GRASS VALLEY City Council Regular Meeting, Capital

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) 274-4390 and email to [email protected]. Comments will be reviewed and distributed before the meeting if received by 5pm. Comments received after that will be addressed during the item and/or at the end of the meeting. Council will have the option to modify their action on items based on comments received. Action may be taken on any agenda item.

Agenda materials, staff reports, and background information related to regular agenda items are available on the City 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.

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mailto:[email protected]

http://www.cityofgrassvalley.com/

City of Grass Valley, CA AGENDA September 28, 2021

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

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City of Grass Valley, CA AGENDA September 28, 2021

5. Fire Department Staffing

Recommendation: That Council approve the Fire Department’s proposal to enhanceservices with the addition of two Battalion Chiefs, one Fire Captain, and conductinternal 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 ColfaxAvenue (APN 008-411-005) subject to legal review; 2) approve the purchase amountof $230,000, 3) authorize the City Manager to execute the sale agreement with RobertJ. Ottow, Jr., Successor Trustee of Evelyn I. Allen Living Trust; 4) authorize the CityManager to sign all real estate documents required to complete the purchase; and 5)approve the Finance Director to make the necessary budget adjustments and transfersto 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 thepurchase of two (2) Chevy Tahoe Police PPV Vehicles; 2) authorize the procurementof the vehicle as a sole source purchase under Grass Valley Municipal Code section3.08.140; and 3) authorize the Finance Director to make necessary budgetadjustments

8. Caltrans Funding Agreements – Approve Authorized Representative

Recommendation: That Council adopt a resolution designating the Assistant CityEngineer as the authorized representative to execute agreements and sign documentson the City’s behalf, as required by the California Department of Transportation forFederal 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 Officerposition

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.

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________________________

Taylor Day, Deputy City Clerk

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.

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Item # 1.

mailto:[email protected]

http://www.cityofgrassvalley.com/

City of Grass Valley, CA MINUTES September 14, 2021

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

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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

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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.

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Item # 1.

1

Taylor Day

From: Alvaro Pastor Sent: Sunday, September 5, 2021 1:43 PMTo: Public CommentsSubject: 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

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Taylor Day

From: SHARYN JONES Sent: Tuesday, September 14, 2021 1:31 PMTo: Lance Lowe; Public Comments; Sandy JansenCc: Sharyn JonesSubject: 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

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

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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”

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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.

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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

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September 6, 2021 Board of Supervisors RE: Reopening of Idaho Maryland Mine Eric Rood Administrative Center Board of Supervisors Chambers 950 Maidu Avenue Nevada City CA 95959

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.

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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]

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Taylor Day

From: Bruce Williges Sent: Tuesday, August 31, 2021 5:05 PMTo: Public CommentsSubject: 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

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Item # 1.

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. 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.

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

Item # 2.

RESOLUTION NO. 2021-54

Page 1 of 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 20

Item # 2.


Page 2 of 2

AYES: NOES: ABSTAIN: ABSENT: _______________________________ Ben Aguilar, MAYOR APPROVED AS TO FORM: ATTEST: __________________________________ _______________________________ Michael G. Colantuono, CITY ATTORNEY Taylor Day, CITY CLERK

Page 21

Item # 2.

Page 22

Item # 2.



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

Item # 3.

ORDINANCE NUMBER 810

1

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 (21PLN-08, 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 (R- 1) 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;

Page 24

Item # 3.


2

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;

Page 25

Item # 3.


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: _______________

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 Proposed General Plan Designation (ULD-Urban Low Density) (UHD-Urban High Density)

UHD - URBAN HIGH

DENSITY

UHD - URBAN HIGH

DENSITY

ULD - Urban Low Density

ULD - Urban Low Density ULD UHD

Page 27

Item # 3.

1784 Ridge Road

Existing Zoning Proposed Zoning (Public) (R-1 Single Family Residential)

Existing General Plan Designation Proposed General Plan Designation (P - Public) (ULD-Urban Low Density)

ULD ULD

P

P

P

Page 28

Item # 3.

457 Brunswick Road

Existing Zoning Proposed Zoning (OP – Office Professional) (C-2 – Central Business)

Existing General Plan Designation Proposed General Plan Designation OP – Office/Professional C - Commercial

OP

COMMERCIAL COMMERCIAL

COMMERCIAL

OP

OP

OP

OP

Page 29

Item # 3.



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.

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

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

Item # 4.



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 # 5.



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


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

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Item # 6.

219249.1

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

Item # 6.

TABLE OF CONTENTS

Page

i 219249.1

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

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Item # 6.

Page

ii 219249.1

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

Page 38

Item # 6.

1

219249.1

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”).

R E C I T A L S

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-of-way, 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.

2 219249.1

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.

3 219249.1

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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(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) All instruction, service and other manuals relevant to the Property and the Building;

(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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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) All certificates of occupancy, licenses, and permits pertaining to the Property.

(b) 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) An inventory of all tangible personal property, if any, located on the Property;

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

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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(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

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

(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.

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(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:

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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

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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.

Page 54

Item # 6.

17 219249.1

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.

Date:

“SELLER”

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

By: __________________________ Its: Robert J. Ottow, Jr.

“BUYER”

CITY OF GRASS VALLEY, a municipal corporation

By: Tim Kiser Its: City Manger

ATTEST:

By:__________________________________ City Clerk

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

Page 55

Item # 6.

18

219249.1

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

Page 56

Item # 6.

EXHIBIT “A” TO PURCHASE AND SALE AGREEMENT AND

ESCROW INSTRUCTIONS 219249.1

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.

Page 57

Item # 6.

882/011706-0079 1166808.1 a10/24/19

EXHIBIT “B” TO PURCHASE AND SALE AGREEMENT

AND ESCROW INSTRUCTIONS 219249.1

EXHIBIT “B”

LIST OF PERSONAL PROPERTY

All Personal Property remaining after the Close of Escrow shall be conveyed along with the Property.

Page 58

Item # 6.

EXHIBIT “C” TO PURCHASE AND SALE AGREEMENT AND


EXHIBIT “C”

GRANT DEED

[see following pages]

Page 59

Item # 6.

219249.1

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.

Date:

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

By: ______________________ Its: _______________________

Page 60

Item # 6.

219249.1

ACKNOWLEDGMENT

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)

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.

Page 61

Item # 6.

219249.1

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

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)

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.

Page 62

Item # 6.

219249.1

ATTACHMENT NO. 1 TO GRANT DEED



EXHIBIT “D”

WARRANTY BILL OF SALE


Page 63

Item # 6.

219249.1

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.

Date:

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

By: _____________________ Its: _____________________

Page 64

Item # 6.

SCHEDULE NO. 1 TO WARRANTY BILL OF SALE

219249.1

SCHEDULE NO. 1



Page 65

Item # 6.

SCHEDULE NO. 2 TO WARRANTY BILL OF SALE

219249.1

SCHEDULE NO. 2

LIST OF PERSONAL PROPERTY

All Personal Property remaining after the Close of Escrow shall be conveyed along with the Property.

Page 66

Item # 6.

EXHIBIT “E” TO PURCHASE AND SALE AGREEMENT AND


EXHIBIT “E”

NON-FOREIGN AFFIDAVIT


Page 67

Item # 6.

-1- 219249.1

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]

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Item # 6.

-2- 219249.1

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.

Date:

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

By: __________________ Its: __________________

Page 69

Item # 6.

ATTACHMENT NO. 1 TO EXHIBIT E

219249.1

ATTACHMENT NO. 1



Page 70

Item # 6.



Title: 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

Prepared by: Alex Gammelgard – Chief of Police


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

Item # 7.


Page 1 of 2

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 72

Item # 7.


Page 2 of 2

AYES: NOES: ABSTAIN: ABSENT: _______________________________ Ben Aguilar, MAYOR APPROVED AS TO FORM: ATTEST: __________________________________ _______________________________ Michael G. Colantuono, CITY ATTORNEY Taylor Day, CITY CLERK

Page 73

Item # 7.



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


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

Item # 8.

RESOLUTION 2021-56

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 # 8.



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


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): 2015 2016 2017 2018 2019 Animal Bites/Quarantines: 42 52 49 55 88 Dogs handled (shelter) 326 308 301 326 361 Cats handled (shelter) 118 120 108 111 129 Calls for Service 474 551 631 795 964 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

Item # 9.