On the agenda: Grass Valley City of Grass Valley City Council Meeting - Sep 14, 2021 — ALPR (Sep 14)

GRASS VALLEY
Closed Session City Council Meeting
Tuesday, September 14, 2021 at 5:30 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California
Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected]
Web Site: www.cityofgrassvalley.com

AGENDA
Any person with a disability who requires accommodations to participate in this meeting
should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the
meeting to make a request for a disability related modification or accommodation.
NOTICE OF CLOSED SESSION MEETING
Notice is hereby given That The City Council Of Grass Valley will hold A Closed Session
Meeting on Tuesday, September 14, 2021 At 5:30 PM in the Mayor’s Conference Room Of
Grass Valley City Hall, 125 East Main Street, Grass Valley, CA 94945
CALL TO ORDER
ROLL CALL
TOPICS FOR DISCUSSION
1. Public Employee Performance Evaluation (Gov. Code § 54957)
Title: City Manager
2. Conference with Real Property Negotiator (Gov. Code § 54956.8)
Property Address: 472 Brighton Street, Grass Valley, CA 95945
Agency Negotiator: Tim Kiser, Mark Buttron
Negotiating Parties: Nevada County Consolidated Fire District
Under Negotiations: Both Price & Terms of Payment
3. Conference with Real Property Negotiator (Gov. Code § 54956.8)
Property Address: APN: 07-540-63, 07-550-12, 29-290-28, 29-290-42, 29-350-02, 29350-03, 29-350-16, 29-350-04, 29-350-02, 22-120-28, 22-120-33, 22-120-39, 22-16027, 22-130-27, 22-300-31,22-300-29
Agency Negotiator: Tim Kiser
Negotiating Parties: New Verde Mines, LLC
Under Negotiations: Both Price & Terms of Payment

4. Conference with Real Property Negotiator (Gov. Code § 54956.8)
Property Address: 12549 Auburn Rd, Grass Valley, CA 95945
Agency Negotiator: Tim Kiser
Negotiating Parties: Bear Yuba Land Trust
Under Negotiations: Both Price & Terms of Payment
ADJOURN
POSTING NOTICE
This is to certify that the above notice of a Closed meeting of The City Council, scheduled
for Tuesday, September 14 2021 at 5:30 PM was posted at city hall, easily accessible to the
public, as of 5:00 p.m. Thursday, September 9, 2021.
________________________
Taylor Day, Deputy City Clerk

City of Grass Valley, CA

AGENDA

September 14, 2021

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and
Redevelopment "Successor Agency"
Tuesday, September 14, 2021 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California
Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected]
Web Site: www.cityofgrassvalley.com

AGENDA
Any person with a disability who requires accommodations to participate in this meeting
should telephone the City Clerk’s office at (530)274-4390, at least 48 hours prior to the
meeting to make a request for a disability related modification or accommodation.
VIRTUAL MEETING NOTICE
In response to Governor Newsom's Executive Order N-08-21 and Resolution 2020-09 Declaring
the Existence of a Local Emergency related to the COVID-19 pandemic, public participation in
the City of Grass Valley City Council and other public meetings shall be electronic only, and
without a physical location for public participation, until further notice in compliance with
California state guidelines on social distancing. City Council welcomes you to attend the
meetings electronically, which are scheduled at 7:00 p.m. on the 2nd and 4th Tuesdays of
each month. Your interest is encouraged and appreciated.
This meeting is being broadcast “live” on Comcast Channel 17 by Nevada County Media, on
the internet at www.cityofgrassvalley.com, or on the City of Grass Valley YouTube channel
at https://www.youtube.com/channel/UCdAaL-uwdN8iTz8bI7SCuPQ. Indexed archives of
meetings are available via this link as well.
Members of the public are encouraged to submit public comments via voicemail at (530) 2744390 and email to [email protected]. Comments will be reviewed and distributed
before the meeting if received by 5pm. Comments received after that will be addressed during
the item and/or at the end of the meeting. Council will have the option to modify their action
on items based on comments received. Action may be taken on any agenda item.
Agenda materials, staff reports, and background information related to regular agenda items
are available on the City of Grass Valley website: www.cityofgrassvalley.com. Materials
related to an item on this agenda submitted to the Council after distribution of the agenda
packet will be made available on the City of Grass Valley website at
www.cityofgrassvalley.com subject to City staff’s ability to post the documents before the
meeting.
If you do not have the means to participate in meetings electronically, contact the City
at (530) 274-4390 and staff will be happy to identify alternative means for you to
participate.

Page 1

CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL - The City Council reserves the right to hear items in a different order
to accomplish business in the most efficient manner.
REPORT OUT OF CLOSED SESSION
INTRODUCTIONS AND PRESENTATIONS
1. Soroptimist International of Grass Valley Proclamation celebrating 100 year
anniversary of the imitation of Soroptimist.
2. OES Presentation
PUBLIC COMMENT - Members of the public are encouraged to submit public comments via
voicemail at (530) 274-4390 and email to [email protected]. Comments will be
reviewed and distributed before the meeting if received by 5pm. Comments received after
that will be addressed during the item and/or at the end of the meeting. Council will have
the option to modify their action on items based on comments received. Action may be
taken on any agenda item.
CONSENT ITEMS - All matters listed under the Consent Calendar are to be considered
routine by the City Council and/or Grass Valley Redevelopment Agency and will be enacted
by one motion in the form listed. There will be no separate discussion of these items
unless, before the City Council and/or Grass Valley Redevelopment Agency votes on the
motion to adopt, members of the Council and/or Agency, staff or the public request
specific items to be removed from the Consent Calendar for separate discussion and action
(roll call vote).
3. Approval of the Regular Meeting Minutes of August 24, 2021
Recommendation: Council approve minutes as submitted.
4. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation
declaring a Local State of Emergency
5. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of
Emergency
6. Agreement with Flock Group Inc. for fixed point ALPR products and services
Recommendation: Approve (1) one year agreement with Flock Group Inc. and
authorize the Chief of Police to sign the agreement, subject to legal review; and (2)
direct the finance director to make appropriate budget adjustments
7. Acceptance of Volunteer Fire Assistance (VFA) Program Grant
Recommendation: Approve Resolution 2021-052 accepting the grant; authorize
Captain Scarafiotti to execute the agreement; approve budget adjustment as
determined by the Finance Director.
City of Grass Valley, CA

AGENDA

September 14, 2021Page 2

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
8. Planning Commission 4/0 Recommendation of General Plan Amendments, Rezones and
Tentative Parcel Map of three dis-contiguous properties located at 354 North Church
Street, 1784 Ridge Road and 457 Brunswick Road.
Recommendation: The Planning Commission recommends that the City Council
approve the General Plan Amendments, Rezones and Tentative Parcel Map, as
amended by the Planning Commission, which includes the following actions:
1)Determine the project Statutorily Exempt as the appropriate level of environmental
review in accordance with the California Environmental Quality Act (CEQA) and
Guidelines; 2) Adopt a Resolution Amending the General Plan as outlined in this Staff
Report (Exhibit B); 3) Adopt an Ordinance Amending the Zoning as outlined in this
Staff Report (Exhibit C); 4) Adoption of Findings of Fact for approval of the General
Plan Amendments, Rezones and Tentative Parcel Map, as presented in the Staff
Report; and, 5) Approve the General Plan Amendments, Rezones and Tentative Parcel
Map in accordance with the Conditions of Approval as presented in the Staff Report.
ADMINISTRATIVE
9. Mill Street Project Conceptual Approval and Next Steps
Recommendation: That Council approve final preliminary concept and direct staff to
prepare 30% plans.
BRIEF REPORTS BY COUNCIL MEMBERS
ADJOURN
POSTING NOTICE
This is to certify that the above notice of a Closed meeting of The City Council, scheduled
for Tuesday, September 14, 2021 at 7:00 PM was posted at city hall, easily accessible to the
public, as of 5:00 p.m. Thursday, September 9, 2021.
________________________
Taylor Day, Deputy City Clerk

City of Grass Valley, CA

AGENDA

September 14, 2021Page 3

Item # 1.

PROCLAMATION
In Honor of Soroptimist
of Grass Valley

WHEREAS, the Soroptimist organization, founded on October 3, 1921, works to
economically empower women and girls through access to education, and
WHEREAS, the Grass Valley Club was formed in 1964, and
WHEREAS, the Grass Valley Club has been an integral part of Grass Valley’s
community for the past 57 years, and
WHEREAS, the Grass Valley Club has improved the lives of Grass Valley’s
women and girls by:
•
•
•
•

Annually awarding at least one Live your Dream Award which enables a woman
head of household to return to school to obtain skills to permit her to reinter the
workforce
Annually awarding a vocational scholarship to a young woman graduating from
high school
Annually awarding multiple “mini” grants (averaging $1,000-$2,000) to local
nonprofit organizations that serve a substantial number of women/girls
Providing clothes and personal care products to women who are seen at the
Sierra Nevada Hospital because of sexual assault

NOW THEREFORE BE IT RESOLVED; that the Grass Valley City Council
congratulates the Soroptimist for its 100th anniversary and does hereby proclaim October
3, 2021, Soroptimist International of Grass Valley Day throughout Grass Valley,
California.

Dated this 14th Day of September 2021
_____________________________
Ben Aguilar, Mayor

____________________________
Jan Arbuckle, Vice Mayor

_____________________________
Bob Branstrom, Council Member
_____________________________
Tom Ivy, Council Member

_____________________________
Hilary Hodge, Council Member
Page 4

Item # 3.

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and
Redevelopment "Successor Agency"
Tuesday, August 24, 2021 at 7:00 PM
Council Chambers, Grass Valley City Hall | 125 East Main Street, Grass Valley, California
Telephone: (530) 274-4310 – Fax: (530) 274-4399
E-Mail: [email protected]
Web Site: www.cityofgrassvalley.com

MINUTES
CALL TO ORDER
Mayor Aguilar called meeting to order at 7:04 PM
PLEDGE OF ALLEGIANCE
Mayor Aguilar led the pledge of allegiance.
ROLL CALL
PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Council Member Tom Ivy
Vice Mayor Jan Arbuckle
Mayor Ben Aguilar
AGENDA APPROVAL Motion made to approve agenda as submitted by Vice Mayor Arbuckle, Seconded by Council
Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice
Mayor Arbuckle, Mayor Aguilar
REPORT OUT OF CLOSED SESSION
No closed session.
INTRODUCTIONS AND PRESENTATIONS
1. Purchase and acquisition of the Sierra Guest Home - Executive Director Nancy
Baglietto will share Hospitality House’s timeline and its planned use for the
property. She will be focusing on housing seniors, consistent with the building’s
current use. Over time, Hospitality House looks forward to the potential opportunity
of partnering with the City to compete for grants funds that could, in turn, renovate
the existing buildings and expand the number of units.
2. Fire Presentation
Page 5

Item # 3.

PUBLIC COMMENT Tom Last, Community Development Director, made a public comment about Idaho Maryland
Mine. Two public comments were submitted regarding Idaho Maryland Mine and are
attached. Public comment submitted for item #7 from Diana Gamzon.
CONSENT ITEMS Item #11 has a revised resolution number R2021-49. Item #8 had a copy of R2021-08, on page
33, was inserted by error to the agenda packet.
Councilmember Ivy requested to pull item number #7.
Motion made to approve Consent Items with noted changes by Vice Mayor Arbuckle.
Seconded by Council Member Hodge.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice
Mayor Arbuckle, Mayor Aguilar
3. Approval of the Regular Meeting Minutes of August 10, 2021.
Recommendation: Council approve minutes as submitted.
4. Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation
declaring a Local State of Emergency
5. Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of
Emergency
6. Amendment to Agreement for Legal Services – Colantuono, Highsmith & Whatley, PC
Recommendation: Adopt Resolution No. 2021 - 48 approving the Amendment to Legal
Services between the City of Grass Valley and Colantuono, Highsmith & Whatley, PC
effective September 1, 2021.
7. Local Transportation Fund (LTF) Claim for Transit and Paratransit Operations
Recommendation: That Council adopt a resolution requesting that Nevada County
Transportation Commission (NCTC) allocate $452,602 of the City’s FY 2021/22
estimated apportionment of LTF in support of transit and paratransit services.
8. 2021 Annual Street Rehabilitation Project – Authorization to Bid
Recommendation: That Council 1) approve the findings that the project is
categorically exempt from the provisions of the California Environmental Quality Act
(CEQA); and 2) authorize the advertisement for bids.
9. Highway Safety Improvement Program Grants – Approve Authorized Representative
Recommendation: That Council adopt a resolution designating the Assistant City
Engineer as the authorized representative to execute agreements and sign
documents on the City’s behalf, as required by the Department of Transportation for
Highway Safety Improvement Program Grant funded projects.

City of Grass Valley, CA

MINUTES

August 24, 2021Page 6

Item # 3.

10. Revision to Annual Inflation Increase for Water, Sewer, and Development Impact Fees
Recommendation: That Council adopt Resolution No. 2021-49 clarifying Resolution
No. 2021-44 and revising the annual inflation increase to the existing water, sewer,
and development impact fees
11. New Cingular Wireless California Option and Lease Agreement – Fourth Amendment
Recommendation: That Council authorize the Mayor to execute the Fourth
Amendment to the California Option and Lease Agreement with New Cingular Wireless,
subject to legal review.
12. Valley View Drive Water Line Replacement Project – Authorize Contract Award
Recommendation: That Council 1) authorize the Assistant City Engineer to award a
contract to CME Services, Inc. and 2) authorize the Assistant City Engineer to approve
construction change orders for up to 10% of the contract amount.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
13. Cannabis Committee Update
Recommendation: That Council approve a three-member Cannabis Selection
Committee instead of a four member committee approved on July 13, 2021.
Tim Kiser, City Manager, gave overview of the staffs request. Michael Colantuono,
City Attorney, gave some clarifications on the process and the idea of keeping this
process going by the books. Tom Last, Community Development Director, gave
clarification on the time line of the application review, and selection process.
Council had discussion on if three people were enough to have a diverse enough
body or if five would be better.
Motion made to approve a three-member Cannabis Selection Committee instead of a
four member committee approved on July 13, 2021 by Vice Mayor Arbuckle,
Seconded by Council Member Hodge.
Voting Yea: Council Member Branstrom, Council Member Hodge, Vice Mayor
Arbuckle, Mayor Aguilar
Voting Nay: Council Member Ivy
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
ADMINISTRATIVE
14. Consideration of a request to defer development impact fees and a reimbursement
agreement for the upsizing of a new sewer line.
Recommendation: Authorize the City Attorney to prepare, and City Manager to
negotiate and sign, two agreements; one that allows the deferral of, and a payment
plan for, development impact fees, and one for a reimbursement plan for upsizing a
sewer line that is tied to transient occupancy tax payments.
Tim Kiser, City Manager, gave presentation of what staff is proposing for having a
reimbursement agreement with this property owner.
City of Grass Valley, CA

MINUTES

August 24, 2021Page 7

Item # 3.

Council discussed if there was a sort of security for the city in this agreement give
the business goes bankrupt.
Motion made to authorize the City Attorney to prepare, and City Manager to
negotiate and sign, two agreements; one that allows the deferral of, and a payment
plan for, development impact fees, and one for a reimbursement plan for upsizing a
sewer line that is tied to transient occupancy tax payments by Council Member
Hodge, Seconded by Vice Mayor Arbuckle.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy,
Vice Mayor Arbuckle, Mayor Aguilar
15. Agreement for public safety dispatch services between the City of Grass Valley, the
Town of Truckee, the City of Nevada City, and the County of Nevada
Recommendation: Approve a five-year agreement with the County of Nevada to
provide police dispatch services to the City of Grass Valley.
Alex Gammelgard, Police Chief, gave presentation to the council.
Council had discussion about the critical component of having a good dispatch
service, and expressed concern about the increase over the 5 years.
Motion made to five-year agreement with the County of Nevada to provide police
dispatch services to the City of Grass Valley by Vice Mayor Arbuckle, Seconded by
Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy,
Vice Mayor Arbuckle, Mayor Aguilar
16. Mill Street / Main Street Permitted Use of Public Right of Way
Recommendation: That Council provide direction to staff on permitting of public right
of way (portions of downtown streets)
Tim Kiser, City Manager, gave presentation to Council and what staff is proposing in
requiring for the Mill Street Encroachment Permit process. This would be valid for
space directly in property frontage. If a business wants to use the space next to the
storefront’s property, we will require written approval from the property owner and
the business owner.
Council discussed having a fee of $2.00 a day with a onetime fee of $45 for
application processing, until improvements are made, and at which time the fee
would increase to $5.00 a day. Business that would choose to be on the street year
round and pay for the yearly permit would receive January & February for free.
BRIEF REPORTS BY COUNCIL MEMBERS
Council Member Branstrom attended the opening of the County Fair and Cal Cities Round
Table about new regulations on Street Vendor. He also wants to remind everyone to be kind
to one another. Council Member Ivy had nothing to report out. Council Member Hodge urges
everyone to be kind, times are hard for a lot of people, and we need to support each other.
Vice Mayor Arbuckle attended the fair, Cal Cities Round table on homelessness, approved
granting each of the diversity cacus to elect their own representative and have their own

City of Grass Valley, CA

MINUTES

August 24, 2021Page 8

Item # 3.

voice. Mayor Aguilar attended the fair, LAFCO, Mayors & Managers Meeting. His kids are back
in school and please be kind.
ADJOURN
Mayor Aguilar adjourned the meeting at 9:32 pm.

_________________________________

_____________________________________

Ben Aguilar, Mayor

Taylor Day, Deputy City Clerk

City of Grass Valley, CA

MINUTES

August 24, 2021Page 9

Item # 3.

Taylor Day
From:
Sent:
To:
Subject:
Attachments:

anonymous
Tuesday, August 24, 2021 11:42 AM
Public Comments
Voice Mail (1 minute and 27 seconds)
audio.mp3

Yes, this is Diana Ryberg I lived at 1212. Seven Crescent Dr Grass Valley. I have lived here all my life. I care about our
county. I really do not want that money put in here. I do believe no matter what they say that a it is a big water issue.
It is a pollution issue. I don't think our creeks and water supplies around here needs to be missed with because of
that. I believe that they are not reliable in what they say, so I really heartfelt do not want that mynhier. And I think it'll
be a polluter no matter what they say. So I'd like you to take that into consideration, and I know a lot of people feel
the same, so thank you. My phone number is
. Thank u.
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1

Page 10

Item # 3.

Taylor Day
From:
Sent:
To:
Subject:
Attachments:

WIRELESS CALLER
Monday, August 23, 2021 9:43 AM
Public Comments
Voice Mail (45 seconds)
audio.mp3

Hi, my name is Lila Fisher and I live at 12374 Larkspur Lane in Grass Valley and District 4. I'm a resident and property
owner. I'm calling to oppose the reopening of the Idaho Maryland mine. Don't want the environmental impacts
associated with mining and think that our state could be leading on environmental issues and leading the way
forward and not doing extractive mining. And as a property owner, I'm concerned about Environmental Quality
issues related to the mind as well as traffic and come in general, just strongly, strongly opposed the reopening.
Thank you, bye.
You received a voice mail from WIRELESS CALLER.

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Page 11

Item # 3.

Taylor Day
From:
Sent:
To:
Subject:

Tara Joeng
Tuesday, August 24, 2021 7:36 PM
Public Comments
Comment On Mill St.

Hello, this is Ben and Tara Joeng. We recently purchased the Swan Levine House/Old W.C. Jones Memorial Hospital. This
is our first city council meeting and we are very excited to get involved with the community!
We would like to comment on the Mill Street proposals. We strongly favor a historic look that will age gracefully and
allow for a diversity of uses. We feel that of the three proposals the "Downtown Promenade" option seems to suit those
goals best.
Thank you!

1

Page 12

Item # 3.

Taylor Day
From:
Sent:
To:
Subject:
Attachments:

Gamzon Diana
Tuesday, August 24, 2021 7:09 PM
Public Comments
Voice Mail (2 minutes and 33 seconds)
audio.mp3

Hello, this is Diana Gamzon, executive director of the Nevada County Cannabis Alliance and I'm calling to speak
about the item on the consent calendar to approve a selection committee of three for the cannabis election process,
and I've spoken out on behalf of the industry in the past. This selection process, and specifically how the selection
process that has been approved in the city of Grass Valley is very dumb, and it's been a bit unusual from the
beginning. I'm having a city manager appoint a selection committee is not the norm in jurisdictions. Usually it is the
elected body of the City Council that is selected to approve the applicants in a competitive process for cannabis.
Further, the original proposed number of four committee members that were selected by the city manager was
questionable for the obvious reason of needing a fifth person to break a tie. Now before you is the consent item to
approve three selecting committee members, and that further raises a question of stakeholder representation to
ensure the best operators are operating in Grass Valley and that there is a variety of opinions. What's an expertise
that are going into The Who is gonna be on the selection committee and also who are representing the people of
the city of Grass Valley. Three is a very small number we would love to see to see the Council direct staff to choose
two additional people so that there can be a well rounded five person selection committee for this competitive
process. At a very minimum, replacing Amy Wilson with a fourth fourth person would be ideal, but keeping it at
three just does not seem representative for such a competitive process. And since this is a presentation also on the
candidate selection process, we would like to know and the industry would like to know what are some of the next
steps in the process that have been established? What is the timeline and also what is the revenue that has been
brought in from the application process that just closed a couple weeks ago? Thank you for the opportunity to
comment.
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Page 13

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Local Emergency Proclamation (COVID-19)
Recommendation: Continuance of Novel Coronavirus (COVID-19) proclamation declaring
a Local State of Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 09/14/2021

Date Prepared: 09/9/2021

Agenda: Consent
Background Information: On March 5, 2020 the City Manager, acting as the Director
of Emergency Services for the City of Grass Valley and the Disaster Council (Vice Mayor
Aguilar and Councilmember Arbuckle), declared a local State of Emergency to ensure
emergency personnel can obtain equipment and resources in the most timely and
effective manner. In accordance with the Emergency Services Act Section 8630 (b) the
governing body must ratify the declared emergency within 7 days for it to remain in
effect. On March 10, 2020, at the Grass Valley City Council Meeting, the City Council
approved Resolution 2020-09, Proclamation of Local Emergency. The City Council shall
review, at its regularly scheduled meeting until the local emergency is terminated, the
need for continuing the local emergency.
On March 16, 2020, the City Manager, acting as the Director of the Emergency Services
for the City of Grass Valley and the Disaster Council (all five Council Members), declared
that all commercial places of public assembly with a Fire Code occupancy limit of 25 or
more persons shall no longer operate for commercial purposes. Places of public
assembly include, but are not limited to, movie theaters, performing arts venues, and
auditoriums. This action does not include restaurants, and/or similar uses, and does
not override the First Amendment right of persons to congregate for non-commercial
activities. To reduce the spread of COVID-19, the Disaster Council approved, at the
Director of Emergency Services’ request, waiving the administrative charges for using
credit cards to pay utility bills for the next 60 days. For more information, see attached
Grass Valley Disaster Council Order 2020-01.
On April 14, 2020, the City Council authorized a local financial emergency and the
necessity to layoff multiple city employees to mitigate the economic impacts of COVID19.

Page 14

Item # 4.

Council Goals/Objectives: Continuance of the proclamation declaring a Local State of
Emergency due to prepare against coronavirus COVID-19 executes portions of City
Strategic Goal #6: Public Safety. The City of Grass Valley is devoted to providing a safe
Place to Live, Work and Play.
Fiscal Impact: The Fiscal Impact is anticipated to be a loss of more than $940,000 in
the General Fund and a loss of $550,000 in the Measure E Sales Tax fund over the rest
of this Fiscal Year and Fiscal Year 2020-21, but due to the constantly changing impacts
of COVID-19 the actual fiscal impact may change.
Funds Available: N/A

Account #: N/A

Reviewed by: __ City Manager
Attachments: None

Page 15

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Local Emergency Proclamation (Drought Conditions)
Recommendation: Drought Conditions proclamation declaring a Local State of
Emergency
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 09/14/2021

Date Prepared: 09/9/2021

Agenda: Consent
Background Information: On May 10, 2021, Governor Newsom modified a State of
Emergency Proclamation that declared that a State of Emergency to exist in California
due to severe drought conditions to include 41 counties, including Nevada County. The
Proclamation directed state agencies to partner with local water suppliers to promote
conservation through the Save Our Water campaign, a critical resource used by
Californians during the 2012-2016 drought. Some municipalities have already adopted
mandatory local water-saving requirements, and many more have called for voluntary
water use reductions.
Nevada Irrigation District (NID) declared a drought emergency throughout the District’s
service area on April 28, 2021, which includes portions of the City of Grass Valley, and
requested that customers conserve 10 percent of their normal water usage. Both NID
and Nevada City have now mandated at least 20% conservation requirements.
On June 22, 2021, City Council approved Resolutions No. 2021-41 declaring a local
emergency due to drought conditions and No.2021-42 mandating water conservation.
All treated Water Customers are required to reduce water use by 20%.
Council Goals/Objectives: This resolution executes portions of work tasks towards
achieving/maintaining Strategic Plan – Water and Wastewater Systems and Underground
Infrastructure. The City of Grass Valley is devoted to providing a safe Place to Live,
Work and Play.
Fiscal Impact: The Fiscal Impact to the Water Fund should minor, but if the drought
continues for several years the impact could be more significant.
Funds Available: N/A

Account #: N/A

Reviewed by: __ City Manager

Page 16

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Agreement with Flock Group Inc. for fixed point ALPR products and services
Recommendation: Approve (1) one year agreement with Flock Group Inc. and authorize
the Chief of Police to sign the agreement, subject to legal review; and (2) direct the
finance director to make appropriate budget adjustments
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: 09/14/2021

Date Prepared: 09/09/2021

Agenda: Consent
Background Information:
The Grass Valley Police Department’s primary mission is to reduce crime, and improve
the quality of life. Although much of the department’s resources are utilized in the
investigation of crime after it has occurred, the more resources that can be applied to
stop crime or deter criminal activity before it occurs, will pay dividends in the long
term. As such, the police department is continuously evaluating opportunities to that
end, specifically, utilizing technology to detect and deter criminal activity when
possible.
At the June 8, 2021 City Council meeting the City Council heard and approved the use
of ALPR (automated license plate reader) technology by the police department. It is
currently in use as a means to enforce timed-parking zones as an “in vehicle” solution.
The police department staff has been evaluating “fixed point” ALPR systems for
deployment throughout strategic public rights-of-way in and around the city. The
department has determined that Flock Safety ALPR systems will best suite our needs
both from a cost perspective, but also integration. The police department currently
utilizes Axon for our body worn camera (BWC) platform and is working to deploy Axon
Fleet in vehicle cameras. The BWC and Fleet systems will work together to create more
comprehensive video evidence related to officer calls for service. Flock Safety is
partnered with Axon for integration of Axon Fleet devices with their ALPR platform.
Flock Safety is the only ALPR platform that seamlessly integrates with existing police
department Axon Evidence.com systems. As such, Flock Safety is being sourced as a
sole source pursuant to 3.08.140 A. of the Grass Valley purchasing policy.
The Flock program is an all-inclusive model for deploying the ALPR cameras. The
additional benefits of the Flock Safety ALPR System are that they charge an annual flat
lease fee per camera of $2,500, which is wireless, free of infrastructure setup, with the
option for solar or direct power access. They also include a two-year warranty, Criminal

Page 17

Item # 6.

Justice Information Services (CJIS) compliant cloud-based hosting systems, unlimited
individual user licenses, ongoing software enhancements, camera setup, mounting,
shipping, handling, and cellular connection. The Flock Safety lease program frees the
city from the burden of costly equipment maintenance and replacement expenditures.
The Flock Safety ALPR System consists of a deployment of strategically placed cameras
throughout an area to provide greater coverage and detailed information for law
enforcement to assist as a crime deterrent and investigative tool. The attached
agreement would consist of 18 devices positioned throughout the city at key ingress
and egress locations. These locations were prioritized by police staff based upon known
avenues of frequent use. These locations provide the optimum effectiveness in
capturing ALPR data from a public right of way. The Flock devices utilize technology
to deduce license plate data, which is then compared with a national law enforcement
Criminal Justice Information Services (CJIS) database to determine if the vehicle is
stolen, associated to a missing person, or wanted as evidence in a serious felony
investigation. If a match is made, the Flock Safety system immediately provides a
mobile notification alert to the officer’s in-car computer or handheld device with the
vehicle information and last captured ALPR location. The system captures still images
only and no streaming video or audio clips.
ALPR systems have proven themselves time and time again in their effectiveness to
solve and deter crime. The use of this technology will continue our efforts toward
comprehensive public safety strategies in Grass Valley.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic
Goal #1 – Exceptional Public Safety
Fiscal Impact: The cost for FY21/22 will be $49,500. Future costs will be built into
future year budgets.
Funds Available: Yes

Account #: Various Funds

Reviewed by: Tim Kiser, City Manager

Page 18

Item # 6.

FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and
the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby
incorporates and includes the “GOVERNMENT AGENCY CUSTOMER AGREEMENT” attached (the “Terms”) which describe and set
forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things,
warranty disclaimers, liability limitations and use limitations.
The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Customer:

Grass Valley Police Department

Contact Name:

Alex Gammelgard

Address:

129 S Auburn St
Grass Valley, CA 95945

Phone:

(530) 477-4600

E-Mail:
Expected Payment Method:

[email protected]

Billing Contact:
(if different than above)

Initial Term: 12 Months

Billing Term: Annual payment due Net 30 per terms and

Renewal Term: 12 Months

conditions

Name

Price

QTY

Subtotal

(Includes one-time fees)
Flock Falcon Camera
Implementation Fee (Public)

$2,500.00

18

$45,000.00

$250.00

18

$4,500.00

Year 1 Total

Flock Group Inc.
Today's Date - Aug 27, 2021
This proposal expires in 30 days.

$49,500.00

Order Form
CA - Grass Valley PD
Page 19

0064v00001sNBjtAAG

Item # 6.

Recurring Total:

45000

Special terms:
N/A

By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and
conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

Flock Group Inc

Customer:

By:
Name: Alex Latraverse
Title:
CRO
Date: 08/27/2021

By:
Name:
Title:
Date:

Flock Group Inc.
Today's Date - Aug 27, 2021
This proposal expires in 30 days.

Order Form
CA - Grass Valley PD
Page 20

0064v00001sNBjtAAG

Item # 6.

EXHIBIT A
Statement of Work

Installation of Flock Camera on existing pole or Flock-supplied pole if required.

Flock Group Inc.
Today's Date - Aug 27, 2021
This proposal expires in 30 days.

Order Form
CA - Grass Valley PD
Page 21

0064v00001sNBjtAAG

Item # 6.

GOVERNMENT AGENCY CUSTOMER AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group,
Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police
department or government agency identified in the signature block below (“Agency”) (each a “Party,” and together,
the “Parties”).
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through
Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Service creates images and
recordings of suspect vehicles (“Footage”) and can provide notifications to Agency upon the instructions of NonAgency End User (“Notifications”);
WHEREAS, Agency desires to purchase, use and/or have installed access to the Flock Service in order to
create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the
Flock System (where there is an investigative purpose) such as schools, neighborhood homeowners associations,
businesses, and individual users;
WHEREAS, because Footage is stored for no longer than (thirty) 30 days in compliance with Flock’s
records retention policy, Agency is responsible for extracting, downloading and archiving Footage from the Flock
System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the
terms and conditions of this Agreement, solely for the purpose of crime awareness and prevention by police
departments and archiving for evidence gathering (“Purpose”).
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals
into this Agreement.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in
this Section 1.
1.1 “Authorized End User” shall mean any individual employees, agents, or contractors of Agency accessing or
using the Flock Services through the Web Interface, under the rights granted to Agency pursuant to this
Agreement.
1.2 "Agency Data” will mean the data, media and content provided by Agency through the Flock Services. For the
avoidance of doubt, the Agency Data will include the Footage and geolocation information and environmental data
collected by sensors built into the Units.
1.3 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that
describe the features, functions and operation of the Flock Services which are provided by Flock to Agency in
accordance with the terms of this Agreement.
1.4 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Hardware.
1.5 “Flock IP” will mean the Flock Services, the Documentation, the Hardware, the Embedded Software, the
Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its
Authorized End Users in connection with the foregoing.

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Item # 6.

1.6 “Footage” means still images and/or video captured by the Hardware in the course of and provided via the Flock
Services.
1.7 “Hardware” shall mean the Flock cameras and any other physical elements that interact with the Embedded
Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded
Software.
1.8 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in
Section 1.9 below.
1.9 “Installation Services” means the services provided by Flock regarding the installation, placements and
configuration of the Hardware, pursuant to the Statement of Work attached hereto.
1.10 “Flock Services or Services” means the provision, via the Web Interface, of Flock’s software application for
automatic license plate detection, searching image records, and sharing Footage.
1.11 “Non-Agency End User” means a Flock’s non-Agency customer that has elected to give Agency access to its
data in the Flock system.
1.12 “Non-Agency End User Data” means the Footage, geolocation data, environmental data and/or notifications of
a Non-Agency End User.
1.13 “Unit(s)” shall mean the Hardware together with the Embedded Software.
1.14 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Flock Services and
Hardware.
1.15 “Support Services” shall mean On-site Services and Monitoring Services, as defined in Section 2.9 below.
1.16 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users
can access the Flock Services in accordance with the terms of this Agreement.
2. FLOCK SERVICES AND SUPPORT
2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive,
non-transferable right to access the features and functions of the Flock Services via the Web Interface during the
Service Term (as defined in Section 6.1) and No-Fee Term, solely for the Authorized End Users. The Footage will
be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to
access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account,
and select a password and username (“User ID”). Flock will also provide Agency the Documentation to be used in
accessing and using the Flock Services. Agency shall be responsible for all acts and omissions of Authorized End
Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a
breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake
reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such
Authorized End User’s use of the Flock Services and shall cause Authorized End Users to comply with such
provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services,
including without limitation using a third party to host the Web
Interface which the Flock Services makes available to Agency and Authorized End Users WARRANTIES
PROVIDED BY SUCH THIRD PARTIES, ARE THE AGENCY’S SOLE AND EXCLUSIVE REMEDY AND
FLOCK’S SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO SUCH THIRD-PARTY SERVICES,
INCLUDING WITHOUT LIMITATION HOSTING THE WEB INTERFACE. To the extent practicable, Agency
agrees to comply with any acceptable use policies and other terms of any third-party service provider that are
provided or otherwise made available to Agency from time to time.

Page 23

Item # 6.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as installed on the Hardware by Flock; in each case, solely as necessary for Agency to use the
Flock Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Service Term in connection with
its use of the Flock Services as contemplated herein, and under Section 2.4, below.
2.4 Usage Restrictions. The purpose for usage of the Hardware, Documentation, Services, support, and the Flock IP
is solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate
government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”).
Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii)
decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any
software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to
derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency
acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such
source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any
of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere
or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove,
obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of
the Flock Services or Flock IP; (vi) use the Services, support, Hardware, Documentation or the Flock IP for anything
other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey,
or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3.
2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock
and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency
acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by
this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock’s sole discretion. There are no implied rights.
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend
Agency’s and any Authorized End User’s access to any portion or all of the Flock IP if (i) Flock reasonably
determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency’s or any Authorized End User’s use
of the Flock Service disrupts or poses a security risk to the Flock Service or any other customer or vendor of Flock;
(c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s
provision of the Flock Services to Agency or any Authorized End User is prohibited by applicable law; (e) any
vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required
to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not
limited to, utilizing the Flock Services for anything other than the Permitted Purpose (each such suspension, in
accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts,
circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to
Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following
any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Flock
Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have
no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that
Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service
Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the
expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at
least one full day).
2.7 Installation Services.
2.7.1 Designated Locations. Prior to performing the physical installation of the Units, Flock shall advise
Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location

Page 24

Item # 6.

allow. Flock and Agency must mutually agree on the location (mounting site or pole), position and angle of the Units
(each Unit location so designated by Agency, a “Designated Location”). Flock shall have no liability to Agency
resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated
Locations or delay in installation due to Agency’s delay in identifying the choices for the Designated Locations, in
ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled
and permits ready. Designated Locations that are suggested by Flock and accepted by Agency without alteration will
be known as Flock Designated Locations. After a deployment plan with Designated Locations and equipment has
been agreed upon by both Flock and the Agency, any subsequent changes to the deployment plan (“Reinstalls”) driven
by Agency's request will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current
Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These
changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing
foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to
vandalism, weather, theft, lack of criminal activity in view, and the like.
2.7.2 Agency’s Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in
and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the
installation work, The “Agency Installation Obligations” include, to the extent required by the deployment plan, but
are not limited to electrical work to provide a reliable source of 120V AC power that follow Flock guidelines and
comply with local regulations if adequate solar exposure is not available. Agency is solely responsible for (i) any
permits or associated costs, and managing the permitting process; (ii) any federal, state or local taxes including
property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become
applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use, or (iii) any
other supplementary cost for services performed in connection with installation of the Hardware, including but not
limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel
(i.e. Traffic Control Officers, Electricians, etc.), such costs to be approved by the Agency. Flock will provide options
to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and
understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock
Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock
Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for
the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution
of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right
title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any
necessary inspections or tests in connection with such installation.
2.7.3 Flock’s Installation Obligations. The Hardware shall be installed in a workmanlike manner in
accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable
time from the time that the Designated Locations are selected by Agency. Following the initial installation of the
Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work
shall cease; however, Flock will continue to monitor the performance of the Units for the length of the Term and will
receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor
performance and provide any necessary maintenance solely as a measure of quality control. Agency can opt out of
Flock’s access to Footage after the initial installation which would waive Flock’s responsibility to ensure such action
was successful. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor
may be provided by Flock or a third party.
2.7.4 Security Interest. The Hardware shall remain the personal property of Flock and will be removed upon
the termination or expiration of this Agreement. Agency agrees to perform all acts which may be necessary to assure
the retention of title of the Hardware by Flock. Should Agency default in any payment for the Flock Services or any
part thereof or offer to sell or auction the Hardware, then Agency authorizes and empowers Flock to remove the
Hardware or any part thereof. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any
damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal
remedy or right.
2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this
Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions,
including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials
are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall

Page 25

Item # 6.

have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.
Any additional expenses incurred by Flock as a result of the discovery or presence of hazardous material or
hazardous conditions shall be the responsibility of Agency and shall be paid promptly upon billing.
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of
Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services,
or the Designated Locations which may improve the performance or functionality of the Services or may improve
the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the
Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).
Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and
maintenance services (“On-Site Services”) in-person or by email at [email protected]. Flock will use
commercially reasonable efforts to respond to requests for support. If Agency chooses to self-install Hardware or
install Hardware on a mobile location, Flock shall make reasonable commercial efforts to provide On-Site Services,
if permissible. Agency shall not be entitled to reimbursement, tolling, or credit for any lapse in Services associated
with the Unit malfunction due to installation on mobile locations (i.e. trailers). Agency shall be subject to Reinstall
Fees for re-positioning Units on mobile locations, or subsequent installation on Flock or other stationary poles.
2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and
support which are indicated in the proposal and on the order form and will become part of this Agreement. To the
extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall
control.
2.11 Changes to Platform. Flock Safety may, in its sole discretion, make any changes to any system or platform
that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock Safety’s products or
services to its customers, (b) the competitive strength of, or market for, Flock Safety’s products or services, (c) such
platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
3. AGENCY RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency Obligations. Upon creation of a User ID, Agency agrees to provide Flock with accurate, complete, and
updated registration information. Agency may not select as its User ID a name that Agency does not have the right
to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to
anyone else without prior written permission of Flock. Agency will not share its account or password with anyone,
and must protect the security of its account and password. Agency is responsible for any activity associated with its
account. Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to
connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock,
including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance
from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to
perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or
any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use
the Services only in compliance with this Agreement and all applicable laws and regulations, including but not
limited to any laws relating to the recording or sharing of video, photo, or audio content and retention thereof. To
the extent allowed by the governing law of the state mentioned in Section 10.6, or if no state is mentioned in Section
10.6, by the law of the State of California , Agency hereby agrees to indemnify and hold harmless Flock against any
damages, losses, liabilities, settlements and expenses, including without limitation costs and attorneys’ fees, in
connection with any claim or action that arises from an alleged violation of the foregoing, Agency’s Installation
Obligations, or otherwise from Agency’s use of the Services, Hardware and any Embedded Software, including any
claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor
Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or
alleged to be) in violation of the foregoing.

Page 26

Item # 6.

4. CONFIDENTIALITY; AGENCY DATA; NON-AGENCY DATA
4.1 Confidentiality. Each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”)
has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business
(hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock is
non-public information including but not limited to features, functionality, designs, user interfaces, trade secrets,
intellectual property, business plans, marketing plans, works of authorship, hardware, customer lists and
requirements, and performance of the Flock Services. Proprietary Information of Agency includes non-public
Agency Data, Non-Agency End User Data, and data provided by Agency or a Non-Agency End User to Flock or
collected by Flock via the Unit, including the Footage, to enable the provision of the Services. The Receiving Party
shall not disclose, use, transmit, inform or make available to any entity, person or body any of the Proprietary
Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are
reasonably necessary and appropriate to preserve and protect the Proprietary Information and the parties’ respective
rights therein, at all times exercising at least a reasonable level of care. Each party agrees to restrict access to the
Proprietary Information of the other party to those employees or agents who require access in order to perform
hereunder. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or
unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no
event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use
(except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such
Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary
Information to send Agency Notifications or alerts, such as when a car exits Agency’s neighborhood, or to analyze
the data collected to identify motion or other events.
The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving
Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by
Receiving Party prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to Receiving Party without
restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the
Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to
any subpoena, summons, judicial order or other judicial or governmental process, provided that the Receiving Party
gives the Disclosing Party reasonable prior notice of such disclosure to obtain a protective order or otherwise oppose
the disclosure. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement
authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief
that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or
request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or
otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a
third party, or the public as required or permitted by law, including respond to an emergency situation. Having
received notice prior to data being deleted, Flock may store Footage in order to comply with a valid court order but
such retained Footage will not be retrievable without a valid court order.
4.2 Agency and Non-Agency End User Data. As between Flock and Agency, all right, title and interest in the
Agency Data and Non-Agency End User Data, belong to and are retained solely by Agency. Agency hereby grants
to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and Non-Agency End
User Data and perform all acts with respect to the Agency Data and Non-Agency End User Data as may be
necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set
forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to
use, reproduce, modify and distribute the Agency Data and Non-Agency End User Data as a part of the Aggregated
Data (as defined in Section 4.4 below). As between Flock and Agency, Agency is solely responsible for the
accuracy, quality, integrity, legality, reliability, and appropriateness of all Agency Data and Non-Agency End User
Data. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of
Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This
Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information
of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day
window to view, save and/or transmit Footage to the relevant government agency prior to its deletion.

Page 27

Item # 6.

4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or
other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and
representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or
resulting from any of the foregoing.
4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to
collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and
other information relating to the provision, use and performance of various aspects of the Services and related
systems and technologies (including, without limitation, information concerning Agency Data and data derived
therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any
personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or
aggregated data based on Agency Data and Non-Agency End User Data input into the Services (the “Aggregated
Data”). Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during
and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the
Services and for other marketing, development, diagnostic and corrective purposes, other Flock offerings, and crime
prevention efforts, and (ii) disclose the Agency Data and Non-Agency End User Data (both inclusive of any
Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search
access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set
forth herein.
5. PAYMENT OF FEES
5.1 Fees. Agency will pay Flock the first Usage Fee, the Implementation Fee and any fee for Hardware (as described
on the Order Form, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following
receipt of invoice, after successful validation of the Units. Flock is not obligated to commence the Installation
Services unless and until the Initial Fees have been made and shall have no liability resulting from any delay related
thereto. Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and
payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or
credit card. The first month of Flock Services corresponding to the first Usage Fee payment will begin upon the first
installation of Hardware. For Agencies who purchase ten (10) or more Units, in the event that only a portion of the
Units are installed at the first installation with additional Units to be installed at a later date, Usage Fees shall be
calculated on a pro rata basis corresponding to the then-installed Units. Agencies will be invoiced for the additional
Units immediately upon installation of the remaining Units.
5.2 Changes to Fees. Flock reserves the right to change the Fees or applicable charges and to institute new charges
and Fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such
Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that
Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date
on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
Inquiries should be directed to Flock’s customer support department. Agency acknowledges and agrees that a failure
to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a
result of such billing error.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for
invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower, plus all expenses of collection, and may result in immediate termination of
Service. To the extent allowable by law or Agency regulations pertaining to tax-exempt entities, Agency shall be
responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income.
5.4 No-Fee Term Access. Subject to Flock’s record retention policy, Flock offers complimentary access to the
Flock System for thirty (30) days (“No Fee Term”) to Agency when Non-Agency End Users intentionally prescribe
access or judicial orders mandate access to Non-Agency End User Data. Agency agrees to pay the Initial Fees and
Usage Fees according to Section 5.1 and will receive Flock’s complimentary access to the Flock Service and

Page 28

Item # 6.

Footage for no additional cost. Should such access cause Flock to incur internal or out-of-pocket costs that are solely
the result of the access, Flock reserves the right to invoice these costs to Agency under Section 5.3 and Agency
agrees to pay them. The complimentary No-Fee Term access to Flock Services shall survive the expiration or
termination of this Agreement for five (5) years unless Agency provides written notice of the intent to cancel access
to Flock Services.
6. TERM AND TERMINATION
6.1 Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period
of time set forth on the Order Form (the “Initial Term”). Following the Initial Term, unless otherwise indicated
on the Order Form, this Agreement will automatically renew for successive renewal terms for the greater of one
year and the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the
“Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to
the end of the then-current term.
6.2 Agency Satisfaction Guarantee. At any time during the agreed upon term, an Agency not fully satisfied with
the service or solution may self-elect to terminate their contract. Self-elected termination will result in a one-time fee
of actual cost of removal and labor, said cost not to exceed $500 per camera. Upon self-elected termination, a refund
will be provided, prorated for any fees paid for the remaining Term length set forth previously. Self-termination of
the contract by the Agency will be effective immediately. Flock will remove all equipment at Flock’s own
convenience, within a commercially reasonable period upon termination. Advance notice will be provided.
6.3 Termination. In the event of any material breach of this Agreement, the non-breaching party may terminate this
Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party;
provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the
expiration of such thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the
institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other
party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do
business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the prepaid Fees for Services not received due to such termination.
6.4 Effect of Termination. Upon any termination of the Service Term, Flock will collect all Units, delete all
Agency Data, terminate Agency’s right to access or use any Services, and all licenses granted by Flock hereunder
will immediately cease. Agency shall ensure that Flock is granted access to collect all Units and shall ensure that
Flock personnel does not encounter Hazardous Conditions in the collection of such units. Upon termination of this
Agreement, Agency will immediately cease all use of Flock Services.
6.5 No-Fee Term. The initial No-Fee Term will extend, after entering into this Agreement, for thirty (30) days from
the date a Non-Agency End User grants access to their Footage and/or Notifications. In expectation of repeated noncontinuous No-Fee Terms, Flock may in its sole discretion leave access open for Agency’s Authorized End Users
despite there not being any current Non-Agency End User authorizations. Such access and successive No-Fee
Terms are deemed to be part of the No-Fee Term. Flock, in its sole discretion, can determine not to provide
additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may
terminate any No-Fee Term or access to future No-Fee Terms upon 30 days’ notice.
6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to
payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Hardware or Embedded Software (a “Defect”), Agency must first
make commercially reasonable efforts to address the problem by contacting Flock’s technical support as described
in Section 2.9 above. If such efforts do not correct the Defect, Flock shall, or shall instruct one of its contractors to
repair or replace the Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their

Page 29

Item # 6.

sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and
tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after
Agency notifies the Flock of a Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no
additional cost. In the event that a Unit is lost, stolen, or damaged, Flock agrees to replace the Unit at a fee
according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall
not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that
functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen units
and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or
Implementation Fees owed be impacted.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 above if any of the following exclusions
apply: (a) misuse of the Hardware or Embedded Software in any manner, including operation of the Hardware or
Embedded Software in any way that does not strictly comply with any applicable specifications, documentation, or
other restrictions on use provided by Flock; (b) damage, alteration, or modification of the Hardware or Embedded
Software in any way; or (c) combination of the Hardware or Embedded Software with software, hardware or other
technology that was not expressly authorized by Flock.
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the
Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation
Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean
and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond
Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail
of any scheduled service disruption.
7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND
FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE HARDWARE AND/OR EMBEDDED
SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE
SERVICES AND INSTALLATION SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
.THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING
LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6,
BY THE LAW OF THE STATE OF CALIFORNIA .
7.5 Insurance. Flock and Agency will each maintain commercial general liability policies with policy limits
reasonably commensurate with the magnitude of their business risk. Certificates of Insurance will be provided upon
request.
7.6 Force Majeure. Flock Safety is not responsible nor liable for any delays or failures in performance from any
cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war,
terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power
blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or
omissions of Agency or any Authorized End User.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE
RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT

Page 30

Item # 6.

LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR
IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC
DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME
PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH
ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE
SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY,
AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF
LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF
THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE
LAW OF THE STATE OF CALIFORNIA .
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS
DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Except for
Flock’s willful acts, Agency agrees to pay for Flock’s attorneys’ fees to defend Flock for any alleged or actual
claims arising out of or in any way related to the No-Fee Term.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and
omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official
duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own
officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims
or actions against Flock’s suppliers.
8.4 Indemnity. Parties hereby agrees to indemnify and hold harmless each other against any damages, losses,
liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any
claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Installation
Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or NonAgency End Users, or otherwise from Agency’s use of the Services, Hardware and any Software, including any
claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor
Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or
alleged to be) in violation of Section 3.2 or this Agreement.
9. RECORD RETENTION
9.1 Data Preservation. The Agency agrees to store Agency Data and Non-Agency End User Data in compliance
with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record
retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the
extent that Flock is required by local, state or federal law to store the Agency Data or the Non-Agency End User
Data, Agency agrees to preserve and securely store this data on Flock’s behalf so that Flock can delete the data from
its servers and, should Flock be legally compelled by judicial or government order, Flock may retrieve the data from
Agency upon demand.
10. MISCELLANEOUS
10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and
effect and enforceable.

Page 31

Item # 6.

10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock’s
prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this
Agreement without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy
(https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications and other understandings relating to the subject matter of this Agreement, and that all
waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of
Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such
conflicting terms are expressly rejected.
10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement
and Agency does not have any authority of any kind to bind Flock in any respect whatsoever.
10.5 Costs and Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing
party will be entitled to recover costs and attorneys’ fees.
10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California without
regard to its conflict of laws provisions. To the extent that the arbitration language below does not apply, the federal
and state courts sitting in the State of California will have proper and exclusive jurisdiction and venue with respect
to any disputes arising from or related to the subject matter of this Agreement. The parties agree that the United
Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Any dispute
arising out of, in connection with, or in relation to this agreement or the making of validity thereof or its
interpretation or any breach thereof shall be determined and settled by arbitration in California by a sole arbitrator
pursuant to the rules and regulations then obtaining of the American Arbitration Association and any award rendered
therein shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of
the forum, state or federal, having jurisdiction. The service of any notice, process, motion or other document in
connection with an arbitration award under this agreement or for the enforcement of an arbitration award hereunder
may be effectuated by either personal service or by certified or registered mail to the respective addresses provided
herein.
10.7 Publicity. Unless otherwise indicated on the Order Form, Flock has the right to reference and use Agency’s
name and trademarks and disclose the nature of the Services provided hereunder in each case in business and
development and marketing efforts, including without limitation on Flock’s website.
10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock
IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the
United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services,
the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section
252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software
documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification,
reproduction, release, performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms of this Agreement.
10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the
Agreement or interpreting the associated Sections.
10.10 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument.
10.11 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and
have the authority to sign on behalf of and bind the organizations and individuals they are representing.

Page 32

Item # 6.

10.12 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given
when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt,
if sent by certified or registered mail, return receipt requested.

Page 33

Item # 6.

Sole Source Letter for Flock Safety ALPR Cameras and Solution
Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock
Safety is also the sole provider of the comprehensive monitoring, processing, and machine
vision services which integrate with the Flock Safety ALPR Camera.
The Flock Safety ALPR camera is the only Law Enforcement Grade ALPR System to offer
the following combination of proprietary features:
●

●
●
●

●

●
●
●
●
●
●
●
●

●
●
●

Patented proprietary machine vision to analyze vehicle license plate, state recognition,
vehicle color, vehicle type, vehicle make and objects (roof rack, unique hubcap, etc.)
based on image analytics (not car registration data)
Machine vision to capture and identify characteristics of vehicles with a paper license
plates and vehicles with the absence of a license plate
Ability to capture two (2) lanes of traffic simultaneously with a single camera from a
vertical mass
Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle
Fingerprint Technology without the need for a license plate, and set up alerts based on
vehicle description
Wireless deployment of license plate reading cameras with integrated cellular
communication weighing less than 5lbs and able to be powered solely by a solar panel
of 60W or less
Best in class ability to capture and process up to 30,000 vehicles per day with a single
camera powered exclusively by solar power
One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in
place by the purchaser, as well as automatically updated metrics from the Flock system
On device machine processing to limit LTE bandwidth consumption
Cloud storage of footage
Direct integration with Axon Evidence.com (Flock is the only Axon LPR integration
partner)
Integration of onboard cameras on all Police Vehicles with Flock System
Share data across Law Enforcement Departments on a National level
Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle
type, vehicle manufacturer, partial or full license plate, state of license plate, and object
detection
Utilizes motion capture to start and stop recording without the need for a reflective plate
Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
Privacy controls to enable certain vehicles to “opt-out” of being captured

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318

Page 34

Item # 6.

●
●
●
●
●
●

Performance monitoring software to predict potential failures, obstructions, tilts, and
other critical or minor issues
Natively integrated audio and gunshot detection capabilities
Covert industrial design for minimizing visual pollution
Lifetime maintenance and support included in subscription price
Access to additional cameras purchased by our HOA and private business partners,
means an ever-increasing amount of cameras and data at no additional cost
Flock Safety is the only fully integrated ALPR one-stop solution from production of the
camera to delivery and installation

Thank you,
Garrett Langley CEO, Flock Safety

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318

Page 35

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Acceptance of Volunteer Fire Assistance (VFA) Program Grant
Recommendation: Approve Resolution 2021-052 accepting the grant; authorize Captain
Scarafiotti to execute the agreement; approve budget adjustment as determined by the
Finance Director.
Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 09-14-2021

Date Prepared: 09-01-2021

Agenda: Consent
Background Information: The Grass Valley Fire Department was awarded a grant
administered by Cal Fire under the Volunteer Fire Assistance Program. The awarded
grant of $3701.00 will be used to purchase personal protective equipment for wildland
firefighting. The City will match the award as required by the grant.
Council Goals/Objectives: Public Safety
Fiscal Impact: Allocated expense in Fiscal Year Budget
Funds Available: Yes

Account #: 200-203-51020

Reviewed by: Tim Kiser, City Manger
Attachments: Resolution 2021-052, Grant Documents

Page 36

Item # 7.

RESOLUTION NO. 2021-52
A RESOLUTION OF THE CITY OF GRASSVALLEY APPROVING THE AGREEMENT
WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
FOR SERVICES UNDER THE VOLUNTEER FIRE ASSISTANCE PROGRAM OF THE
COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978
WHEREAS, The City Council approves the Department of Forestry and Fire
Protection Agreement # 7FG21047 for services from the date of last signatory on page
1of the Agreement, and any amendment thereof, to June 31, 2022 under the Volunteer
Fire Assistance Program of the Cooperative Forestry Assistance Act of 1978;
WHEREAS, this Agreement provides for an award, during the term of this
Agreement, under the Volunteer Fire Assistance Program of the Cooperative Fire
Assistance Act of 1978 during the State Fiscal Year 2021-22 up to and no more
than the amount of $ 3701.00 (or project costs whichever is less).
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNICL OF THE CITY
OF GRASS VALLEY that Fire Captain Scarafiotti is authorized to sign and execute said
Agreement and any amendments on the behalf of the City Council of the City of Grass
Valley.
ADOPTED as a resolution of the City Council of the City of Grass Valley at a
regular meeting held on the 14th day of September 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
____________________
Ben Aguilar, Mayor
APPROVED AS TO FORM :

ATTEST:

______________________

____________________

Michael G. Colantuono
City Attorney

Taylor Day
City Clerk

Page 37

Item # 7.

State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection
GRANT AGREEMENT
APPLICANT:
PROJECT TITLE:

Rural Fire Capacity

GRANT AGREEMENT:

7GF21047

PROJECT PERFORMANCE PERIOD is from date upon approval through June 30, 2022.
Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as
described in the project description, and the State of California, acting through the Department of Forestry & Fire
Protection, agrees to fund the project up to the total state grant amount indicated.
PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their
capability to organize, train, and equip local forces for fire protection.

$3,701.00

Total State Grant not to exceed $

(or project costs, whichever is less).

*The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY
AND FIRE PROTECTION

Applicant

By

By

Signature of Authorized Representative

Title

Title: Gabrielle Avina
Staff Chief, Cooperative Fire Programs

Date

Date
CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER

PO ID

FUND

FUND NAME

PROJECT ID

ACTIVITY ID

0001

354021DG2012138
GL UNIT

3540

PROGRAM NUMBER

9999000FED
ACCOUNT

5340580

REPORTING STRUCTURE

35409206

General Fund

SUPPLIER ID

AMOUNT OF ESTIMATE FUNDING

SUBGNT
BUD REF

CHAPTER

001

21

ENY

2021

$ $3,701.00

ADJ. INCREASING ENCUMBRANCE

$ 0.00

ADJ. DECREASING ENCUMBRANCE

$ 0.00

ALT ACCOUNT

UNENCUMBERED BALANCE

5340580002

SERVICE LOCATION

$ $3,701.00

92717

I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Signature of CAL FIRE Accounting Officer

Date

1

Page 38

RURAL FIRE CAPACITY PROGRAM
TERMS AND CONDITIONS

7GF21047

Item # 7.

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Rural Fire Capacity Program of the
Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the
Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and
____________________________________________________________hereinafter called
“LOCAL AGENCY”, covenants as follows:
RECITALS:
1.

STATE has been approved as a passthrough agent of the United States Department of
Agriculture, (USDA), Forest Service for the purpose of administering the Rural Fire
Capacity program in California, hereinafter referred to as RFC, authorized by the
Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C.
2101-2114), as amended.

2.

This is a subaward under the 2021 Rural Fire Capacity Grant #21-DG-11052012-138
awarded to STATE by the Forest Service on July 21,2021. The CFDA for the award is
10.664, Cooperative Forestry Assistance. This subaward is funded solely with Federal
funds and is subject to the Office of Management and Budget (OMB) guidance in subparts
A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part
400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL
AGENCY to upgrade its fire protection capability.

3.

LOCAL AGENCY desires to participate in said RFC and agrees to the terms and
conditions specified in the Procedural Guide for Rural Fire Capacity Program 2021.

NOW THEREFORE, it is mutually agreed between the parties as follows:
4.

APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. LOCAL AGENCY
may not commence performance until such approval has been obtained.

5.

INCORPORATION: The Procedural Guide for Rural Fire Capacity Program 2021,
submitted Application for Funding and associated Grant Assurances are hereby
incorporated by reference as part of the Grant Agreement.

6.

TIMELINESS: Time is of the essence in this Agreement.

7.

FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and
required resolution properly signed and executed to STATE at the email address
specified in paragraph 12, with a timestamp no later than December 1, 2021 or
LOCAL AGENCY will forfeit the funds.

2

Page 39

7GF21047
8.

Item # 7.

GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the
parties that this Agreement may have been written for the mutual benefit of both parties
before ascertaining the availability of congressional appropriation of funds, to avoid
program and fiscal delays that would occur if the Agreement were executed after that
determination was made.
This Agreement is valid and enforceable only if sufficient funds are made available to the
STATE by the United States Government for the State Fiscal Year 2021 for the purpose of
this program. In addition, this Agreement is subject to any additional restrictions,
limitations, or conditions enacted by the Congress or to any statute enacted by the Congress
that may affect the provisions, terms, or funding of this Agreement in any manner.
The parties mutually agree that if the Congress does not appropriate sufficient funds for the
program, this Agreement shall be amended to reflect any reduction in funds.
The STATE has the option to invalidate the Agreement under the 30-day cancellation
clause or to amend the Agreement to reflect any reduction in funds.

9.

REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made
available to STATE by the Federal Government, an amount not to exceed $3,701.00 on a
50/50 matching funds basis, for the performance of specific projects and/or purchase of
specific items identified in Proposed Project, Application for Funding, attached hereto.
Reimbursement will be only for those projects accomplished and/or items purchased
between THE LAST SIGNATORY DATE ON PAGE 1 and JUNE 30, 2022. This sum
is the sole and maximum payment that STATE will make pursuant to this Agreement.
LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12,
with a timestamp no later than September 1, 2022 in order to receive the funds. The
bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or
items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included
for items purchased.

10.

LIMITATIONS: Expenditure of the funds distributed by STATE herein is subject to the
same limitations as placed by the RFC, upon expenditure of United States Government
Funds. Pursuant to 2CFR200.313 Equipment, subject to the obligations and conditions set
forth in that section; title to any equipment and supplies acquired under this Agreement
vests with the LOCAL AGENCY. For any equipment items over $5,000, the federal
government may retain a vested interested in accordance with paragraph 16 below.

11.

MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of
this Agreement, hereinafter referred to as “RFC Funds”, shall be matched by LOCAL
AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto
identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor
or services shall be used or consigned in calculating the matching amount “actually spent”
by LOCAL AGENCY.
LOCAL AGENCY shall not use RFC Funds as matching funds for other federal grants,
including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from
other federal grants, including USDI Rural Fire Assistance grants, as matching funds for
RFC Funds.

3

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7GF21047
12.

Item # 7.

ADDRESSES: The mailing addresses of the parties hereto under the terms of the
Agreement are:
LOCAL AGENCY:
Attention:
Telephone Number(s):
E-mail
STATE:

Department of Forestry and Fire Protection
Grants Management Unit, Attn: Megan Esfandiary
P. O. Box 944246
Sacramento, California 94244-2460
PHONE: (916) 894-9845
E-MAIL: [email protected]

13.

PURPOSE: Any project to be funded hereunder must be intended to specifically assist
LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the
aforementioned rural area and community to prevent or suppress fires which threaten life,
resources, and/or improvements within the area of operation of LOCAL AGENCY. Project
funds are not to be used for research and development.

14.

COMBINING: In the event funds are paid for two or more separate, but closely related
projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined
projects.

15.

OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of
costs upon which this Agreement is made, LOCAL AGENCY may request additional funds
to cover the Agreement share of the amount exceeded. However, there is no assurance
that any such funds are, or may be, available for reimbursement. Any increase in funding
will require an amendment.

16.

UNDERRUNS: In the event that the total cost of a funded project is less than the estimate
of costs upon which this Agreement is made, LOCAL AGENCY may request that
additional eligible projects/items be approved by STATE for Agreement funding.
However, there is no assurance that any such approval will be funded. Approval of
additional projects/items, not listed on the Proposed Project application, made by STATE,
will be in writing and will require an amendment.

17.

FEDERAL INTEREST IN EQUIPMENT: The Federal Government has a vested interest in
any item purchased with RFC funding in excess of $5,000 regardless of the length of this
Agreement, until such time as the fair market value is less than $5,000. The RFC
percentage used to purchase the equipment will be applied to the sale price and recovered
for the Government during the sale. This percentage will remain the same even following
depreciation. The Federal Government may not have to be reimbursed if the disposal sale
amounts to a fair market value of less than $5,000. LOCAL AGENCY will notify STATE
of the disposal of such items.

4

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7GF21047

18.

EQUIPMENT INVENTORY: Any single item purchased in excess of $5,000 will be
assigned an RFC Property Number by the STATE. LOCAL AGENCY shall forward a
copy of the purchase documents listing the item, brand, model, serial number, any LOCAL
AGENCY property number assigned, and a LOCAL AGENCY contact and return address
to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL
AGENCY Contact of the RFC Property Number assigned.

19.

AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of
this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for
a minimum of five (5) years after final payment, unless a longer period of records retention
is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, LOCAL AGENCY agrees to
include a similar right of the State of California to audit records and interview staff in any
subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq.,
CCR Title 2, Section 1896).

20.

DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL
AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be
final and binding.

21.

MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by
STATE to ensure that the award is used for authorized purposes, in compliance with
Federal statutes, regulations, and the terms and conditions of the agreement; and that
performance goals are achieved.

22.

INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless,
the STATE, its officers, agents, and employees, from any and all claims and losses,
accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by LOCAL AGENCY in the performance of this Agreement.

23.

CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as
detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And
Justice For All poster (AD-475A). The poster is to be placed at all public point of
contact/reception areas.

24.

DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply
with the requirements of the Drug-Free Workplace Act of 1990 and will provide a
drug-free workplace by taking the following actions:
a.

Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations.

b.

Establish a Drug-Free Awareness Program to inform employees about:

5

Item # 7.

Page 42

7GF21047

c.

1)

the dangers of drug abuse in the workplace;

2)

the person's or organization's policy of maintaining a drugfree workplace;

3)

any available counseling, rehabilitation and employee
assistance programs; and,

4)

penalties that may be imposed upon employees for drug
abuse violations.

Item # 7.

Every employee who works on the proposed Agreement will:
1)

receive a copy of the company's drug-free workplace policy
statement; and,

2)

agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and LOCAL
AGENCY may be ineligible for funding of any future State Agreement if the
department determines that any of the following has occurred: (1) the LOCAL
AGENCY has made false certification, or violated the certification by failing to
carry out the requirements as noted above. (GC 8350 et seq.)
25.

TERM: The term of the Agreement SHALL COMMENCE ON THE LAST
SIGNATORY DATE ON PAGE 1 and continue through June 30, 2022.

26.

TERMINATION: This Agreement may be terminated by either party giving 30 days
written notice to the other party or provisions herein amended upon mutual consent of the
parties hereto.

27.

AMENDMENTS: No amendment or variation of the terms of this Agreement shall be
valid unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.

28.

INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of
LOCAL AGENCY, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the STATE or the Federal
Government.

29.

INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their
Federally approved Negotiated Indirect Cost Rate Agreement (NICRA), a de minimis rate
if LOCAL AGENCY does not have an approved NICRA, or the RFC program cap rate of
10%, whichever is lesser. LOCAL AGENCY may also elect not to assess an indirect rate.
The approved indirect cost rate at the time of execution is 0%.

.
30.

MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support
in any publications, audiovisuals and electronic media developed as a result of this award.

6

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7GF21047

Item # 7.

It is encouraged to give public notice of the receipt of this award and announce progress
and accomplishments, acknowledging STATE and USDA Forest Service support. Follow
direction in USDA Supplemental 2 CFR 415.2.
31.

ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole
or in part.

7

Page 44

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Planning Commission 4/0 Recommendation of General Plan Amendments, Rezones
and Tentative Parcel Map of three dis-contiguous properties located at 354 North
Church Street, 1784 Ridge Road and 457 Brunswick Road.
Recommendation: The Planning Commission recommends that the City Council approve
the General Plan Amendments, Rezones and Tentative Parcel Map, as amended by the
Planning Commission, which includes the following actions: 1)Determine the project
Statutorily Exempt as the appropriate level of environmental review in accordance with
the California Environmental Quality Act (CEQA) and Guidelines; 2) Adopt a Resolution
Amending the General Plan as outlined in this Staff Report (Exhibit B); 3) Adopt an
Ordinance Amending the Zoning as outlined in this Staff Report (Exhibit C); 4) Adoption
of Findings of Fact for approval of the General Plan Amendments, Rezones and Tentative
Parcel Map, as presented in the Staff Report; and, 5) Approve the General Plan
Amendments, Rezones and Tentative Parcel Map in accordance with the Conditions of
Approval as presented in the Staff Report.
Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: September 14, 2021

Date Prepared: September 8, 2021

Agenda: Public Hearing
Background Information: On August 17, 2021, the Planning Commission held a public
hearing on the General Plan Amendments, Rezones and Tentative Parcel Map (21PLN-08,
21PLN-12, & 21PLN-21) applications of three dis-contiguous properties located at 354
North Church Street, 1784 Ridge Road, and 457 Brunswick Road. Exhibit A, the Planning
Commission Staff Report, includes the project description and details of the project.
After receiving several comments regarding additional multiple family dwellings on North
Church Street and limited access (Attachment 7 – Project Comments), the Planning
Commission recommended approval of the project with two added conditions: 1) Impose
a zoning dwelling unit/lot size restriction on 354 North Church Street per Section
17,28,020 A.2.c of the City’s Development Code; and 2) notify the 354 North Church
Street neighbors of the Planning Commission’s recommendation and project proposal.
The 354 North Church Street General Plan Amendment and Rezone of ±0.6-acres from
the Urban Low Density Residential (1.01 to 4.0 units per acre) to the Urban High Density
Residential (8.01 to 20 units per acre) and Rezone from the Single Family (R-1) Zone to
the Multiple Family (R-3) Zone typically would allow additional multiple family
development. However, in this case, the applicant has a single family and two accessory

Page 45

Item # 8.

buildings on the property, which have been converted to a duplex and accessory dwelling
unit(s) without the requisite permits. The General Plan Amendment and Rezone is
necessary to allow an increase in the density and affords the applicant the opportunity
to apply for building permits for the additional dwellings units than otherwise would be
permitted in the Urban Low Density and Single Family (R-1) Zone (See Attachment 6 of
Exhibit A – Site Plan).
Although the applicant is not proposing additional multiple family dwellings and the fire
department would not approve a multiple family project due to limited access, from a
General Plan density perspective, twelve (12) units theoretically could be constructed on
the 0.6-acre property. However, in this case, no additional multiple family dwellings are
proposed beyond what exists.
The Planning Commission recommended that per Section 17,28.020 A.2.c. of the
Development Code, a building site combining zone of R-3 (6,500) be required. The
combining provides a density limitation to ensure that no additional multiple family
development is proposed in the future. At ±0.6 acres, the 6,500 square foot per dwelling
unit restricts the property to a total of 4 dwelling units (e.g., existing duplex and 2 ADUs).
Also as directed by the Planning Commission, concurrently with the public notice for the
project, staff provided correspondence notifying the North Church Street neighbors of
the Planning Commission’s recommendation and specific project proposal.
A PowerPoint presentation will be provided at the City Council meeting further outlining
the Planning Commission’s recommendations and specific proposals for 354 North Church
Street, 1784 Ridge Road and 457 Brunswick Road projects.
Council Goals/Objectives: This project supports tasks towards achieving/maintaining
Strategic Plan – Economic Development and City Infrastructure Investment.
Fiscal Impact: No fiscal impact is expected with the project. The applicants have paid
the requisite application fees for processing of the applications.
Funds Available: N/A

Account #: N/A

Reviewed by:

EXHIBITS:
Exhibit A – Staff Report dated August 17, 2021, with the following Attachments:
Attachment 1 – Vicinity Map
Attachment 2 – 354 North Church Aerial Photograph/Site Photographs
Attachment 3 – 1784 Ridge Road Aerial Photograph/Site Photographs
Attachment 4 – 457 Brunswick Road Aerial Photograph/Site Photographs
Attachment 5 – 457 Brunswick Road Tentative Parcel Map

Page 46

Item # 8.

Attachment 6 – 354 North Church Street Site Plan
Attachment 7 – Project Comments
Exhibit B – Resolution No. 21-53 Amending the City of Grass Valley General Plan with
Exhibits
Exhibit C – Ordinance No. ____ Amending the City of Grass Valley Zoning with Exhibits

Page 47

Item # 8.

EXHIBITS
Page 48

Item # 8.

PLANNING COMMISSION
STAFF REPORT
August '17, 2021

Agenda ltem:
Prepared by:
Reviewed by:

7.2
Lance E. Lowe, AICP, Principal P
Tom Last, Community Development Di

r ?/-

DATA SUMMARY

Application Numbers:
Subject:
Location/APN:

Applicants:
Owners:
Zoning/General PIan:
Entitlements:
Environmental:

21 PLN-08, 21 PLN-1 2 & 21PLN-21

General Plan Amendments, Rezones and Tentative Parcel
Map of three dis-contiguous properties.
354 N Church Street, 1784 Ridge Road, & 457 Brunswick
Road/APNs: 035-1 40-002,008-260-021 & 035-480-033
Cheryl Neil, Sandy Jansen & Robert Yemazza
Cheryl Neil, Truth Worship Center Church & Robert
Vernazza
Low Density Residential, Public & Office Professional
General Plan Amendments, Rezones and Tentative Parcel
Map
Statutory Exemption

REGOMMENDATION:
The Planning Commission recommend that the City Council approve the General Plan
Amendments, Rezones and Tentative Parcel Map, as presented, or as modified by the
Planning Commission, which includes the following actions:

1. Determine the project Statutorily Exempt as the appropriate level of environmental
review in accordance with the Califomia Environmental Quality Act (CEQA) and
Guidelines;

2. Adopt a Resolution Amending the General Plan as outlined in this Staff Report;
3. Adopt an Ordinance Amending the Zoning as outlined in this Staff Report;
4. Adoption of Findings of Fact for approval of the General Plan Amendments, Rezones
and Tentative Parcel Map, as presented in the Staff Report; and,

5. Approve the General Plan Amendments, Rezones and Tentative Parcel Map in
accordance with the Conditions of Approval as presented in the Staff Report.

BACKGROUND:

The Community Development Department received three separate General Plan
Amendment and Rezone applications the past several months. ln lieu of processing these

EXHIBIT A
Page 49

Item # 8.

applications separately, staff elected to bundle the legislative entitlements as a singular
project. Bundling entitlements makes up one General Plan Amendment vs. three separate
General Plan Amendments.
PROJECT DESGRIPTION:
The project consists of General Plan Amendments, Rezones, and a Tentative Parcel Map
for three dis-contiguous properties as outlined:

354 North Church Street - A General Plan Amendment and Rezone of t0.6-acres is
proposed in the Urban Low Density Residential (R-1) Zone designation. The General Plan
Amendment is from the Urban Low Density Residential to the Urban High Density
Residential and Rezone from the Single Family (R-1) Zone to the Multiple Family (R-3)
Zone.

The applicant has several accessory buildings on the property and seeks to remove
and/or convert these buildings to a duplex and accessory dwelling unit(s). The General
Plan Amendment and Rezone is necessary to increase the density and affords the
applicant the opportunity to apply for building permits for the additional dwellings units
than otherwise would be permitted in the Urban Low Density and Single Family (R-1)
Zone (Attachment 6 - Sde Planl.
Due to limited access on North Church Street, further development beyond what is
proposed is contingent upon North Church and a secondary means of access being
improved.
Except for the subject property, the entirety of the east side of Nofth Church has a High
Density Residential General Plan designation and is within the Multiple-family (R-3) Zone.
To this end, many of the properties have developed in accordance with the high-density
residential land use with a mixture of single and multiple family dwellings on similar lot
sizes. Empire Cottages consisting of 17 cottages adjoins the property to the north.
1718/. Ridge Road

- A General Plan Amendment, Rezone, and Tentative Parcel Map of

a t1.67-acre parcel in the Public (P) Zone. The General Plan Amendment is from Public
to the Urban Low Density Residential and Rezone from Public to the Residential, Singlefamily (R-1) Zone for Lot A.

-

The Tentative Parcel Map subdivides the t1.67-acre parcel into two parcels: Parcel A
t26,927 square feet undeveloped and Parcel B - t45,683 containing the Truth Worship
Center Church, parking, and related facilities. The project is proposed to create Lot A for
single family development.
The applicant seeks to split the vacant lot from the church property and sell the property
for single family development. The Public General Plan designation and zoning does not
allow single family development
requiring
General Plan
Amend menURezone/Te ntative Pa rcel Map a pplications.

thus

GPA, Rezone & TPM 21PLN-08, 12 &21

2

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Planning Commission Meeting

August 17,2021
Page 50

Item # 8.

Due to the proximity of City sewer, the applicant is required to obtain a septic permit from
Nevada County Environmenta! Health Department. All other services including gas,
electric and water are available to the property.

457 Brunswick Road - A General Plan Amendment and Rezone of t3 acres from the
Office Professional (OP) General Plan and Office Professional (OP) Zone to the
Commercial and Central Business (C-zlZone.

The property is undeveloped with professional offices to the east and West American
Bank to the west. The General Plan Amendment and Rezone to the C-2 Zone is
anticipated to increase the marketability of the property. According to the listing agent,
the property has been actively marketed for the last 5 years with little interest due to the
Office Professional (OP) Zone designation. ln addition to office uses, the Centra!
Business (C-2) Zone permits uses such as mixed-use projects and retailwith approval of
a Development Review Permit for site planning and design review.
SITE DESGRIPTION AND ENVIRONMENTAL SETTING:
The 0.6-acre 354 North Church Street property is in an area of single and multiple family
dwellings at various densities on similar sized lots. The site is relatively level (<5olo
gradient) with trees and landscaping throughout. Empire cottages adjoins the property to
the north. Access is provided via North Church Street, which is a two-lane road without
curb, gutter, and sidewalk.

The t1 .7O-acre 1784 Ridge Road property is situated between the Truth Center Church
Iocated to the east and First Baptist Church parking lot to the west. Except for the Truth
Center and First Baptist Church, the project is in an area of low-density residential
dwellings with gently sloping tenain (less than 5%). Access is provided via Horizon Circle,
which is a two-lane roadway with parking on one side of the street.
The t3-acre 457 Brunswick Road property is situated in an area of commercial and office
uses. The property is situated between West America Bank and Brunswick East
Professional Offices. Tullies are located along the property frontage indicating wetlands.
The property slopes from south to north with 15 to 20 percent gradient. Large Pine and
Cedar trees are shattered throughout.

GENERAL PLAN AND ZONING:
General Plan: The 354 North Church Street properg has a General Plan designation of
Urban Low Density. The Urban Low Density Residential land use designation permits
1.01 to 4.0 units per acre.

The 1784 Ridge Road property has a General Plan designation of Public (P). The P
designation is used to identify areas in public sector ownership/control and is used forthe
purpose of providing non-commercial facilities and services to meet public needs.
Examples are administrative and other public-sector facilities, public parks, natural areas,
GPA, Rezone & TPM 21PLN-08, 12 &21

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Planning Commission Meeting

August 17,2021
Page 51

Item # 8.

community centers, fire stations, schools, hospitals, public senior, or childcare facilities.
P designation is most comparable to the Public (P) zoning district.

The 457 Brunswick Road property has a General Plan designation of Office Professional
(OP). The OP classification provides for concentrations of free-standing offices and large
complexes. The designation is intended to facilitate both offices and supporting activities
and land uses.
Zonins: The 354 North Church Street property has a Zoning designation of Single-family
Residential (R-1). The R-1 Zone permits single family dwellings and accessory uses.
The 1784 Ridge Road property has a Zoning designation of Public (P). The P designation
applies to sites of existing and proposed Federal, State, and local govemmental uses and
non-profit community service uses.
The 457 Brunswick Road property has a General Plan designation of Office Professional
(OP). The OP classification provides for concentrations of free-standing offices and large
complexes. The designation is intended to facilitate both offices and supporting activities
and land uses.
ENVIRONMENTAL DETERMINATION :
The California Environmental Quality Act applies to legislative and discretionary projects,
such as General Plan Amendments, Rezones, and Tentative Parcel Maps that may have
an impact on the environment. However, when there is no evidence that the project may
have a potential significant effect on the environment, the project is exempt from CEQA.
A project is exempt from CEQA in accordance with Section 15061(bX3) where the activity
is covered by the common-sense exemption that CEQA applies only to projects, which
have the potential for causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that an activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.
All three properties constitute infill development. The 354 North Church Street property
project will allow the existing accessory structures to be legally converted to single family
dwellings and accessory dwelling units consistent with the neighborhood. However,
additional multiple family dwellings, in addition to what exists, is limited due to
ingress/egress on North Church Street.

The 1784 Ridge Road project permits one additional single-family dwelling and one
accessory dwelling unit on a t26,927 square foot lot.

The 457 Brunswick Road project allows additional commercial uses in a built out
commercial area.
The properties were contemplated for development according to the City's General Plan.
As an infill property with bus stops in the vicinity, the 457 Brunswick Road property Vehicle
Miles Traveled is categorically less than significant. Other potential impacts will be
GPA, Rezone & TPM 21PLN-08, 12 &21

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Planning Commission Meeting

August 17,2021
Page 52

Item # 8.

evaluated when a project specific proposal is undertaken. Prior to development of the
site, a Development Review Permit, at a minimum, is required with the appropriate level
of environmental review. While the City is required to evaluate potential impacts at the
earliest feasible time, this evaluation is not ripe for consideration and would be merely
speculative at this time.
ANALYSIS:
Each of the legislative entitlements considered either recognizes existing land uses,
allows negligible development, or provides a greater anay of uses thereby facilitating infill
development consistent with adjoining land uses. Accordingly, the General Plan
Amendment and Rezones are more procedural than development orientated. That is,
substantive development is not anticipated to occur resulting from the legislative
entitlements. Each of the properties are either developed or slated for development.
ln staffs opinion, the Planning Commission can satisfactorily recommend approval of the
Findings to the City Council in the affirmative as the projects are consistent with the City's
2020 General Plan relating to housing, infill development, commerce, and mixed-use
projects. As proposed, the properties are adequate for the type of development
contemplated with the revised general plan land use designations.

Lastly, standard conditions of approva! have been imposed relating to obtaining permits
from the City, Nevada lrrigation District and Nevada County Environmental Health prior
to further development of the properties, as applicable.
FINDINGS:
1
The City received complete applications for 21 PLN-08, 21PLN-1 2 & 21PLN-21 .

.
2. The Community Development Department reviewed the project in accordance with
the California Environmental Quality Act and Guidelines and determined that the
project qualifies for a Statutory Exemption pursuant to Section 15061(bX3).

3. The Statutory Exemption reflects the City's independent judgement and analysis as
lead agency in accordance with the CEQA and the CEQA Guidelines.

4. The City of Grass Valley Planning Commission reviewed the application at its
regularly scheduled meeting on August 17, 2021.

5. The amendment is intemally consistent with al! other provisions of the General Plan
and any applicable specific plan.

6. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.

7. The site is physically suitable in terms of design, location, shape, size, operating

characteristics, and the provision of public and emergency vehicle (e.9. fire and
medical) access and public services and utilities (e.g. fire protection, police

GPA, Rezone & TPM 21PLN-08, 12 &21

5

Planning Commission Meeting

August 17,2021
Page 53

Item # 8.

protection, potable water, schools, solid waste collection and disposal, storm
drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the
density, intensity, and type of use being proposed would not endanger, jeopardize,
or otherwise constitute a hazard to the public convenience, health, interest, safety, or
welfare, or be materially injurious to the improvements, persons, property, or uses in
the vicinity and zone in which the property is located.

8. The proposed amendment is internally consistent with other applicable provisions of
the Development Code.

9. The site is physically suitable for the type of development.
10. The design of the subdivision will not cause substantial damage to fish or wildlife or
their habitat.
11

. The design of the subdivision will not cause serious public health or safety concerns.

12. The design of the subdivision or the type of improvements wil! not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision. This finding may be made if the Planning
Commission finds that altemate easements for access or use will be provided, and
that they will be substantially equivalent to ones previously acquired by the public.
This finding shall apply only to easements of record, or to easements established by
judgment of a court of competent jurisdiction, and no authority is hereby granted to
the Planning Commission to determine that the public at large acquired easements
of access through or use of property within the proposed subdivision.

13. The discharge of sewage from the proposed subdivision into the community sewer
system would not result in a violation of existing requirements prescribed by the
California Regional Water Quality Control Board.

A. GENERAUDESIGN CONDITIONS OF APPROVAL:
1

2

The approval date for this project is September 17, 2021. The project shall be in
accordance with the plans recommended by the Planning Commission and
approved by the City Council, unless changes are approved by the Planning
Commission prior to commencing such changes. Minor design changes may be
approved by the Community Development Department as determined appropriate
by the Community Development Director.

The applicants shall file a Notice of Exemption, including payment of associated
recording fees, within (5) days after the approval date of the project. The applicant
shall provide a copy of the notice to the City.

The applicants agree to defend, indemnify, and hold harmless the City in any action
or proceeding brought against the City to void or annul this discretionary land use
approval.
6
Planning Commission Meeting
GPA, Rezone &TPM 21PLN-08, 12&21
3

August 17,2021
Page 54

Item # 8.

B. 354 NORTH CHURCH STREET:
1

The division of the existing single-family to a two-family dwelling poses no issue from
a fire perspective.

2. The conversion of the existing garage and shed (U occupancies) to habitable
units/ADUs is permissible based on 2 ADU/1 Primary dwelling ratio and acceptable
by fire. Since the maximum number of ADUs per primary dwelling unit has been
reached any units constructed shall be classified as Group R-3 SFDs.

3. Any future dwellings shall be constructed in accordance with all applicable codes and
standards and require the installation of approved NFPA-13D Fire Sprinkler Systems.

4. Allwork shall be in accodance with all applicable codes and standards and required
complete plan submittals are required.

5. Due to the existing limited ingress/egress of North Church Street, construction of any
new multiple family dwellings shall require improved emergency access.

C. 178/- RIDGE ROAD:

1. Prior to the issuance of a building permit, the applicant shall obtain approval from

Nevada County Environmental Health Department for a septic permit. Said permit
shall be finaled prior to issuance of a Certificate of Occupancy by the City.

2. The applicant shall submit to the City Engineerfor review and approval a Final/Parcel

Map prepared by a Licensed Surveyor, or Registered Civi! Engineer licensed to
survey in the State of Califomia, in accordance with the City's Subdivision Ordinance
No. 180 N.S. and the Califomia Subdivision Map Act; and shall pay all appropriate
fees for map check and recording.

3. All existing sewer laterals to the City sewer main shal! include or be modified to
include a cleanout, sewer backwater valve, and a pressure relief valve.

ATTACHMENTS:

Attachment 1 -

Attachment2-

Attachment 3 Attachment 4 Attachment 5 Attachment 6 -

Vicinity Map
354 North Church Aerial Photograph/Site Photographs
1784 Ridge Road Aerial Photograph/Site Photographs
457 Brunswick Road Aerial Photograph/Site Photographs
1784 Ridge Road Tentative Parcel Map
354 North Church Street Site Plan

GPA, Rezone & TPM 21PLN-08, 12 &21

7

Planning Commission Meeting
August 17,2021
Page 55

Item # 8.

ATTACHMENTS
Page 56

354 North Church, 1784 Ridge Road & 457 Brunswick Road

Algust 3,2021

Item # 8.

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Page 65

Item # 8.

To: City of Grass Valley Planning Commission
Public@cityofgassvallev. com
August 1I,2021
RE: General plan amendments proposedfor 354 North Church Street

Page one of three

"Opposed"
Honorable commissioners;

I'm writing to request you deny cbanging the zoning for the parcel at 354 North Church
Street. Please consider the following:

Issue 1: degradation of neighborhood ingress/egress, compromising fire safety
evacuation.
Primary ingresVegress for this parcel (on a cul4e-sac at the end of North Church Street)
is a substandard, rxrrrow, daeriorated street that essentially functions as an altemating one-way
road with almost no sidewalks. In many cases, it is the only option for parking for several
residences that do not have off-street parking.
This is also the prirnary ingess/eeress route for manv more immediate neig&borhood
residents bevond what is included in your notification process, including Doris Drive, Helen,
Carol and North Church Court, all of which would be further negatively impacted by additional

trafflc loading.
In addition, Cypress Hill residelrts commonly use Doris/North Church as a short cut route
to downtown.
Our neighborhood is referred to as "Slide Ravine" and has been idelrtified in the past by
fire officials as an area of concern, an argumeirt used to imple'ment earlier Doris Drive sheet
improvements.
The proposal's additional traffic loading will further degrade emergency fire evacuation,
already compromised by the Crty's recent one-way traffic reversal of the southenrmost section of
North Church (where it adjoins the Holbrook Hotel) and the construction of three new houses in
our neighborhood.
IngresVegress is challenging due to the major portion of North Church St. (about 1/10th
of a mile) being an essentially one lane road about 20' wide, compromisd by chronic aad almost
daily illegal parking in the only portion set aside for blpass of conflicting traffic. Traffic coming

from either end (Richardson or Doris) has very restrictd sight lines. It is not uncommon for
drivers to have to back up for a considerable distance when another driver eirters from the
opposing dir*tiot (note : Covid impacts have ternporarily reduced trafic loads)
is aware of the chronic illegal parking at the one small
Police chief Alex
to
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for
calls
enforcement.
conflicting traffic. Illegal parking continues almost daily, despite repeated
Issue !3 flssfsfuilization of our neighborhood and higher costs for city services

ln recent years, our historically high crime neighborhood has experienced a sustained

positive trend towards more home ownership and a reduction in crime. This has lead to better
care and enhancements of property and a safer, higher quahty of life. This has lead to positive
City impacts: more tax reve,lrue and less cost for police services.
We have an existing strong mix of multi-family and single family homes and, while wb
have more than our fair share of multi-unit affordable housing, the neighborhood has been
relatively stable and safe in recent years. It is an unfair burden to change this mix towards more
transielrt occupancies which statistically lead to high€r crime and cost of police services, and less
care for properties, lowering property values and tax nevenue.

ATTACHMENT 7
Page 66

Item # 8.

RE: 354 North Church

Page 2 of

j

Issue 3: proposal is counter to several2020 General Plan goals and objectives,

including:

A- General Plan Vision Statement
Page 2-l "The General Plan's goals, objectives, and implementation measures are
intended to facilitate a climate of preserving, protecting, maintaining, and enhancing the quality
of life we value in Grass Valley. This includes our neighborhoods, commercial and public lands,
and areas of future expansion."

Pa;ge 2-2 Quality of Life: "quality of life factors have been given priority over
quantitative measures of success and progress"

B- Specffic General Plan goals and objectives:
- }-LUO "avoidance of future adverse environmental, public facilities and serrrices
impacts"
- +LUO "reduction in congastion and travel time to acquire needed goods and services
- 9-LUO "preservation of existing neighborhoods"

- 10-LUO " protection of prese,nt quality of life"
- ll-LUO "rete,rilion of historic structures and community character"
- 1GLUP "maintain zoning that promotes protection of single farnily residential areas
from inappropriate encroachments"

- 4O-L[IP "ref€,r all dwelopment proposals to potentially affected govemmental entities
for review and comment" (have the fire departrnent, police department and public works visited
the area and corunented?)
- 3-Ltil "review developmelrt regulations to assure adequate project information is
submitted to adequately assess and mitigate e,nvironme,ntal and fiscal impacts"
- 3-CG "provide for the safe and efficie,nt mov€ment of people and goods in a manner
that respects existing neighborhoods and the natural €,llironm€,lrt"
- +CG'haintain, improve and expand the existing circulation and transportation syste,m
to provide reasonable ingress, egtess and intemal movcmatt"
- $CG "maintain adequate emergcncy access"
- 12-CP "adhere to high safety standads where pedestrians and bicyclists are exposed to
motorized vehicles"
- 22-CP "re,move impedimelrts to e,merge,ncy access from public strests and rights-ofway''
- z+CP "coordinate circulation and development plans with public safety age,ncies, fire
departmentVdistricts and emerge,ncy service providers"
- l7-Cl "ide,ntiff appropriate environmental traffic volume thresholds for residential
steets and shall consider those thresholds in dwelopment review..."
- +SO'teduction of risk from exposure to stnrctural and wildfire fires"
- s-SP "incorporate fire hazard reduction considerations into land use planVpatterns, both
public and private"
' I-CDG "pres€rue and enhance the existing community"
- $CDO "improve,me,nt of automobile circulation and/or circulation for pedestrians and
bicycles"
- 3-CDG "assure that new development is sensitive to and strengthens the existing built
and natural environment"

Page 67

Item # 8.

Page 3 of 3

RE: 354 North Church
C - General goals and objectives (General Plan commentary)

Page #3: "the right of way for local streets is normally 54 feet which provides for two
traffic lancs and a narow parking lane..." (Nonh Church Sneet is not in compliance. Most of it about l/IF of amile - is about 20'widewith no sidewalk)
Pa;ge 74z "The Grass Valley region has a generally high potential for wildland fires of
devastating intensrty...existing standards for development that are expected to provide adequate
access, fire flows, and other facilities to maintain an appropriate level of fire protection will
continue to derive from the Califomia Building Code, the California Fire Code, and the California
Mechanical Code" (what about Department of Transportation regulations?)
Page 10-2: *infiU uses, by definitior, are additions to the existing
and must
respect the pre-existing uses, patter:rs, and cornmunity aesthetics."

Page l()-4: Higher densrty residential dwelopments
@xcerpt) "multi-family projects should be scattered throughout the community, not
concentrated in any one area. .." (note: our neighborhood has a high proportion of multi-family
housing)
Page 10.'7 (ucerpt) "these multi-family dwelopmeirts wiU be scatt€rod throughout the

city, not concetrated in areas orneighborhoods"

Additional comments/summation

In closing, you will find many argune,nts in the general plan that can support the
developer's proposal but are in conflict with the general plan goals and objectives I have noted
here.

When considering pro/con arguments, note that there are many local housing
developments currently under construcfion city-wide, with several including
"affordable/mixed use housing'. Theee new treas of development provide a much higher
quality and safer environment for meeting housing goals, without the need to compromise
the safety and quality of life of existing neighborhoods, such as our own.
New developments provide better public se,rrrices and fire safety at lower cost for City
service, in contrast to this ffill project proposed at the end of North Chr:rch Street's cul de sac
and served by dramatically substandard streets - all in a neighborhood of high population densrty
and a higher proportion of existing multi-family housing than most areas of the City.

This proposal risls setting a precedent for similar developme,nts in our constrained area,
with no practical solutions for traffic issues and related fire safety.
We have done our share. Please reject this dwelopment proposal.
As an altelaative, consider allowing the property owner to split the lot to create two
single family parcels, along with some possible street improvement mitigations, such as clearing
overhanging brush and lane-narrowing dirt debris at the base of North Church's west/uphill
retaining walls.
Thank you for your consideration,
Terry Lamphier (past GV planning commissioner)
132 Doris Drive, Grass Valley

Page 68

Item # 8.

lance Lowe
From:
Sent:

Alena Loomis
Monday, August 16,20217:35 AM

To:
Subject:

Lance Lowe
FW: Form submission from: Contact us

Comment regarding 354 N Church
-Alena

From: Jena nne Nettles <[email protected]>
Sent: Friday, August L3,2O2L 11:03 AM
To: COGV Genera I Voicemail <COGVGenera IVM @cityofgrassva lley.com>
Subiec* Form submission from: Contact us

,ffi GRASS VALLEY
WEBFORM SUBMISSION
Submitted by anonymous user:
[2600 : 1 700 : e4d0 : c570 :488f :1 e4:57 el :fae8]

Your name:
Jenanne Nettles
Your e-mail:
[email protected]
[\Iessage:
Please do not approve the proposed changes @ 354 No. Church St.
Grass Valley. I am already concemed about
our high density Fire evacuation,congestion, and emergency vehicle
access.
Thank-you,
Jenanne Nettles
102 No. Church Ct.

1

Page 69

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Item # 8.

Taylor Day
From:

MONDRAGON PATRI .

Sent:
To:

Saturday, August 14,2021 5:03 PM
Public Comments
Voice Mail (2 minutes and 12 seconds)

Subject:
Attachments:

audio.mp3

Yeah hi, l'm calling for my mother, Tommy Clark. He was on Doris Drive. You'll be heavily impacted by the addition
of an apartment complex on the end of North Church Street. lt seems crazy to me to or to us. He had an apartment
complex on the end of a one lane Rd. lt's not a one way Rd. lt's a one lane Rd where everybody going each direction
much. Share that single lane. We add that level of density too. Yes, what is already dense of an area? I don't clean,
prudent, there's no back door to get out. The only pathway out of this property is that crazy dirt Rd up the hill. We're
just wrapping people. lt seems unfair and that property should remain a single family residence to maintain the
density of this area where it's at. lf you're restricted by 150 year old goals and addresses that are already there, it
can't be modified. What you can build at the density of people that you bring into this area. That may seem like a
good idea because it's right next to the low income cabins and so if we add some other apartments that area and

it's kind of fills in and adds to the need for low income people, that's understandable. But this road is very difficult
and I don't know what's gonna be done about it. Usable right now and its current condition. Everybody loves each
other as they go by. Unfortunately, people pull over this area is gonna be trapped if a car break down. lf there's an
accident in the case of an emergenry with people trying to get out and that one lane Rd gets bottlenecked, you're
gonna have a scenario here where lots of people are gonna perish. But we need to keep forest fires and those things
in mind and just doesn't seem right. So anyway, I won't run on a lot more things to say, but I can't think of them.
You received a voice mailfrom MONDRAGON PATRI.

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transcribe.
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1

Page 71

Item # 8.

Taylor Day
Flom:
Sont
Subrecu

CARMAN ANITA
Saturday, August 14,2021 1:46 PM
Public Comments
Voice Mail (25 seconds)

Attedtmonts:

audio.mp3

To:

My name is Anita Carman. I live on one for one Doris Drive and ldo not want the apartment complex happening on
North Church Street. I am just saying no. Thank you very much by.
You received a voice mail from CARMAN ANITA.

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I

Page 72

Item # 8.

Taylor Day

To:
SubJect

Sanchez Kyle
Friday, August 13,20217:35 PM
Public Comments
Voice Mail (50 seconds)

Attacfimenb:

audio.mp3

From:

S€nt

Hey my names Kyle Sanchez at 400 Doris Drive in Grass Valley and l'm calling to comment on the proposed
development on 354 N Church Umber trying to build apartments their high density, multiple family zoning and
that's the issue is the without proper streets on North church there are big problems with fire trucks and ambulances
naked in there and for fire escape and I'm sure you all are aware of that. So l'm calling in opposition to that being
zone four hey apartment and rather it be a house for the safety of our neighborhood. Thank you for listening.
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1

Page 73

Item # 8.

Taylor Day
From:

NETTLES,JENANNE

Scnt:
To:

Subrect

Friday, August 13,2021 1 1:17 AM
Public Comments
Voice Mail (48 seconds)

Attadrments

audio.mp3

Hello, my name is Janine medals and I own the home at1/? North Church Court Grass Valley. My phone number is
5304772305 and I received the information about the changes you're planning on making it 354 N Church St and I
want you to vote no against that. I l'm already concerned about our fire evacuation density and the fact that
emergency vehicles have a hard time getting down North Church with a population that is here and I don't want to
see that property rezoned to multiple family dwellings. Thank u.
You received a voice mailfrom NETTLES.JENANNE.

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transcribe.
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Page 74

Item # 8.

Taylor Day
From:

Stephanie Adamson

Sent:
To:

Thursday, August 12,2021 9:43 PM
Public Comments

Subject:

Comment 354 North Church Re-Zoning Proposal

I am writing to express my extreme opposition to your re-zoning proposalfor 354 North Church Street in Downtown

Grass Valley. I have lived on Doris/North Church for five years and have watched this neighborhood change for the
better in that short time. When I first moved here, many laughed when I told them where I lived and said it used to be
called "North Crack Street" because it was known as the town's open air drug market. Other neighbors who have lived
here longer, had their cars, homes, and tool sheds broken into - everyone had a story.

Well I'm pleased to say that's no longer the case - we still have occasional issues but they are becoming more and more
rare. Now, all of the homeowners know each other and look out for the neighborhood. The only real safety issue
remaining is the traffic on North Church, a very narrow single-lane street with cars parked along one side. lt's a singlelane street that you want to add even more cars to. North Church is already a safety hazard and that would only get
worse if you allow another multifamily propefi to be built here. Of all the places in Grass Valley, this is the last place
that needs additional traffic - especially with all of the pedestrians walking to and from downtown.
Currently, if you are driving down North Church and someone is coming the opposite way, one driver will either need to
pull over to let the other pass - or back up. We residents have learned to deal with it - and smile and wave at the other
driver. But what happens when you add lO-plus more residents? And what about their visitors? This is a disaster waiting
to happen - particularly when our emergency vehicles already have a difficult time navigating the narrow single-lane
street and parked cars. What happens if there is a fire? There have been a few in the area lately if you haven't noticed.
There are countless places in town where you could feasibly build additional multifamily housing - which I agree is
needed to accommodate our growing community, but North Church is most certainly not one of them.
Sincerely,
Stephanie Bernier

1

Page 75

Item # 8.

Tatilor Day
FDom

Dorothy Tornsend .

Scnt

Tuesday, August 17,2021826 AM

To:

Public Comments
No apartmenB on N Church St

SUHGCt

I lived at 499 Doris Dr. for 35 yearu.The basic needs of decent roads & sewer hook ups in this area has been lgnored. lf
you can't safely get people out of thls area in an emergency, you can't keep stacklng them in.

D,orothy Townsend

I

Page 76

Item # 8.

Taylor Day
From:
Sent:
To:

Subject:
Attachments:

WIRELESS CALLER

.

.^

Monday, August 16,2021 3:33 PM
Public Comments
Voice Mail (1 minute and 33 seconds)

audio.mp3

Hello, my name is Norman Hewlett. HABITTI live at 202 N Church St when a corner north church merchants and
there's proposed building. lt's gonna be putting in at 354 N church. And lthink it's a being ridiculous to have
multiple dwelling says thing, but from 40 units. With cars loading up and looking for places to park on North Church,
North Church is a joke as it is. So please reconsider any kind of my building that's gonna impact North Church. lt's
already horrible. All you have to do is practice on you any day of the week and you'll see. His cramped for space to
settle East. So that's my objection. There's anything that's being built would not be able to add positional impact.
100 girls looking for places to park or to drive on North church. That's ridiculous. OK, thank you.
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Page 77

Item # 8.

Taylor Day
From:

Cost Kathryn

Sent:
To:

Monday, August 16,20213:08 PM
Public Comments
Voice Mail (2 minutes and 18 seconds)
audio.mp3

Subject:
Attachments:

Hello, my name is Kathryn cost and I live at 332 N church St and l'm calling regards to the rezoning and l'm very
much opposed to resort the rezoning on North Church St Up the traffic on this street right now is horrendous.
There's no two way traffic at apartments. lt's gonna add to our traffic issues. The road is a mess with potholes
already that have not been fixed. There's no sidewalk so it's a hazard for added pedestrians that are walking to and
from downtown. The main concern is the traffic that will be added to if we have to evacuate due to a fire that is
heading into our neighborhood. Order Grass Valley. And that road is really bad. lt's just a beat up old dirt Rd. l've
been up at a couple of times and this felt it was a very dangerous Rd for me to try to escape if I needed. I have
actually lived here for six years. l've noticed the improvements in the housing. l'm sorry it's so very strongly about
this. I figured l'd go to see improvements in our neighborhoods since I moved in here. I could have them added
improvements and l'm up to my own home and I often wonder how the fire engines get even through here with the
way the cars are parked and very narrow and I sometimes have to back up to let a car passed me. l'm a senior and I
don't get back up very well. So dumb. Anyway, I wanted to put in my $0.02 worth if it counts to maybe rethink this
rezoning for low income housing apartments on this street. I understand the need for low housing living and ljust
wish they could be put somewhere else. Thank you for listening bye.
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Page 78

Item # 8.

Taylor Day
From:
Sent:
To:

Subject:

Debi Curtis
Monday, August 15,2021 12:25 PM
Public Comments
354 North Church Street Apartments

I am the owner of a house at 115 Doris, in addition to working at the Center for the Arts.

I am opposed to the rezoning to "high density multiple family" of the property at 354 N. Church Street. 4-8 apartment

units with 8-15 cars would negatively impact an already crowded busy North Church Street.
It is very difficult to get in and out of my neighborhood as it is. North Church is very narrow, cars park on the west side
of the street in the no-parking zone, and on Wednesdays when Waste Management cans are placed on the street it is
very difficult to navigate. Adding cars coming and going will only make this worse.
There have been times when North Church was closed due to repairs, tree trimming, etc. and the only other way out of
the neighborhood is to go up Doris to Celesta. This is a narrow 1 lane dirt road for a couple of blocks, very dark at night
and dangerous in winter.
Also, North Church needs to be repaved - IT lS A MESS.
For these reasons I am opposed. lf approved, I would like to see it conditional upon the following:

1. Repaving North Church Street from Richardson all the way
2. Extending the no-parking zone AND enforcing the law.
Thank you for your consideration

Debi Gurtis I Accounting & HR Manager

phone: (530) 274-8384 ext. 203 | cell: (916) 276-5136
email: [email protected]
web: www.thecenterfortheafts.

EI

1

Page 79

Item # 8.

Taylor Day
From:
S€nt:
To:
Subject:

Attadrmcnts

EMPIRE SHOES

Monday, August 16,2021 1 1:40 AM
Public Comments
Voice Mail (43 seconds)
audio.mp3

Yeah hi, l'm calling regarding the apartment proposal at 354 N Church St. I live at 27 N church and I do definitely
oppose it. lt's going to create more traffic. There's no parking to begin with. More evacuation confusion is bringing
our homeowners are home values down the street. Can't take anymore. The street is not being taken care of in the
1st place and it's just going to create more potholes and problems and more drug activity to that we don't need any
area so. My name is Jeff Richardson 27 N Church. Thank you bye.
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Page 80

Item # 8.

Taylor Day
From:

CAMERON MICHELL

Sent:

Monday, August 16,2021 10:36 AM
Public Comments
Voice Mail (47 seconds)
audio.mp3

To:
Subject:

Attaclrments:

Hi, my name is Michell Cameron. My address is 315 Hazel lane and Grass Valley and I'm calling regarding the
proposed development at 354 N Church St in Grass Valley. I guess my concerns are for traffic from North Church is a
little precarious day today as it is without adding a bunch more vehicles and I guess I mean we could handle that
there. People that are driver adults but I guess in case of fire I guess is my one of my biggest concerns so if that
could just be noted I would sure would appreciate it. Thank you bye bye.
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Page 81

Item # 8.

Taylor Day
From:

RICHARDSON JEFF

Sent:
To:

Monday, August 16,?021 10:35 AM
Public Comments
Voice Mail (1 minute and 14 seconds)
audio.mp3

Subject:
Attachments:

My name is John Richardson. I live at two seven North church and l'm calling to oppose the apartment building at
three fifty four North church. I think it's a terrible idea. We don't need more people on the street. lt's a busy busy
street as it is and they can only go one way out. I know that there's another outlet, but it's not very usable. There's
only one way out and there's so many people already, and in the case of fire or whatever, it would be a disaster. We
don't need more vehicles on the street where homeowners there are quite a few homeowners on the street, and if
we bring our property down, we moved in four years ago, were trying to make this dump a beautiful home and
we're improving the street and we want it to only get better. lt says right here if you would if you are, it says to
access City two, a re paper street and improve our fire exit, evacuation, install sidewalk and no parking signs and
this would all be a much better usage of anything. So please no on three fifty four becoming an apartment complex.
Thank you.
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Page 82

Item # 8.

Taylor Day
From:
Sent:
To:
Cc:

Subiect:

lzzy Martin
Tuesday, August 17,2021 4:00 PM
Public Comments

Bob Branstrom
proposed project at 354 North Church Street

Dear City of Grass Valley,
I am a resident of Grass Valley, living on June Drive. I live right around the corner from the development

project proposed for 354 North Church Street.
From what t have read, I understand that a single family home will be replaced with high density multiple
family zoning, with a potential for 4 - 8 units on the site. This will clearly create new traffic impacts in an area
already home to existing and serious traffic and transit problems.
lf the City is going to continue approve increasing the density in this neighborhood it must take responsibility
for improving the safety of the neighborhood, especially in regards to evacuation and emergency transport.

Prior to approving new density in this area further, the City must:

- Create and implement a traffic safety improvement plan that provides for adequate evacuation during fire
and other emergencies and that improves the walkability of the neighborhood. This should include rebuilding
and restoring the two existing public stairways that connect June Drive to North Auburn and North Church to
North Schoolto preserve and facilitate safe walking routes in the region.

- Require allfuture development to contribute toward this comprehensive plan
- lmprove North Church and North School Streets, installing sidewalks and enforcing "no parking" laws
- lf possible, create new road linkage between Church and Auburn, possibly making them each one way, to
improve traffic circulation.
Thank you for this opportunity to comment

Elizabeth "lzzy" Martin
236 June Drive
Grass Valley, CA

Elizabeth "lzzy" Martin

Page 83

Item # 8.

Taylor Day
From:
Sent:
To:

Subject:

troy davis
Tuesday, August 17,2021 4:21 PM
Public Comments

354 North Church st

Troy Davis
343 North Church st
Grass Valley

I received notice of the rezoning possibility of 354 North Church St. I have lived on Church Street my entire life and have
owned two separate properties on the street. N. Church St. is very densely populated road for its size and has only one

ingress and egress that is paved and maintained.
The land at 354 N. Church was previously owned by Lida Wilson and when i was 15 i built a shed/chicken coop for her.
The current property owned has turned that shed into a living quarters/house.
All done unpermitted along with having a woodstove installed for heat.
This living quarters also is using the lot on the south side for parking which in the winter is a mud pit and after it rains

the mud is tracked several 100 feet down church street when the cars exit.
See pics
The garage on the north side was also renovated into a third residence by installing a false wall and entry door on the

north side.
Also unpermitted
See pics

The three residences on the property have contunually been used to sell drugs and for other illegal uses.
The property last had two residents arrested for drug sales and stolen vehicles that were on the premises.

The main house has a large fence around it with video cameras to assist in these activities

North Church street is a high densinty street if not the highest and the addition to adding 354 North Church to the list of
High Density Lots willonly accelerate future issues.
The current owners have built two illegal dwellings on the property that were not permitted or built to code
The owners family member was arrested for drugs and or stolen vehicles on the property.
The rezoning to high density only allows this to continue and to increase future problems on the street.
By allowing the rezoning you only reward the people who built illegal structures to benefit from their actions while
increasing future density now and in the future.
I ask you review all police service calls at this address to verify the issues.

lncluded are pics lakenS|LT/2L
That show the shed and garage that are now being used as homes as well as the fence and cameras.
Thank You

Troy Davis
1

Page 84

Item # 8.

Taylor Day
From:
Sent:
To:

Subiect:
Attachments:

COLLINS L Tuesday, August 17,2021 4:39 PM
Public Comments
Voice Mail (2 minutes and 21 seconds)

audio.mp3

Yes, my name is Stephen Jackson. l'm a property owner at three four two North Church Street and l'm calling

regarding the general plan amendments to be sound and to allow for a multi unit division to go in on North Church
Street. I've owned that property for over twenty some years. Twenty five, twenty eight years, and there's always been
an issue with traffic. Still is an issue with traffic. There's really no places to Park. You can see a lot of people are
parking on the street. We've had a lot of meetings in the past over the years. Different other councils. Time to
address that the buyer or to come in and trying to evacuate up that hill on the backide. Two Doris Drive that's to
everybody. Agreed even the fire Marshall at the time. That wasn't really a very good option because you'd be more
people blocking the street then allow the entrance to get in there and it's way too much overbuild. Geez, when we
were looking at our division years and years and years ago they thought that we were at the Max and we were three
units and since then we have off street parking and we've had mitigated by going through North School Street We
have two different access for our try Plex whereas this one 's only got really won. lt just does not make sense. lt's just
not good for the city. lt's not good for the area. I'm definitely against it. lt's just somebody trying to make a buck
and we don't need that for our city or our area. There's been a serious issue down there as well. They just got
through tearing up the street and putting in a main, and even that is been problematic. lt just doesn't make sense.
It's an old old neighborhood from the mining era and a lot of the houses are being fixed up and stuffthat we share
site don't need to increase the density anymore than it is. Please vote no on this. Don't allow anything more than a
single family or at the very most maybe two three units, but anything over that is just going to impact us even more.
And we've already got our troubles down there and have for years. Please don't do this. OK my number two six five,
five seven six seven if anybody wants to call me and talk about that, be great, I'd really appreciate it, because this is
really important. Guys, we've we've really don't need a Council that allow stuff like this to happen, and the density
that we're talking. So again, thank you for your hearing me out.
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Page 85

Item # 8.

Taylor Day
From:
Sent:
To:
Subiect:

Steven McFarlane
Thursday, August 12,2021 7:41 AM
Public Comments
Public Comment - Planning Commission 21PLN-21

Dear Grass Valley Planning Commission:
This comment relates to 457 Brunswick Road, and rezoning application 21PLN-21.
The Public Notice provided indicates that the proposed change would alter the zoning of 457 Brunswick Road from
Office Professional (OP) to Central Business (C-2). I wish to express my opposition to the proposed rezoning.

Currently, this parcel is zoned OP and is surrounded entirely by office/professional uses, such as a bank and two dozen
medical/professional offices. There are also dozens of residential properties nearby as well. lf the zoning were changed
to C-2, it would allow for inconsistent use that would negatively impact the existing property owners and the current city
infrastructure.
For example, permissible use in the proposed C-2 zoning includes agricultural, automotive sales, bar/tavern or liquor
store, a gas station, animal kennels, a mortuary, or a parking lot. (See Grass Valley Development Code Table 210). While some of these would require a use permit and further approval, the breadth of possible development under
C-2 provides for uses that are inconsistent with the surrounding professional and office-based businesses.

Further, traffic through this area is already terrible, and ingress/egress onto Brunswick Road is difficult and often unsafe,
Rezoning is simply going to exacerbate that problem. (By its defined terms, C-2 zoning is intended to be "auto-oriented"
development, per City Code L7.24.020.8.)
Unfortunately, the public notice provides no information on the ratlonale or purpose of this proposed zoning change,
why it is needed, the effects on the community, or how the property owner intends to develop the property should it be
rezoned as requested. The rezoning application publicly available on the City of Grass Valley's website is also silent on
these issues.
As such, I object to the rezoning and urge the Planning Commission to deny the rezoning application

Thank you for your consideration.
-Steven McFarlane
Hendricks McFarlane, P.C.
553 Brunswick Road, Suite 4
Grass Valley, CA 95945

1

Page 86

RESOLUTION NO. 21-53

Item # 8.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY ADOPTING A
STATUTORY EXEMPTION AND APPROVING GENERAL PLAN AMENDMENTS AND FOR
354 NORTH CHURCH STREET, 1784 RIDGE ROAD AND 457 BRUNSWICK ROAD

WHEREAS, the City of Grass Valley City Council held a public hearing at its regular
meeting of September 14, 2021, to consider the 354 North Church Steet, 1784 Ridge
Road and 457 Brunswick Road General Plan Amendments, and
WHEREAS, on September 14, 2021, the City Council approved the General Plan
Amendments consisting of:
1. 354 North Church Street – A General Plan Amendment from the Urban Low
Density Residential (ULDR) to the Urban High Density Residential (UHDR) as
shown in Attachment 1;
2. 1784 Ridge Road – A General Plan Amendment from Public (P) to the Urban
Low Density Residential (ULDR) for Lot A as shown in Attachment 2;
3. 457 Brunswick Road – A General Plan Amendment from Office Professional
(OP) to Commercial (C) as shown in Attachment 3.
WHEREAS, the proposed General Plan Amendments are consistent with the goals,
objectives, and policies established in the 2020 General Plan, specifically:
1. The 2020 General Plan and adopted 2019 – 2027 Housing Element includes
policies, goals and objectives to the provision of additional housing.
2. The proposed General Plan Amendment provides a better opportunity to improve
the City’s economic base and provides additional protection of the environment.
WHEREAS, the Community Development Department determined the project
Statutorily Exempt as the appropriate level of environmental review in accordance with
the California Environmental Quality Act (CEQA) and Guidelines, and
WHEREAS, on August 17, 2021, the Planning Commission conducted a public
hearing, reviewed, and took public testimony on, the General Plan Amendments and
recommended the City Council approved the General Plan Amendments, and
WHEREAS, On September 14, 2021, the City Council conducted a duly noticed
public hearing on the General Plan Amendments, and
WHEREAS, the City Council has independently reviewed, analyzed and considered
the Statutory Exemption prior to making its decision on this project, and the Statutory
Exemption reflects the independent judgment of the City of Grass Valley, and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Grass
Valley hereby determines the Project Statutorily Exempt and approves the General Plan
Amendments, and

Page 87

RESOLUTION NO. 21-53

Item # 8.

ADOPTED as a Resolution of the City Council of the City of Grass Valley at a meeting
on September 14, 2021.
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Ben Aguilar, Mayor
ATTEST:

APPROVED AS TO FORM:

__________________________
Taylor Day, Deputy City Clerk

__________________________
Michael Colantuono, City Attorney

Page 88

Item # 8.

354 N Church Street
Prooosed Zonine

Existine Zonine
(R-1 Sinete Famitv Residentiat)

EE@

(R-3 Mutti Famitv Residentiat)

EIO

EIO
Existine General Plan Desienation
(ULD-Urban Low Densitv)

Prooosed General Ptan Desienation
(UHD-Urban Hieh Densitv)

ATTACHMENT 1
Page 89

Item # 8.

457 Brunswick Road
(OP - Office Professionat)

Prooosed Zoninq
(C-2 - Central Business)

Existine Generat Ptan Desicnation
OP - Office/Professional

Proposed General Ptan Desienation
C - Commerciat

Existine Zonine

ATTACHMENT 2
Page 90

Item # 8.

1784 Ridee Road
Proposed Zonine
(R-1 Sincle Familv Residentia0

Existinc Zonine
(Pubtic)

t
R-t

f

Existine General Plan Desienation
(P - Pubtic)

Proposed General Ptan Desicnation
(ULD-Urban Low Densitv)

--

/

ATTACHMENT 3
Page 91

ORDINANCE NUMBER 21-____

Item # 8.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY
APPROVING A REZONE (ZONE CHANGE) FOR PROPERIES LOCATED AT 354
NORTH CHURCH STREET, 1784 RIDGE ROAD & 457 BRUNSWICK ROAD (21PLN08, 21PLN-12 & 21PLN-21).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GRASS VALLEY AS FOLLOWS:
A. The City of Grass Valley Planning Commission held a public hearing at its regular
meeting of August 17, 2021, and recommended the City Council find the project
Statutorily Exempt and approve the Rezones of 354 North Church Street, 1784 Ridge
Road and 457 Brunswick Road.
1. 354 North Church Street – A Rezone of ±0.6-acres from the Single Family (R-1)
Zone to the Multiple Family (R-3)(6,500) square foot/per dwelling unit Combining Zone as
shown in Attachment 1.
2. 1784 Ridge Road – A Rezone from Public (P) to the Residential, Single-family
(R-1) Zone for Lot A of ±26,927 square feet as shown in Attachment 2.
3. 457 Brunswick Road – A Rezone of ±3 acres from the Office Professional (OP)
Zone to the Central Business (C-2) Zone as shown in Attachment 3.
B. The City of Grass Valley City Council held a public hearing at its regular meeting of
September 14, 2021, to consider a recommendation from the Planning Commission on
the Rezones.
C. The City Council has considered all of the evidence submitted into the administrative
record which includes, but is not limited to:
1. Staff report prepared by the Community Development Department for the August
17, 2021, and September 14, 2021, meetings.
2. Planning Commission recommendation at the August 17, 2021, Planning
Commission hearing.
3. Exhibits and Plans submitted by the applicants.
4. Staff presentation at the public hearing held on September 14, 2021, including the
determination that the project is Statutorily Exempt in accordance with CEQA.
5. Public comments, both written and oral, received and/or submitted at or prior to
the public hearing, supporting and/or opposing the applicant’s request.
6. All related documents submitted at or prior to the public hearing;

1

Page 92

ORDINANCE NUMBER 21-____

Item # 8.

7. The City of Grass Valley General Plan, Development Code, and all other
applicable regulations and codes;
D.
In compliance with the City Development Code, the City Council adopts the
following findings in support of the Rezones.
1. The amendments are internally consistent with all other provisions of the
General Plan and any applicable specific plan.
2. The proposed amendments would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
3. The sites are physically suitable in terms of design, location, shape, size,
operating characteristics, and the provision of public and emergency vehicle (e.g. fire and
medical) access and public services and utilities (e.g. fire protection, police protection,
potable water, schools, solid waste collection and disposal, storm drainage, wastewater
collection, treatment, and disposal, etc.), to ensure that the density, intensity, and type of
use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, safety, or welfare, or be materially injurious to
the improvements, persons, property, or uses in the vicinity and zone in which the
property is located.
4. The proposed amendments are internally consistent with other applicable
provisions of the Development Code.
5. The site is physically suitable for the type of development.
E. In view of all of the evidence in the record and based on the foregoing findings, the
City of Grass Valley City Council further finds the following:
F. All documents and materials relating to the proceedings for rezones are maintained
in the City of Grass Valley Community Development Department; 125 East Main Street;
Grass Valley, CA 95945;
G. In view of all of the evidence and based on the foregoing findings, the City of
Grass Valley City Council hereby determines the rezones Statutorily Exempt as the
appropriate level of environmental review in accordance with the California
Environmental Quality Act (CEQA) and Guidelines. The City Council finds, on the basis
of the whole record before it (including the revised initial study and any comments
received), that there is no substantial evidence that the project will have a significant
effect on the environment and that Statutory Exemption reflects the lead agency’s
independent judgment and analysis;

2

Page 93

ORDINANCE NUMBER 21-____

Item # 8.

THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DOES ORDAIN AS FOLLOWS:
Section One: The City of Grass Valley City Council adopts the Rezones, which are
shown on “Attachments 1 - 3” attached hereto.
Section Two: This Ordinance shall take effect thirty days following its adoption as
provided by Government Code Section 36937.
Section Three: The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code Section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting of the entire text.
Section Four: Should any provision of this Ordinance, or its application to any person,
parcel or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person, parcel
or circumstance and, to that end, the provisions hereof are severable.
INTRODUCED and first read on the 14th day of September 2021
PASSED AND ADOPTED this 28th day of September, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:

Ben Aguilar, Mayor
ATTEST:

APPROVED AS TO FORM:

Taylor Day, Deputy City Clerk

Michael Colantuono, City Attorney

PUBLISH DATE: _______________

3

Page 94

Item # 8.

354 N Church Street
Prooosed Zonine

Existine Zonine
(R-1 Sinete Famitv Residentiat)

EE@

(R-3 Mutti Famitv Residentiat)

EIO

EIO
Existine General Plan Desienation
(ULD-Urban Low Densitv)

Prooosed General Ptan Desienation
(UHD-Urban Hieh Densitv)

ATTACHMENT 1
Page 95

Item # 8.

457 Brunswick Road
(OP - Office Professionat)

Prooosed Zoninq
(C-2 - Central Business)

Existine Generat Ptan Desicnation
OP - Office/Professional

Proposed General Ptan Desienation
C - Commerciat

Existine Zonine

ATTACHMENT 2
Page 96

Item # 8.

1784 Ridee Road
Proposed Zonine
(R-1 Sincle Familv Residentia0

Existinc Zonine
(Pubtic)

t
R-t

f

Existine General Plan Desienation
(P - Pubtic)

Proposed General Ptan Desicnation
(ULD-Urban Low Densitv)

--

/

ATTACHMENT 3
Page 97

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Mill Street Project Conceptual Approval and Next Steps
Recommendation: That Council approve final preliminary concept and direct staff to
prepare 30% plans.
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 09/14/2021

Date Prepared: 09/9/2021

Agenda: Administrative
Background Information: In June 2020, the City of Grass Valley temporarily closed one
block of Mill Street to create a public space as a response to the COVID-19 pandemic.
In April 2021, the City Council decided to move forward with permanently closing Mill
Street between Main and Neal. In conjunction with Atlas Lab, the City has held
community workshops and developed concepts based upon input received to date. Now
staff is looking to combine all of the input received (i.e. downtown businesses, public,
etc.) and constraints (maintenance, weather, traffic, etc.) to finalize a preliminary
concept.
The preferred concept for Mill Street focuses on openness and flexibility, creating an
open promenade down the center of Mill Street framed by flexible patio zones on either
side of the street. A cohesive ground-plane minimizes barriers to access with uniform
brick or brick-like paving that is flush with existing sidewalks on the east and west sides
of Mill Street. The flexible patio zone is divided into patio modules aligning with each
storefront on Mill Street and supports businesses by providing leasable outdoor space,
establishing public furnishings amenity zones to enhance pedestrian comfort, and
defines space for seasonal events. A cohesive low metal railing may be installed and
removed in front of businesses to frame outdoor dining, pop up shopping or gathering
areas.
The proposed concept will provide new street trees, planters, and furnishings to create
a comfortable and attractive community space that complements the existing character
of Historic Downtown Grass Valley. Clusters of new street trees draw the eye down Mill
Street while maintaining views of Grass Valley’s historic architecture. Trees are
proposed to be planted in raised planters with built-in seating as a comfortable shaded
public amenity. Recommended tree species are selected that will perform well in Mill
Street’s microclimate and enhance the seasonality of the street with fall color. Other

Page 98

Item # 9.

furnishings include raised weathered steel planters, trash receptacles, and public dining
tables. New light posts create a well-lit nighttime environment and provide
opportunities to enhance the seasonality of the street with string lights, banners, and
other seasonal décor that may be hung from tensioned wires between the posts. Light
posts include embedded power and can support sound and security systems while
maintaining a clean classic look that references the street’s historic gas lamps.
Attached for the Council’s consideration are layout sheets and a typical section. More
information and details will be provided at the City Council Meeting.
Upon receiving City Council approval of the final concept (brick paver surface, uniform
grade plane, flexible patio zones and materials, raised planters, and multi-functional
lighting), Atlas Lab and staff will prepare 30% plans to further refine the design allowing
for even more detailed comments. With the approval of the 30% plans, the next step
would be to procure a design-build team to complete the design and construction of
the final project.
Council Goals/Objectives: This action implements the goals and projects in the
Strategic Plan associated with Community and Sense of Place, and Economic
Development and Vitality.
Fiscal Impact: This design stage of the project has been authorized and funded by
previous Council action.
Funds Available: N/A
Reviewed by: __ City Manager

Account #: N/A
__ Community Development Director

Attachments: Proposed concepts

Page 99

Item # 9.

MILL STREET
PREFERRED CONCEPT

Page 100

Item # 9.

UNIFORM BRICK
GROUNDPLANE

MULTIFUNCTIONAL
LIGHTING

FLEXIBLE PATIO
AREAS

SHADED PUBLIC
SEATING AREAS
Page 101

Item # 9.

PATIO ZONE
OPEN PROMENADE
PATIO ZONE

PAT

IO ZO

OPE

NE

N PR

PAT

OME

IO ZO

NE

NAD

E

SCALE: 1”=40’ Page 102
0’

40’

80’

Item # 9.

FLUSH

EXISTING SIDEWALK

CROSS SLOPE VARIES

PATIO ZONE
VARIES - 8’ MIN, 12’ MAX

15’ OPEN PROMENADE

FLUSH

PATIO ZONE
VARIES - 8’ MIN, 12’ MAX

EXISTING SIDEWALK

Page 103

Item # 9.

PUBLIC PATIOS

20

’M

OPEN PATIO AREA DURING EVENTS

OPEN PATIO AREA DURING EVENTS

IN.

OPEN PATIO AREA DURING EVENTS

Page 104

Item # 9.

LEASED PATIOS

LEASED PATIO A: CAFE TABLES

LEASED PATIO B: LUNCH COUNTERS

LEASED PATIO C: GROUP SEATING AND RAIL-TOP PLANTER

Page 105

Item # 9.

MULTIFUNCTIONAL LIGHTING

Historic-style fixtures with optional
pole accessories

GFCI Receptacle concealed or box
mount

ANP Lighting - technology + utility integration capabilities

Page 106

Item # 9.

TOTAL DESIGNATED PATIO AREAS: 49
TOTAL WITH PERMANENT IMPROVEMENTS: 50% max
LEASABLE PATIO SPACES: 11 (19 max)
PUBLIC AMENITIES: 4(5 max)
NO PERMANENT IMPROVEMENTS, OPEN FOR
TEMPORARY ENCROACHMENT: 35

SCALE: 1”=40’ Page 107
0’

40’

80’