On the agenda: Grass Valley City of Grass Valley City Council Meeting - Sep 28, 2021 — ALPR (Oct 11)

GRASS VALLEY
City Council Regular Meeting, Capital Improvements Authority and
Redevelopment "Successor Agency"
Tuesday, September 28, 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
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).
1. Approval of the Regular Meeting Minutes of August 14, 2021.
Recommendation: Council approve minutes as submitted.
2. Approve the purchase of a Battalion Chief Command Vehicle
Recommendation: That Council take the following action: 1) adopt Resolution No.
2021-54 authorizing the Fire Chief to enter into an agreement, subject to legal review,
with Oroville Ford for the purchase of an in-stock Battalion Chief vehicle in the amount
of $57,353.88, 2) authorize the procurement of the vehicle as a sole source purchase
under Grass Valley Municipal Code section 3.08.140; and 3) authorize necessary budget
adjustment by Finance Director.
3. Second Reading of Ordinance 810 Amending the Zoning Map for 354 North Church
Street, 1784 Ridge Road and 457 Brunswick Road.
Recommendation: Hold a Second Reading, by Title only, of Ordinance No. 810, which
finalizes the Zoning Map Amendment as adopted by the City Council on September 14,
2021.
4. 2021 Annual Street Rehabilitation Project – Award Contract
Recommendation: That Council 1) award a contract for the 2021 Annual Street
Rehabilitation Project to JV Lucas Paving, Inc., 2) authorize the Mayor to execute a
construction contract, subject to legal review and subject to the bid protest period,
3) authorize the Assistant City Engineer to approve construction change orders for up
to 10% of the contract amount, and 4) authorize the Finance Director to execute
budget transfers of Gas Tax funds and Measure E funds to fully fund the project
City of Grass Valley, CA

AGENDA

September 28, 2021Page 2

5. Fire Department Staffing
Recommendation: That Council approve the Fire Department’s proposal to enhance
services with the addition of two Battalion Chiefs, one Fire Captain, and conduct
internal promotions as necessary.
6. Consideration of the purchase of property at 131 Colfax Avenue for $230,000
Recommendation: That Council 1) approve the sale agreement with Robert J. Ottow,
Jr., Successor Trustee of Evelyn I. Allen Living Trust for the property at 131 Colfax
Avenue (APN 008-411-005) subject to legal review; 2) approve the purchase amount
of $230,000, 3) authorize the City Manager to execute the sale agreement with Robert
J. Ottow, Jr., Successor Trustee of Evelyn I. Allen Living Trust; 4) authorize the City
Manager to sign all real estate documents required to complete the purchase; and 5)
approve the Finance Director to make the necessary budget adjustments and transfers
to complete these actions.
7.

Approve the purchase of two (2) Chevy Tahoe Police PPV Vehicle
Recommendation: That Council take the following action: 1) adopt Resolution No.
2021-55 and authorize the Chief of Police to sign purchase agreements for the
purchase of two (2) Chevy Tahoe Police PPV Vehicles; 2) authorize the procurement
of the vehicle as a sole source purchase under Grass Valley Municipal Code section
3.08.140; and 3) authorize the Finance Director to make necessary budget
adjustments

8. Caltrans Funding Agreements – 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 California Department of Transportation for
Federal and/or State funded projects.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
ADMINISTRATIVE
9. Animal Services staffing re-organization - addition of one FTE Animal Control Officer
position
Recommendation: Approve (1) the addition of one full time animal control officer;
and (2) direct the finance director to make appropriate budget adjustments
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 23, 2021 at 7:00 PM was posted at city hall, easily accessible to the
public, as of 5:00 p.m. Friday, September 24, 2021.
________________________
City of Grass Valley, CA

AGENDA

Taylor Day, Deputy City Clerk
September 28, 2021Page 3

Item # 1.

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

MINUTES
CALL TO ORDER
Call to order at 7:12 pm by Mayor Aguilar.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Aguilar.
ROLL CALL
PRESENT
Council Member Bob Branstrom
Council Member Hilary Hodge
Council Member Tom Ivy
Vice Mayor Jan Arbuckle
Mayor Ben Aguilar
AGENDA APPROVAL Presentation of OES was taken off and the addition of item to discuss the purchase of Utility
Trucks.
Motion made to add emergency purchase of Utility Trucks to agenda 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
Motion made to approve the agenda with noted changes by Council Member Hodge,
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
Nothing to report.
INTRODUCTIONS AND PRESENTATIONS
1. Soroptimist International of Grass Valley Proclamation celebrating 100 year
anniversary of the imitation of Soroptimist.

Page 5

Item # 1.

2. OES Presentation
PUBLIC COMMENT
Attached.
CONSENT ITEMS Mayor Aguilar requested that item that was in regards to ALRP be moved to administrative.
Motion made to approve consent item with noted changes by Council Member Branstrom,
Seconded by Council Member Hodge.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy, Vice
Mayor Arbuckle, Mayor Aguilar
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. 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.
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION AND /
OR ANY ADDED AGENDA ITEMS
REORGANIZATION RELATED ITEMS
PUBLIC HEARING
7. 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
City of Grass Valley, CA

MINUTES

September 14, 2021Page 6

Item # 1.

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.
Lance Lowe, Principal Planner, gave presentation of this item to the council.
Applicants Cheryl Neil for 145 N Church St., Sandy Jansen for Ridge Rd, and Robert &
Liza Vernazza for Brunswick Rd.
Motion made to 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 by Vice Mayor Arbuckle, Seconded by Council Member Hodge.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy,
Vice Mayor Arbuckle, Mayor Aguilar
ADMINISTRATIVE
8. 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
Alex Gammelgard, Police Chief, gave this presentation to the council. John
Anderson, with Flock Group, was available for questions.
Council had discussion of how this technology works and some reservations about
how this technology will be used.
Motion made 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
9. Mill Street Project Conceptual Approval and Next Steps
Recommendation: That Council approve final preliminary concept and direct staff to
prepare 30% plans.
The City's consultants from Atlas, Kimberly Garza and Brenna Castro Carlson, gave
presentation to the Council.
Council Discussed uniform pavers, permeable surface, light poles, Felix Gillet trees,
finding a material for the seating that will be able to handle our weather.
Motion made to approve final preliminary concept and direct staff to prepare 30%
plans 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
City of Grass Valley, CA

MINUTES

September 14, 2021Page 7

Item # 1.

10. Purchasing Trucks for Public Works
Recommendation: That Council 1) authorize the emergency purchase of vehicles for
public works, 2) find that the purchase may be made more economically without
competitive bidding procedures; and 3) The purchase is a legitimate sole source
purchase because there is only one source for the required equipment.
Mark Buttron, Fire Chief, gave presentation to the Council. Explaining that we had
vehicles ready to purchase through our normal routes, but they have all been
canceled. The city has been on the search for a heavy duty truck, like a dump truck,
and normal trucks that have the capabilities to attach a snow plow. The staff is
looking to council to get approval to purchase these vehicles as soon as staff is able
to find them due to the shortage of vehicles.
Motion to 1) authorize the emergency purchase of vehicles for public works, 2) find
that the purchase may be made more economically without competitive bidding
procedures; and 3) The purchase is a legitimate sole source purchase because there
is only one source for the required equipment made by Vice Mayor Arbuckle,
Seconded by Council Member Branstrom.
Voting Yea: Council Member Branstrom, Council Member Hodge, Council Member Ivy,
Vice Mayor Arbuckle, Mayor Aguilar
BRIEF REPORTS BY COUNCIL MEMBERS
Councilmember Hodge thank the community for everything that it is doing to keep
everything going and thriving. Non-Profits have upcomming virtual galas and she urges
everyone to support their favorite non-profits. Councilmember Ivy had nothing to report.
Councilmember Branstrom is recovering from COVID and is looking forward to the League of
California Cities conference. Vice Mayor Arbuckle attended the ERC meeting, Nevada County
Law and Fire Meeting, 9/11 memorial, present the key to the city to Lew Contor for his
100th birthday, and is looking forward to the League of California Cities conference. Mayor
Aguilar presented to the ERC all of the things happeing in Grass Valley, urges everyone to
stay safe, careful, and take care.
ADJOURN
Mayor Aguilar adjourned the meeting at 9:07 pm.

City of Grass Valley, CA

MINUTES

September 14, 2021Page 8

Item # 1.

Taylor Day
From:
Sent:
To:
Subject:

Alvaro Pastor
Sunday, September 5, 2021 1:43 PM
Public Comments
354 North Church Steet

Dear City Council,
I'm the owner of the property located at 314 N, Church Street and I agree with the Planning
Commission recommendation restricting any development on 354 North Church Street to a
minimum. Giving the extreme fire hazard of the area and the size of the access street I consider any
increase of population density to pose a great risk to all residents. I hope the City Council enforces
the logical recommendation of the Planning Commission.
Regards,
Alvaro Pastor

1

Page 9

Item # 1.

Taylor Day
From:
Sent:
To:
Cc:
Subject:

SHARYN JONES
Tuesday, September 14, 2021 1:31 PM
Lance Lowe; Public Comments; Sandy Jansen
Sharyn Jones
Public Hearing tonight - Sept. 14, 2021 - re: 1784 Ridge Road - please take notice of unrecorded
water easement involved-

To Lance Low ‐ Planner, City of Grass Valley ‐ and to Planning Commission ‐
Per my phone discussion with Lance Low 2 weeks ago, and today’s additional discussion, this e‐mail is sent per request
‐
1. My property (S.L. Jones) at 11732 Ridge Road is the neighboring property to 1784 Ridge Road (on the agenda
tonight).
2. The NID water line (and Box) to the subject property (1784 Ridge Road to be discussed at the hearing tonight) ‐
needs a proper recorded easement over my adjoining property for the box and the water line, and for any
maintenance.
3. I request that the City require a proper recorded easement through my property for the box and water line and
maintenance ‐ as a condition for approval.
4. I am not requesting any monetary fees from my neighbor for this necessary proper recorded easement through my
property.
It is assumed that his survey company will prepare these docs for all of our approvals and signatures, with no expense
for me.
5. Summary ‐ This request is made to ascertain all proper procedures ‐ due to the hearing tonight regarding this
neighboring property ‐
(1784 Ridge Road). which adjoins my property (11732 Ridge Road).
Thank you for your attention ‐ Ms. S.L. Jones

1

Page 10

Item # 1.

To: Grass Valley City Council
[email protected]
September 4, 2021
RE: General plan amendments proposed for 354 North Church Street
“Opposed”

Page one of four

Honorable Councilmembers;
I’m writing to request you deny changing 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 for nearly 75 households
The City’s notification process regarding the proposed zoning change is flawed in
that the standard “boilerplate” notification of ‘affected’ adjoining property owners within
300 feet of the proposed project does not recognize impacts on fire evacuation for our
larger neighborhood of approximately 75 households living with extremely constrained
access.
Primary ingress/egress for this parcel (on a cul-de-sac at the end of North Church
Street) is, for about 1/10th of a mile, a grossly substandard and deteriorated 20 foot wide
street of which the majority is effectively reduced to 10 feet wide by parked vehicles (it is
the only option for parking for several residences that do not have off-street parking).
It essentially functions as an alternating one-way road with almost no sidewalks.
It is the primary ingress/egress route for many more immediate neighborhood
residents beyond what is included in your notification process, including Doris Drive,
Helen, Carol, June and North Church Court, all of which would be further negatively
impacted by additional traffic loading.
Our only alternate evacuation route is a one lane, rough dirt road (upper Doris
Drive) leading to the Cypress Hill housing development whose residents commonly use
Doris/North Church as a short cut route to downtown, further impacting traffic flow on
North Church Street.
Our neighborhood is referred to as “Slide Ravine” and has been identified in the
past by Grass Valley fire officials as an area of concern, an argument used to support
earlier Doris Drive street improvements.
The proposal’s additional traffic loading will further degrade emergency fire
evacuation, already compromised by the City’s recent one-way traffic reversal of the
southernmost section of North Church (where it adjoins the Holbrook Hotel) and the
recent construction of three new houses in our neighborhood.
Ingress/egress is challenging because a major portion of North Church St. (about
1/10th of a mile) is impaired by chronic and almost daily illegal parking in the only
portion set aside for bypass of conflicting traffic. Traffic coming from either end
(Richardson or Doris) has very restricted sight lines. It is not uncommon for drivers to
have to back up for a considerable distance when another driver enters from the opposing
direction (note: Covid impacts have temporarily reduced traffic loads).
Police chief Alex Gammelgard is aware of the chronic illegal parking at the one
small area officially designated “no parking”, a space specifically installed to provide a
“pull-out” for conflicting traffic. Illegal parking continues almost daily, despite repeated
calls for enforcement.

Page 11

Item # 1.

RE: 354 North Church

Page 2 of 4

Issue 2: destabilization of our neighborhood and higher costs for city services
In recent years, our historically high crime neighborhood has experienced a
sustained positive trend towards more home ownership, with better care and
enhancements of properties leading to a reduction in crime and a safer, higher quality of
life. This has lead to positive City impacts: more tax revenue and less cost for police
services.
We have an existing strong mix of multi-family and single family homes with
more than our fair share of multi-unit affordable housing. The neighborhood has
stabilized and become dramatically safer in recent years. It is an unfair burden to reverse
this trend by changing this mix towards more transient occupancies which statistically
lead to higher crime and cost of police services, and less care for properties, lowering
property values and tax revenue.
Issue 3: proposal is counter to several 2020 General Plan goals and objectives,
including:
A – General Plan Vision Statement
Page 2-1 “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.”
Page 2-2 Quality of Life: “quality of life factors have been given priority over
quantitative measures of success and progress”
B – Specific General Plan goals and objectives:
- 2-LUO “avoidance of future adverse environmental, public facilities and
services impacts”
- 4-LUO “reduction in congestion and travel time to acquire needed goods and
services
- 9-LUO “preservation of existing neighborhoods”
- 10-LUO “ protection of present quality of life”
- 11-LUO “retention of historic structures and community character”
- 16-LUP “maintain zoning that promotes protection of single family residential
areas from inappropriate encroachments”
- 40-LUP “refer all development proposals to potentially affected governmental
entities for review and comment” (have the fire department, police department and
public works visited the area and commented?)
- 3-LUI “review development regulations to assure adequate project information
is submitted to adequately assess and mitigate environmental and fiscal impacts”
- 3-CG “provide for the safe and efficient movement of people and goods in a
manner that respects existing neighborhoods and the natural environment”
- 4-CG “maintain, improve and expand the existing circulation and transportation
system to provide reasonable ingress, egress and internal movement”
- 5-CG “maintain adequate emergency access”
Page 12

Item # 1.

RE: 354 North Church

Page 3 of 4

- 12-CP “adhere to high safety standards where pedestrians and bicyclists are
exposed to motorized vehicles”
- 22-CP “remove impediments to emergency access from public streets and
rights-of-way”
- 24-CP “coordinate circulation and development plans with public safety
agencies, fire departments/districts and emergency service providers”
- 17-CI “identify appropriate environmental traffic volume thresholds for
residential streets and shall consider those thresholds in development review…”
- 4-SO “reduction of risk from exposure to structural and wildfire fires”
- 5-SP “incorporate fire hazard reduction considerations into land use
plans/patterns, both public and private”
- 1-CDG “preserve and enhance the existing community”
- 5-CDO “improvement 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”
C – General goals and objectives (General Plan commentary)
Page 4-3: “the right of way for local streets is normally 54 feet which provides
for two traffic lanes and a narrow parking lane…” (North Church Street is not in
compliance. Most of it - about 1/10th of a mile - is about 20’ wide, reduced to 10’ wide
due to parked vehicles and with no sidewalk for most of it)
Page 7-4: “The Grass Valley region has a generally high potential for wildland
fires of devastating intensity…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 California Building Code, the
California Fire Code, and the California Mechanical Code” (what about Department of
Transportation regulations?)
Page 10-2: “infill uses, by definition, are additions to the existing community and
must respect the pre-existing uses, patterns, and community aesthetics.”
Page 10-4: Higher density residential developments
(Excerpt) “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 (excerpt) “these multi-family developments will be scattered
throughout the city, not concentrated in areas or neighborhoods”
Additional comments/summation
In closing, you will find many arguments 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. While I support the trend towards increasing density and opposing sprawl,
there are circumstances where this does not make sense. This proposal is one.

Page 13

Item # 1.

RE: 354 North Church

Page 4 of 4

When considering pro/con arguments, note that there are many local housing
developments currently under construction city-wide, with several including
“affordable/mixed use housing”. These new areas 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 services and fire safety at lower cost for
City service, in contrast to this infill project proposed at the end of North Church Street’s
cul de sac and served by dramatically substandard streets – all in a neighborhood of high
population density and a higher proportion of existing multi-family housing than most
areas of the City.
This proposal risks setting a precedent for similar developments in our
constrained area, with no practical solutions for traffic issues and related fire safety.
We have done our share. Please reject this development proposal.
As an alternative, 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 14

Item # 1.

September 6, 2021
Board of Supervisors
Eric Rood Administrative Center
Board of Supervisors Chambers
950 Maidu Avenue
Nevada City CA 95959

RE: Reopening of Idaho Maryland Mine

Dear Board of Supervisors:
I am a fourth generation Nevada County resident with many family members and friends who, like
me, call this county home.
You have done an amazing job growing Nevada County in a sustainable manner. I truly believe,
your decision to allow or not allow the reopening of the Idaho Maryland Mine will be your legacy
for the next 100 years.
In reviewing history of mines here in Nevada County and other states across America, there has
always been a mess left behind, including contamination of beautiful land, precious water, and
damage to the whole ecosystem. As with past mines here in Nevada County, the
mismanagement leaves very visible scars upon the land. The mine project has major
environmental impacts, including habitat destruction, air pollution, increased truck traffic, noise,
greenhouse gas emissions, private wells and ground water contamination, aesthetics, and
tourism that serves our local economy.
Rise Gold Corp. plans to dump a huge mountain of rock and debris in Grass Valley for us to
eventually clean up. To accommodate the 1,000 tons of mine waste per day being dumped
locally, 75 acres of woodlands and chaparral will be completely removed, including all the surface
soil down to rock-solid base, and then built up with mine waste rock and tailings up to 90 feet high
using dump trucks, compactors, and graders. The damage and necessary repair for roads would
be a continuous expense to taxpayers.
Nevada County citizens have been put on water restrictions. Mining requires a lot of water usage
to succeed. I have grave concerns the amount of water required by the mine with the very real
possibility of wells running dry, along with contamination of rivers, creeks, and ground
water. Hydrologic studies show predicted lowering of ground water levels of 1-10 feet on 152
wells. This reduction of ground water levels at private wells is clearly an “impact to wells.”
If Rise Gold Corp. is allowed to reopen this mine, the concern is not IF there will be a spill of
contamination into local waters, but WHEN.
Page 15

Item # 1.

Page 2 of 2 Linda Evangeline Roberts letter dated 9/6/21 to Board of Supervisors
Rise Gold Corp wants you to agree to an 80 year contract. It will be too late to stop the long-term
damage that will occur for generations to come. They claim they will be creating 600+
jobs. Many others have said the same. But are they permanent, well paying, and long term
career jobs? If history is any indication, the answer is no. What happened to the jobs created by
the following gold mines: San Juan Ridge Mine, Sutter Gold Mine, the Zortman-Landusky Mine,
Buckhorn Mountain Mine, Mineral Ridge Mine, and the Pimenton Mine? Poof!
As a publically-traded company, Rise Gold Corp‘s loyalties lie with their stockholders, not with any
community or its residents. We have experienced that “loyalty” with PG&E with all their
mismanagement and resulting fire damage incurred in Nevada County. Corporate greed has now
left the local residents with the unearned difficulty of obtaining property insurance at
obscene/unaffordable rates if at all.
In their digital newspaper The Sarnia Observer, based in Ontario Canada, Rise Gold Corp
published a glowing article stating, “A majority (59%) of respondents supporting the re-opening of
the Idaho-Maryland Mine with only 34% of respondents opposed.”
Do you notice that they don’t identify those respondents? Do they include business leaders or
local business owners? They certainly are not the individual residents of Nevada County who
have protested loudly against this project.
Our local Union newspaper has reported serious concerns. I have grave concerns about Rise
Gold Corp‘s dishonesty and lack of transparency in business. And this website further documents
their misleading statements:
https://www.minewatchnc.org/post/spinning-gold-the-rise-of-misinformation
The decision of the mine's reopening should be vested by every voter in Nevada County, rather
than only the five supervisors. If that is not possible, I know you feel very responsible and
accountable to the citizens and Nevada County. This is a pivotal decision. Please vote NO.
Sincerely,

Linda Evangeline Roberts (FYI: Letter mailed to BOS signed with original signature)
Linda Evangeline Roberts, PO Box 1234, Cedar Ridge, CA 95924, (530) 913-4500

cc:

Grass Valley Councilmembers Email: [email protected]
CEA- NC Email: [email protected]
Page 16

Item # 1.

Taylor Day
From:
Sent:
To:
Subject:

Bruce Williges
Tuesday, August 31, 2021 5:05 PM
Public Comments
Fires, Fire Danger and the homeless/transients

Mayor of Grass Valley:
I think it’s years past due and high time to develop a plan to deal with the fire dangers associated with the homeless
people and transients in both Grass Valley and Nev City. To a large degree, based on late summer and early fall wind
behavior, most fires move to the northeast in daily upslope patters and then downslope the evenings. Those homeless
in the basin behind Safeway and back in behind HillsFlat Lumber pose a tremendous danger to all of us living east,
northeast of the basin. They do NOT have a right to endanger us all…while the city counsel looks the other way. I think
all of them should be picked up immediately and housed at the fair grounds, under constant, lawful supervision until we
have measurable rain. Providing backpacks full of supplies so they make this county home is not helping this dangerous
situation. We’re not even into the fall part of our fire season….what will happen when they start in with the warming
fires. Compassion is NOT helping!
I’m open for suggestions, but not identifying them as the cause these fires is not a legitimate plan. I think city and
county supervisors bear responsibility for these fires if they continue to look the other way.
Bruce Williges

1

Page 17

Item # 2.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Approve the purchase of a Battalion Chief Command Vehicle
Recommendation: That Council take the following action: 1) adopt Resolution No. 202154 authorizing the Fire Chief to enter into an agreement, subject to legal review, with
Oroville Ford for the purchase of an in-stock Battalion Chief vehicle in the amount of
$57,353.88, 2) authorize the procurement of the vehicle as a sole source purchase under
Grass Valley Municipal Code section 3.08.140; and 3) authorize necessary budget
adjustment by Finance Director.
Prepared by: Mark Buttron- Fire Chief
Council Meeting Date: 09/28/2021

Date Prepared: 09/23/2021

Agenda: Consent
Background Information: The Battalion Chief is a Command Officer assigned to shifts
for oversight of incidents and personnel. The Battalion Chief is responsible for
strategical and tactical decisions made at incidents. Their decisions can impact the
safety and well-being of our citizens affected by an emergency as well as the
firefighters assigned to the incident. Battalion Chiefs oversee increasingly complex
incidents, manage multiple-jurisdictional response, plan for increased fire threats to
the community and prepare for evacuations; all while maintaining situational
awareness of all activities and events related to an incident.
Due to several factors, including micro chip shortage, vendors are cautioning the
availability of chassis will be impacted over the next year to year and a half resulting
in significant delays of vehicles. The vendor has one chassis available for immediate
purchase.
Municipal Code section 3.08.140 authorizes the City Council to approve by four-fifths
vote a sole source purchase without a competitive bid process. A sole source purchase
is justified for the vehicle since only Oroville Ford can deliver the vehicle
immediately, and similar vehicles are not readily available due to the need to order a
chassis from the manufacturer and associated build time. Based on City staffs’
expertise and good faith review of available sources, it is understood that build time
and delivery of this vehicle from other vendors is unlikely in the current environment
of vehicle shortages.

Page 18

Item # 2.

Council Goals/Objectives: Public Safety
Fiscal Impact: Budgeted purchase for Fiscal Year.
Funds Available: Yes

Account #: 200-203-52000

Reviewed by:
Attachments: Basic Invoice

Page 19

RESOLUTION NO. 2021-54

Item # 2.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DECLARING
SOLE SOURCE PROCUREMENT OF A BATTALION CHIEF STAFF VEHICLE FOR THE
PRESERVATION OF HEALTH AND PROPERTY IN ACCORDANCE WITH CITY CHARTER
ARTICLE XIII AND MUNICIPAL CODE SECTION 3.08.140
WHEREAS, the Fire Department requires a new Battalion Chief staff vehicle and
WHEREAS, Staff has conducted a good faith review of the available sources for a
Battalion Chief staff vehicle meeting required specifications; and
WHEREAS, Article XIII, section (b)(2) of the City Charter authorizes the City to negotiate
a purchase contract without competitive bidding if it finds that the purchase may be made more
economically without such procedures, or the purchase is of urgent necessity for the preservation
of life, health, or property; and
WHEREAS, the Grass Valley Municipal Code section 3.08.140 authorizes the City to
purchase goods and services without competitive bidding if it determines that it needs unique or
custom goods or services, that there is only one source for the required supply, service or
material; and
WHEREAS, staff has conducted a good faith review of available options for a Battalion
Chief staff vehicle meeting City specifications, and has determined that Oroville Ford in Oroville,
CA has a vehicle meeting standard specifications available for immediate purchase while
procurement from other sources would require such vehicle be built with a build time of 20 to 30
weeks or longer and,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRASS VALLEY, as follows:
1.

That the foregoing statements are true and correct.

2.

That the Fire Chief is authorized to enter into an agreement, subject to legal review, with
Oroville Ford for the purchase of a Battalion Chief staff vehicle in the amount of $
57,353.88

3.

That such purchase is made in accordance with the City Charter Article XIII and Municipal
Code Section 3.08.140 because the City can procure materials, supplies, and services
without advertising and bidding through sole source procurement if the purchase may be
made more economically without normal bidding procedures, or is of urgent necessity for
the preservation of life, health and property.
ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular

meeting thereof held on the 28th day of September 2021, by the following vote:
Page 1 of 2

Page 20

RESOLUTION NO. 2021-54

Item # 2.

AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Ben Aguilar, MAYOR
APPROVED AS TO FORM:

ATTEST:

__________________________________ _______________________________
Michael G. Colantuono, CITY ATTORNEY
Taylor Day, CITY CLERK

Page 2 of 2

Page 21

Item # 2.

Page 22

Item # 3.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Second Reading of Ordinance 810 Amending the Zoning Map for 354 North Church
Street, 1784 Ridge Road and 457 Brunswick Road.
Recommendation: Hold a Second Reading, by Title only, of Ordinance No. 810, which
finalizes the Zoning Map Amendment as adopted by the City Council on September 14,
2021.
Prepared by: Lance E. Lowe, AICP, Principal Planner
Council Meeting Date: September 21, 2021

Date Prepared: September 15, 2021

Agenda: Consent
Background Information: On September 14, 2021, the City Council conducted a public
hearing and unanimously approved the 354 N Church Street, 1784 Ridge Road and 457
Brunswick Road General Plan Amendments, Rezones and Tentative Parcel Map.
A Second Reading is required to finalize the processing of the ordinance. Should the City
Council adopt a second reading of the Ordinance on September 28, 2021, the ordinance
will become effective 30 days thereafter.
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: __ City Manager
ATTACHMENT:
Attachment 1 – Ordinance No. 810 Approving the Rezoning of Properties at 354 N Church
Street, 1784 Ridge Road and 457 Brunswick Road.

Page 23

ORDINANCE NUMBER 810

Item # 3.

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 Exhibit A.
2. 1784 Ridge Road – A Rezone from Public to the Residential, Single-family (R1) Zone for Lot A of . ±26,927 square feet as shown in Exhibit B.
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 Exhibit C.
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 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 24

ORDINANCE NUMBER 810

Item # 3.

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 25

ORDINANCE NUMBER 810

Item # 3.

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 “Exhibits A - C” 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 26

Item # 3.

354 N Church Street
Existing Zoning
(R-1 Single Family Residential)

Proposed Zoning
(R-3 Multi Family Residential)
(6,500 Combining Zone)

Existing General Plan Designation
(ULD-Urban Low Density)

Proposed General Plan Designation
(UHD-Urban High Density)

UHD URBAN HIGH
DENSITY

ULD - Urban
Low Density

ULD

UHD URBAN HIGH
DENSITY

ULD - Urban
Low Density

UHD

Page 27

Item # 3.

1784 Ridge Road
Existing Zoning
(Public)

Proposed Zoning
(R-1 Single Family Residential)

Existing General Plan Designation
(P - Public)

Proposed General Plan Designation
(ULD-Urban Low Density)

ULD

ULD

P

P
P

Page 28

Item # 3.

457 Brunswick Road
Existing Zoning
(OP – Office Professional)

Proposed Zoning
(C-2 – Central Business)

Existing General Plan Designation
OP – Office/Professional

Proposed General Plan Designation
C - Commercial

OP

OP
OP

OP
COMMERCIAL

COMMERCIAL

OP
COMMERCIAL

Page 29

Item # 4.

City of Grass Valley
City Council
Agenda Action Sheet

Title: 2021 Annual Street Rehabilitation Project – Award Contract
Recommendation: That Council 1) award a contract for the 2021 Annual Street
Rehabilitation Project to JV Lucas Paving, Inc., 2) authorize the Mayor to execute a
construction contract, subject to legal review and subject to the bid protest period, 3)
authorize the Assistant City Engineer to approve construction change orders for up to 10%
of the contract amount, and 4) authorize the Finance Director to execute budget
transfers of Gas Tax funds and Measure E funds to fully fund the project
Prepared by: Bjorn P. Jones, PE, Assistant City Engineer
Council Meeting Date: 9/28/2021

Date Prepared: 9/23/2021

Agenda: Consent
Background Information: On August 24, 2021, Council authorized the advertising for
bids for the 2021 Annual Street Rehabilitation Project. The project involves pavement
grinding, overlay and replacements, utility adjustments, striping and marking on
Freeman Lane and La Barr Meadows Road.
Bids were opened on September 23, 2021, and nine bids were received. A bid summary
is attached. Staff reviewed the low bid of $687,937.00 submitted by JV Lucas Paving,
Inc., and determined the bid to be complete and responsible.
The project was originally budgeted at $405,000 in the Capital improvement Program,
however once project plans were finalized the Engineer’s Estimate was $750,000. Now
that expected contract costs are established, a budget transfer of $150,000 in Gas Tax
funds and $220,000 in Measure E funds, currently allocated to the 21/22 Annual Street
Rehab and the 21/22 Measure E Street Rehab Projects respectively, would fully fund
the project
Staff recommends that Council award the construction contract to JV Lucas Paving, Inc.
in the amount of $687,937.00; authorize the Mayor to execute the construction
contract, subject to legal review and subject to the bid protest period; authorize the
Assistant City Engineer to approve construction change orders up to 10% of the contract
amount; and authorize the Finance Director to execute the budget transfers of $150,000
in Gas Tax funds and $220,000 in Measure E funds to fully fund the project.

Page 30

Item # 4.

Council Goals/Objectives: The 2021 Annual Street Rehabilitation Project executes
portions of work tasks towards achieving/maintaining Strategic Plan Goal – City
Infrastructure Investment
Fiscal Impact:
The 2021 Annual Street Rehabilitation Project was budgeted at
$405,000 in the 21/21 FY CIP Budget. With the requested budget transfers of $150,000
of Gas Tax funds and $220,000 of Measure E funds, the project would be fully funded.
Funds Available: Yes

Account #: 300-406-61330

Reviewed by: ____ City Manager

Page 31

Item # 4.

2021 ANNUAL STREET REHAB PROJECT
PROJECT #21‐06
BID SUMMARY
Date:

September 23, 2021; 3:30 p.m.
BIDDER

DATE/TIME REC’VD

AMOUNT

JV Lucas Paving, Inc.

9/23/21, 3:20pm

$687,937.00*

All‐American Construction Inc.

9/23/21, 3:20pm

$784,060.00

Central Valley Construction & Engineering

9/23/21, 3:20pm

$957,548.45

Baldwin Contracting Co, DBA Knife River Const

9/23/21, 3:14pm

$885,535.00

Hansen Bros Enterprises

9/23/21, 3:14pm

$866,673.50

Lamon Construction

9/23/21, 2:51pm

$825,990.85

B&M Builders

9/23/21, 2:33pm

$999,675.00

Martin Brothers

9/23/21, 1:50pm

$877,000.00

Darren Taylor Construction

9/23/21, 11:15am

$880,109.25

* Apparent Low Bidder

Page 32
H:\DESMGMNT\Annual Street Rehab (6133)\21‐06 2021 Annaul Street Rehab\700 Construction\710 Bid Docs\Bid Summary.docx

Item # 5.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Fire Department Staffing
Recommendation: That Council approve the Fire Department’s proposal to enhance
services with the addition of two Battalion Chiefs, one Fire Captain, and conduct internal
promotions as necessary.
Prepared by: Mark Buttron – Fire Chief
Council Meeting Date: 09-28-2021

Date Prepared: 09-22-2021

Agenda: Consent
Background Information: As the fire service expectations for our community expand, so

does the demand for growth of the fire department. One of the main priorities we
need to address is the need for improved oversight of the various components that
impact the Fire Department’s delivery of emergency services. Our current staffing
structure lacks the administrative staff necessary to address current issues within the
department and hinders our ability to prepare for the future growth of the City
effectively and efficiently. In recent years the City’s proactive approach to fire
services has resulted in replacement of our fleet, modernization of internal systems,
improved technology to aid in response and reports, and improved staffing which has
proven to improve our resilience and capability. To maintain this progress, we need to
ensure we can adequately address Fire Department needs related to staffing, future
planning, and general daily operational and administrative functions.
To ensure we are prepared to address existing and future demands, the Fire
Department is proposing to add two Battalion Chiefs, one Fire Captain, and conduct
internal promotions as necessary. These positions will ensure the Grass Valley Fire
Department is prepared to provide for the quickly increasing current and future
emergency service demands of the City and surrounding Nevada County areas we
respond to on a regular basis. Cooperative and coordinated emergency response, such
as the Bennett Fire, has always been and will continue to be the focus of the City of
Grass Valley Fire Department as we plan for current and future protection of the
community.
While Grass Valley and Nevada County Consolidated Fire District have worked together
via a Joint Operations Agreement (JOA) to staff Fire Station 1 for the last 20 years, due
to challenges related to the oversight of two Fire Chiefs, different labor agreements,
and competing priorities, there is a pressing need for change in how our agencies are
organized. Effective November 1st, 2021, Grass Valley and NCCFD fire stations will each

Page 33

Item # 5.

have assigned personnel to provide for autonomous fire services. Each agency will have
its own Battalion Chief to oversee the daily operations and overall procedures of each
shift. With each fire agency becoming independent, the JOA becomes an operational
agreement that assures our community has optimal emergency services. The City is
confident this opportunity to develop and institute plans based on the needs of each
individual fire agency, while maintaining operational cooperation in support of our
primary mission to the public, is the best way to ensure a secure and safe future for
our community.
Council Goals/Objectives: The enhanced services and staffing of the Fire Department
are consistent with the City Strategic Plan related to Public Safety.
Fiscal Impact: The estimated annualized fiscal impact of adding 2.0 FTE Battalion
Chiefs and 1.0 FTE Fire Captain is approximately $510,000. Funding for these positions
will be provided from and split between the City’s General Fund and Measure E Fund
($255,000 each). These funds are currently available in contingencies and fund
balances; and will be incorporated into the base budget with the FY 2021-22 Mid-Year
update to be presented to the City Council in late February 2022.
Funds Available:

Account #: Measure E Fund $255,000
General Fund $255,000

Reviewed by:
Attachments:

Page 34

Item # 6.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Consideration of the purchase of property at 131 Colfax Avenue for $230,000
Recommendation: That Council 1) approve the sale agreement with Robert J. Ottow,
Jr., Successor Trustee of Evelyn I. Allen Living Trust for the property at 131 Colfax Avenue
(APN 008-411-005) subject to legal review; 2) approve the purchase amount of $230,000,
3) authorize the City Manager to execute the sale agreement with Robert J. Ottow, Jr.,
Successor Trustee of Evelyn I. Allen Living Trust; 4) authorize the City Manager to sign all
real estate documents required to complete the purchase; and 5) approve the Finance
Director to make the necessary budget adjustments and transfers to complete these
actions.
Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 09/28/2021

Date Prepared: 09/23/2021

Agenda: Consent
Background Information: The purpose of this property purchase is for future
transportation needs, including but not limited to sidewalk extensions, parking, and
intersection improvements. The owner’s representative provided the City an offer to
purchase the property at 131 Colfax Avenue (APN 008-411-005) for $230,000. After
receiving direction from the City Council to negotiate the purchase of the property
based upon the offer provided to the City, staff and the property owners agreed to the
sale of the property in accordance with the attached sale agreement. The Planning
Commission found that this land purchase is in compliance with the City’s General Plan.
Council Goals/Objectives: This project supports tasks towards achieving/maintaining
Strategic Plan – Economic Development and City Infrastructure Investment.
Fiscal Impact: Funding for this purchase will come from the City’s Development Impact
Fee Fund for Transportation ($230,000).
Funds Available: Yes

Account #: Development Impact Fees

Reviewed by: __ City Manager

Page 35

Item # 6.

PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS

by and between

ROBERT J. OTTOW, JR.
Successor Trustee of Evelyn I. Allen Living Trust
“Seller”

and

CITY OF GRASS VALLEY,
a municipal corporation
“Buyer”

Page 36

219249.1

Item # 6.

TABLE OF CONTENTS
Page
ARTICLE 1 AGREEMENT TO PURCHASE ............................................................................. 1
1.1
The Property. : ..................................................................................................... 1
1.2
Purchase Price.. ..................................................................................................... 1
1.3
Payment of Purchase Price.................................................................................... 2
ARTICLE 2 ESCROW ................................................................................................................. 2
2.1
Closing. . .............................................................................................................. 2
2.2
Escrow Instructions. . ........................................................................................... 3
2.3
Conveyance of Title. ............................................................................................. 3
2.4
Additional Closing Obligations of Seller. ............................................................. 3
2.5
Closing Obligations of Buyer. ............................................................................ 4
2.6
Delivery of Documents by Escrow Holder. ........................................................ 4
2.7
Recordation. ........................................................................................................ 5
ARTICLE 3 INSPECTIONS AND REVIEW .............................................................................. 5
3.1
Due Diligence Items. .......................................................................................... 5
3.2
Environmental/Physical Property Condition Due Diligence. . ............................ 6
3.3
Preliminary Title Report. . ................................................................................... 8
3.4
Encumbrance on Property.. ................................................................................... 8
ARTICLE 4 CONDITIONS TO AGREEMENT ......................................................................... 9
4.1
Buyer’s Conditions Precedent............................................................................... 9
4.2
Seller’s Condition Precedent. .............................................................................. 9
4.3
Satisfaction of Conditions. . ............................................................................... 10
4.4
Waiver. . ............................................................................................................. 10
4.5
Termination.. ....................................................................................................... 10
ARTICLE 5 PRORATIONS, CLOSING COSTS, POSSESSION AND DEPOSITS ............... 10
5.1
Proration of Taxes. . ........................................................................................... 10
5.2
Utilities. ............................................................................................................. 10
5.3
Possession.. ......................................................................................................... 11
5.4
Closing Costs. ..................................................................................................... 11
5.5
Closing Statement.. ............................................................................................. 11
5.6
Breach by Seller or Buyer. ................................................................................ 11
ARTICLE 6 REPRESENTATIONS AND WARRANTIES ...................................................... 11
6.1
Warranties and Representations by Seller. ......................................................... 11
6.2
Indemnification. ................................................................................................ 13
6.3
Representations of Authority. ........................................................................... 13
6.4
Covenants of Seller. .......................................................................................... 13
ARTICLE 7 DAMAGE, DESTRUCTION AND CONDEMNATION ..................................... 14
7.1
Risk of Physical Loss. ......................................................................................... 14
7.2
Condemnation by Unrelated Governmental Entity............................................. 14

219249.1

i

Page 37

Item # 6.

Page
ARTICLE 8 MISCELLANEOUS .............................................................................................. 14
8.1
Attorneys’ Fees. ................................................................................................ 14
8.2
Notices. ............................................................................................................. 14
8.3
Entire Agreement; Interpretation. . .................................................................... 15
8.4
Amendment. ...................................................................................................... 15
8.5
Successors. ........................................................................................................ 15
8.6
Assignment. ........................................................................................................ 15
8.7
Choice of Laws. ................................................................................................ 16
8.8
Headings. .......................................................................................................... 16
8.9
Survival. . ........................................................................................................... 16
8.10 Time. ................................................................................................................. 16
8.11 Counterparts.. ...................................................................................................... 16
8.12 Brokerage Commissions. .................................................................................. 16
8.13 Nonliability of Buyer Officials.. ......................................................................... 16
8.14 Buyer’s Delegation of Authority. ....................................................................... 16
8.15 Incorporation. .................................................................................................... 17

EXHIBITS
A
B
C
D
E

219249.1

Legal Description of Real Property
List of Personal Property
Grant Deed
Warranty Bill of Sale
Non-Foreign Affidavit

ii

Page 38

Item # 6.

PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (the
“Agreement”) is made as of this ____ day of
, 2021 “Effective Date”), by and between
ROBERT J. OTTOW, JR., Successor Trustee of Evelyn I. Allen Living Trust (the “Seller”), and
CITY OF GRASS VALLEY, a municipal corporation (the “Buyer”).
RECITALS
A.
Seller is the owner of that certain real property (the “Real Property”) located at
131 Colfax Avenue, City of Grass Valley, County of Nevada, State of California, legally described
in Exhibit “A”, which Real Property is improved with an approximately 1,171 square foot
residential building (the “Building”).
B.
Buyer now wishes to purchase, and Seller now wishes to sell the Real Property and
any improvements and appurtenances owned by Seller, including, without limitation, the Building
located thereon, and all other improvements and fixtures, sidewalks, landscaping, irrigation,
sewers and other utilities now or hereafter located thereon (collectively, the “Improvements”), on
the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
undertakings set forth herein, Buyer and Seller hereby agree as follows:
ARTICLE 1
AGREEMENT TO PURCHASE
1.1
The Property. Subject to all of the terms, conditions and provisions of this
Agreement, and for the consideration herein set forth, Seller hereby agrees to sell and Buyer hereby
agrees to buy the following, to the extent owned by and in the possession or control of Seller:
(a)
Seller’s fee estate in and to the Real Property, together with the
Improvements, including all right, title and interest of the Seller in and to any rights-ofway, including the right to any unpaid award for damage by reason of any condemnation
proceedings; and
(b)
All personal property owned by Seller and located in the Building. The
personal property to be conveyed, if any (collectively, the “Personal Property”) is listed
in the inventory attached as Exhibit “B”.
The Real Property, the Improvements and the Personal Property, are hereinafter collectively
referred to as the “Property.”
1.2
Purchase Price. The purchase price which Seller agrees to accept and Buyer agrees
to pay for the Property is PURCHASE PRICE ($230,000) (the “Purchase Price”).

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Item # 6.

1.3

Payment of Purchase Price.

(a)
Deposit. Within three (3) business days following the execution of this
Agreement and opening of the Escrow, Buyer shall deposit into Escrow (as hereinafter defined)
the sum of DEPOSIT ($10,000) (the “Deposit”). If Buyer terminates this Agreement for
disapproval of the Due Diligence Items, then the Deposit, less the costs of Escrow, shall be
returned to Buyer. If the Buyer approves the Due Diligence Items, then the Deposit becomes
non-refundable and upon termination of this Agreement prior to Closing for reasons unrelated to
the acts or omissions of Seller, shall be paid to Seller. The Deposit shall be applicable to the
Purchase Price at Closing.
THE PARTIES AGREE THAT THE DEPOSIT AMOUNT IS A REASONABLE SUM FOR
LIQUIDATED DAMAGES SHOULD THE TRANSACTION FAIL TO CLOSE DUE TO A
MATERIAL BREACH OF THIS AGREEMENT BY BUYER IN THAT WHEN
CONSIDERING ALL THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS
AGREEMENT, IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX
THE ACTUAL DAMAGES. BY PLACING THEIR INITIALS AT THE PLACES PROVIDED
EACH PARTY AGREES THAT THE FOREGOING CONSTITUTES LIQUIDATED
DAMAGES AND NOT A FORFEITURE OR PENALTY.
SELLER

BUYER

_________

__________

(initials)

(initials)

(b)
Balance of Purchase Price. The Purchase Price less the Deposit, plus all
costs payable by Buyer pursuant to Article 5, shall be deposited by Buyer with Escrow Holder, at
least one (1) business day before the Closing Date.
ARTICLE 2
ESCROW
2.1
Closing. Closing of the sale of the Property shall take place through an escrow (the
“Escrow”) to be established with Fidelity National Title Company (the “Escrow Holder”) at its
office located at 4280 Golden Center Drive, Suite 100, Placerville, CA 95667. The “Closing
Date” shall be the earlier of (i) the date that is sixty (60) days after “Opening of Escrow” date (as
defined in the next sentence), or (ii) fifteen (15) days after Buyer’s approval of the Due Diligence
Items as provided in Section 3.2 below. Escrow shall be deemed open upon delivery of a fully
executed copy of this Agreement to Escrow Holder (the “Opening of Escrow”). Escrow Holder
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Item # 6.

shall immediately notify Buyer and Seller of the date of Opening of Escrow and the Escrow
Number. The terms “Close of Escrow” and “Closing” shall mean the date the Grant Deed
(hereafter defined) is filed for record in the Official Records of Nevada County, California.
2.2
Escrow Instructions. Articles 1, 2, 3, 4, 5 and 8 also constitute escrow instructions
to Escrow Holder. Additionally, Buyer and Seller agree to execute any form of escrow instructions
as the Escrow Holder customarily requires as escrow holder in real property escrows administered
by it. In the event of a conflict between any such additional terms and provisions of this
Agreement, this Agreement shall supersede and be controlling. Upon any termination of this
Agreement or cancellation of the Escrow, except as provided in Section 1.3, Escrow Holder shall
forthwith return all monies and documents, less only Escrow Holder’s reasonable cancellation fees
and expenses, as set forth herein. Except as otherwise provided herein, the termination of Escrow
and this Agreement and/or the return of deposited funds or documents shall not constitute a waiver,
release or discharge of any breach or default that has occurred in the performance of either party’s
obligations, agreements, covenants, representations or warranties contained herein.
2.3
Conveyance of Title. On or before 12:00 noon on the business day preceding the
Closing Date, Seller shall deliver to Escrow Holder a Grant Deed (the “Grant Deed”) in the form
of attached Exhibit “C”, which Grant Deed shall convey all of Seller’s interest in fee title to the
Real Property and Improvements to Buyer. Escrow Holder shall be instructed to record such Grant
Deed in the Official Records of Nevada County, California, if and when Escrow Holder holds the
instruments and funds accruing to Buyer and Seller as set forth herein and can obtain for Buyer an
ALTA owner’s extended coverage policy of title insurance (the “Title Policy”) issued by Placer
Title Company (the “Title Company”) with liability in an amount equal to the Purchase Price,
together with the endorsements listed in the Seller’s ALTA owner’s extended coverage policy of
title insurance approved by Buyer (the “Endorsements”), modified as applicable for owner’s
coverage, showing the Real Property vested in Buyer free and clear of options, rights of first refusal
or other purchase rights, lis pendens and monetary liens and/or encumbrances and subject only to:
(a)

Non-delinquent real property taxes and assessments;

(b)
Non-monetary title exceptions approved by Buyer pursuant to Section[s]
3.3 and 3.4 below; and
(c)
Title exceptions, if any, resulting from documents being recorded or
delivered through Escrow and approved by Buyer.
2.4
Additional Closing Obligations of Seller. On or before 12:00 noon on the business
day preceding the Closing Date (unless indicated otherwise), Seller shall deliver to Escrow Holder
(unless indicated to be delivered directly to Buyer) copies of the following documents and other
items:
(a)
If applicable, two (2) duplicate original copies of a Warranty Bill of Sale
conveying the Personal Property to Buyer (the “Bill of Sale”) in the form attached as
Exhibit “D”, duly executed by Seller;

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Item # 6.

(b)
A Certificate of Non-Foreign Status (the “Non-Foreign Affidavit”)
executed by Seller in the form attached as Exhibit “E” and a California Franchise Tax
Board Form 590-RE executed by Seller;
(c)
All soils, seismic, geologic, drainage, toxic waste and environmental
reports, surveys, “as-built” plans and specifications, working drawings, grading plans,
elevations and similar information with respect to the Real Property heretofore obtained by
Seller to the extent that originals of such items have not been delivered previously by Seller
to Buyer pursuant to Section 3.1 below (to be delivered to Buyer at the Property at the
Close of Escrow);
(d)
Two (2) duplicate originals of the Closing Statement described in Section
5.8, prepared by Escrow Holder and duly executed by Seller;
(e)
All keys to the Building and any other Improvements with a keyed lock,
and all garage door and gate openers, access codes for doors, gates, thermostats and all
other devices requiring a code, access card or key, which keys, openers and access codes
shall be properly tagged for identification (to be delivered to Buyer at the Property upon
Close of Escrow);
(f)
Building;

All instruction, service and other manuals relevant to the Property and the

(g)
Evidence of the existence, organization and authority of Seller and of the
authority of persons executing documents on behalf of Seller, reasonably satisfactory to
Escrow Holder, and Title Company;
(h)
Any other documents, instruments, funds and records required to be
delivered to Buyer under the terms of this Agreement which have not been previously
delivered; and
2.5
Closing Obligations of Buyer. On or before 12:00 noon on the business day
preceding the Closing Date, Buyer shall deliver to Escrow Holder copies of the following
documents and other items:
(a)
Two (2) duplicate originals of the Closing Statement, prepared by Escrow
Holder and duly executed by Buyer;
(b)
Any other documents, instruments or funds required to be delivered by
Buyer under the terms of this Agreement or are otherwise required by Escrow Holder or
Title Company in order to close Escrow which have not previously been delivered.
2.6
Delivery of Documents by Escrow Holder. On the Close of Escrow, Escrow Holder
shall deliver to Buyer (with copies to Seller as applicable) all of the items listed in Section 2.4
above which were delivered by Seller to Escrow, except that Escrow Holder shall be instructed to
record the original Grant Deed in the Official Records of Nevada County, California upon Close

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219249.1

Item # 6.

of Escrow and to deliver a conformed copy of the Grant Deed to Buyer after recordation thereof
and Escrow Holder shall only deliver to Buyer one duplicate original of the documents submitted
as duplicate originals. Escrow Holder shall deliver the cash portion of the Purchase Price in the
amount determined by Escrow Holder to Seller by wire transfer as provided in written instructions
to be furnished to Escrow Holder by Seller prior to the Close of Escrow, together with one
duplicate original of all of the items listed in Section 2.4 and Section 2.5 above submitted as
duplicate originals on the Close of Escrow and a conformed copy of the Grant Deed.
2.7
Recordation. At the Close of Escrow, the following documents and instruments
shall be recorded in the following order: (a) reconveyance or release of any monetary liens
encumbering the Property, (b) the Grant Deed; and (c) such other instruments as directed by Buyer.
ARTICLE 3
INSPECTIONS AND REVIEW
3.1
Due Diligence Items. Within five (5) business days after the execution of this
Agreement, Seller shall deliver true, correct and complete copies or originals of the following
documents and items with respect to the Property (collectively, the “Due Diligence Items”) to
Buyer:
(a)
Property.
(b)

All certificates of occupancy, licenses, and permits pertaining to the
All surveys (including boundary, topographic and tree surveys);

(c)
All engineering, soils, environmental, ground water, grading and
architectural reports, studies and surveys;
(d)

All materials relating to earthquake faults and flood zones;

(e)

All service, maintenance, management, and consulting agreements;

(f)

All governmental licenses, permits, certificates, entitlements and approvals;

(g)
Property;

An inventory of all tangible personal property, if any, located on the

(h)
copies of all soils, seismic, geologic, drainage, toxic waste, engineering,
environmental and similar type reports and surveys (including, but not limited to, any Phase
I or Phase II Environmental Site Assessments), ALTA surveys, building and grading plans,
drawings (including “as-built” plans and specifications), schematics, blueprints and
working drawings for the Property or any major capital improvements thereto, zoning
ordinances, conditional use permits and correspondence relating thereto, business licenses,
and CC&Rs; and
(i)

Disclosure of any legal matters affecting the Property.

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Item # 6.

3.2
Environmental/Physical Property Condition Due Diligence. For a period of fifty
(50) days after the Opening of Escrow (the “Environmental/Physical Property Condition Due
Diligence Period”), Buyer shall have the right to examine, inspect and investigate the Property
and to determine whether the physical and environmental condition of the Property is acceptable
to Buyer. If Buyer determines that a Phase 2 environmental site assessment is warranted, Seller
agrees that Buyer’s contractor may enter the Property to conduct the Phase 2 assessment and take
such samples and perform such tests and inspections as are reasonably required. Seller shall permit
Buyer, its engineers, analysts, contractors, lenders and agents to conduct physical inspections of
the Property, including the structural, electrical and mechanical aspects of the Improvements, the
interiors of the Building, supports, site work, foundations, soil, subsurface soils, drainage, seismic
and other geological and topographical matters, presence of asbestos, “Hazardous Materials” (as
that term is defined below), if any, and any other investigations as Buyer deems prudent with
respect to the physical condition of the Property. Such investigations may be made by Buyer
and/or its agents during any normal business hours. Seller shall reasonably cooperate to assist
Buyer in completing such inspections and special investigations. Such physical inspections and
investigations of the Property shall be conducted only upon no less than twenty-four (24) hours’
notice to Seller. Seller shall have the right, but not the obligation, to accompany Buyer during
such investigations and/or inspections but shall not interfere therewith. Buyer shall repair any and
all damage to the Property caused by such inspections or investigations in a timely manner and
shall indemnify and defend the Seller from and against any liability arising from Buyer’s physical
inspection hereunder. Buyer shall notify Seller and Escrow Holder in writing (the “Buyer’s
Environmental/Physical Property Condition Due Diligence Notice”) on or before the
expiration of the Environmental/Physical Property Condition Due Diligence Period of Buyer’s
approval or disapproval of the Due Diligence Items provided under Section 3.1 above, the
condition of the Property, and Buyer’s investigations with respect thereto. Buyer’s failure to
deliver Buyer’s Environmental/Physical Property Condition Due Diligence Notice on or before
the expiration of the Environmental/Physical Property Condition Due Diligence Period shall be
conclusively deemed Buyer’s approval thereof. Notwithstanding the foregoing, Buyer may only
disapprove a Due Diligence Item or the condition of the Property in the event Buyer determines
that (i) there exists at the Property a violation of a federal, state or local law, regulation, or code,
including, without limitation, applicable building codes, (ii) asbestos or Hazardous Materials are
present at the Property, or (iii) a material adverse change has occurred with respect to the physical
condition of the Property, or any portion thereof, including, without limitation, to any of the
structural, electrical and mechanical aspects of the Improvements, the interiors of the Building,
supports, site work, foundations, soil, subsurface soils, drainage, seismic and other geological and
topographical matters.
As used herein, the term “Hazardous Materials” shall mean any substance, material, or
waste which is defined as “toxic” or “hazardous” under Environmental Law and/or is, or becomes,
regulated by any local or regional governmental authority, the State of California, or the United
States Government, including, but not limited to, any material or substance which is (i) defined as
a “hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” under Sections
25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous
substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter

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Item # 6.

6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous
material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California
Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans
and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California
Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous
Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl
tertiary butyl ether, (ix) listed under Article 9 or defined as “hazardous” or “extremely hazardous”
pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20,
(x) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33
U.S.C. § 1317), (xi) defined as a “hazardous waste” pursuant to Section 1004 of the Resource
Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903), (xii) defined as
“hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., or (xiii) determined by any local or
regional governmental authority, the State of California, or the United States Government to be
capable of posing a risk of injury to health, safety or property. For purposes hereof, “Hazardous
Materials” excludes materials and substances in quantities as are commonly used in the
construction and maintenance of developments similar to the Project, provided that such materials
and substances are used in accordance with all “Environmental Laws” (as that term is defined
below).
As used herein, the term “Environmental Law” shall mean all applicable past, present or
future federal, state and local statutes, regulations, directives, ordinances, and rules, which pertain
to environmental matters, contamination of any type whatsoever, or health and safety matters, as
such have been amended, modified or supplemented from time to time (including any present and
future amendments thereto and re-authorizations thereof), including, without limitation, those
relating to: (i) the manufacture, processing, use, distribution, treatment, storage, disposal,
generation or transportation of Hazardous Materials; (ii) air, soil, surface, subsurface, surface
water and groundwater; (iii) the operation and closure of underground storage tanks; (iv) health
and safety of employees and other persons; and (v) notification and record keeping requirements
relating to the foregoing. Without limiting the above, Environmental Law also includes the
following: (a) the Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. §§ 9601 et seq.), as amended (“CERCLA”); (b) the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.), as amended
(“RCRA”); (c) the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C.
§§ 11001 et seq.), as amended; (iv) the Clean Air Act (42 U.S.C. §§ 7401 et seq.), as amended; (d)
the Clean Water Act (33 U.S.C. §§ 1251 et seq.), as amended; (e) the Toxic Substances Control
Act (15 U.S.C. §§ 2601 et seq.), as amended; (f) the Hazardous Materials Transportation Act (49
U.S.C. §§ 1801 et seq.), as amended; (g) the Federal Insecticide, Fungicide and Rodenticide Act
(7 U.S.C. §§ 136 et seq.), as amended; (h) the Federal Safe Drinking Water Act (42 U.S.C. §§ 300f
et seq.), as amended; (i) the Federal Radon and Indoor Air Quality Research Act (42 U.S.C.
§§ 7401 et seq.); (j) the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.), as
amended; and (k) any state, county, municipal or local statutes, laws or ordinances similar or
analogous to (including counterparts of) any of the statutes listed above.

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3.3
Preliminary Title Report. Within five (5) days following the Opening of Escrow,
or as soon thereafter as feasible, Escrow Holder shall deliver to Buyer a preliminary title report or
title commitment for an ALTA extended coverage policy of title insurance issued by Title
Company dated not earlier than the date of Opening of Escrow, describing the state of title of the
Property, together with copies of all exceptions specified therein and with all easements plotted in
color (collectively, the “Preliminary Title Report”). Within fifteen (15) days after receipt of the
Preliminary Title Report (the “Title Due Diligence Period”), Buyer shall notify Seller in writing
(the “Buyer’s Title Objection Notice”) of any objections Buyer may have to title exceptions
contained in the Preliminary Title Report (and/or survey if applicable). Seller shall have a period
of fifteen (15) days after receipt of Buyer’s Title Objection Notice in which to remove the
objectionable items. Upon the issuance of any amendment or supplement to the Preliminary Title
Report which adds additional exceptions, the foregoing right of review and approval shall also
apply to said amendment or supplement (provided that the period for Buyer to review such
amendment or supplement shall be the later of the expiration of the Title Due Diligence Period or
ten (10) days from receipt of the amendment or supplement) and Escrow shall be deemed extended
by the amount of time necessary to allow such review and approval in the time and manner set
forth above; provided, however, that in no event shall the Close of Escrow be extended as a result
of such delay for more than thirty (30) days. Subject to the following sentence, in the event Seller
fails to timely remove any of Buyer’s objections set forth in Buyer’s Title Objection Notice
(whether provided by Buyer in connection with the initial Preliminary Title Report or with any
amendment or supplement thereto), Buyer may terminate the Escrow and this Agreement by
providing written notice thereof to Seller and Escrow Holder.
3.4
Encumbrance on Property. Seller agrees that during the term of this Agreement,
Seller shall not cause or allow a lien or encumbrance to bind the Property or be recorded against
the Property without Buyer’s prior written approval.
3.5
Property Sold “As Is”. The Property is sold “As-Is” in its physical condition as of
the date hereof.
During the due diligence period Buyer shall have had the opportunity to fully inspect the Property.
Except as otherwise specified in this Agreement or in writing delivered to Buyer by Seller, neither
Seller nor any agent or other representative of Seller has made any representations or warranties
regarding the Property, including without limitation, any representations or warranties concerning
the Property’s physical condition, access, zoning laws, environmental matters affecting the
Property or the use of the Property; and except for the representations and warranties in this
Agreement or otherwise delivered to Buyer by Seller in writing, Buyer has not relied and will not
rely on implied warranties, guaranties, statements, representations, or information about the
Property whether made by the Seller or any individual representing or purporting to represent
Seller.

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Item # 6.

ARTICLE 4
CONDITIONS TO AGREEMENT
4.1
Buyer’s Conditions Precedent. Buyer’s obligation to purchase the Property shall
be conditioned upon the fulfillment of the following conditions precedent, all of which shall be
satisfied, or waived in writing in Buyer’s sole and absolute discretion pursuant to Section 4.4
below, prior to the Closing Date, except as indicated otherwise:
(a)
The due performance by Seller of each and every undertaking and
agreement to be performed by Seller hereunder, including, without limitation, Seller’s
obligations pursuant to Section 2.4 above, and the truth of each representation and warranty
made in this Agreement.
(b)

Buyer has not timely disapproved of any Due Diligence Item.

(c)
Buyer has not timely disapproved of the physical and environmental
condition of the Property pursuant to Section 3.2.
(d)
Buyer has not timely disapproved of the Preliminary Title Report within the
time periods specified in Sections 3.3 and 3.4.
(e)
Buyer’s approval of any notice of change in representation or warranty
given by Seller pursuant to Subsection 6.1(b) hereof on or before the Closing Date.
(f)
Title Company has committed to issue the Title Policy in the form described
in Section 2.3.
(g)
There shall not be any suits, actions or proceedings pending against Seller’s
interest in or right to the Property.
(h)
There shall not have occurred at any time on or before the Closing Date the
making by Seller of any general assignment for the benefit of creditors, or the filing against
Seller of a petition to have Seller adjudged a bankrupt or a petition for reorganization or
arrangement under any law relating to bankruptcy, or the appointment of a trustee or
receiver to take possession of substantially all of the interest of Seller in the Property, or
the attachment, execution or judicial seizure of substantially all the assets of Seller or the
interests of Seller in the Property or any legal proceeding in which Seller is adjudicated as
being, or stipulates to being, insolvent or unable to pay its debts as they come due.
(i)

The Building shall be vacant.

4.2
Seller’s Condition Precedent. Seller’s obligation to convey the Property to Buyer
shall be conditioned upon the satisfaction or written waiver in writing, in whole or in part, by Seller
of the following condition precedent:
(a)
The due performance by Buyer of each and every undertaking and
agreement to be performed by Buyer hereunder.
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Item # 6.

4.3
Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions
requires action by Buyer or Seller, each party shall use commercially reasonable efforts, in good
faith, and at its own cost, to satisfy such condition. Where satisfaction of any of the foregoing
conditions requires the approval of a party, such approval shall be in such party’s sole and absolute
discretion.
4.4
Waiver. Buyer may at any time or times, at its election, waive any of the conditions
set forth in Section 4.1 above to its obligations hereunder, but any such waiver shall be effective
only if contained in a writing signed by Buyer and delivered to Seller. Seller may at any time or
times, at its election, waive the condition set forth in Section 4.2 above to its obligations hereunder,
but any such waiver shall be effective only if contained in a writing signed by Seller and delivered
to Buyer.
4.5
Termination. In the event each of the conditions set forth in Section 4.1 is not
fulfilled, or waived by Buyer pursuant to Section 4.4, prior to the Closing Date, Buyer may, at its
option, terminate this Agreement and the Escrow opened hereunder, thereby releasing the parties
from further obligations hereunder, and (i) all documents delivered by Buyer to Seller or Escrow
Holder shall be returned to Buyer, (ii) all documents delivered by Seller to Buyer or Escrow Holder
and all documents created by or for Buyer during the due diligence periods herein returned to
Seller, and (iii) the Deposit and all other funds deposited by or on behalf of Seller, less Escrow
Holder’s cancellation fee (if any) shall be released to Seller. In the event that the condition set
forth in Section 4.2 is not fulfilled, or waived by Seller pursuant to Section 4.4, prior to the Closing
Date, Seller may, at its option, terminate this Agreement and the Escrow opened hereunder,
thereby releasing the parties from further obligations hereunder, and (a) all documents delivered
by Seller to Buyer or Escrow Holder shall be returned immediately to Seller, and (b) all other funds
deposited by or on behalf of Buyer, other than the Deposit, shall be returned to Buyer. Nothing in
this Section 4.5 shall be construed as releasing any party from liability for any default of its
obligations hereunder or breach of its representations and warranties under this Agreement
occurring prior to the termination of this Agreement and/or the Escrow to be opened hereunder.
ARTICLE 5
PRORATIONS, CLOSING COSTS, POSSESSION AND DEPOSITS
5.1
Proration of Taxes. Real property taxes and assessments shall be prorated between
Seller and Buyer as of the Closing Date. All prorations shall be based upon a 365-day year and
actual days elapsed. All real property assessments required to be paid on or before the Closing
shall be paid by Seller through Escrow.
5.2
Utilities. Seller shall use its reasonable best efforts to have utility meters read as of
the date that Escrow closes and shall be responsible for all utility services to the Property until the
Close of Escrow. In the event Seller is unable to have the utility meters read as of the Close of
Escrow, Buyer and Seller shall jointly prepare and deposit an estimated utility statement based
upon the average daily usage over the six (6) month period preceding the Close of Escrow and
Escrow Holder shall initially prorate utilities based upon such estimated utility statements and the
parties shall subsequently prorate utilities based upon the actual utility usage upon receipt of such
utility statements.
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219249.1

Item # 6.

5.3
Escrow.

Possession. Buyer shall be entitled to possession of the Property on the Close of

5.4
Closing Costs. Buyer shall pay (i) all of the costs for an ALTA extended coverage
owner’s title policy, including the cost for all endorsements, (ii) any documentary or other transfer
taxes payable on account of the conveyance of the Property, (iii) the cost of recording any deeds,
(iv) all of the escrow fees charged by Escrow Holder in connection with the closing of this
transaction, (v) commission of 2.5% of the purchase price ($5,750) to the Seller’s agent, and (vi)
any other expenses or closing costs in connection with this transaction.
5.5
Closing Statement. No later than three (3) business days prior to the Closing Date,
Escrow Holder shall prepare for approval by Buyer and Seller a closing statement (the “Closing
Statement”) on Escrow Holder’s standard form indicating, among other things, Escrow Holder’s
estimate of all Closing costs and prorations made pursuant to this Agreement. Buyer and Seller
shall assist Escrow Holder in determining the amount of all prorations.
5.6
Breach by Seller or Buyer. In the event that Seller breaches its obligations under
this Agreement and as a result of such breach Buyer terminates this Agreement, the Deposit shall
be immediately returned to Buyer and Buyer shall have all rights and remedies for such breach
available at law or in equity.
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1

Warranties and Representations by Seller.

(a)
Seller hereby makes the following representations and warranties, which
are based upon and limited to the actual knowledge of Seller, with no further duty of inquiry
or investigation, and acknowledges that the execution of this Agreement by Buyer has been
made and the acquisition by Buyer of the Property will have been made in material reliance
by Buyer on such representations and warranties (which shall survive and be effective for
a period of 12 months after the Closing):
(i)
Warranties True. Each and every undertaking and obligation of
the Seller under this Agreement shall be performed by the Seller timely when due;
and all representations and warranties of the Seller under this Agreement and its
exhibits shall be true at the Closing as though they were made at the time of Closing.
(ii)
Title. Seller is now, and at all times between the date hereof and
Closing, inclusive, will be, the owner (either of record or beneficially) of (and
Buyer will acquire hereunder) the entire right, title and interest in and to the
Property to effectively vest in the Buyer good and marketable fee simple title to the
Property, in the title condition acceptable to Buyer in Buyer’s sole discretion
pursuant to the terms of Section 3.3.

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219249.1

Item # 6.

(iii)
No Litigation. There are no pending or, to the best of Seller’s
knowledge, threatened claims, allegations or lawsuits of any kind, whether for
personal injury, property damage, landlord-tenant disputes, property taxes or
otherwise, that could materially and adversely affect the operation or value of the
Property or prohibit the sale thereof, nor to the best of Seller’s knowledge, is there
any governmental investigation of any type or nature pending or threatened against
or relating to the Property or the transactions contemplated hereby; and Seller will
hold Buyer harmless from all liability, loss, cost and expense resulting from claims
arising or becoming applicable during or as a result of Seller’s ownership of the
Property.
(iv)
Enforceability of Agreement. The person executing any
instruments for or on behalf of the Seller was fully authorized to act on behalf of
Seller and this Agreement is valid and enforceable against Seller in accordance with
its terms and each instrument to be executed by Seller pursuant hereto or in
connection therewith will, when executed, be valid and enforceable against Seller
in accordance with its terms. No approval, consent, order or authorization of, or
designation, registration or declaration with, any governmental authority,
including, but not limited to, subdivision approval, is required in connection with
the valid execution and delivery of and compliance with this Agreement by Seller.
(v)
Hazardous Materials. The Property has not at any time been used
for the purposes of storing, manufacturing, releasing or dumping Hazardous
Materials, and there has not been any federal, state, or local enforcement, clean-up,
removal, remedial, or other governmental or regulatory actions instituted or
completed affecting the Property. No underground storage tanks, pipelines or
clarifiers are currently located on the Property; Buyer acknowledges that Seller
removed gas tanks from, and abandoned two hydraulic lifts on, the Property.
(vi)
Disclosure of Liabilities. With respect to the Property, there are
no material liabilities or obligations of Seller, whether accrued, absolute, contingent
or otherwise, which arose out of or relate to any transaction of Seller on or prior to
the Effective Date of this Agreement, which have not been specifically disclosed to
Buyer, in writing, as liabilities or obligations and there are no material liabilities or
obligations of Seller with respect to the Property occurring since the Effective Date
of this Agreement.
(vii)
Condition of Improvements. As of the Closing Date, the
Improvements (which term as used in this Agreement includes, without limitation,
the Building, the sewer and water laterals, plumbing system, heating system, air
conditioning system, electrical system and roof) are in good working order and
repair.
(viii)
Compliance with Laws. Seller has not received any notices from
any governmental authority of zoning, building, environmental protection, clean

12
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219249.1

Item # 6.

air, pollution, fire or health code violations with respect to the Property, including,
without limitation, discrimination on any prohibited basis.
(b)
If Seller becomes aware of any act or circumstance which would change or
render incorrect, in whole or in part, any representation or warranty made by Seller under
this Agreement, whether as of the date given or any time thereafter through the Closing
Date and whether or not such representation or warranty was based upon Seller’s
knowledge and/or belief as of a certain date, Seller will give immediate written notice of
such changed fact or circumstance to Buyer, but such notice shall not release Seller of its
liabilities or obligations with respect thereto.
(c)
All representations and warranties contained in Subsection (a) of this
Section 6.1 made in writing by Seller in connection with the transactions herein provided
for shall be true and correct on the date hereof and on the Closing Date, which
representations and warranties shall survive the Closing for a period of one (1) year.
6.2
Indemnification. Seller shall indemnify Buyer against and hold Buyer harmless
from any and all loss, damage, claims, obligations, demands, liens, encumbrances, liability or
expense, including court costs and reasonable attorneys’ fees, which Buyer may reasonably incur
or sustain either prior to or following the Closing Date by reason of, in connection with, or arising
from (i) any breach of or material misrepresentation with respect to Seller’s representations and/or
warranties contained herein; (ii) any act, conduct, omission, contract, agreement or commitment
of Seller with respect to the Property, and (iii) the existence on the Property, as of the Close of
Escrow, of any Hazardous Materials placed on or about the Property by Seller after the date of this
Agreement. Buyer shall notify Seller within fifteen (15) days in the event any claim is made
against it for which Seller shall have agreed to indemnify Buyer as set forth in this Agreement,
and Seller shall thereupon undertake to defend and hold Buyer free and harmless therefrom.
Should Seller fail to discharge or undertake to defend against any such liability, then Buyer may
settle the same, and Seller’s liability to Buyer shall be conclusively established by such settlement,
the amount of such liability shall include both the settlement consideration and the reasonable
costs, attorneys’ fees and expenses necessarily incurred by the Buyer in effecting such settlement.
6.3
Representations of Authority. Each party hereby represents to the other that this
Agreement has been duly executed by it or its duly authorized officers, members or agents and
constitutes a valid, binding and enforceable obligation of such party.
6.4
as follows:

Covenants of Seller. During the pendency of Escrow, Seller covenants and agrees

(a)
Insurance. Seller will keep all Property conveyed hereunder fully insured
against all usual risks and will maintain in effect all insurance policies now maintained on
the same, up to and including the Closing Date.
(b)
Maintenance and Condition Pending Closing. Between the date of this
Agreement and the Closing Date, Seller will continue to maintain the Property in the same
manner as existed prior to the execution of this Agreement.

13
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219249.1

Item # 6.

(c)
Condition of Property. The Improvements and Personal Property shall on
the day of the Closing be in good condition and repair.
(d)
Transfer of Property. Seller will not transfer any interest in the Property to
any other person or entity and no ownership interests in Seller will be transferred prior to
the Close of Escrow.
ARTICLE 7
DAMAGE, DESTRUCTION AND CONDEMNATION
7.1
Risk of Physical Loss. Prior to Seller’s delivery of possession of the Property to
Buyer at the Closing, the risk of loss or damage to the Property shall remain upon Seller. If the
Property suffers damages as a result of any casualty prior to the Closing, then Seller shall give
written notice thereof to Buyer promptly after the occurrence of the casualty. Buyer can elect to
either (i) require Seller to repair and restore same, in which event, the Closing Date will be
extended until such date as may be reasonably required to complete the repair and restoration, in
which case, Seller shall retain all insurance proceeds; or (ii) accept the Property in its damaged
condition, together with an assignment of Seller’s insurance proceeds and a credit against the
Purchase Price for the amount of any deductible (and Seller hereby agrees that it shall not sell or
compromise any insurance claim affecting the Property without Buyer’s prior written consent).
7.2
Condemnation by Unrelated Governmental Entity. In the event that, prior to the
Close of Escrow, any governmental entity shall commence any actions of eminent domain or
similar type proceedings to take any portion of the Property, Seller shall give prompt written notice
thereof to Buyer. Buyer shall be entitled to all the proceeds of such taking (and Seller hereby
agrees that it shall not settle or compromise the proceedings without Buyer’s prior written consent).
ARTICLE 8
MISCELLANEOUS
8.1
Attorneys’ Fees. In the event of any action between Buyer and Seller seeking
enforcement of any of the terms and conditions of this Agreement, or otherwise in connection with
the Property, the prevailing party in such action, whether by fixed judgment or settlement, shall be
entitled to recover, in addition to damages, injunctive or other relief, its actual costs and expenses,
including, but not limited to, actual attorneys’ fees, court costs and expert witness fees. Such costs
shall include attorneys’ fees, costs and expenses incurred in (a) post-judgment motions, (b)
contempt proceedings, (c) garnishment, levy and debtor and third-party examination, (d)
discovery, and (e) bankruptcy litigation.
8.2
Notices. All notices under this Agreement shall be delivered by (i) personal
delivery, (ii) reputable same-day or overnight courier service (e.g., Federal Express) that provides
a receipt showing date and time of delivery, or (iii) United States mail, registered or certified,
return receipt requested, postage fully prepaid. Notices personally delivered or delivered by
courier shall be effective upon receipt. Mailed notices shall be effective upon the earlier of actual
receipt or two (2) business days following deposit with the United States Postal System. Notice
shall be directed to the parties as follows:

14
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219249.1

Item # 6.

To Seller:

Robert J. Ottow, Jr., Successor Trustee of Evelyn I. Allen Living Trust
Seller’s Agent: Heather C. Hightower
Patti Smith Real Estate
6264 Lower Main Street
Georgetown, CA 95634
[email protected]

To Buyer:

City of Grass Valley
125 East Main Street
Grass Valley, California 95945
Grass Valley, CA
Attn: City Manager
[email protected]

With Copy to: Colantuono Highsmith & Whatley
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945
Attn: Michael Colantuono
Email: [email protected]
or to such other address as the parties may from time to time designate in writing.
8.3
Entire Agreement; Interpretation. This Agreement, and the exhibits, attachments,
and items incorporated herein, contain all the agreements of the parties hereto with respect to the
matters contained herein; and no prior agreement or understanding pertaining to any such matter
shall be effective for any purpose. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction that might otherwise
apply.
8.4
Amendment. No provisions of this Agreement may be amended or modified in any
manner whatsoever except by an agreement in writing signed by duly authorized officers or
representatives of each of the parties hereto.
8.5
Successors. The terms, covenants and conditions of this Agreement shall be
binding upon and shall inure to the benefit of the heirs, executors, administrators and assigns of
the respective parties hereto.
8.6
Assignment. Seller may not assign this Agreement without the prior written
consent of Buyer, which consent may be withheld in Buyer’s sole and absolute discretion. Buyer
may transfer and assign at any time the rights and obligations of Buyer under this Agreement, in
which event, such transferee and assignee shall be entitled to the benefit of and may enforce

15
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219249.1

Item # 6.

Seller’s covenants, representations and warranties hereunder. Upon any such assignment, the
assignor’s liabilities and obligations hereunder or under any instruments, documents or agreements
made pursuant thereto shall be binding upon such assignee, and the assignor shall be relieved
therefrom.
8.7
Choice of Laws. This Agreement shall be governed by the internal laws of the State
of California without regard to conflicts of law principles.
8.8
Headings. Headings at the beginning of each numbered Article and Section of this
Agreement are solely for the convenience of the parties and are not a part of this Agreement.
8.9
Survival. Except as limited by Section 6.1(a) and (c), this Agreement and all
covenants, representations and warranties contained herein shall survive the close of this
transaction and this Agreement shall remain a binding contract between the parties hereto.
8.10 Time. Time is of the essence of this Agreement, it being understood that each date
set forth herein and the obligations of the parties to be satisfied by such date have been the subject
of specific negotiation by the parties.
8.11 Counterparts. This Agreement may be signed by the parties in different
counterparts and the signature pages combined to create a document binding on all parties.
8.12 Brokerage Commissions. Except the Seller’s agent described in Section 5.4 of this
Agreement, Seller and Buyer represent to the other that it has not engaged any broker or finder in
connection with this transaction. The Seller agrees to indemnify, defend and hold harmless the
Buyer from and against any and all liability, loss, costs, damages, or expenses (including court
costs and reasonable attorney’s fees) arising from any claims for fees or commissions payable
under any agreement Seller has entered into with a real estate broker or agent from the Agency’s
purchase of the Property, except the commission included as closing costs in Section 5.4 of this
Agreement.
8.13 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or
representative of Buyer shall be personally liable to Seller, or any successor in interest thereto, in
the event of any default or breach by Buyer or for any amount which may become due to Seller or
its successors, or on any obligations under the terms of this Agreement.
8.14 Buyer’s Delegation of Authority. Buyer’s City Manager is hereby authorized to
approve and execute, on behalf of Buyer, documents to implement this Agreement including the
Exhibits hereto requiring Buyer’s signature, escrow instructions, and other documents that are
commercially reasonably necessary to implement this transaction as contemplated in this
Agreement. All amendments to this Agreement, except amendments that alter the basic business
terms, may be approved by Buyer’s City Manager on behalf of Buyer. In addition, Buyer’s City
Manager shall have the authority, on behalf of Buyer, to approve extensions of time, including
times for Seller’s performance of its obligations under this Agreement, for a cumulative period of
up to six (6) months.

16
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219249.1

Item # 6.

8.15 Incorporation. Exhibits “A”, “B”, “C”, “D”, and “E”, each as attached to this
Agreement, are incorporated herein and made a part hereof.

IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement as of the date
first above written.
“SELLER”
ROBERT J. OTTOW, JR., Successor Trustee
of Evelyn I. Allen Living Trust
By:
Its:

Date:

__________________________
Robert J. Ottow, Jr.

“BUYER”
CITY OF GRASS VALLEY, a municipal
corporation
By:
Its:

Tim Kiser
City Manger

ATTEST:
By:__________________________________
City Clerk
APPROVED AS TO FORM:
______________________________
Michael G. Colantuono, City Attorney
City of Grass Valley

17
Page 55

219249.1

Item # 6.

ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received originally executed counterparts
or a fully executed original of the foregoing Purchase and Sale Agreement and Escrow Instructions
and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof
as such terms apply to Escrow Holder.
Dated: ___________________, 2021
FIDELITY NATIONAL TITLE COMPANY
By:

_____________, Escrow Holder

18
Page 56

219249.1

Item # 6.

EXHIBIT “A”
LEGAL DESCRIPTION OF REAL PROPERTY
For APN/Parcel ID(s): 008-411-005-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GRASS VALLEY,
COUNTY OF
NEVADA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF LOT 16, BLOCK 36, AS SAID LOT AND BLOCK ARE SHOWN ON THE MAP OF THE
TOWN
(NOW CITY) OF GRASS VALLEY MADE BY SAMUEL BOTHELL IN THE YEAR 1872, ACQUIRED BY
THE
STATE OF CALIFORNIA BY DEEDS (1) RECORDED IN VOLUME 165 AT PAGE 228, (2) RECORDED
IN
VOLUME 327 AT PAGE 301, (3) RECORDED IN VOLUME 267 AT PAGE 123, AND (4) RECORDED IN
VOLUME 267 AT PAGE 552, ALL OFFICIAL RECORDS OF NEVADA COUNTY.
SAID PORTION IS ALL THAT PART THEREOF LYING SOUTHEASTERLY FROM THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT DISTANT S. 45° 08' 29" W. 1844.66 FEET FROM THE EAST 1/4 CORNER
OF
SECTION 27, T. 16 N., R. 8 E., M.D.M, SAID POINT ALSO BEING DISTANT 136.97 FEET
SOUTHEASTERLY,
MEASURED RADIALLY FROM THE "B1" LINE AT ENGINEER'S STATION "B1" 339+69.75 OF THE
DEPARTMENT OF PUBLIC WORKS' SURVEY ON ROAD 03-NEV-20, POST MILE 11.9/18.6; THENCE
FROM
SAID POINT OF BEGINNING FROM A TANGENT THAT BEARS N. 80° 21' 22" W, ALONG A CURVE
TO THE
LEFT WITH A RADIUS OF 40 FEET, THROUGH AN ANGLE OF 49° 36' 09" A LENGTH OF 34.63 FEET;
THENCE S. 50° 02' 29" W. 52.21 FEET; THENCE N. 39° 57' 31" W. 5.00 FEET; THENCE FROM A
TANGENT
THAT BEARS S. 50° 02' 29"W. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 222 FEET,
THROUGH
AN ANGLE OF 20° 02' 21", A LENGTH OF 77.64 FEET TO A POINT DISTANT 108.88 FEET
SOUTHEASTERLY, MEASURED RADIALLY FROM SAID "B1" LINE AT ENGINEER'S STATION 781"
338+24.35.

EXHIBIT “A”
TO PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS
Page 57

219249.1

Item # 6.

EXHIBIT “B”
LIST OF PERSONAL PROPERTY
All Personal Property remaining after the Close of Escrow shall be conveyed along with the Property.

882/011706-0079
1166808.1 a10/24/19

EXHIBIT “B”
TO PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
Page 58

219249.1

Item # 6.

EXHIBIT “C”
GRANT DEED
[see following pages]

EXHIBIT “C”
TO PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS
Page 59

219249.1

Item # 6.

RECORDING REQUESTED BY AND:
WHEN RECORDED MAIL TO:
City of Grass Valley
125 East Main Street
Grass Valley, California 95945
Attn: City Manager
Space above this line for Recorder’s Use
Exempt from Recordation Fee per Gov. Code § 27383

MAIL TAX STATEMENTS TO:
City of Grass Valley
125 East Main Street
Nevada, CA 95060
Attn: City Manager

DOCUMENTARY TRANSFER TAX $0.00 [PUBLIC
ENTITY TRANSFEREE]
…. Computed on the consideration or value of property
conveyed; OR
…. Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax – Firm Name

Order No.
Escrow No.

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT J.
OTTOW, JR., Successor Trustee of Evelyn I. Allen Living Trust, hereby grants to the CITY OF
GRASS VALLEY, a municipal corporation, the real property in the City of Grass Valley, State
of California, described on Attachment No. 1 attached hereto and incorporated herein by
reference (the “Property”).
The Property conveyed hereby is subject to (i) non-delinquent general and special real
property taxes; and (ii) matters of record.
“SELLER”
ROBERT J. OTTOW, JR., Successor Trustee
of Evelyn I. Allen Living Trust
Date:

By:
Its:

______________________
_______________________

Page 60

219249.1

Item # 6.

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA
COUNTY OF __________

)
)

On
_______________,
before
me,
___________________________________, Notary Public, personally
appeared _________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________

(Seal)

Page 61

219249.1

Item # 6.

CERTIFICATE OF ACCEPTANCE
This Certificate of Acceptance is to certify that the interest in real property conveyed by the grant
deed dated __________________, from ROBERT J. OTTOW, JR., Successor Trustee of Evelyn
I. Allen Living Trust (“Grantor”), to the CITY OF GRASS VALLEY, a municipal corporation
(“Grantee”), is hereby accepted by order of the CITY OF GRASS VALLEY pursuant to
authority conferred on by Resolution No. _____ adopted by the Grantee’s City Council on
______________, and Grantee hereby consents to recordation thereof by its duly authorized
officer.
Dated:_____________, 2021

“GRANTEE”
CITY OF GRASS VALLEY
By:___________________________________
Tim Kiser, City Manager
ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF __________

)
)

On
_______________,
before
me,
___________________________________,
Notary
Public,
personally appeared _________________________, who proved to
me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________

(Seal)

Page 62

219249.1

Item # 6.

ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION OF REAL PROPERTY
For APN/Parcel ID(s): 008-411-005-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GRASS VALLEY,
COUNTY OF
NEVADA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF LOT 16, BLOCK 36, AS SAID LOT AND BLOCK ARE SHOWN ON THE MAP OF THE
TOWN
(NOW CITY) OF GRASS VALLEY MADE BY SAMUEL BOTHELL IN THE YEAR 1872, ACQUIRED BY
THE
STATE OF CALIFORNIA BY DEEDS (1) RECORDED IN VOLUME 165 AT PAGE 228, (2) RECORDED
IN
VOLUME 327 AT PAGE 301, (3) RECORDED IN VOLUME 267 AT PAGE 123, AND (4) RECORDED IN
VOLUME 267 AT PAGE 552, ALL OFFICIAL RECORDS OF NEVADA COUNTY.
SAID PORTION IS ALL THAT PART THEREOF LYING SOUTHEASTERLY FROM THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT DISTANT S. 45° 08' 29" W. 1844.66 FEET FROM THE EAST 1/4 CORNER
OF
SECTION 27, T. 16 N., R. 8 E., M.D.M, SAID POINT ALSO BEING DISTANT 136.97 FEET
SOUTHEASTERLY,
MEASURED RADIALLY FROM THE "B1" LINE AT ENGINEER'S STATION "B1" 339+69.75 OF THE
DEPARTMENT OF PUBLIC WORKS' SURVEY ON ROAD 03-NEV-20, POST MILE 11.9/18.6; THENCE
FROM
SAID POINT OF BEGINNING FROM A TANGENT THAT BEARS N. 80° 21' 22" W, ALONG A CURVE
TO THE
LEFT WITH A RADIUS OF 40 FEET, THROUGH AN ANGLE OF 49° 36' 09" A LENGTH OF 34.63 FEET;
THENCE S. 50° 02' 29" W. 52.21 FEET; THENCE N. 39° 57' 31" W. 5.00 FEET; THENCE FROM A
TANGENT
THAT BEARS S. 50° 02' 29"W. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 222 FEET,
THROUGH
AN ANGLE OF 20° 02' 21", A LENGTH OF 77.64 FEET TO A POINT DISTANT 108.88 FEET
SOUTHEASTERLY, MEASURED RADIALLY FROM SAID "B1" LINE AT ENGINEER'S STATION 781"
338+24.35.

EXHIBIT “D”
WARRANTY BILL OF SALE
[see following pages]

Page 63

219249.1

Item # 6.

WARRANTY BILL OF SALE
For good and valuable consideration, the receipt of which is hereby acknowledged, ROBERT J.
OTTOW, JR., Successor Trustee of Evelyn I. Allen Living Trust (“Seller”), does hereby sell,
transfer and convey to CITY OF GRASS VALLEY, a municipal corporation (“Buyer”), all
personal property of Seller described in Schedule No. 2 attached hereto which is located in the
Building or on the Property described in Schedule No. 1 attached hereto, which personal
property Seller warrants to be free and clear of all encumbrances.
Seller does hereby covenant with Buyer that Seller is the lawful owner of such personal
property, free and clear of all liens, encumbrances, security agreements and financing statements,
that such personal property is owned and not leased by Seller and that Seller has good right to sell
the same as aforesaid and will warrant and defend the title thereto unto Buyer, its successors and
assigns, against the claims and demands of all persons.
Dated this _____ day of _____________, 2021.

“SELLER”
ROBERT J. OTTOW, JR., Successor Trustee
of Evelyn I. Allen Living Trust
Date:

By:
Its:

_____________________
_____________________

Page 64

219249.1

Item # 6.

SCHEDULE NO. 1
LEGAL DESCRIPTION OF REAL PROPERTY
For APN/Parcel ID(s): 008-411-005-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GRASS VALLEY,
COUNTY OF
NEVADA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF LOT 16, BLOCK 36, AS SAID LOT AND BLOCK ARE SHOWN ON THE MAP OF THE
TOWN
(NOW CITY) OF GRASS VALLEY MADE BY SAMUEL BOTHELL IN THE YEAR 1872, ACQUIRED BY
THE
STATE OF CALIFORNIA BY DEEDS (1) RECORDED IN VOLUME 165 AT PAGE 228, (2) RECORDED
IN
VOLUME 327 AT PAGE 301, (3) RECORDED IN VOLUME 267 AT PAGE 123, AND (4) RECORDED IN
VOLUME 267 AT PAGE 552, ALL OFFICIAL RECORDS OF NEVADA COUNTY.
SAID PORTION IS ALL THAT PART THEREOF LYING SOUTHEASTERLY FROM THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT DISTANT S. 45° 08' 29" W. 1844.66 FEET FROM THE EAST 1/4 CORNER
OF
SECTION 27, T. 16 N., R. 8 E., M.D.M, SAID POINT ALSO BEING DISTANT 136.97 FEET
SOUTHEASTERLY,
MEASURED RADIALLY FROM THE "B1" LINE AT ENGINEER'S STATION "B1" 339+69.75 OF THE
DEPARTMENT OF PUBLIC WORKS' SURVEY ON ROAD 03-NEV-20, POST MILE 11.9/18.6; THENCE
FROM
SAID POINT OF BEGINNING FROM A TANGENT THAT BEARS N. 80° 21' 22" W, ALONG A CURVE
TO THE
LEFT WITH A RADIUS OF 40 FEET, THROUGH AN ANGLE OF 49° 36' 09" A LENGTH OF 34.63 FEET;
THENCE S. 50° 02' 29" W. 52.21 FEET; THENCE N. 39° 57' 31" W. 5.00 FEET; THENCE FROM A
TANGENT
THAT BEARS S. 50° 02' 29"W. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 222 FEET,
THROUGH
AN ANGLE OF 20° 02' 21", A LENGTH OF 77.64 FEET TO A POINT DISTANT 108.88 FEET
SOUTHEASTERLY, MEASURED RADIALLY FROM SAID "B1" LINE AT ENGINEER'S STATION 781"
338+24.35.

SCHEDULE NO. 1
TO WARRANTY BILL OF SALE
Page 65

219249.1

Item # 6.

SCHEDULE NO. 2
LIST OF PERSONAL PROPERTY
All Personal Property remaining after the Close of Escrow shall be conveyed along with
the Property.

SCHEDULE NO. 2
TO WARRANTY BILL OF SALE
Page 66

219249.1

Item # 6.

EXHIBIT “E”
NON-FOREIGN AFFIDAVIT
[see following pages]

EXHIBIT “E”
TO PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS
Page 67

219249.1

Item # 6.

NON-FOREIGN AFFIDAVIT
Section 1445 of the Internal Revenue Code provides that the transferee of an interest in real
property located in the United States must withhold tax if the transferor is a foreign person. To
inform Buyer, CITY OF GRASS VALLEY, a municipal corporation (“Transferee”), that
withholding of tax is not required upon the sale by ROBERT J. OTTOW, JR., Successor Trustee
of Evelyn I. Allen Living Trust (“Transferor”), of its fee simple interest in that certain real
property sold pursuant to the Purchase and Sale Agreement and Escrow Instructions dated
_____________, 2021, which real property is described in Attachment No. 1, attached hereto
and made a part hereof, the undersigned hereby certifies the following:
1.
The Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code and the income tax
regulations promulgated thereunder);
2.
The Transferor’s United States Taxpayer Identification Number is ___________
________________________;
3.

The Transferor’s address is ______________; and

4.
The Internal Revenue Service has not issued any notice with respect to Transferor
or listed Transferor as a person whose affidavit may not be relied upon for purposes of Section
1445 of the Internal Revenue Code.
The Transferor understands that this certification may be disclosed to the Internal Revenue
Service by Transferee and that any false statement contained herein could be punished by fine,
imprisonment or both.

[continued on next page]

-1Page 68

219249.1

Item # 6.

Under penalty of perjury, I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct and complete, and I further declare that I am the
Manager of Transferor and that I have authority to sign this document on behalf of the Transferor.
“ASSIGNOR”
ROBERT J. OTTOW, JR., Successor Trustee
of Evelyn I. Allen Living Trust
Date:

By:
Its:

__________________
__________________

-2Page 69

219249.1

Item # 6.

ATTACHMENT NO. 1
LEGAL DESCRIPTION OF REAL PROPERTY
For APN/Parcel ID(s): 008-411-005-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GRASS VALLEY,
COUNTY OF
NEVADA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
A PORTION OF LOT 16, BLOCK 36, AS SAID LOT AND BLOCK ARE SHOWN ON THE MAP OF THE
TOWN
(NOW CITY) OF GRASS VALLEY MADE BY SAMUEL BOTHELL IN THE YEAR 1872, ACQUIRED BY
THE
STATE OF CALIFORNIA BY DEEDS (1) RECORDED IN VOLUME 165 AT PAGE 228, (2) RECORDED
IN
VOLUME 327 AT PAGE 301, (3) RECORDED IN VOLUME 267 AT PAGE 123, AND (4) RECORDED IN
VOLUME 267 AT PAGE 552, ALL OFFICIAL RECORDS OF NEVADA COUNTY.
SAID PORTION IS ALL THAT PART THEREOF LYING SOUTHEASTERLY FROM THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT DISTANT S. 45° 08' 29" W. 1844.66 FEET FROM THE EAST 1/4 CORNER
OF
SECTION 27, T. 16 N., R. 8 E., M.D.M, SAID POINT ALSO BEING DISTANT 136.97 FEET
SOUTHEASTERLY,
MEASURED RADIALLY FROM THE "B1" LINE AT ENGINEER'S STATION "B1" 339+69.75 OF THE
DEPARTMENT OF PUBLIC WORKS' SURVEY ON ROAD 03-NEV-20, POST MILE 11.9/18.6; THENCE
FROM
SAID POINT OF BEGINNING FROM A TANGENT THAT BEARS N. 80° 21' 22" W, ALONG A CURVE
TO THE
LEFT WITH A RADIUS OF 40 FEET, THROUGH AN ANGLE OF 49° 36' 09" A LENGTH OF 34.63 FEET;
THENCE S. 50° 02' 29" W. 52.21 FEET; THENCE N. 39° 57' 31" W. 5.00 FEET; THENCE FROM A
TANGENT
THAT BEARS S. 50° 02' 29"W. ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 222 FEET,
THROUGH
AN ANGLE OF 20° 02' 21", A LENGTH OF 77.64 FEET TO A POINT DISTANT 108.88 FEET
SOUTHEASTERLY, MEASURED RADIALLY FROM SAID "B1" LINE AT ENGINEER'S STATION 781"
338+24.35.

ATTACHMENT NO. 1
TO EXHIBIT E
Page 70

219249.1

Item # 7.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Approve the purchase of two (2) Chevy Tahoe Police PPV Vehicle
Recommendation: That Council take the following action: 1) adopt Resolution No. 202155 and authorize the Chief of Police to sign purchase agreements for the purchase of two
(2) Chevy Tahoe Police PPV Vehicles; 2) authorize the procurement of the vehicle as a
sole source purchase under Grass Valley Municipal Code section 3.08.140; and 3)
authorize the Finance Director to make necessary budget adjustments
Prepared by: Alex Gammelgard – Chief of Police
Council Meeting Date: 09/28/2021

Date Prepared: 09/23/2021

Agenda: Consent
Background Information: Due to several factors, including micro-chip
shortages, vehicle dealers and vendors are cautioning the availability of vehicles are
and will continue to be in short supply across the country. Police patrol vehicles will
be impacted over the next year to year and a half resulting in significant delays in
fulfilling vehicle orders. In order to maintain continuity of operations, the police
department requires a reliable and safe fleet of vehicles. The current state of
inventory and vehicle availability is in incredibly short supply. However, through
diligent work of staff, we have located two vehicles that meet our specifications that
are on order with the factory and available for purchase by the City.
The Chevrolet Tahoe PPV is the preferred and exclusive patrol vehicle for the
Grass Valley Police Department. Once received, these vehicles will be marked with
distinct Grass Valley Police Department badging and emergency equipment, sirens,
and lighting will be installed to make them patrol ready fleet vehicles. The two
vehicles that have been identified as available for purchase have been quoted at a
“out the door price” of $44,487.51 /each and will be purchased from Winner
Chevrolet / Elk Grove Auto Group.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic
Goal #6 – Exceptional Public Safety
Fiscal Impact: Current fiscal year impact of $88,975.02 of various funding sources
(general fund and police developer impact fees), partially offset by revenues from sale
of surplus vehicle
Funds Available: Yes

Account #: Various

Reviewed by: Tim Kiser, City Manager

Page 71

RESOLUTION NO. 2021-55

Item # 7.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY DECLARING
SOLE SOURCE PROCUREMENT OF TWO CHEVY TAHOE POLICE PPV VEHICLES FOR
THE PRESERVATION OF HEALTH AND PROPERTY IN ACCORDANCE WITH CITY
CHARTER ARTICLE XIII AND MUNICIPAL CODE SECTION 3.08.140
WHEREAS, the Police Department requires a new Police PPV vehicles and
WHEREAS, Staff has conducted a good faith review of the available sources for two
Chevy Tahoe Police PPV vehicles meeting required specifications; and
WHEREAS, Article XIII, section (b)(2) of the City Charter authorizes the City to negotiate
a purchase contract without competitive bidding if it finds that the purchase may be made more
economically without such procedures, or the purchase is of urgent necessity for the preservation
of life, health, or property; and
WHEREAS, the Grass Valley Municipal Code section 3.08.140 authorizes the City to
purchase goods and services without competitive bidding if it determines that it needs unique or
custom goods or services, that there is only one source for the required supply, service or
material; and
WHEREAS, staff has conducted a good faith review of available options for two Police
PPV vehicles meeting City specifications, and has determined that Winner Chevrolet/Elk Grove
Auto Group in Elk Grove, CA has two vehicles meeting standard specifications available for
immediate purchase while procurement from other sources would require such vehicle be built
with a build time of 20 to 30 weeks or longer and,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GRASS VALLEY, as follows:
1.

That the foregoing statements are true and correct.

2.

That the Police Chief is authorized to enter into an agreement, subject to legal review, with
Winner Chevrolet/Elk Grove Auto Group for the purchase of two Police PPV vehicles in
the amount of $ 88,957.02

3.

That such purchase is made in accordance with the City Charter Article XIII and Municipal
Code Section 3.08.140 because the City can procure materials, supplies, and services
without advertising and bidding through sole source procurement if the purchase may be
made more economically without normal bidding procedures, or is of urgent necessity for
the preservation of life, health and property.
ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular

meeting thereof held on the 28th day of September 2021, by the following vote:
Page 1 of 2

Page 72

RESOLUTION NO. 2021-55

Item # 7.

AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Ben Aguilar, MAYOR
APPROVED AS TO FORM:

ATTEST:

__________________________________ _______________________________
Michael G. Colantuono, CITY ATTORNEY
Taylor Day, CITY CLERK

Page 2 of 2

Page 73

Item # 8.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Caltrans Funding Agreements – 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 California Department of Transportation for Federal
and/or State funded projects.
Prepared by: Bjorn P. Jones, PE, Assistant City Engineer
Council Meeting Date: 9/28/2021

Date Prepared: 9/24/2021

Agenda: Consent
Background Information: The City of Grass Valley is eligible to receive Federal and
State funding, including the recent award of $250,000 in Highway Safety Improvement
Program grant funds for a Pedestrian Safety and Crosswalk Improvements Project.
As part of the authorization process for this and other grant funded projects, the City
is required to draft a resolution authorizing a designated representative to execute the
necessary agreements required to allocate the funds. The attached Resolution
authorizes the Assistant City Engineer to sign pertinent agreements and documents for
Federal and State funded projects with the Department of Transportation.
With Council’s approval of the attached resolution, Staff will execute the Program
Supplement Agreement and Master Agreement necessary to obligate the HSIP Grant
funds and will proceed with work on the Pedestrian Safety and Crosswalk Improvements
Project described herein.
Council Goals/Objectives: This action and the associated improvement project
executes portions of work tasks towards achieving/maintaining Strategic Plan Goal –
City Infrastructure Investment
Fiscal Impact: Resolution approval will enable execution of a Program Supplement
Agreement with Caltrans to allocate $250,000 in HSIP grant funds to the project.
Funds Available: N/A

Account #: N/A

Reviewed by: ____ City Manager

Page 74

RESOLUTION 2021-56

Item # 8.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY
DESIGNATING THE AUTHORITY TO EXECUTE MASTER AGREEMENTS,
PROGRAM SUPPLEMENT AGREEMENTS AND FUNDING AGREEMENTS
WHEREAS, Article X, Section 6 of the Grass Valley City Charter authorizes the City Council to
issue debt secured by revenues; and,
WHEREAS, the City of Grass Valley is eligible to receive Federal and/or State funding for certain
Transportation Projects, through the California Department of Transportation and,
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange
Agreements, and/or Fund Transfer Agreements need to be executed with the California
Department of Transportation before such funds can be claimed and,
WHEREAS, the City wishes to delegate authorization to execute these agreements and any
amendments to the Assistant City Engineer,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS
VALLEY, as follows:
1.

That the foregoing statements are true and correct; and

2.

That the Assistant City Engineer of the City of Grass Valley, is hereby authorized
to sign and execute for and on behalf of the City of Grass Valley, Master
Agreements, Program Supplement Agreements, Fund Exchange Agreements,
and/or Fund Transfer Agreements and any amendments with the Department of
Transportation, for the award of Federal and/or State funding

ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting
thereof held on the 28th day of September 2021, by the following vote:
AYES:
NOES:
ABSTAINS:

ABSENT:

___________________________________
Ben Aguilar, Mayor

APPROVED AS TO FORM:

ATTEST:

______________________________
Michael G. Colantuono, City Attorney

________________________________
Taylor Day, Deputy City Clerk

Page 75

Item # 9.

City of Grass Valley
City Council
Agenda Action Sheet

Title: Animal Services staffing re-organization - addition of one FTE Animal Control
Officer position
Recommendation: Approve (1) the addition of one full time animal control officer; and
(2) direct the finance director to make appropriate budget adjustments
Prepared by: Alexander K. Gammelgard, Chief of Police
Council Meeting Date: 09/28/2021

Date Prepared: 09/21/2021

Agenda: Administrative
Background Information:
The City of Grass Valley operates an animal sheltering facility and animal control
services in the City of Grass Valley and for the City of Nevada City by contract. Many
years ago, the field services and shelter operations were run by three animal control
officers. In February of 2019, after a reduction in animal control officer staffing to one
full time position, the police department recommended re-organization of the
personnel delivering these services. In summary, the staffing allocation after that
action included: (1) full time animal control officer; (1) full time animal shelter kennel
and office assistant; and (1) part-time community services officer, assigned primarily
to field duties. The shelter also employed one limited part-time kennel attendant who
cleaned kennels on weekends and holiday mornings.
Over the past many years, the number of animal related incidents has steadily
increased. The following data illustrate these increases (2020/2021 data is not shown
due to likely COVID-19 anomalies):
Animal Bites/Quarantines:
Dogs handled (shelter)
Cats handled (shelter)
Calls for Service

2015
42
326
118
474

2016
52
308
120
551

2017
49
301
108
631

2018
55
326
111
795

2019
88
361
129
964

As the service demands have increased, the need to again look at re-organization and
allocation of resources has arisen. The ability to staff field operations related to animal
services has been particularly difficult, primarily due to staff shortages resulting from
vacations, sick leave, or training in light of workload. In order to maintain and support
the highest level of services provided to the residents of the City of Grass Valley as well

Page 76

Item # 9.

as to Nevada City via contract, it is necessary to increase our staffing of full-time animal
control officers.
Under this proposal, the following staffing structure will be employed: (2) full time
Animal Control Officers (flexibly staffed between animal control officer and/or senior
animal control officer job classifications); and (1) Animal Shelter Kennel and Office
Assistant.
The differential costs for this staffing structure compared to the existing structure is
estimated to cost approximately $48,000 per year.
Council Goals/Objectives: The execution of this action attempts to achieve Strategic
Goal #1 – Exceptional Public Safety
Fiscal Impact:
Annualized costs to the general fund Animal Control budget of
approximately $48,000
Funds Available: Yes

Account #: 100-202

Reviewed by: Tim Kiser, City Manager

Page 77