC, a Delaware limited liability company (“Lessee”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.

RECITALS
WHEREAS, Lessor and Lessee entered into a Ground Lease Agreement dated November 28, 2016 (the “Agreement”), a memorandum of which was recorded in the official records of Nevada County, California (“Official Records”) on January 10, 2017 at Document No. 20170000690, whereby Lessee leased certain real property, together with access and utility easements, located in Nevada County, California from Lessor (the “Leased Premises”), all located within certain real property owned by Lessor (“Lessor’s Property”); and
WHEREAS, the Leased Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the Agreement had an initial term that commenced on December 1, 2016 and expired on July 13, 2027. The Agreement provides for three (3) extensions of five (5) years each (each a “Renewal Term”). According to the Agreement, the final Renewal Term expires on July 13, 2042; and
WHEREAS, Lessor and Lessee desire to amend the Agreement on the terms and conditions contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as follows:

1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.

2. First Additional Leased Premises. The Leased Premises is hereby expanded to include additional space, which consists of approximately fifty (50) square feet at a location more particularly described in Exhibit B-1 attached hereto (the “First Additional Leased Premises”). All references to the Leased Premises in the Agreement shall be deemed to include the existing Leased Premises and the First Additional Leased Premises. Notwithstanding anything to the contrary in this First Amendment, Lessee is not relinquishing any rights to any lease area, access easements, and/or utility easements that it possesses prior to the date of this First Amendment. In the event the location of any of Lessee’s or its sublessees’ existing improvements, utilities, and/or access routes are not depicted or described on Exhibit B-1, Lessee’s leasehold rights and access and utility easement rights over such areas shall remain in full force and effect and the Leased Premises shall be deemed to include such areas.

Item # 15.

Site Name: Alta Vista
Business Unit #: 827223
2 3. First Additional Rent. In consideration of the First Additional Leased Premises, Lessee shall pay to Lessor One Thousand Nine Hundred Thirty-Five and 60/100 Dollars ($1,935.60) per year (“First Additional Rent”), payable in equal monthly installments, beginning upon the commencement of installation of improvements within the First Additional Leased Premises and continuing thereafter until the earlier of (i) the expiration of the Lease Term, or (ii) the “Return of the First Additional Leased Premises” as set forth below. The First Additional Rent shall be due and payable concurrently with the monthly Rent. On December 1, 2023 and on each anniversary of that date thereafter, the First Additional Rent shall increase in accordance with subsection (A) “Rent” of Section 1 of the Agreement for so long as such First Additional Rent is payable to Lessor as set forth herein.

4. Right to Return the First Additional Leased Premises. Lessee shall have the option, upon thirty (30) days’ prior written notice to Lessor, in its sole and absolute discretion, to return the First Additional Leased Premises to Lessor and to terminate the agreement of the same by removing all improvements from the First Additional Leased Premises and returning same to its condition as of the Effective Date, ordinary wear and tear excepted (the “Return of the First Additional Leased Premises”).

5. Ratification.
a) Lessor and Lessee agree that Lessee is the current lessee under the Agreement, the Agreement is in full force and effect, as amended herein, and the Agreement contains the entire agreement between Lessor and Lessee with respect to the Leased Premises. b) Lessor agrees that any and all actions or inactions that have occurred or should have occurred prior to the date of this First Amendment are approved and ratified and that no breaches or defaults exist as of the date of this First Amendment.
c) Lessor represents and warrants that Lessor is duly authorized and has the full power, right and authority to enter into this First Amendment and to perform all of its obligations under the Agreement as amended.
d) Lessor acknowledges that the Leased Premises, as defined, shall include any portion of Lessor’s Property on which communications facilities or other Lessee improvements exist on the date of this First Amendment.

6. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Agreement, the terms of this First Amendment shall control. The terms, covenants and provisions of this First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

7. Survey. Lessee reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Leased Premises and any access and utility easements associated therewith. Lessee shall be permitted to attach the Survey as an exhibit to this First Amendment and any related memorandum for recording, which shall update and replace the existing description, at any time prior to or after closing of this First Amendment.

Item # 15.

Site Name: Alta Vista
Business Unit #: 827223
3 8. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment (“Memorandum”) in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Lessee shall have the right in its discretion, to record a notice of agreement, affidavit or other form to be determined by Lessee without Lessor’s signature in form and content substantially similar to the Memorandum, to provide record notice of the terms of this First Amendment.

9. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this First Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. As used herein, “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this First Amendment and executed and adopted by a party with the intent to sign such First Amendment, including facsimile or email electronic signatures.
[Execution Pages Follow]

Item # 15.

Site Name: Alta Vista
Business Unit #: 827223
4 This First Amendment is executed by Lessor as of the date first written above.

LESSOR:

CITY OF GRASS VALLEY
By:

Print Name:

Print Title:
[Lessee Execution Page Follows]

Item # 15.

Site Name: Alta Vista
Business Unit #: 827223
5 This First Amendment is executed by Lessee as of the date first written above.

LESSEE:

CCTM1 LLC,
a Delaware limited liability company
By:

Print Name:

Print Title:

Item # 15.

Site Name: Alta Vista
Business Unit #: 827223 Exhibit B-1
6 EXHIBIT B-1
First Additional Leased Premises

Item # 15.

EXHIBIT B-1

Item # 15.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Second Reading of Clean Up Ordinance 816
Recommendation: That Council hold a second reading by Title only and adopt Ordinance 816
Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 6/28/2022 Date Prepared: 6/23/2022 Agenda: Public Hearing
Background Information: On June 14th, 2022, the Council Approved the first reading of Ordinance #816 related to the clean up of historical Ordinance that have not yet been codified.

The City Clerk’s office has been digitizing records, including historic resolutions and ordinances. During this project it has been discovered that there were several clerical mistakes made over the years that need to be corrected, such as duplication of ordinance numbers.

Ordinance 816 will clarify the numbering errors on the various ordinances and establish a corrected ordinance number for each. Ordinance 816 will also allow for the codification of all the identified ordinances that have been adopted by council but not yet codified in the Grass Valley Municipal Code.

Council Goals/Objectives: Ordinance 816 executes portions of work tasks towards maintaining Strategic Plan – Productive and Efficient Workforce Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: Ordinance 816

Item # 16.
1 282496.v2
ORDINANCE NO. 816

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

GRASS VALLEY REPEALING AND RENUMBERING

ORDINANCES
WHEREAS, it has been discovered that various ordinances have been assigned duplicate numbers;
WHEREAS, the City of Grass Valley seeks to clarify the numbering errors on the various ordinances (Exhibit A); and
WHEREAS, the duplicate numbering is a clerical error and the ordinances are to be substantively unchanged with their original effective dates.

NOW THEREFORE, the City Council of the City of Grass Valley does ordain as follows:

SECTION 1. RENUMBERING ORDINANCE. Ordinance No. 746-U, introduced and adopted on October 8, 2013, titled An Ordinance of the City Council of the City of Grass Valley Urgency Ordinance Adopting Chapter 2.05 Establishing the Position of City Manager is hereby renumbered as Ordinance No. 746-UA.

SECTION 2. RENUMBERING ORDINANCE. Ordinance No. 746-U, introduced and adopted on November 26, 2013, titled An Ordinance of the City Council of the City of Grass Valley Urgency Ordinance Updating Chapter 13.12 Sewer Service System for Industrial or Commercial Users is hereby renumbered as Ordinance No. 746- UB.

SECTION 3. RENUMBERING ORDINANCE. Ordinance No. 752, introduced on January 28, 2014, and adopted on February 11, 2014, titled An Ordinance of the City Council of the City of Grass Valley Amending Grass Valley Municipal Code Title 2 (“Administration and Personnel”), Chapter 2.34 (“Personnel Commission”), Section 2.34.030 (“Powers of the Commission”) is hereby renumbered as Ordinance No. 752A.

SECTION 4. RENUMBERING ORDINANCE. Ordinance No. 752, introduced on March 11, 2014, and adopted on March 25, 2014, titled An Ordinance of the City Council

Item # 16.
2 282496.v2
of the City of Grass Valley Approving A Zoning Map Amendment Prezoning 416 Acres of Land Within the City Sphere of Influence is hereby renumbered as Ordinance No. 752B.

SECTION 5. RENUMBERING ORDINANCE. Ordinance No. 764, introduced on October 13, 2015, and adopted on November 10, 2015, titled An Ordinance of the City Council of the City of Grass Valley Amending Section 8.12.050 of the Grass Valley Municipal Code Regarding Director and Assistant Director of Emergency Services is hereby renumbered as Ordinance No. 764A.

SECTION 6. RENUMBERING ORDINANCE. Ordinance No. 764, introduced on February 9, 2016, and adopted on February 23, 2016, titled An Ordinance of the City Council of the City of Grass Valley Adding Chapter 5.60 And Amending Chapter

17.20 of the Grass Valley Municipal Code Regarding Marijuana Delivery, Cultivation and Dispensaries and Finding the Ordinance is Exempt from Review Under the California Environmental Quality Act (CEQA) Sections 15061(b)(3), 15305, 15307, And 15308 of the CEQA Guidelines is hereby renumbered as Ordinance No. 764B.

SECTION 7. RENUMBERING ORDINANCE. Ordinance No. 799, introduced on October 11, 2016, and adopted on October 25, 2016, titled An Ordinance of the City Council of the City of Grass Valley Amending Portions of Chapter 13.20 Industrial Wastewater of the Grass Valley Municipal Code is hereby renumbered as Ordinance No. 779.

SECTION 8. RENUMBERING ORDINANCE. Ordinance No. 782, introduced on January 17, 2017, and adopted on January 25, 2017, titled An Ordinance of the City Council of the City of Grass Valley Amending Chapter 5.18 of the Grass Valley Municipal Code and Adding Chapter 5.19 Regarding State Video Franchises is hereby renumbered as Ordinance No. 782A.

SECTION 9. RENUMBERING ORDINANCE. Ordinance No. 782, introduced on April 11, 2017, and adopted on April 25, 2017, titled An Ordinance of the City Council of the City of Grass Valley Rescinding Ordinance No. 775 Approving a Rezone (Text Amendment) for the Whispering Pines Specific Plan SP-1A Zone to Allow SP-1B Manufacturing/Processing and Manufacturing/Small Shop Uses is hereby renumbered as Ordinance No. 782B.

Item # 16.
3 282496.v2
SECTION 10. RENUMBERING ORDINANCE. Ordinance No. 788, introduced and adopted on August 8, 2017, titled An Ordinance of the City Council of the City of Grass Valley Amending Sections 10.60.010, 10.60.020, 10.60.030, and 10.80.010 and Adding Sections 10.60.040 and 10.60.050 of the Grass Valley Municipal Code Regarding Camping and Use of Automobiles, Campers, and Trailers for Human Habitation on Public and Private Property is hereby renumbered as Ordinance No. 788A.

SECTION 11. RENUMBERING ORDINANCE. Ordinance No. 788, introduced on January 23, 2018, and adopted on February 13, 2018, titled An Ordinance of the City Council of the City of Grass Valley Amending Sections 10.48.030 and 10.48.110 Regarding Parking Penalties is hereby renumbered as Ordinance No. 788B.

SECTION 12. RENUMBERING ORDINANCE. Ordinance No. 793, introduced on May 22, 2018, and adopted on June 12, 2018, titled An Ordinance of the City Council of the City of Grass Valley Amending Sections 12.32.110 and 12.32.120 and Adding Section 12.32.130 Regarding Park and Recreational Area Regulations is hereby renumbered as Ordinance No. 793A.

SECTION 13. RENUMBERING ORDINANCE. Ordinance No. 793, introduced and adopted on April 9, 2019, titled An Ordinance of the City Council of the City of Grass Valley Urgency Ordinance Amending 17.46 Regarding Telecommunications Facilities Applications and Amending the Definition of Telecommunication Facilities in Section 17.100.020 is hereby renumbered as Ordinance No. 793B.

SECTION 14. RENUMBERING ORDINANCE. Ordinance No. 794, introduced on June 26, 2018, and adopted on July 10, 2018, titled An Ordinance of the City Council of the City of Grass Valley Amending Chapter 9.10 of Title 9 Allowing Massage Establishment Hours of Operations Between Seven AM and Nine PM is hereby renumbered as Ordinance No. 794A.

SECTION 15. RENUMBERING ORDINANCE. Ordinance No. 794, introduced and adopted on May 14, 2019, titled An Ordinance of the City Council of the City of Grass Valley Extension of Telecommunications Urgency Ordinance is hereby renumbered as Ordinance No. 794B.

Item # 16.
4 282496.v2
SECTION 16. RENUMBERING ORDINANCE. Ordinance No. 795, introduced on July 10, 2018 and adopted on July 24, 2018, titled An Ordinance of the City Council of the City of Grass Valley Repealing Ordinance No. 740 Effective September 30, 2018 and Enacting General Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administrations Adopted by the Electorate on June 5, 2018 is hereby renumbered as Ordinance No. 795A.

SECTION 17. RENUMBERING ORDINANCE. Ordinance No. 795, introduced on September 10, 2019, and adopted on September 24, 2019, titled An Ordinance of the City Council of the City of Grass Valley Amending the Grass Valley Zoning Map Prezoning Scotten and Lyman Gilmore Schools and a Portion of Town Talk Road to be Deeded to River Valley Bank is hereby renumbered as Ordinance No. 795B.

SECTION 18. CEQA FINDINGS. This Ordinance is not a project within the meaning of Section 15378 of the CEQA (California Environmental Quality Act) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly.

This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 19. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Grass Valley declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

SECTION 20. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption under Article VII, § 2 of the Grass Valley City Charter.

Item # 16.
5 282496.v2
SECTION 21. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published once in The Union, a newspaper of general circulation printed, published, and circulated within the City.

INTRODUCED and first read at a regular meeting of the City Council on the ____ day of _______ 2022.

FINAL PASSAGE AND ADOPTION by the City Council was at a meeting held on the ____ day of _______ 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

Item # 16.
6 282496.v2

EXHIBIT A

Item # 16.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Appointment of Planning Commissioners
Recommendation: That Council approve the appointment of Ari Broulliett as Planning Commissioner for Councilmember Hodge
Prepared by: Taylor Day
Council Meeting Date: 6/28/2022 Date Prepared: 6/24/2022 Agenda: Consent
Background Information: By Council policy, each councilmember submits a candidate for appointment to the Planning Commission to the members of City Council for their approval and appointment. The terms of appointed Planning Commissioners coincide with the nominating Council Member’s term of office and may be changed by that city councilmember at any time during their term in office. Councilmember Hodge has chosen Ari Broulliett to fill the position of her Planning Commissioner.

Council Goals/Objectives: N/A
Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager

Item # 17.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Consideration of the lease of property at 142 East main Street Recommendation: That Council 1) approve the draft lease agreement with WCS Properties for the property at 142 East Main Street, subject to legal review; 2) authorize the City Manager to execute the lease agreement with WCS Properties; 4) authorize the City Manager to sign all real estate documents required to complete the lease; and 5) 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: 06/28/2022 Date Prepared: 06/22/2022 Agenda: Consent
Background Information: The purpose of this property lease is to provide additional parking downtown. This lease would provide a minimum of 22 additional spaces for public parking. The terms of the lease would be for a three-year period and paying half the cost of seal coating the parking lot ($4,100+/-). The lease agreement is attached for additional information. Staff is proposing to make this lot a public metered lot similar to the Neal Street Parking lot.

Council Goals/Objectives: This project supports tasks towards achieving/maintaining Strategic Plan – Economic Development and City Infrastructure Investment.

Fiscal Impact: Funding for this purchase will come from the City’s General Fund and reimbursed with fee revenue. The first-year cost will approximately be $19,700.

Funds Available: Yes Account #: General Funds
Reviewed by: __ City Manager

Item # 18.

Clty 0f Grass Valley
("Landlord") and
agree as follows:
$

CALIFORNIA

ASSOCIATION
OF I\E A LTO RS OJ

COMMERCIAL LEASE AGREEM ENT
(C.A.R. Form CL, Revised't2l.l5)
Date (For reference only): June 10. 2022

1. PROPERTY: Landlord rents to Teoani and Tenant rents from Landlord, the real properly and improvements described as 112 E MainStree( descriplion of the Premises.

2. TERii: The lerm begins on (date) June 2422
("Premises"), which
for a further
("Commencement Date"),
(Check
HA.

A or B):

Lease: and shall terminate on (date) June 30,2A24 at 12 EAM n PM. Any holding over after tho tsrm of ihis agreernent expires, with Landlord's con$ent, shall create a month-to-month tsnancy that either party may terminato as specified in paragraph 28, Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance- All other terms and conditions of this agreement shall remain in full force and effect.

I A, Month-to-monlh: and continues as a monthto-month tenancy. Either party may terminate the tenancy by giving written notice to the l_i
other at lea$t 30 days prior to the intended termination date, subject to any applicable laws. Such noiice may b6 given on any date.

C. RENEVVAL OR EXTENSION TERMS: See attached addendum

3. BASE REIIIT:

A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) (1) per nronth, for the term of the agreement.
(2) per monlh, for the first 12 months of the agreement. Comrnencing with the 13th month, and upon expitation of each 12 months rent shall be adjusted according to any increase in the U"S. Consumer Price lndex ofthe Bureau of Labor Statislics of the Department of Labor for All Urban Consumers ("CPl") for (the city nearest the location of the Premises), based on the following forrnula: Base Rent will be multiplied by the most current CPI preceding the first calendar monlh during which the adiustment is to take effect, and divided by lhe most recent CPI preceding the Comrnencemant Date. ln no event shall any adjusted Base Rent be less than the Base Rent for lhe month immediately preceding the adjustment. lf the CPI is no longer published, then the adiustment to Base Rent shall be based on an alternate ind€x that most closely reflects tho CPl.
m (3) $lrJ&pc_*_per month for the period commencing Julv 1,2022 and ending__**JJE 34l?023 and $1,100.09.__per monlh for the period camfiencing July l, 2023 and ending _ Juale ,0...2_0:?1 and 8-permonthfortheperiodcommencing--andending-.

T 1 (a) ln accortlance witn ine aitactred rent schedule. n (5) other: .

B. "iiise'Rent is pay
C. lf ihe Commencement Dat€ falls on any day other than the lirst day of the month, Bas€ Rent for the firsl calendar month shall b€ proratod bas€d on a 30-day period. lf Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30day period.

REl,lT:

A. Oefinition: ("Rent") shall m€an all monetrary obligations of Tenant lo Landlord under the terms of this agreement, except security deposit.

B. Payment: Rent shall be paid to {Name) WCS Properties at (address) or at any other
location specified by Landlord in writing to Tenant.

G. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days afier Tenant is billed by Landlord 5^ EARLY POSSESSION: Tenant is entitled to possession of the Premises on lf Tenanl is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Renl, and (tl) Tenant I is ! is not obligatad to pay Rent olher than Base Rent. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tanant is obligated to comply with all other terms of this agreement.

6. SECURITY OEPOSIT:

A. Tenant agrees to pay kndlord $2,q0A.00 as a security deposit. Tenant agrees not to hold Broker responsibie for its return. (lF CHECKED:) I lf Base Rent in€reasss during tho t€rm of this agreem€nt, Tenant agrEes to increase security deposit by the same proportion as ths increase in Base Rent, B. All or any porlion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenanl's default in payment of Rent, late charges, non-suf{icient funds ("NSF") fees. or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (iii) broom clean the Premises, if necessary, upon termination of tenanry; and (iv) cover any other unfulfilled obligation of Tenant, SECURITY DEPOSIT SHALL NOT BE USED EY TENANT lN LIEU OF PAYMET'IT OF LAST MONTH'S RENT. ll all or any ponion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after wrilten notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shall: (i) furnish Tenant an itemized stiaternent indicating the amount of any seanrity deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.

However, if the Landlord's only claim upon the $ocurity deposit is for unpaid Rent, then the remaining porlion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit, unless required by local ordinance, Lendlord'slnitials l._........................" .) {" .".-"-,._-} Tenant's lnitials t_--) t _ _-) L
O 2015, Caliaolnia Association of REALTORSG). lnc.
cL REVISED 12l15 (PAGE 1 OF 6) A PLPll. l72l EAST llt^lr.. S'rRl:t r lJ Cr.ri vsllcy CA 95r{5 Phone: 530274.7653 Fax; 5f,M15-a907 turta lir Produced with Lm Wol[ Tr8n$ctDns (.ipFdm Edition) 717 N lia@d St, Suite 2200, Dallas. TX 75201 w.ixdf.com l.l2 E illiltr St
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Item # 18.

Premisesl 142 E" Main Slraet Grass vallev. C4 95945 Date June ,0,2022 7, PAYMENTS:

TOIAL AUE
PAYMEN"T
BEC"EIYM ffAtANEE-alJE OUEIA]E
A. Rent: From A6/15/2022 To A6fio/2022 $ 650.00 $ 650.00 Date
B. SecurityDeposil, ".. 2-000.ao 2"40A,00
Julv Rent 1.300.40 1,300.00
Caiegory
Categ0ry
3,950.00
L PARKING: Tenant is entitled to *Unrcserved and reserved yehicle right to pa.king [ ] is [ ]r
shall be an additional $
is nol includsd l* the Eess R€flI chdrgsd pur$uant to parsgffi$iTil,rotl'riiIlffiln ths Bass Rent, C. Other:

D. Other:

E. Tolal:
$
$
$
$
$
$
t
$
c
$
$
$ 3,950.00
parking spaces. The
the parking rentsl feo
per month. Parking space(s) are to be used for parking operable motor"vehicies, except for l.ailers, boats, campers, buses or trucks (other than pick-up kucks). Tenant shall park in assigned space{s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked ln parking spaces or on the Premises. Mechanical work or storage of inoperable vehicios is not aliowod in parking spaco(s) or elsewhere on the Prernises. No overnight parking is permitted. rhe right ro additional storage sfiace flis ffiis not includil-'ii-ifrfEfreH6fri*ffied-pild#,t tl;"pa aprl il A;d fi Base Rent, storagespaCeshallbeanadditional$-perm0nlh'Tenantshal|storeonlyperSonalpropertythat.fenantowns,andShallnot store properly that is claimed by another, or in which anolher has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dafigerous or hazardous malerial. Tenant shall pay for, and be responslbl€ for, the clean-up of any conlamination caused by Tenant's ure of the slorage area.

10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payrnent of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extramely difficult and impractical to determine. These costs may include, but are not limited to, processing, anforcement and accounting expenses, and late charges inrposed on Landlord. lf any installment of Rent due from Tenant is not received by Landlord within 5 calendar dayi after date due, or if a check is relurned NSF, Tenant shall pay to Landlord, respectively, $ffggg__ as late charge, plus 10% interest per afinum on the delinquent amount and $25,00 as a NSF fee, any of which shall be de8med additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Ienant's late or NSF payment. Any late charge. de,inquent interest, or NSF lee due shail be paid with the current inslallment of Rent.

Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as 1o any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the dale Rent is due under paragraph 4, or prevent Landlord frorn exercising any othor rights and remedies under this agreement, and as provided by law,

11. CONOaTIOH OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptioris:

Iterns listed as exceptions shall be dealt with in the following manner:

12. ZOttlNG AND LAND USE: Tenant accepts the Premises sutrject to all local, state and federal laws, regulalions and ordinances ("Laws"). Landlord makes no represenlation or warranty that Premises are now or in the fulure will be suitable for Tenantl use, Tenant has made its own investigation regarding all applicable Laws.

J3, TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilitles and services directly billed to Tenant.

14. PROPERTY OPERATING EXPENSE$:

A, Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bill$, insurance, and real property taxes, based on the ratio of the square footage of lhe Prernises to the total square footage of the rentable space in the €ntire property.

OR B. 4 does not

15. USE: The Premises are for the sole use as ?_-efklfig..Lot No other use is permilted without Landlord's prior written consent. lf any use by Tenant eauses an increase in the premium on Landlorc's existing property insurance, Tenant shall pay for the increased cost" Tenant will comply with all Laws af€cting its use of the Premises.

16. RULESIREGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any tims posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guosts and licensees of Tenant do not, disturb, annoy, endanger, or inlerfere with other tenants of the buildins or neighbors, or use the Premises for any unlawFul purposes, including, but not Ilmited to, using, manufacturing, selling, sloring, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a wasle or nuisance on or about the Prernises,

17. MAINTENANCE:

A. TenantOR fl (lf checkad, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plunrbing and wal€r systems, if any, and keep glass, windows and doors in operable and safe condition. Unless Lancllord is checked, if Tenant fails to maintain the Premises, Landlord may contract for or
B. Landlord OR ll (1, checked, Tenant) shall
pedorm such maintenance, and charge Tenant for Landlord's cost.

I maintain lhe roof, loundalion, exterior walls, common areas and Landlord's lnitials l__) l_) Tenant,s lnitials
cL REVISED r2l,ts (PAGE 2 OF 6)
coMMERCtAL LEASE AGREEMENT (CL PAGE 2 OF 6)
( , {__l
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Item # 18.

Oate June 14, 2022
1S. ALTERATION$:Tenanlshall notmakeanyalteralionsinoraboutthePremises,rncludinginstallationoftradeiixturesandsigns,withoutLandlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according ts Law and with required p6rmit$. Tenant shall give Landlord advanc€ notice of the commencement date of any planned alteration, so that Landlord, at its option. may post a Notice of Non-Responsibility to prevent potential llenB agains! Landlord's intere$t in the Premises. Landlord may also require Tenant to provide Landlord with lien releases frorn any contractor performing work on lhe Premises. ',l9. GOVERT{MENT IMFOSED ALTERATIONS: Any allerations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible lor any other alterations required by Law.

20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for lhe purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary oa agreed services, or to show Premises to prospective or actual purchasers, tenants. mortgagees, lenders, appraisers, or contractor$. Landlord and Tenant agree that 24 hourc notice (oral or written) shall be reasonable and sufficient notice, ln an emergency, Landlord or Landlord's representative may enter Premises at any time without prior nolice.

21. SlGr{S: Tenanl authorizes Landlord to olace a FOR SALH sign on the Premises al any time, and a FOR LEASE sign on lhe Pramises within the g0 (orfl-)dayperiodprecedingthetefn}inationoftheagreement.

22. SUBLETTING/ASSIGNMENT: Tenant shall not sublel or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained. any subletting, assignment, transfer. or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignfilent, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or ttansfer, and does not release Tenant of Tenant's obligation under this agreement,

23. POSSESSION: lf Landlord is rrnable to deliver possessir:n of Prernises on Coninrencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. lf Landlord is unable to deliver possession within 60 (or [l_ ] calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded ali Rent and security deposit paid.

24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shsll: (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (ii) nracate Premises and surrender it to Landlord smpty of all persons and personal proporty; (lll) vacate all parking and slorage spaces; {iv} deliver Premises to Landlord in th€ sarne condition as referenced in paragraph 11; (v) clean Premises; {vi} give written notice to Landlord of Tenant's forwarding address; and {vii} ;
nevertheless require Tenant to remove any such improvement lhat did not exist at the time possession was made available to Tenant,.

25. BREACH OF COHTRACT/EARLY TERMINATIONT ln event Tenant, prior to expiration of this agre€rnent, breaches any obligation in this agreement, abandons the premises, or gives nolice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent, rental csmmissions, advertising expenses, and painting costs necessary to ready Premises for re-rental. Landlord may also recover from Tanant: (i) ths worth, at lhe tims of award, of the unpaid Rent that had been earned at lh6 time of termination: (ii) the worth, at lhe time of award, of the amount by which the unpaid Rent thst would haye been earned after expiration until the time of award exceeds the amount of such ranlal loss the Tenant proves could have been reasonably avoided; and (aiil the worth, at lhe time of award, of the amount by which the unpaid Rent for the balance of lhe term after the tirne of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in ef,ect for so long as Landlord does not terminate Tenant's right to possession, by sither written notice of termination of possession or by reletting the Premises to another who lakes poBssssion, and Landlord may enforce all Landlord's rights and remedies under lhis agreement, including the right to recover the Rent as it becomes due^

26. DAMAGE TO PREMISES: lf, by no fault of Tenant, PrBmis€s ar€ totally or partially damaged or dsstroyed by fir€, earthquake, accidont or other casualty, Landlord shall have the right to restore the Premises by repair or rebuiiding. lf Landlord elecls to repair or rebuild, and is able to complete such restoration within g0 days from the date of damage, subjoct to the terms oi this paragraph, this agreement shall remain in full force and effect. lf Land{ord is unable to restore the Premises witnin this time, or if Landlord slects not to restore, then either Landlord or Tenant may terminate this agreemenl bv giving the other wrilten notice. Rent shall be abaled as of the date of damage. The abated amount shall be the current monthly Base Rent proraled on a 3Gday basis. lf this agreement is not lerminated, and the damage is not repaired, then Rent shall be reduced based on the extent lo which the damage interferes with Tenanfs reasonable use of the Promisos. lf total or partial d€struclion or damage occurs as a result of an act of Tenant or Tenanfs guests, (i) only Landlord shall have the right, at Landiord's sole discretion, within 30 days after such total or partial destruction or damage to treat the lease as terminated by Tenant, and (ii) Landlord shall have the nght to recover damages from Tenant.

27. HAZARDOUS MATERIALS; Tenant shall not use, store, generate, release or d;$pose of any hazardous malerial on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of $uch materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant.

28. CONDEMNATION: lf all or part of the Prernises is condemned ior public use, either party may terminate this agr€ement as of the date possession is given lo lhe condemner" All condemnation proceeds, exclusive of thos€ allocated by the condemner to Tenant's relocation costs and trad€ fixtures, belong to Landlord.

29. INSURANCE: Tenant's oersonal properfy, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, thelt, vandalism, rain, water, criminal or negligent acls of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. ln addition, Tenant shall carry (i| liability insurance in an amount of not less than $ll!lt&[09:l]0_ and (il) property insurance in an amount sufficient to cover the replacernent cost of'the property ifTenant rs responsible for maintenance under paragraph 178, Tsnant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate of insurance establisning Tenant's compliance. Landlord shall maintain liability rnsurance insuring Landlord, but not Tenant, in an amount of at least $-_ , plus property insurance in an amount sufficienl lo cover the replacement cost of the prop€rty unless Tenant is responsible for maintenance pursuant to paragraph 178. T€nant is advised to carry business interruption insurance in an amount at leasf sufticient to cover Tenant's complete rental obligation to Landlord" Landlord is advised to oblain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance.

Landlord's lnitials t.. l (-**--) Tenant's lnitials l_.-) t ..._- ) cL REVTSEO 12115 (PAGE 3 OF 6)
COMt'rlERClAL LEA$E AGREEIIIENT (CL PAGE 3 OF 6]
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DRAFT

Item # 18.

Premises: 142 E. Main Slr€el, Grass valley, CA 95945 Dale June 10,2022

30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certlficate), delivered to Tenant by Landlord or Landlord's agent, within 3 rjays after its feceipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as moditied, and state the moditications. Failure to cornply with this requirernent: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is kue and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as a material breach of this agreoment. Tenant shall also prepare, exscute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer.

31. LAIiIDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interesl shall be substituted as Landlord under this agreement.

Landlord will be released ot any further obligahon 1o Tenant r€garding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually trBnsferred to the lransfereo. For all other obligations under this agteement, Laldlord is released of any further liability to Tenant, upon Landlord's transfe..

32. SUBORDIN,ATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of lrust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals. modilications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entsred into aft6r execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if T€nant is not in default and so long as Tenant pays the Rent and obseryes and performs all of the provisions of this agreement, unless this agreemenl is otheruise terminated pursuant to its terms. lf any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prio. to that mortgage, deed of trust, or ground lease, or lhe dale of recording.

33. TENANT REPRESENTATION$; GREOIT: Tenanl warrants that all statements in Tenan|s financial documents and rental application are accurate.

Tenant aulhorizes Landlord and Broker(s) to obtain Tenanl's credit report at time of application and periodically dudng tenancy in connection wllh approyal, modillcation. or enforcement cf lhis agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit reporl(s); or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit reporl reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under lhis agreem€nt.

34. COI{STRUCTION.RfLATED ACCESSIBIL|TY STANOARO$r Lendlord states that the Premises [_] hao. or ffihas not bsen inspected by a Cerillkd Access Spociali$t. lf so, Landlord states that lhe promrsos [lhas, or f-ltras not been detenninsd to meet all applicabte constructionrelated accessibility standards pursuant to Civii Code Section 55.53.

35. OISPUTE RESOLUTION:

A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreernent, or any resulting transaction, before resorting to arbitratron or court action, subject to paragraph 358(2) below. Paragraphs 358(2) and (3) apply whelher or not the arbitration provision is initialed, M€diation fees, if any, shall be divided equally among the parties involved. lf for any dispute or claim to which lhis paragraph applies, any party commences an action withoul first atlempting to resolve lhe matter through m€diation, or refuses to mediate after a request has been made, then that party shall not be enlilled to recover attorney fees, even if they would otheMise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION lS INITIALED, B. ARBITRATION OF DISPUTES: (l) Tenant and Landlord agreo that any diepute or claim in Law or equity arising between them out of thls agresmont or any resulting transaclion, which is not settled through mediation. shall be declded by neutral, binding arbitratlon, including and sublect lo paragraphs 358(2) and (3) below. The arbitrator shall be a retired judge or iustice, or an attorney wilh at least 5 years of real estate transactional law experience, unless the parlies mutually agroe to a different arbitrator, who shall render an award in accordance with substantive California Law. ln all other respects, the arbllralion shall be conducted ln accordance with Part l1l, Title g of the California Code of Civil Procedure. Judgment upon the award of tho arbitrator(s) may be enterad in any court having jurlsdiction. Tho parlies shall hsvo tho right to discovery in accordance wlth Code of Clvll Procedure $'l 283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a judicial or non-judicial foreclosure or other aclion or proceeding to enforce a deed of trust, mortgage, or installmenl land sale contract as defined in Civil Code 52985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; (iv) any matter thal is within the jurisdiction of a probate, small claims, or bankruptcy court; and {v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure $337.1 or 5337.15 applies. The filing of a court action to enable the recording ot a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.
(3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims invdving silher or both Brok€rs, provided oither or both Brokers shall hav8 agreed lo such mediation or arbitration, prior to, or within a reasonable time afier the dispute or claim is presented to Brok€rs.

Any election by either or both Brokers to participate in mediation or arbitration shdl not result in Brokers being deemed parties to the agreement. "NOTICE: BY INITIALING lN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS ]NCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION DEGIDED BY

NEUTRALARBITRATION AE PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATEO IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDIC1AL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION. IF YOU

REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE

COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOURAGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.' *WE HAVE READ AND UNDERSTAND THE FOREGOING AND I\GREE TO SUBMIT DISPUTES ARISING

OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."
Landlord's lnitials I Tenant's lnitlals I
t.andlord's lniti8ls Tenant's lnitials
cL REvrsED 12fi5 (PAGE 4 OF 6)
coMMERCtAL LEASE AGREEMENT (CL PAGE 4 OF 6)
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Item # 18.

Premises: 142 E. Main Skeet, Grass valley, CA 959its Dale Jure 10, 2A22

36. JOINT AND INDIVIDUAL OBLIGATIONS: lf th6rs is more than one Tenant, €ach one shall be individually and completely responsible for the performance of all obligations of Tenant under this agreement, jointly with every other Tenant, and individually, whether or not in possession. 37, NOTICE:Noticesmaybeservedbymeil,facsirnile,orcourieratthelollowingaddressorlocation,oratanyotherlocationsubsequentlydesignated:

Landlord: WC S P roqatlies Tanantl Citv of Grass Vallev Notice is deemed effective upon the earliost of the following: (i) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or (iii) 5 days after mailing notice to such location by first class mail, postage pre-paid.

30. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach. 3S. INDEMNIFICATION: Tenant shall indemniiy, defend and hold Landlord harmless from all claims, dispulas, litigation, judgmenls and attorney fees arising out of Tenant's use of the Premises.

40. OTHER TERTIIS AND CONOITIONS'SUPPLEMENTS:

WCS has agreed to flx / seal cracr(s and sea, as phqlt. f he Clty witl reimburse fot completed work.

Parking bt ANLY, does not include lhe space underneath 139 fliciardsso.

W!!1SI{X!$ need T partios passes {tolail tor teagnti a! IIQ-F.llflin ASPL E.*MRit , afler lhq extertot steirc ar inslalled ?t ,3-9-8.!rain* "
orrly 6p4sses wiil be needed.

CiU to maiotain landscape bordering the lol, while landlord raill Brovlde ifiiqation.

WCS wlll remove existins Bollards.

Removable Bollards will be installed by the City al the 170 E Main e*d of the tot for pedastrian irr,gress & egress.

The following ATTACHED supplemenlslexhibits are incorporated in this agreementl I Onfi^n A.rFAment /C A R oA)

41. ATTORIIEYFEES:lnanyactionorproceedingarisingoutofthisagreement,theprevailingpartybeh,veenLandlordandTenantshall beentitledto reasonable attorney fees and costs from he non-prevailing Landlord or Tenant, except as provided in paragraph 35A.

42. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement, which constitutes the entire contracl. lt is intended as a linal expression of the parties' agreement, and may not be contradicted by evidence of any prior agreement or contemporanoous oral agreement. The parti€s further intend that thrs agreom8nt constilutes the complete and excluslo statement of its terms, and thst no extrinsic evidence whatsoever may be introduced in anyjudicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit of, the heirs, assignees and successors to the parties.

43. BROKERAGE: Landlord and Tenant shall each pay to Broke(s) lhe fee agreed to, if any, in a separate writlen agreement, Neilher Tenant nor Landlord has utilized the services of, or for any other reason owes compensation tn, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including, but not limited to, inquiries, introductions, consultations, and negotiat;cns leading to this agreernent. Tenant and Landlord each agree to indemnify, defend and hold harmless th€ other, and the Brokers specified herein, and lheir agents. from and against any co$ts, expenses, or liability for compensation claimed inconsistcnt with the warranty and representation in thi$ psragraph 43.

44. AGENCY CONFIRMATION: The following agency relationships are hereby confrrmed for this transaction:

Listing Agent: Paul LE* frgg,tfu (Print Firm Name) is the agent of (check one):
ffi nJlanotor
Selling Agent: _ .. (Print Firm Name) (if not same as Listing Agent) is the agent of (check one):
[ ] t elenant Tenant and Landioro.

Real Estate Brokers are not parties lo the agreemenl between Tenant and Landlord.

Landlord's lnitials (_) T6nant,s lnitials ( ) (
. t
cL REVTSED 12115 (PAGE 5 OF 6)
coMMERCtAL LEASE AGREEMENT (CL PAGE 5 Or 6l
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Item # 18.

Premises: 142 E, Main Sfreet, Grass valley, CA 95945 Date June 10,201.2 Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; {ii) cannot verify repreeenlations made by others; {iii} will nol verify zoning and land use rsstriclions; (iv} cannot provide legal or tax advice; (v) will nol provide other advice or information that exceeds the knowledge, Gducation or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not decide whal rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tonancy. Landlord and Tenant agree that they will soek legal, tax, insurance, and other desired assistance from appropriate profess ionals.

Tenant Date
WCS Properlies
(Print name)
Address
Tenant
City State
Date
Zip-
(Print name)
Address City State
--
Zip
--
iJ GUARANTEE: ln consideration ol the execution of this Agreement by and between Landlord and Tenant and {or valuable consideralion, receipt of which is hereby acknowledged, the undersigned ("Guarantor") Coes hereby: {l} guarantee unconditionally to Landlord and Landlord's agents, sucoessors and assigns, the pmmpt paymenl of Rent or other surns that become due pursuant to this Agreement, including any and all murt costs and attorney fees inc,uded in enforcing the Agreement; (il) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iii) waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occuring under this Agreem€nt before seeking to enforce this Guarantee.

Guarantor (Print Name)
Guarantor Date
Address City State zip
Telephone
-.
-*.. Fax
Landlord agrees to rent the Premises on the above terms and conditions.

Landlord
E-mail
Date
(owner or agenl with authority to enter into this agreement) Address
Landlord
Address
-
city
-
state
-
Zip
--* (owner or agenl with authority to enter into this agreernent) Date
Date
City _ State _ Zp _
Agency relationshipo are confirmed as above. R6al estate brokers who are nol also Landlord in this agreement are not a party to the agreemenl oetween Landlord and Tenant.

Real Estate Broker (Leesing Firm) DRE Lic. #
By (Agent) DRE Lic. #
Address City State _ Zip
Telephone _ Fax E-mail
Real Estate Broker (Lisling Firm) Paul Law Realty DRE Lic. # By (Agent) DRE Lic, # Date
Matt Law
Address 1721 EAST MAIN SfREEf #3 City Grass Valley State CA Zip 95915 Telephone 530.271.7653
any porlion lherml, by pholocopy machine or any olher means, including facsimilB or computerized tormats.

THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@ (C.A.R"). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OT ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON OUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC,
a subsidiary of lhe Celifomia Association oi REALIORS@
525 South Virgil Avenue, Los Angeles, Caiifornia 90020
cL REVTSED 12115 (PAGE 5 OF 6)
coMMERCtAL LEASE AGREEMENT (CL PAGE 6 OF 6)
Froduc6C with Lons Woll Transactions (erpForfi Edilion) 717 N HaNoed St, Suit€ 2200. Dallas, TX 75201 w.lwolflcorn E. ffi
142 E illlir Sr
DRAFT

Item # 18.
cA LI FOI{NI A coMMERcTALLEASEcoNSTRUcIoN ASSOCIATION
oF REALToRs,D AccEsslBl"'j;T.f,?[luo'*
This is an addendum to the Commercial Lease Agreement (lease) dated in which
Mqy 3_l,2Ql2
and WCS Properties
is referred to as "Landlord"
is referred to as "Tenant".

Paragraph 34 of the lease is deleted in its entirety and replaced by the following; Paragraph 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS:

A. Lindlord states that the Premises I nave, or l! have not been inspected by a Certified Access Specialist (CASp) B. lf the Premises have been inspected
(1) Landlord states thatthe Premises
by
E
a CASp,
have, or [l frave not been determined to meet all applicable construction-related accessibility standards pursuant to Civil Code Section 55.53. Landlord shall provide Tenant a copy of the report prepared by the CASp (and, if applicable a copy of the disability access inspection cefrificate) as specified below. (2) l_,] (ii Tenant has receivod a copy of the report at least 48 hour$ bafore executing this lease. Tenant has no right to rescind the lease based upon information contained in the report. OR l_-i1li; fenant has received a copy of the report prior to, but no more than, 48 hours before, executing this lease.

Based upon information con{ained in the report, Tenant has 72 hours after execution of thb lease to rescind it.

OR fl liiil tenant has not received a copy of the report prepared by the CASp prior to execulion of this lease.

Landlord shall provide a copy of the report prepared by the CASp (and, if applicable a copy of the disabilily access inspection certificate) within 7 days after execution of this lease. Tenant shall have up to 3 days thereafter to rescind the lease based upon information in the report.

C. lf the Premises have not been inspected by a CASp or a certificate was not issued by the CASp who conducted the inspection,
"A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." D. Notwithslanding anything to the contrary in paragraph 17, 18, 19 or elsewhere in the lease, any repairs or modifications
responsibility
necessary to
of Tenant, ]
correct violations of construction related accessibility standards to the Premises are the Landlord, Other
Date
Date
Tenant (Signature)
Tenant (Signature)
Tenant (Print name)
Landlord (Signature) Date
Landlord (Print name)
Landlord (Signature) Date
Landlord (Print name)
this form, or any porlion lhereof, by photocopy machine or any other means, including facsimile or compuLerized formatsTHIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@. NO REPRESENTATION IS MADE A5 TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUATIFIED TO ADVISE ON REAL ESTATE TFANSACTIONS. lf YOL, DESIRE L.EGAL OR TAX ADVICE, CONSULT AN APPROPRIAIE PROFESSIONAi-. This form is made availablo to r€al astate prolessionals lhrough a3 agreemenl $rith or purchase from ths California Associatlon of REALTORS@" lt is not intended to idefltify the user as a REALTORT&. REALTORo is a registored collective membership mark which may be used oflly by members of tho NA fIONAL ASSOCIATION OF REALTORS@ wtp subscribe to its Code of Ethics. [,
Published and Distributed by:

REAL ESTATE BUSINESS SERVICES. LLC.
a subEidiary of the Cnl-rFOR rlA ASSOCIATION OF REALTORSG) 525 South Vingil Avenue, Los Angeles, California 90020
cLcA REVTSED 11/r6 (PAGE 1 OF 1)
Reviewed by_ 6
ESSIBILITY ADDENDUM PAGE 1 OF 1
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Item # 18.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Certification of promotional list for Battalion Chief, Captain, and Engineer Recommendation: That Council 1) certify the newly developed promotional eligibility list for Captain, and Engineer effective June 29, 2022
Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 06/28/2022 Date Prepared: 06/22/2022 Agenda: Consent
Background Information: The Grass Valley Fire Department conducted promotional testing for Captain and Engineer over the last month. Certification of the promotional list will allow the Fire Department to fill promotional vacancies now and, in the future, as they occur.

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

Item # 19.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Collection of delinquent sewer and/or water accounts on the Nevada County tax roll
Recommendation: After holding a public hearing, adopt Resolution 2022- 58 requesting that the County of Nevada levy and collect delinquent water and sewer service charges on the tax roll.

Prepared by: Taylor Day, Deputy City Clerk
Council Meeting Date: 6/28/2022 Date Prepared: 6/23/2022 Agenda: Public Hearing
Background Information: Health and Safety Code Section 5473 authorizes the City to place delinquent sewer and/or water service charges on the tax roll for collection after the approval by a two-thirds vote by the members of the City’s legislative body. This is done in the same manner as property taxes are handled. This action was last performed in 2021. The City uses this option for sewer and/or water accounts where service cannot be discontinued as a collection method. Since the County started using the teeter plan for the distribution of tax revenues, the City has been receiving sewer and/or water bills placed on the tax roll even if the property owner doesn’t pay the tax bill. The method is very effective and allows the City to collect charges from customers that have not made payment.

All affected property owners have been notified as required by the Health and Safety Code. Any amounts received from customers prior to submitting this request will be removed from the list.

The delinquent amount as of June 24, 2022, is $97,116.87, by the June 28, 2022, City Council Meeting this amount could be less due to any payments received. The City mailed notification letters on June 10,2022 to inform property owners of any delinquent balances. A list of the delinquent accounts will be provided to the Council prior to the meeting
Council Goals/Objectives: The Collection of delinquent sewer and/or water accounts on the Nevada County tax roll executes portions of work tasks towards achieving/maintaining Strategic Plan Goal #7 – Water and Wastewater Systems & Underground Infrastructure.

Fiscal Impact: N/A

Item # 20.

Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments: R2022-58

Item # 20.

RESOLUTION NO. 2022 - 58

A RESOLUTION REQUESTING THE NEVADA COUNTY BOARD OF SUPERVISORS

TO AUTHORIZE THE COUNTY AUDITOR AND THE COUNTY TAX COLLECTOR

TO LEVY AND COLLECT DELINQUENT SEWER AND/OR WATER SERVICE CHARGES

AGAINST CERTAIN PROPERTIES WITHIN THE CITY OF GRASS VALLEY

AND THE UNINCORPORATED TERRITORY OF NEVADA COUNTY
WHEREAS, the City of Grass Valley has submitted bills to certain property owners for sewer and/ or water charges assessed in accordance with Grass Valley Municipal Code Chapter 13.12; and WHEREAS, the recipients of SEWER and/or WATER services applicable to those charges have not made payment; and
WHEREAS, the California Health and Safety Code Section 5473 authorizes a City to place delinquent sewer and/or water charges on the tax roll after the approval by a two-thirds vote by the members of the legislative body;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Grass Valley, as follows:

1. That the Nevada County Board of Supervisors is hereby requested to authorize the Nevada County Tax Collector to levy and collect unpaid sewer and/or water charges in the amount and against the Parcel and Owners of Record as set forth on Exhibit "A" attached hereto and incorporated herein by this reference.

2. Exhibit "A" represents charges that are more than 60 days delinquent as of June 24th, 2022 and does not reflect payments received after that date. Exhibit "A" is subject to deletion for owners rendering payment prior to submitting to the County.

3. That the City Council understands that costs for this service will be charged in accordance with the "Standard Form Tax Collection Services" contract between the City of Grass Valley and the County of Nevada.

ADOPTED as a Resolution of the Council of the City of Grass Valley at a meeting thereof held on the 28
th of June 2022, by the following vote:

AYES: Council Member
NOES: Council Member
ABSENT: Council Member
ABSTAINING: Council Member
_______________________________________
Ben Aguilar, Mayor
ATTEST: _______________________________________
Taylor Day, Deputy City Clerk

APPROVED AS TO FORM: _______________________________________ Michael G. Colantuono, City Attorney

Item # 20.

Name Service Address Balance
GRASS VALLEY TERRACE 275 DORSEY DR GRASS VALLEY, CA 95945‐6232 $      18,139.80 JOHN TROUTWINE 100 S AUBURN ST GRASS VALLEY, CA 95945‐7006 $        3,025.26 CONTE & CRAIG 1721 E MAIN ST GRASS VALLEY, CA 95945‐7006 2,540.28 $ TAMMIE FOX 193 GLENBROOK DR GRASS VALLEY, CA 95945‐5126 $        2,441.68 SHELLY COVERT 641 S AUBURN ST GRASS VALLEY, CA 95945‐7535 $        2,154.37 KAREN KNECHT 1641 E MAIN ST GRASS VALLEY, CA 95945‐5216 $        2,092.99 KRISTEN ANDRADE 304 E MAIN ST GRASS VALLEY, CA 95945‐6510 $        1,574.21 MICHAEL & CAROLYN INGLIS 891 E MAIN ST GRASS VALLEY, CA 95945‐5808 $        1,554.84 PAUL T HOPPER 323 RACE ST GRASS VALLEY, CA 95945‐7328 $        1,510.36 GWENDOLYN DAVIS 357 MILL ST GRASS VALLEY, CA 95945‐6713 $        1,442.75 CLIFF BRYANT 245 E MAIN ST GRASS VALLEY, CA 95945‐6507 $        1,427.10 KATHERINE ABBOTT 214 GREEN MOUNTAIN LOOP GRASS VALLEY, CA 95945 $        1,369.04 KENNETH FIORAVANTI 188 SCOTIA PINES GRASS VALLEY, CA 95945‐5419 $        1,332.86 Timothy Person 559 WHITING ST GRASS VALLEY, CA 95945‐7520 $        1,297.82 LEONARDO TAYLOR 119 KENDALL ST GRASS VALLEY, CA 95945‐6853 $        1,288.99 SAVANNAH AND SCOTT KERKSIECK 107 MOHAWK ST GRASS VALLEY, CA 95945‐7213 $        1,228.70 PAUL JAFFE 353 PLEASANT ST GRASS VALLEY, CA 95945‐6633 $        1,208.31 DUANE GEORGE PIZZO AND DAVID ALLEN PIZZO 147 S AUBURN ST GRASS VALLEY, CA 95945‐6516 $        1,197.55 JUDITH ELLIS 218 DEPOT ST GRASS VALLEY, CA 95945‐6827 $        1,185.23 HENRY RAMOS II 334 NORTHSTAR PL GRASS VALLEY, CA 95945‐5937 $        1,183.82 SUSAN ARMISTEAD 121 WILSON ST GRASS VALLEY, CA 95945‐6335 $        1,168.74 DAVID SZKOTAK 859 FOREST GLADE GRASS VALLEY, CA 95945‐5410 $        1,154.20 EILEEN L WRIGHT 229 CHAPEL ST GRASS VALLEY, CA 95945‐7139 $        1,122.59 KAREN HARNESS 143 E EMPIRE ST GRASS VALLEY, CA 95945‐7331 $        1,104.07 RICHARD VOGT 537 BRIGHTON ST GRASS VALLEY, CA 95945‐7142 $        1,079.98 FRANK BENNALLACK 100 OCEAN AVE GRASS VALLEY, CA 95945‐7528 $        1,076.40 DAWN GRIFFITH 102 OCEAN AVE GRASS VALLEY, CA 95945‐7528 $        1,062.56 Kyle Reddick 106 E COLFAX AVE GRASS VALLEY, CA 95945‐6809 $        1,046.91 TERRY J MC GUIRE 147 CONAWAY AVE GRASS VALLEY, CA 95945‐7305 $        1,025.50 CAROL HILLS 634 BRIGHTON ST GRASS VALLEY, CA 95945‐7052 $        1,019.16 BRUCE KNOBLOCK & LINDA DELONG 138 MAINHART DR GRASS VALLEY, CA 95945‐7206 $        1,013.41 JAMES C & JAN G PACK 105 W EMPIRE ST GRASS VALLEY, CA 95945‐7510 $           998.14 STEVE COTE 214 DEPOT ST GRASS VALLEY, CA 95945‐6827 $           985.53 Matthew Kellegrew 123 RACE ST GRASS VALLEY, CA 95945‐7324 $           961.61 KATHLEEN PEACE 111 STENNETT ST GRASS VALLEY, CA 95945‐6825 $           922.80 EGOZI URI HALPERT NOAM 715 W MAIN ST GRASS VALLEY, CA 95945‐6409 $           900.76 WILLIAM ROBERT HARE JR. AND ELIZABETH CORINNE HARE 128 LIDSTER AVE GRASS VALLEY, CA 95945‐5606 $           880.00 Lovi Bucknell 282 HORIZON CIRCLE GRASS VALLEY, CA 95945‐9712 $           880.00 TERRY M GREBENS 830 ATKINS RD GRASS VALLEY, CA 95945‐9315 $           880.00 OSCAR MENDOZA 210 CATHERINE LN GRASS VALLEY, CA 95945‐5802 $           842.60 BIG A ROOT BEER DRIVE‐IN 810 E MAIN ST GRASS VALLEY, CA 95945‐5809 $           821.28 WAYNE/JEFF PETERSON 444 S AUBURN ST GRASS VALLEY, CA 95945‐7233 $           806.30 JEFFREY HARTER 322 BUENA VISTA ST GRASS VALLEY, CA 95945‐7210 $           786.37 ROLLAND WILLIAM M & LISA A TRSTES 140 SUCCESS MINE LOOP GRASS VALLEY, CA 95945 $           770.00 REGINALD KING 950 IDAHO MARYLAND GRASS VALLEY, CA 95945‐5943 $           763.88 SHELLY BRUST 120 MILL ST GRASS VALLEY, CA 95945‐4799 $           706.69 MELISSA NAPIERSKI 587 BLIGHT RD GRASS VALLEY, CA 95945‐7007 $           700.00 BRIE MENDOZA 144 JOYCE DR GRASS VALLEY, CA 95945 $           674.04 GREGORY CARMICHAEL 348 E MAIN ST GRASS VALLEY, CA 95945‐6510 $           660.00 DANIEL ROBERTSON 590 DELIA CT GRASS VALLEY, CA 95945‐7016 $           660.00 NELLIE DOWER 209 WILEY LN GRASS VALLEY, CA 95945‐7330 $           660.00 JANINE MARTIN 159 NORTHRIDGE DR GRASS VALLEY, CA 95945‐9711 $           660.00 BERGERON & MONDRAGON 616 PARTRIDGE RD GRASS VALLEY, CA 95945‐7463 $           660.00 LEO DAVIS 228 GLENBROOK DR GRASS VALLEY, CA 95945‐5129 $           660.00 VIRGIL WONG 287 W OLYMPIA DR GRASS VALLEY, CA 95945‐5136 $           660.00 FTCRA LLC 122 CATALPA LN GRASS VALLEY, CA 95945‐5253 $           660.00 TKR Properties LLC 221 GLENBROOK DR GRASS VALLEY, CA 95945‐5128 $           660.00 MITCHEL SYLVA 183 GLENBROOK DR GRASS VALLEY, CA 95945‐5127 $           660.00 SHANNA HOMMEL 199 UPPER SLATE CREEK RD GRASS VALLEY, CA 95945‐7713 $           660.00 MARILYN HINTZE 104 N CHURCH CT GRASS VALLEY, CA 95945‐6278 $           620.13

Item # 20.

PATRICK MCCORMICK 137 TOWNSEND ST GRASS VALLEY, CA 95945‐6416 $           616.91 LINDA ORTEGA 539 IVY ST GRASS VALLEY, CA 95945‐6125 $           593.41 CAMEO & BRENDAN THOMPSON 10213 ASPEN RD GRASS VALLEY, CA 95945‐9319 $           550.00 PAULINE P DODDS 164 HOLBROOKE WAY GRASS VALLEY, CA 95945‐9700 $           550.00 Kenneth Brazelton 104 SAMANTHA WAY GRASS VALLEY, CA 95945‐9766 $           550.00 KELLEY GARITTY & NATHAN RANNIE 134 W EMPIRE ST GRASS VALLEY, CA 95945‐7511 $           527.07 WILLIAM AVERY & NANCY PARRAZ 530 LINDEN AVE GRASS VALLEY, CA 95945‐6109 $           517.38 GINGER VAN WAGNER 230 FAIRMONT DR GRASS VALLEY, CA 95945‐9709 $           474.83 JEAN RULAND 577 BLIGHT RD GRASS VALLEY, CA 95945‐7007 $           460.00 DEBBIE WILSON & LARRY MILILLO 132 CELESTA DR GRASS VALLEY, CA 95945‐5651 $           460.00 WANDA CRISTEL 102 WINDSOR LN GRASS VALLEY, CA 95949‐9564 $           446.58 SARAH NUNNINK 147 ARCADIA DR GRASS VALLEY, CA 95945‐5615 $           440.00 RI GRASS VALLEY 562 SUTTON WAY GRASS VALLEY, CA 95945‐5306 $           428.71 Benjamin Samuel Harmon 121 MURPHY ST GRASS VALLEY, CA 95945‐6322 $           403.38 MARK TOPOLINSKI 144 IDAHO MARYLAND GRASS VALLEY, CA 95945‐5814 $           379.92 MALOU THOMPSON 305 MILL ST GRASS VALLEY, CA 95945‐6713 $           379.36 ELIZABETH MILLER 126 EUREKA ST GRASS VALLEY, CA 95945‐6348 $           372.71 Joyce Bradford Stinnett 544 DOUGLAS Ave GRASS VALLEY, CA 95945 353.83 $ MARK RYAN 260 HUGHES RD GRASS VALLEY, CA 95945‐5604 $           330.00 DIANA BABB 222 ELYSIAN PL GRASS VALLEY, CA 95945 $           330.00 K & M PARTNERSHIP 2344 NEV CITY HWY GRASS VALLEY, CA 95945‐9316 $           305.96 DR ABBIE WHITEHEAD 561 IDAHO MARYLAND GRASS VALLEY, CA 95945‐5947 $           304.35 HARMAN MANAGEMENT CORP 11963 NEV CITY HWY GRASS VALLEY, CA 95945‐9397 $           269.83 CHARLES ANTOURI 159 CATHERINE LN GRASS VALLEY, CA 95945‐7006 $           267.38 Thomas Hearst 291 MANOR DR GRASS VALLEY, CA 95945‐5124 $           264.00 Brian Wagner 10247 ASPEN RD GRASS VALLEY, CA 95945‐9319 $           233.97 RI GRASS VALLEY LLC 578 SUTTON WAY GRASS VALLEY, CA 95945‐5306 $           173.41 $      93,884.29

Item # 20.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Cannabis Selection Appeals of Sierra Flower Co. LLC and NUG, Inc., d.b.a. NUG Grass Valley regarding storefront retail commercial cannabis permit selection.

Recommendation: That Council approve the Hearing Officer’s final findings and recommendations and adopt the proposed resolution.

Prepared by: Thomas Last, Community Development Director Council Meeting Date: 6/28/2022 Date Prepared: 6/23/2022 Agenda: Public Hearing
Background Information: The Grass Valley Municipal Code sets limits on the type and number of cannabis businesses allowed in the City. Because of these limits, the City created a two-step application process to evaluate, rank, and select which applicants could apply for a regulatory permit and land use entitlements to operate in the City.

For the first step, the City received seven applications for the ability to apply for the City’s single retail storefront dispensary. Last winter, the Commercial Cannabis Selection Committee (Committee) completed its review and scored each cannabis screening application submitted for a commercial cannabis business. The Committee’s scoring determined that Grass Valley Provisions was the top ranked applicant for this license type, and it was approved to apply for a Commercial Cannabis Permit.

Two of the six unsuccessful applicants, Sierra Flower Co. LLC (Sierra Flower) and NUG, Inc., d.b.a. NUG Grass Valley (NUG), filed timely appeals of the Committee’s decision.

These appeals were referred to a hearing officer for adjudication under the City’s Commercial Cannabis Appeal Procedures. The City Council appointed the Honorable Al Dover (ret.) as the hearing officer. According to the parties’ stipulated briefing schedule, Sierra Flower and NUG filed opening briefs, the City and Grass Valley Provisions filed responsive briefs, and Sierra Flower and NUG filed reply briefs. In addition, the City provided the hearing officer and the parties with a record of evidence related to the Selection Committee’s decision, on which all parties relied, as well as some additional evidence certain parties provided. Based on this record, the hearing officer issued a tentative decision on April 22, 2022, in which he recommended both appeals be overruled in their entirety. Upon the appellants’ request, the hearing officer held an oral hearing on May 19, 2022, at which all parties appeared and were represented by counsel.

On May 25, 2022, the hearing officer issued his final findings and recommendations, in which he recommends the Selection Committee’s decision be affirmed in its entirety,

Item # 21.
and the appeals thus denied. The hearing officer’s final findings and recommendations are attached to this staff report.

Discussion: Under section 5(c) of the City’s Commercial Cannabis Appeal Procedures, the City Council may adopt (in all or part) or modify the hearing officer’s recommendation or remand it to the hearing officer for further consideration. To determine whether to adopt, modify, or remand the hearing officer’s recommendation, the City Council has discretion to either: (1) make a final decision based on the administrative record before the hearing officer and the hearing officer’s written recommendation without further input from the appellants, City staff, and Grass Valley Provisions; or (2) order an oral hearing on the hearing officer’s recommendation. (Comm. Cannabis Appeal Proc., § 5(b).)
Staff recommends the City Council allow Appellants Sierra Flower and NUG, as well as Grass Valley Provisions, to provide comment, open the public hearing to take public comments, and allow Appellants an opportunity to respond. It may then decide whether to adopt (all or in part) or modify the hearing officer’s final findings and recommendation or remand the decision for further consideration. If the City Council decides to adopt the hearing officer’s recommendation, a proposed resolution to do so may approved for this purpose.

Council Goals/Objectives: This item pertains to work tasks towards achieving/maintaining High performance government & quality service Fiscal Impact: N/A
Funds Available: N/A Account #: N/A
Reviewed by: City Manager
Attachments:
 R2022-
 Hearing Officer Dover’s Findings

Item # 21.
281559.v4
RESOLUTION NO. 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY ADOPTING THE HEARING OFFICER’S RECOMMENDATION ON THE
APPEALS OF NUG, INC. AND SIERRA FLOWER CO. LLC FROM THE SELECTION COMMITTEE’S DECISION ON SCREENING APPLICATIONS

FOR A STOREFRONT RETAIL CANNABIS DISPENSARY PERMIT
WHEREAS, in November of 2020, the City approved Ordinance No. 806, which permitted and regulated a variety of separately licensed cannabis businesses, including storefront retail, delivery-only retail, testing laboratories, cannabis manufacturing, distribution, and cultivation or nurseries;
WHEREAS, Ordinance No. 806 allows a single storefront retail cannabis business permit in the City unless and until the City meets a population threshold it has not met; WHEREAS, the Community Development Director developed application procedures and regulations for the selection of commercial cannabis permittees (“Regulations”), the City received public comment on those procedures, and the City Council adopted the application procedures and permit fees in May 2021;
WHEREAS, the City accepted screening applications for commercial cannabis permits from May through August 2021, and received seven screening applications for retail dispensary businesses;
WHEREAS, in July 2021 City appointed a Selection Committee to review and score the storefront retail screening applications in accordance with the Regulations; WHEREAS, the City received seven applications for the opportunity to apply for the single storefront retail cannabis business permit, including applications from Grass Valley Provisions, Sierra Flower Co. LLC, and NUG, Inc.;
WHEREAS, after a review of the applications, the Selection Committee unanimously selected Grass Valley Provisions to apply for a storefront retail cannabis permit; WHEREAS, Sierra Flower Co. LLC and NUG, Inc. timely appealed the decision of the Selection Committee under the Community Development Director’s procedures for appeals (“Appeal Procedures”);
WHEREAS, the City Council referred the appeals to an impartial hearing officer, retired Nevada County Superior Court Judge Al Dover (“Hearing Officer”), to hear the appeals and to recommend a decision to the City Council;

Item # 21.
281559.v4
WHEREAS, at 11:00 a.m., May 19, 2022, the Hearing Officer held a hearing on the appeals at Grass Valley City Hall, 125 E. Main Street, Grass Valley, California, at which Ariana Van Alstine of AAVA Consulting, LLC appeared on behalf of appellant Sierra Flower Co. LLC, Stephen L.

Ramazzini appeared on behalf of appellant Nug, Inc., Cameron Brady of Ingram Brady appeared on behalf of real party in interest Grass Valley Provisions, and David J. Ruderman of Colantuono, Highsmith & Whatley, PC appeared on behalf of the City of Grass Valley; and WHEREAS, after hearing both written and oral argument, the Hearing Officer recommends the City Council affirm the decision of the Selection Committee.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council notified the appellants of its consideration of the Hearing Officer’s recommendation by mailing a copy of a draft of this resolution, the hearing officer’s recommendation, and the notice of the public hearing before the City Council.

Section 3. The City Council has considered the administrative record regarding the appeals of Sierra Flower Co. LLC and NUG, Inc., including any supplements thereto, the evidence submitted by parties to the Hearing Officer, the briefs of all parties, the tentative and final recommendation issued by the Hearing Officer, oral presentations by the appellants, the real party in interest, and other interested parties at the hearing before the City Council.

Section 4. The City Council adopts the recommendation of the Hearing Officer to affirm the decision of the Selection Committee in full. The Hearing Officer’s recommendation is attached as Exhibit A and incorporated herein by this reference. This constitutes the City’s final decision on the appeals and the Appeal Procedures do not provide for reconsideration of this resolution.

Section 5. This Resolution is exempt from CEQA under Business and Professions Code, section 26055, subdivision (h) (CEQA does not apply to “an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity”) and California Code of Regulations, title 14, section 15061, subdivision (b)(3) (“CEQA applies only to projects which have the potential for causing a significant effect on the environment”). Adoption of the Hearing officer’s recommendation constitutes “discretionary review and approval” of a permit to engage in commercial cannabis activity. Additionally, adoption of the Hearing Officer’s recommendation cannot have a significant effect on the environment because it does not authorize a land use; it only authorizes the successful applicant to apply for a land use permit.

Section 6. The Deputy City Clerk is hereby directed to give notice of this decision in the manner required by Code of Civil Procedure section 1094.6, subdivision (b) to the appellants

Item # 21.
281559.v4
and the real party in interest. The City hereby gives notice that the time within which judicial review of this action must be sought is governed by Code of Civil Procedure section 1094.6.

ADOPTED as a resolution of the City Council of the City of Grass Valley at a regular meeting held on the 28th day of June 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

Item # 21.

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Item # 21.

Item # 21.

Item # 21.

Item # 21.

Item # 21.

Item # 21.

City of Grass Valley
City Council
Agenda Action Sheet
Title: CDBG Memorial Park Facilities Improvement Project – Program Amendment Recommendation: That Council authorize a Community Development Block Grant (CDBG) program budget amendment to allocate additional Program Income (PI) towards the CDBG Memorial Park Facilities Improvement Project construction contract.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: 6/28/2022 Date Prepared: 6/23/2022 Agenda: Administrative
Background Information: On August 26, 2020, the City was notified of its award of a Community Development Block Grant in the amount of $3,499,281 for the CDBG Memorial Park Facilities Improvement Project. The Project involves the construction of new swimming pools, softball field turf installation, restroom replacement, and pickleball and basketball court construction, among other numerous park facility improvements. A construction contract with Western Water Features was executed in the amount of $4,734,436 on June 8, 2021, to complete the CDBG Memorial Park Facilities Improvement Project and is now nearing completion.

In the original grant application process, Staff requested that an estimated $160,000 in Program Income collected during the grant period be allocated towards the project budget. In fact, significantly more PI funds have accumulated during the project timeline and are anticipated to total approximately $760,000. The California Department of Housing and Community Development administers the CDBG Program and requires the execution of a budget amendment to add any available funds to the project after initial approval. A Council Resolution and an opportunity for public participation on the use of PI funds is requested in order to enact the amendment.

Amending the CDBG Program project budget to allow the use of up to $600,000 in additional PI funds will more completely fund the public facility improvements and will be used 100% to cover construction costs of activities identified in the original project scope of work. Staff request that Council approve the attached Resolution, authorizing the budget amendment and allow for any public comment on the use of this funding.

Council Goals/Objectives: Improvements funded with this action execute portions of work tasks towards achieving/maintaining Strategic Plan Goal – Recreation and Parks.

Fiscal Impact: Added PI will reduce the local funds (Measure E) necessary to fully fund the project.

Item # 22.

Funds Available: Yes Account #: 300-406-64140
Reviewed by: ____ City Manager

Item # 22.

RESOLUTION NO: 2022-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY AUTHORIZING A CDBG PROGRAM BUDGET AMENDMENT OF $600,000 IN AVAILABLE

PROGRAM INCOME FUNDS
WHEREAS, the City of Grass Valley has entered into a Grant Agreement with the Department of Housing and Community Development (HCD) under the Community Development Block Grant Program in the amount of $3,499,281.00 to fund the CDBG Memorial Park Facilities Improvement Project; and
WHEREAS, the initial project budget identified the use of an estimated $160,000 in Program Income received over the term of the grant; and WHEREAS, the City of Grass Valley will have received approximately $760,000 in Program Income by the end of the project; and
WHEREAS, the City of Grass Valley has entered into a Construction Contract in the amount of $4,734,436.00 to complete the CDBG Memorial Park Facilities Improvement Project and the scope of work identified in the grant proposal; and WHEREAS, the $600,000 in additional Program Income is best spent by allocating the funds to the City’s active CDBG Public Facilities Project through a budget amendment process; and
WHEREAS, the opportunity for public input on the proposed use of Program Income funds has been permitted; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY; that the City authorizes HCD to enact a project budget amendment to allocate an additional $600,000 of Program Income to fund the CDBG Memorial Park Facilities Improvement Project, for a total budget amount of up to $760,000 in Program Income ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 28
th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:
___________________________________
Ben Aguilar, Mayor

APPROVED AS TO FORM: ATTEST:
________________________________ ___________________________________ Michael G. Colantuono, City Attorney Taylor Day, Deputy City Clerk

Item # 22.