Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 9, 2022
City Council Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Trinity Burruss ⋅ Mayor Pro Tem Marnie Mendoza
Councilmembers ⋅ David Ackerman ⋅ Joe Fatula ⋅ Sean Lomen
REGULAR MEETING AGENDA
February 9, 2022
Closed Session: 5:30 PM
Regular Session: 6:00PM
This meeting will be held at Colfax City Hall, 33 South Main Street, and attended via Teleconference.
You may also join via ZOOM on a computer or mobile device by visiting .https://us02web.zoom.us/j/82413264814
Dial in by calling one of the numbers listed below and enter the Webinar ID:
824 1326 4814
1 (669) 900-6833 1 (346) 248-7799 1(312) 626-6799
1 (929) 205-6099 1 (253) 215-8782 1 (301) 715-8592
Or join via Facebook Live on our City of Colfax page: City of Colfax California Councilmember Sean Lomen location at 108 Clements Ave, Starkville MS 39759 Councilmember David Ackerman location at 2001 E Plumb Lane, Reno NV 89502 Submit public comments to the City Clerk via email at [email protected], by mail to PO Box 702, Colfax CA 95713, or drop them off in the office at 33 S. Main Street, Colfax CA 95713 by 4pm on the day of the meeting.
Comments received will be submitted to Council and made part of the record. 1 CLOSED SESSION
1A. Call Closed Session to Order
1B. Roll Call
1C. Public Comment on Closed Session Items
1D. Closed Session:
(a) Public employee performance evaluation pursuant to Government Code Section 54957 Title: City Manager
***PUBLIC COMMENTS FOR CLOSED SESSION MUST BE RECEIVED BY 4:00 PM, FEBRUARY 9,2022***
2 OPEN SESSION
2A. Call Open Session to Order
2B. Pledge of Allegiance
2C. Roll Call
2D. Approval of Agenda Order
1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 9, 2022
2 Thisis the time for changes to the agenda to be considered including removal, postponement, or change to the agenda sequence.
Recommended Action: By motion, accept the agenda as presented or amended. 3 AGENCY REPORTS
3A. Placer County Sheriff Department
3B. CHP
3C. Placer County Fire Department / CALFIRE
3D. Chamber of Commerce
4 PRESENTATION
4A. Annual Bianchini Update (Page 4)
Presentation By: Connie Heilaman
Recommendation: Receive 2021 Update
5 PUBLIC HEARING (NO PUBLIC HEARING)
6 CONSENT CALENDAR
Matters on the Consent Calendar are routine in nature and will be approved by one blanket motion with a Council vote.
No discussion of these items ensues unless specific items are pulled for discussion and separate action. If you wish to have an item pulled from the Consent Agenda for discussion, please notify the Mayor.
Recommended Action: Approve Consent Calendar
6A. Authorize Remote Teleconference Meetings Pursuant to Government Code Section 54953(e) [AB 361]. (Pages 5-8)
Recommendation: Adopt Resolution -2022 authorizing remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361].
6B. Quarterly Investment Report – Quarter ended in 12/31/2021 (Pages 9-17) Recommendation: Accept and File.
6C. Minutes (Pages 18-21)
Recommendation: By Motion, approve the Colfax City Council minutes of 1/26/22 6D. Contract Award for Lift Station 5 Force Main Improvement Project – Lorang Brothers Construction, Inc. (Pages 22-58)
Recommendation: Adopt Resolution -2022 authorizing the City Manager to award a construction contract to Lorang Brothers Construction, Inc. in the amount of $449,500 with a 15% contingency in an amount not to exceed $516,925 for the Lift Station 5 Force Main Improvement Project.
6E. Shadow Wood Place Subdivision – Release of Maintenance Bond (Pages 59-61) Recommendation: Adopt Resolution -2022 authorizing the City Manager to release the Maintenance Bond for the Shadow Wood Place Subdivision Improvements. 6F. Council Policy Ad hoc Committee (Page 62)
Recommendation: Appoint Mayor Burruss and Councilmember Fatula to the Council Policy Ad hoc Committee.
*** End of Consent Calendar ***
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
February 9, 2022
7 PUBLIC COMMENT
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8A. Committee Reports and Colfax Informational Items – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS
9A. Adult Use Cannabis
Recommendation: Discuss whether to expand the scope of permissible cannabis licenses to include and authorize adult use cannabis retail sales in Colfax and provide direction to staff. 10 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by council members under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken
11 ADJOURNMENT
I, Marguerite Bailey, City Clerk for the City of Colfax, declare that this agenda was posted in accordance with the Brown Act at Colfax City Hall and Colfax Post Office. The agenda is also available on the City website at http://colfax-ca.gov/
Marguerite Bailey, City Clerk
Administrative Remedies must be exhausted prior to action being initiated in a court of law. If you challenge City Council action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice/agenda, or in written correspondence delivered to the City Clerk of the City of Colfax at, or prior to, said public hearing .
3 (Page 63)
2021 Annual Bianchini Report
2/22/2021 check 202 was written in the amount of $8,910 to BTS Builders for the purpose of ADA compliance project completion for the C-Wing restroom upgrade.
That was the only check we wrote last year from the Fund.
Fund value increased substantially over the year:
• on 12/31/2020 the fund balance was $436,545.99
• on 12/31/2021 the fund balance was $503,590.76
The Schwab annual report for 2021 arrives in April, and we will forward to the Council and City Manager at that point.
SVCC is expecting higher levels of investment in the building in 2022 from the Bianchini Fund. This is an issue that will be brought to the Bianchini Advisory Committee, which is composed of SVCC and City appointed members.
Item 4A
4 City of Colfax Authorize Remote Teleconference Meetings Under Government Code Section 54953(e) Staff Report February 9, 2022
Staff Report to City Council
FOR THE FEBRUARY 9, 2022, REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Authorize remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361]
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The proposed Resolution, if adopted, will authorize the City Council to conduct its meetings virtually or in person under the teleconference rules contained in Government Code Section 54953(e).
On March 4, 2020, the Governor proclaimed a state of emergency to address the threat of the COVID-19 pandemic. That proclamation remains in effect.
On March 17, 2020, Governor Newsom signed Executive Order N-29-20 which allowed Council to meet virtually under relaxed teleconferencing rules. Council did so until Executive Order N-29-20 expired on September 30, 2021, and was replaced by different rules under Government Code Section 54953(e) [AB 361] effective October 1, 2021. Council initially elected to resume meeting in person, but the persistence of the COVID pandemic has prompted Council and staff to consider resuming its virtual meetings.
Government Code Section 54953(e) authorizes Council to use teleconferencing to hold its meetings during a proclaimed state of emergency when state or local officials have imposed or recommended measures to promote social distancing. “State of Emergency” is narrowly defined such that one only exists when the Governor has proclaimed one under the authority of Government Code Section 8625, which occurred on March 4, 2020, and remains in effect.
If Council adopts the recommended Resolution, meetings must meet the following requirements:
1. Agendas and notice of the meeting must be posted, but not at all teleconference locations. (GC 54953(e)(2)(A)).
2. Members of the public must be allowed to access the meeting and address the Council. The agenda must (1) include notice of the means by which members of the public can access the meeting and comment, and (2) identify and include an opportunity for all persons to attend via call-in option or internet-based service option, but the City is not required to provide a physical location from which the public may attend or comment. (GC 54953(e)(2)(B)).
3. Teleconference meetings must protect the statutory and constitutional rights of all parties and members of the public appearing before Council. (GC 54953(e)(2)(C)).
RECOMMENDED ACTION: Adopt Resolution __-2022 authorizing remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361].
Item 6A
5 City of Colfax Authorize Remote Teleconference Meetings Under Government Code Section 54953(e) Staff Report February 9, 2022
4. If a disruption occurs that prevents the city from broadcasting the meeting or that prevents the public from participating or commenting using the call-in option, no further action on the agenda items can be taken until the disruption is remedied. (GC 54953(e)(2)(D)).
5. The City cannot require public comments to be submitted in advance of the meeting and must allow for comments to be made in “real time”. This does not require the city to provide a physical location from which the public may attend or comment. (GC 54953(e)(2)(E)).
6. GC Section 54953.3 precludes the City from requiring meeting attendees to register his or her name or to provide other information, complete a questionnaire, or fulfill any other condition precedent to attendance. AB 361 provides that individuals who want to provide public comment through the use of an internet website or other online platform not under the City’s control may nevertheless be required to register as required by that third-party internet website or online platform to participate. (GC 54953(e)(2)(F)).
7. Colfax takes public comment separately on each agenda item so it will have to allow a reasonable amount of time per agenda item for the public to register or be recognized for the purpose of providing public comment. (GC 54953(e)(2)(G)(ii)). This generally applies to the public comment period on matters within the City’s subject matter jurisdiction.
8. The following findings must be made within 30 days after teleconferencing under AB 361 for the first time without complying with Government Code Section 54953(b)(3) and every 30 days thereafter:
(A) The Council has reconsidered the circumstances of the state of emergency, (B) Either the state of emergency continues to directly impact the ability of the Council to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. (GC 54953(e)(3)). Staff plans to place this periodic review on the Consent Calendar.
Staff is prepared to implement these requirements and will be available to answer any questions.
Fiscal Impact
None
Attachments:
1. Resolution __-2022
Item 6A
6 _________________________________________________________________________________________ City of Colfax Authorizing Remote Teleconference Meetings Pursuant To Resolution _-2022 Government Code Section 54953(e) [AB361] City of Colfax
City Council
Resolution № __-2022
AUTHORIZING REMOTE TELECONFERENCE MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(e) [AB 361]
WHEREAS, Government Code Section 54953(e), as adopted by Assembly Bill 361 (AB 361) allows the Council to hold open meetings by teleconference without reference to otherwise applicable requirements of Government Code Section 54953(b)(3), so long as Council complies with legally-imposed requirements, there exists a declared state of emergency, and one of the following circumstances is met: (1) State or local officials have imposed or recommended measures to promote social distancing, (2) Council is holding the meeting for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees, and (3) Council has determined, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees; and,
WHEREAS, on March 4, 2020, the Governor proclaimed a state of emergency pursuant to Government Code Section 8625, and that proclamation remains in effect; and, WHEREAS, the City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, Council subcommittees, City staff and consultants to meet safely in person.
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Colfax as follows:
1. The foregoing recitals are true and correct statements of fact and are incorporated into this Resolution by this reference.
2. The City Council hereby finds and declares the following conditions are met as required by Government Code Section 54953(e)(3):
(i) The Governor of California proclaimed a state of emergency on March 4, 2020, pursuant to Government Code Section 8625, which remains in effect. (ii) The City Council has determined that, as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
3. The City Manager is authorized to utilize teleconferencing to conduct all City of Colfax public meetings pursuant to AB 361 and Government Code Section 54953(e).
4. In accordance with AB 361, the City Council shall reconsider the passage of this Resolution not less than every 30 days to determine whether a state of emergency continues to directly impact the ability of the Council to meet safely in person, or whether state or local officials continue to impose or recommend social distancing, until this Resolution is rescinded.
Item 6A
7 _________________________________________________________________________________________ City of Colfax Authorizing Remote Teleconference Meetings Pursuant To Resolution _-2022 Government Code Section 54953(e) [AB361] THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 9th of February, 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey City Clerk
Item 6A
8 City of Colfax Quarterly Investment Report – Quarter Ended 12/31/2021 Staff Report February 9, 2022
Staff Report to City Council
FOR THE FEBRUARY 09, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Quarterly Investment Report – Quarter ended 12/31/2021 Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
California Government Code Section 53646 and the City of Colfax Investment Policy require a quarterly investment report be submitted to the City Council. Such report shall include at least the following information:
Types of Investments;
Name of the institution in which funds are invested or deposited; Date of Maturity, if applicable;
Par and dollar amount investment for all securities;
Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF; Rate of interest;
Average weighted yield of all investments;
A statement relating the report to the City’s Investment Policy; and A statement that there are sufficient funds to meet the City’s next six months financial obligations.
The current practice for cash management is to maintain an operating balance between $75,000 and $150,000 in the City’s US Bank Corporate checking account. This account accumulates Earnings Credits based on the account balance which offset/reduce monthly service charges. City funds in excess of targeted operating balance are transferred to the State of California Local Agency Investment Fund (LAIF) on a weekly basis. The checking account balance may be reported at an amount higher than the target balance by the Bank due to the timing of City checks being processed by vendors/service providers.
The City’s investment policy is authorized under the California Government Code, section 53600, et. seq. as it applies to the investment of public funds. The Government Code governs the City’s allowable investments, and the lengths of those investments. Our investment policy dictates that the City should have liquid short term securities to meet six months financial obligations. The budget for fiscal year 2020-2021 reflects nearly $4.2M in annual operating expenditures; therefore, our target for liquid short term securities would be $2.1M.
The attached schedule Analysis of Treasury Investment Pool satisfies the State’s reporting requirements.
Additionally, we have determined:
The investments held at December 31, 2021 conform to the City Investment Policy adopted by Resolution 29-2014.
The composite yield of the City’s investment pool (US Bank and LAIF) to be the rate of .20% for the quarter ended December 31, 2021.
There are sufficient funds on deposit to meet all anticipated City expenditures for the period January 01, 2022 through June 30, 2022.
RECOMMENDED ACTION: Accept and File
Item 6B
9 City of Colfax Quarterly Investment Report – Quarter Ended 12/31/2021 Staff Report February 9, 2022
Historically, due to fluctuations in fund balances, investment opportunities outside the corporate checking and LAIF accounts have been somewhat limited. Staff will continue to review for opportunities, but at this time will continue with the current investment structure.
Attachments:
1. Analysis of Treasury Investment Pool
2. State of California – PMIA and LAIF Performance Report (QE 12/31/2021)
3. State of California – PMIA Average Monthly Effective Yields
4. Resolution 29-2014
Item 6B
10 City of Colfax
Analysis of Treasury Investment Pool
Quarterly Analysis - FY2021-2022
Report Date: 12/31/2021
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 8,013,368 $ 96% 0.21% Corporate Checking US Bank N/A $ 327,548 4% 0.16%
Total Investment Pool $ 8,340,916 100% 0.20%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 8,188,495 $ 97% 0.24% Corporate Checking US Bank N/A $ 232,046 3% 0.16%
Total Investment Pool $ 8,420,541 100% 0.24%
Quarter Ended 12/31/2021
Quarter Ended 09/30/2021
Item 6B
11 Item 6B
12 Item 6B
13 City of Colfax
City Council
Resolution NQ 29-2014
AFFIRMING ADMINISTRATIVE POLICIES AND PROCEDURES FOR FINANCIAL
MANAGEMENT, INVESTMENT AND WHISTLEBLOWERS
Whereas, the Colfax City Council has determined that the administrative policies for financial management, investment and whistleblowers are important to the smooth and consistent financial operations of the City; and,
Whereas, these policies have not been updated for several years; and Whereas, the annual independent audit recommended such policies be updated and in place; and,
Whereas, the Council has reviewed the attached policies, Now Therefore, Be It Resolved by the City Council of the City of Colfax that the administrative policies attached hereto are hereby affirmed.
Passed and Adopted this 8th day of October by the following vote:
Ayes:
Noes:
Absent:
ATTEST:
Douglass, Hesch, McKinney, Parnham
None
Barkle
Tony' sch, Mayor ~
Item 6B
14 CITY OF COLFAX
ADMINISTRATIVE POLICIES AND PROCEDURES
Subject:
Effective Date:
Resolution:
Investment Policy
October 8,2014
Resolution No. 29-2014
SCOPE AND AUTHORITY
The purpose of this policy is to establish a prudent and systematic Investment Policy, and to organize and formalize investment-related activities.
The City'S Investment Policy is authorized under the California Government Code, section 53600, et, seq.as it applies to the investment of public funds.
It is intended that this policy cover all funds and investment activities under the direct authority of the City of Colfax. Investments authorized by Fiscal Agents pursuant to bonded debt are controlled by the terms and conditions of the specific bond, and may not necessarily coincide with the Investment Policy outlined herein. Investments must conform to Government Code Section 53600.5 concerning safekeeping of purchased securities by financial advisers, fiscal agent, or consultants. Wherever practical, investments made by a Fiscal Agent on behalf of the City will be consistent with this Policy.
INVESTMENT OBJECTIVES
Safety - It is the primary duty and responsibility of the City Staff to protect, preserve and maintain cash and investments on behalf of the citizens of Colfax.
Liquidity - An adequate percentage of the City's investment portfolio should be maintained in liquid short-term securities which can be converted to cash if necessary to meet disbursement requirements. Since all cash requirements cannot be anticipated, investments in securities with active secondary or resale markets is highly recommended. Emphasis should be on marketable securities with low sensitivity to market risk.
Yield - Yield should become a consideration only after the basic requirements of safety and liquidity have been met.
A. The overall yield should be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City'S risk constraints, the cash flow characteristics of the portfolio, and State and local laws, ordinances or resolutions that restrict investments.
Public Trust - All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust.
1 Item 6B
15 Diversification - The investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
A. In a diversified portfolio it must be recognized that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.
Prudence - The City adheres to the "prudent person rule" which obligates a fiduciary to insure that: " .. .investments shall be made with the exercise of that degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be deri ved."
INVESTMENT STRATEGY
The most effective method of increasing investment yields without sacrificing safety is to extend the investment horizon commensurate with the City'S cash requirements. To that end, improved cash forecasting and management is the preferred investment strategy for the City.
A. Cash management activities include accurate cash projections, the expeditious collection of revenue, the control of disbursements, cost-effective banking relations, and a shortterm borrowing program, when needed, that coordinates working capital requirements and investment opportunity.
ALLOWABLE INVESTMENT INSTRUMENTS
The Government Code, Sections 53601, 53601.1 and 53635 shall govern the City's allowable investments, and the length of those investments, unless specifically limited by this policy.
Although the maximum maturity for any deposit or investment is five years, most investments should be for no longer than 2-3 years. All investments of City funds shall be made in accordance with California Government Code Sections 53601, et seq. and 53635 et seq., or in accordance with California Government Code 16429.1 authorizing investments into the State Local Agency Investment Fund (LAIF). Investments will be authorized by the City Manager, City Treasurer, Finance Director or Mayor only.
REPORTING REQUIRMENTS
City staff shall submit a qua11erly investment report to the City Council. The report must be submitted to the City Manager for the agenda within 30 days following the end of the month covered by the repo11, and is required under Government Code Section 53646. Such rep0l1 shall include at least the following information:
• Types of investments;
• Name of the institution in which funds are invested or deposited; • Date of maturity, if applicable;
• Par and dollar amount investment for all securities;
• Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF; • Rate of interest;
2 Item 6B
16 • A verage weighted yield of all investments;
• A statement relating the report to the City's Investment Policy; and • A statement that there are sufficient funds to meet the City's next six months' financial obligations.
Staff shall also submit the above information annually to the external auditors.
Periodic reports shall be prepared as required by circumstances or as directed by Council. Such circumstances include, but are not limited to, notification that any City investment may be in jeopardy or a sudden and significant drop in the current market value of any City investment.
INTERNAL CONTROLS AND GENERAL GUIDELINES
A system of internal control shall be implemented to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or impmdent actions by employees and officers of the City.
Controls deemed most important include:
• The control of collusion and separation of duties;
• Custodial safekeeping of funds invested or on deposit; • Minimizing the number of authorized Investment Officers; and • Written documentation of procedures and transactions.
In selecting financial institutions for the deposit or investment of City funds, the City shall consider the credit-worthiness of the institution. Such credit-worthiness shall be monitored on a regular basis throughout the period in which City funds are deposited or invested.
A. Any deposit or investment of funds shall be in writing, signed by the City and the authorized representative of the institution.
B. All transfers must be made by authorized personnel and properly logged and documented.
City staff shall encourage peer review of the City's investments and investment practices. In addition, the City's cash management and investment practices shall be included in any outside financial audit of the City.
An annual Cash Flow Forecast may be prepared by the City, and would be used to assist in the development of the annual operating budget for the City.
This Investment Policy shall be reviewed by the City Council on an annual basis as part of the budget process.
3 Item 6B
17 Minutes 1/26/2022
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation January 26, 2022 including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hoursprior to make arrangements for ensuring your accessibility.
City Council Minutes
Regular Meeting of Colfax City Council
Wednesday, January 26,2022
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 1A.
1B.
1C.
1D.
CLOSEDSESSION
Call Closed Session to Order
Mayor Burruss called the closed session to order at 5:05 PM.
Roll Call
Present: Lomen (via ZOOM), Ackerman, Fatula, Burruss
Mendoza arrived at 5:10 PM.
No public comment on Closed Session Item
Closed Session
(a) Public employee performance evaluation pursuant to Government Code Section 54947 Title: City Manager.
2 OPEN SESSION
2A. CallOpen Session to Order
Mayor Burruss called the open session to order at 6:02 pm.
No reportable action from Closed Session.
2B. Pledge of Allegiance
2C. Roll Call
Present: Councilmember Lomen (via ZOOM), Councilmember Ackerman, Councilmember Fatula, Mayor Pro Tem Mendoza, and Mayor Burruss.
2D. Approval of Agenda Order
MOTION made by Fatula and seconded by Ackerman, and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Mendoza, Burruss
NOES:
ABSTAIN:
ABSENT:
3 AGENCY REPORTS
3A. Placer County Sheriff Department – Sergeant Kevin Griffiths, Station Commander of the Colfax Station provided an update on the recent winter storm, working with OES and extreme conditions.
3B. Not Present
3C. Placer County Fire/CALFIRE – Captain Nolan Hale, the Department Captain of Station 30, and Career Captain overseeing Company 36, provided an update of recent events in the City. Mayor Burruss asked for clarification on the consequences for escaped burns. Cpt. Hale explained responsibility. Councilmember Fatula asked if there was an update on clearances of trees along the Union Pacific Lines. Cpt. Hale stated he would provide the information at a later date.
Item 6C
18 Minutes 1/26/2022
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation January 26, 2022 including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hoursprior to make arrangements for ensuring your accessibility. 3D. Chamber of Commerce - Tracy Brown, President spoke about events happening for business owners.
4 4A.
PRESENTATION
211 Presentation – Office of Emergency Services. Assistant Director Dave Atkinson spoke about the purpose of 211 and provided an update on the Winter Storm. Brandon Sanders with PG&E provided an update on the obstacles that PG&E faced during the winter storm event and the direction PG&E is headed. Via Facebook, Caroline McCully asked a question regarding hold times on 211.Assistant Director Atkinson explained that 211 was a shared system with Nevada County which took more of an impact from the storm than Placer County. Via Facebook, Tom Parnham asked if there is anything OES can do about lost cell phone service. Assistant Director Atkinson states they will be looking at this at the After-Action Review. Councilmember Fatula describes communication issues with loss of phone use. Assistant Director Atkinson states this is a Crisis Communication Annex and states he does not have a full report yet for the 211 statistics.
Mayor Pro Tem Mendoza asks for clarification on the Emergency State Funding. Assistant Director Atkinson states they need to submit an Initial Damage Assessment.
Holly Graham stated that she had a problem with 211 and getting to work during the storm.
Tim Dion spoke about utilizing the GSP business site as a future Emergency Usage Facility. 5 5A.
PUBLIC HEARING CDBG Contract 20-CDBG-CV-1-00002
1. Item was presented.
2. Open the Public Hearing
3. Lorie Adams, Principal of the Adams Ashby Group presents the CDBG Contract 20-CDBG-CV1-00002 grant.
4. Accept Public Testimony - Diane Greene asks how people were notified.
5. When applicable, Applicant rebuttal period (None)
6. Close Public Hearing (hearing was closed)
7. Council comments and questions. Mayor Burruss explains that it was a robust outreach attempt.
8. City Council Action.
MOTION made by Fatula to direct staff to submit required close out documents, seconded by Ackerman and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Mendoza, Burruss
NOES:
ABSTAIN:
ABSENT:
6 6A
CONSENT CALENDAR
Cash Summary-December 2021
Recommendation: Accept and File
6B. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 1-26-22 6C. Caltrans Sustainable Transportation Grant – Local Government Commission (LGC) Agreement
Recommendation: Authorize the City Manager to enter into an agreement with Local Government Commission to perform outreach and project administration for the Caltrans Sustainable Transportation Grant in an amount not to exceed $238,371. ***end of consent calendar***
Item 6C
19 Minutes 1/26/2022
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation January 26, 2022 including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hoursprior to make arrangements for ensuring your accessibility.
MOTION made by Fatula to approve the consent calendar excluding item 6C, and seconded by Ackerman and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Mendoza, Burruss
NOES:
ABSTAIN:
ABSENT:
City Manager Wes Heathcock explains the purpose of the Caltrans Sustainable Transportation Grant and introduces Josh Meyer, Director of Community Planning with the Local Government Commission; a Non-Profit based in Sacramento who explains the purpose of the grant.
Diane Greene asks about the process.
MOTION made by Fatula to approve item 6C, and is seconded by Ackerman and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Mendoza, Burruss
NOES:
ABSTAIN:
ABSENT:
7 PUBLIC COMMENT
Melinda Neely spoke about the dangers of cannabis use. Diane Greene also spoke in opposition of commercial cannabis use. Jim Dion requested the Commercial Cannabis for Adult Use be agendized to open dialogue. Tim Dion spoke in support of Cannabis Adult Use. Sgt. Griffiths stated PCSO is opposed to the Adult Use Cannabis. Cheryl Hammond spoke in opposition to the Adult Use Cannabis. Holly Graham thanked the City for snow plowing and inquired if they could secure services in the future. Mayor Burruss explains why it was plowed and states that it would have to be a contract and discussed in the future. Via Facebook, Lauren Spencer provided comment about the amount of snow she received. Via Facebook, Jen Domenick Hamelin offered thanks to Mayor Burruss, PG&E, Councilmembers and the community. Via Facebook Steve Harvey stated that a lot of trees will be cut down in the area. Via Facebook Caroline McCully states to bring back HAM radios. K. Parnham (Via ZOOM) commented on the plowing of streets and dangerous conditions.
8 COUNCIL AND STAFF
8A. A moment of silence was observed for Kelly Ladner. A moment of silence was observed for AJ Nunez, the Finance Director for the Placer County Air Pollution Control District.
Mayor Burruss spoke about a tax measure with PCTPA.
8B. None
9 COUNCIL BUSINESS
9A. Placer Mosquito and Vector control District (PMVCD) Committee Assignment Will Stockwin made a presentation about his representation of Colfax on the PMVCD. Council discussed his appointment and the objections to his appointments.
Tom Parnham via Facebook stated he supports Stockwin being the representative.
Karrie Taylor via ZOOM states she supports Councilmember Lomen and requests for a new member to replace Stockwin.
Item 6C
20 Minutes 1/26/2022
Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation January 26, 2022 including auxiliary aids or services to participating in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hoursprior to make arrangements for ensuring your accessibility.
MOTION made by Ackerman to appoint Stockwin as the Representative, seconded by Mendoza and approved by the following vote:
AYES: Ackerman, Mendoza, Burruss
NOES: Lomen, Fatula
ABSTAIN:
ABSENT:
MOTION made by Burruss to appoint Councilmember Ackerman as the alternate for the PMVCD, seconded by Mendoza, and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Mendoza, Burruss
NOES:
ABSTAIN:
ABSENT:
10 GOOD OF THE ORDER
Councilmember Fatula discusses invoicing private properties for plowing services. Mayor Burruss will entertain sending a bill ticket. Councilmember Fatula discusses safety issues with visitors during the snow storm. Councilmember Ackerman proposes putting discussion of Commercial Adult Use Cannabis onto the agenda and asks if the emergency collective actions be discussed during the February 23rd meeting. Mayor Burruss will hear discussion for Medical Use vs Adult Use Cannabis.Councilmember Mendoza discusses Community Emergency Response Teams.
Mayor Burruss discusses placing consent items onto the beginning of the agenda and having mixed use teleconference council meetings. She also proposed creating a Council Policy Subcommittee consisting of Councilmember Fatula and herself. 11 ADJOURNMENT
As there was no further business on the agenda, Mayor Burruss adjourned the meeting, by motion and without objection at 8:12 pm. Respectfully submitted to City Council this 9th day of February, 2022.
Marguerite Bailey, City Clerk
Item 6C
21 City of Colfax Contract Award for Lift Station 5 Force Main Improvement Staff Report February 09, 2022 Project - Lorang Brothers Construction, Inc.
Staff Report to City Council
FOR THE FEBRUARY 09, 2022 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Carl Moore, City Engineer
Contract Award for Lift Station 5 Force Main Improvement Project - Lorang Budget Impact Overview: Brothers Construction, Inc.
N/A: Funded: √ Un-funded: Amount: $516,925 Fund(s): 564 and 202 Summary/Background
On August 26, 2020, the City Council adopted Resolution 51-2020 authorizing the City Manager to enter into a Consultant Services Agreement with GHD Inc. for the engineering design and investigation services for Lift Station #5 Force Main Improvements in the amount of $50,051.
On March 26, 2021, The Central Valley Regional Water Quality Board (Board) executed Order R5-2020-0507 which included a proposed fine of $49,845. The City negotiated with the Regional Board to allow the City to use a portion of the fine for a construction project to reduce the potential for a future violation. On January 11, 2022, the City was notified by the Board that the Enhanced Compliance Action (ECA) completion date will be extended to August 1, 2022. The City paid the required portion of the Board fine in the amount $14,119 last fiscal year. This project will satisfy the balance of the fine ($35,726).
On October 27, 2021, the City Council adopted Resolution 53-2021 accepting the design and specifications, prepared by GHD Inc., and authorizing the City Manager to solicit bids for the construction of the Lift Station 5 Force Main Improvement Project. The Request for Bids was released December 15, 2021, and advertised through the Auburn Journal, the City’s website, and CIPList.com website. Bid responses were due January 4, 2022, and extended to January 11, 2022, due to exigent circumstances. The City received two (2) bids for the construction of the project. Staff reviewed the bids and determined that the bidders were responsible and submitted responsive bids. The City received the following bids, with Lorang Brothers Construction, Inc. determined to be the lowest responsible and responsive bidder in the amount of $449,500. The Engineer’s estimate was $336,900 including a 20% contingency. The cost difference between the Engineer’s Construction Estimate and Bid Amounts is due, in part, to difficulty in securing construction equipment and material cost related to the current pandemic and nationwide inflation.
RECOMMENDED ACTION: Adopt Resolution __-2022 authorizing the City Manager to award a construction contract to Lorang Brothers Construction, Inc. in the amount of $449,500 with a 15% contingency in an amount not to exceed $516,925 for the Lift Station 5 Force Main Improvement Project.
Item 6D
22 City of Colfax Contract Award for Lift Station 5 Force Main Improvement Staff Report February 09, 2022 Project - Lorang Brothers Construction, Inc.
On July 14, 2021, the City Council adopted Resolution 36-2021 authorizing the City Manager to enter into a 3- year contract with Bureau Veritas for Building Inspection Services on an as needed bases not to exceed $355,453. The City Manager will authorize a task order under this contract to provide Inspection services in the amount not to exceed $8,000.
Final estimates for Engineering and Design costs include an additional $7,500 for GHD’s time to process submittals and RFI’s and miscellaneous administrative costs such as bid notification costs.
Fiscal Impact
This project is funded from Fund 564 – Sewer Connection Fees and Fund 202 - ARPA (American Rescue Plan Act). The estimated final costs/budget for the Lift Station 5 Force Main Improvement Project are outlined in the chart below:
The $516,925 for Construction is for the Lorang Brothers Construction contract ($449,500) and includes a 15% contingency in the amount of $67,425.
Staff is recommending Council authorize the City Manager to award a construction contract to Lorang Brothers Construction, Inc. based on their cost proposal and authorize the City Manager to execute change orders up to the total budgeted amount for the project.
Attachments:
1. Resolution 36-2021
2. Resolution 53-2021
3. Resolution __-2022
4. Lorang Brothers, Inc. Construction Contract
Item 6D
23 Item 6D
24 Item 6D
25 _________________________________________________________________________________________ City of Colfax Contract Award for Lift Station 5 Force Main Improvement Resolution __-2022 Project - Lorang Brothers Constuction, Inc.
City of Colfax
City Council
Resolution № __ - 2022
AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT TO LORANG BROTHERS CONSTRUCTION, INC. IN THE AMOUNT OF $449,500 WITH A 15% CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $516,925 FOR THE LIFT STATION 5 FORCE MAIN
IMPROVEMENT PROJECT
WHEREAS, The City Council adopted Resolution 53-2021 authorizing bidding on October 27, 2021 with the project being advertised through the Auburn Journal, the City’s website, and CIPList.com website; and, WHEREAS, The Request for Bids was released December 15,2021 with Bid Responses due January 11, 2022; and,
WHEREAS, on January 11, 2022, the City received two (2) bids where Lorang Brothers Construction, Inc. was determined to be the lowest responsible and responsive bidder in the amount of $449,500; and, WHEREAS, Staff is recommending Council authorize the City Manager to award a construction contract to Lorang Brothers Construction, Inc. based on their cost proposal and authorize the City Manager to execute change orders up to the total budgeted amount for the project; and, NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the City Manager to award a construction contract to Lorang Brothers Construction, Inc. in the amount of $449,500 with a 15% contingency for a total amount not to exceed $516,925 for construction of the Lift Station 5 Force Main Improvement Project.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 9 th of February 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 6D
26 AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT is made and entered into on this 09th day of February, 2022 by and between the City of Colfax, a municipal corporation of the State of California (“City”) and Lorang Brothers Construction, Inc. (“Contractor”.)
RECITALS
A. The City desires to retain Contractor to provide the Services set forth in detail in Exhibit A hereto (the “Services”) subject to the terms and conditions of this Agreement.
B. Contractor is duly licensed and sufficiently experienced to undertake and perform the Services in a skilled and workmanlike manner and desires to do so in accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Contractor agree as follows:
Section 1. Services.
Subject to the terms and conditions set forth in this Agreement, Contractor shall furnish and perform all of the Services described in detail in Exhibit A hereto and incorporated herein by this reference (the “Services”) to the satisfaction of the City. Contractor shall not perform any work exceeding the scope of the Services described in Exhibit A without prior written authorization from the City.
Section 2. Time of Completion.
Contractor’s schedule for performance of the Services is set forth in Exhibit A hereto which is incorporated herein by this reference. Contractor shall commence performance of the Services promptly upon receipt of written notice from the City to proceed. Performance of the Services shall progress and conclude in accordance with the schedule set forth in Exhibit A. During the performance of the Services, Contractor shall provide the City with written progress reports at least once each month and at such additional intervals as City may from time to time request.
Section 3. Compensation.
A. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement or its exhibits, Contractor shall invoice City once each month for the Services performed during the preceding month. Such invoices shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business but shall include at least (i) the date of performance of each of the Services, (ii) identification of the person who performed the Services, (iii) a detailed description of the Services performed on each date, (iv) the hourly rate at which the Services on each date are charged, (v) an itemization of all costs incurred and (vi) the total charges for the Services for the month invoiced. As long as the Contractor performs the Services to the satisfaction of the City, the City shall pay the Contractor an all inclusive compensation that shall not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change Item 6D
27 order issued pursuant to Section 15 of this Agreement before the Services requiring additional compensation are performed. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City’s staff.
B. The Contractor's compensation for the Services shall be full compensation for all indirect and direct personnel, materials, supplies, equipment and services incurred by the Contractor and used in carrying out or completing the Services. Payments shall be in accordance with the payment schedule established in Exhibit A or elsewhere in this Agreement or its exhibits.
C. The City shall have the right to receive, upon request, documentation substantiating charges billed to the City pursuant to this Agreement. The City shall have the right to perform an audit of the Contractor's relevant records pertaining to the charges.
D. Any Services performed more than sixty (60) days prior to the date upon which they are invoiced to the City shall not be compensable.
Section 4. Professional Ability; Standard of Quality.
City has relied upon the professional training and ability of Contractor to perform the Services described in Exhibit A as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all Services under this Agreement. All Services performed by Contractor under this Agreement shall be in a skillful, workmanlike manner in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor’s field of expertise.
Section 5. Indemnification.
Contractor shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, agents and employees from and against any and all claims, demands, damages, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor and/or its agents in the performance of the Services. This indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or material defects in design by the City or its agents, servants employees or independent contractors other than Contractor who are directly responsible to the City, or arising from the active negligence of the City officers, agents, employees or volunteers
Section 6. Insurance.
Without limiting Contractor’s indemnification obligations provided for above, Contractor shall take out before beginning performance of the Services and maintain at all times during the life of this Agreement the following policies of insurance with insurers possessing a Best rating of not less than A. Contractor shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the Contractor has also been obtained by the subcontractor.
Item 6D
28 A. Workers’ Compensation Coverage. Statutory Workers’ Compensation insurance and Employer’s Liability Insurance to cover its employees. In the alternative, Contractor may rely on a self-insurance program to meet its legal requirements as long as the program of selfinsurance complies fully with the provisions of the California Labor Code. Contractorshall also require all subcontractors, if such are authorized by the City, to similarly provide Workers’ Compensation insurance as required by the Labor Code of the State of California for all of the subcontractor’s employees. All Workers’ Compensation policies shall be endorsed with the provision that the insurance shall not be suspended, voided, or cancelled until thirty (30) days prior written notice has been provided to City by the insurer. The Workers’ Compensation insurance shall also contain a provision whereby the insurance company agrees to waive all rights of subrogation against the City and its elected or appointed officials, officers, agents, and employees for losses paid under the terms of such policy which arise from the Services performed by the insured for the City.
B. General Liability Coverage. General liability insurance, including personal injury and property damage insurance for all activities of the Contractor and its subcontractors, if such are authorized by the City, arising out of or in connection with the Services. The insurance shall be written on a comprehensive general liability form and include a broad form comprehensive general liability endorsement. In the alternative, the City will accept, in satisfaction of these requirements, commercial general liability coverage which is equivalent to the comprehensive general liability form and a broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1 million combined single limit personal injury and property damage for each occurrence. The insurance shall be occurrence based insurance.
General liability coverage written on a claims made basis shall not be acceptable absent prior written authorization from the City.
C. Automobile Liability Coverage. Automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than $1 million combined single limit for each occurrence.
D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:
1. The City, and its elected or appointed officials, employees and agents shall be named as insureds or additional insureds with regard to damages and defenses of claims arising from activities performed by or on behalf of the Contractor.
2. The insurance afforded by each policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limits of liability.
3. The insurance shall be primary insurance as respects the City and its elected or appointed officers, officials, employees and agents. Any other insurance maintained by the City or its elected or appointed officers, officials, employees, agents or volunteers shall be in excess of this insurance and shall not contribute with it.
Item 6D
29 4. The insurance shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to the City.
5. Any failure to comply with the reporting requirements of any policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents.
E. Professional Liability Coverage. If required by the City, Contractor shall also take out and maintain professional liability, errors and omissions insurance in an amount not less than $1 million. The professional liability insurance policy shall be endorsed with a provision stating that it shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days written notice has been provided to the City.
F. Insurance Certificates and Endorsements. Prior to commencing the Services under this Agreement, Contractor shall submit to the City documentation evidencing the required insurance signed by the insurance agent and the companies named. This documentation shall be on forms which are acceptable to the City and shall include all required endorsements and verify that coverage is actually in effect. This Agreement shall not be effective until the required insurance forms and endorsements are submitted to and approved by the City. Failure to provide these forms within the time period specified by City may result in the award of this Agreement to another Contractorshould the City, in its sole discretion, decide to do so. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.
H. Termination of Insurance. If the City receives notification that Contractor’s insurance will be suspended, voided, cancelled or reduced in coverage or in limits, and if the Contractor does not provide for either the reinstatement of that insurance or for the furnishing of alternate insurance containing all of the terms and provisions specified above prior to the termination of that insurance, City may either terminate this Agreement for that breach, or City may secure the required insurance to satisfy the conditions of this Agreement and deduct the cost thereof from compensation which would otherwise be due and payable to the Contractor for Services rendered under the terms of this Agreement.
Section 7. Subcontracts.
Contractor may not subcontract any portion of the Services without the written authorization of City.
If City consents to a subcontract, Contractor shall be fully responsible to the City and third parties for all acts or omissions of the subcontractor to which the Services or any portion thereof are subcontracted. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor, nor shall it create any obligation on the part of the City to pay or cause the payment of any monies due to any such subcontractor except as otherwise is required by law.
Section 8. Assignment.
Item 6D
30 Contractor shall not assign any right or obligation under this Agreement without the City’s prior written consent. Any attempted assignment of any right or obligation under this Agreement without the City’s prior written consent shall be void.
Section 9. Entire Agreement.
This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
Section 10. Jurisdiction.
This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction over any litigation arising from this Agreement shall be in the Superior Court of the State of California with venue in Placer County, California.
Section 11. Suspension of Services.
Upon written request by Contractor, City may suspend, in writing, all or any portion of the Services if unforeseen circumstances beyond the control of the City and Contractor make normal progress of the Services impossible, impractical or infeasible. Upon written City approval to suspend performance of the Services, the time for completion of the Services shall be extended by the number of days performance of the Services is suspended.
Section 12. Termination of Services.
City may at any time, at its sole discretion, terminate all or any portion of the Services and this Agreement upon seven (7) days written notice to Contractor. Upon receipt of notice of termination, Contractor shall stop performance of the Services at the stage directed by City. Contractor shall be entitled to payment within thirty (30) days for Services performed up to the date of receipt of the written notice of termination. Contractor shall not be entitled to payment for any Services performed after the receipt of the notice of termination unless such payment is authorized in advance in writing by the City.
Should Contractor fail to perform any of the obligations required of Contractor within the time and in the manner provided for under the terms of this Agreement, or should Contractor violate any of the terms and conditions of this Agreement, City may terminate this Agreement by providing Contractor with seven (7) days written notice of such termination. The Contractor shall be compensated for all Services performed prior to the date of receipt of the notice of termination. However, the City may deduct from the compensation which may be owed to Contractor the amount of damage sustained or estimated by City resulting from Contractor’s breach of this Agreement.
Contractor’s obligations pursuant to Sections 5 and 6 of this Agreement shall survive termination, and continue in effect for as long as necessary to fulfill the purposes of Sections 5 and 6.
Item 6D
31 Section 13. Independent Contractor.
Contractor shall in all respects be an independent contractor and not an agent or employee of City.
Contractor has and shall retain the right to exercise full control and supervision of the means and methods of performing the Services. Contractor shall receive no premium or enhanced pay for Services normally understood as overtime; nor shall Contractor receive holiday pay, sick leave, administrative leave or pay for any other time not actually expended in the performance of the Services. It is intended by the parties that Contractorshall not be eligible for benefits and shall receive no compensation from the City, except as expressly set forth in this Agreement. Contractor shall submit completed W-9 and Report of Independent Contractor forms upon execution of this Agreement and prior to the payment of any compensation hereunder.
Section 14. Ownership of Documents.
Within thirty (30) days after the Contractor substantially completes performance of the Services, or within thirty (30) days after the termination of this Agreement, the Contractor shall deliver to the City all files, records, materials and documents drafted or prepared by Contractor's in the performance of the Services. It is expressly understood and agreed that all such files, records, materials and documents are the property of the City and not the property of the Contractor. All finished and unfinished reports, plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents in the course of performing the Services shall become the sole property of the City upon payment to Contractor for the Services, and the City shall have the exclusive right to use such materials in its sole discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports, plans, studies, documents and writings to City or any party the City may designate, upon written request. Contractor may keep file copies of all documents prepared for City. Use of any such documents by the City for projects that are not the subject of this Agreement or for purposes beyond the scope of the Services shall be at the City’s sole risk without legal liability or expense to Contractor.
Section 15. Changes and/or Extra Work.
Only the City Council may authorize extra and/or changed Services, modification of the time of completion of the Services, or additional compensation for the tasks to be performed by Contractor.
Contractor expressly recognizes that other City personnel are without authorization to order extra and/or changed Services or to obligate the City to the payment of additional compensation. The failure of Contractor to secure the prior written authorization for such extra and/or changed Services shall constitute a waiver of any and all right to adjustment in the contract price due to such unauthorized Services, and Contractor thereafter shall not be entitled to any compensation whatsoever for the performance of such extra or changed Services. In the event Contractor and City agree that extra and/or changed Services are required, or that additional compensation shall be awarded to Contractor for performance of the Services under this Agreement, a supplemental agreement providing for such compensation shall be prepared and shall be executed by the Contractor and the necessary City officials before the extra and/or changed Services are provided.
Section 16. Compliance with Federal, State and Local Laws.
Item 6D
32 Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations affecting the Services, including without limitation laws requiring licensing and prohibiting discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. City shall not be responsible or liable for Contractor’s failure to comply with applicable laws, statutes, ordinances, rules or regulations.
Section 17. Retention of Records.
Contractor and any subcontractors authorized by the terms of this Agreement shall keep and maintain full and complete documentation and accounting records, employees’ time sheets, and correspondence pertaining to the Services, and Contractor shall make such documents available for review and/or audit by City and City’s representatives at all reasonable times during performance of the Services and for at least four (4) years after completion of the Services and/or termination of this Agreement.
Section 18. Alternative Dispute Resolution
A. Before resorting to mediation, arbitration or other legal process, the primary contacts of the parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 15 days after provision of that written notice by the party desiring to meet and confer, the primary contacts for each party shall meet in person and attempt to amicably resolve their dispute.
Each primary contact, or the person acting in their absence with full authority to resolve the dispute, shall attend the meeting and shall be prepared to devote an entire day thereto. If any dispute remains unresolved at the end of the meeting, any party to this Agreement shall have the right to invoke the mediation process provided for in the subparagraph B below.
B. Subject to the provisions of subparagraph A, any dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation, before a mutually acceptable, neutral retired judge or justice at the Sacramento Office of the Judicial Arbitration and Mediation Service (“JAMS”). If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at the Sacramento office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the parties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed.
C. If mediation is unsuccessful, before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties agree to submit selection of an arbitrator to the mediator, whose decision shall be binding on the parties. In that case, the mediator shall Item 6D
33 select a neutral arbitrator from the then active list of retired judges or justices at the Sacramento Office of the JAMS. The arbitration shall be conducted pursuant to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. In such case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement.
D. This section 18 shall survive the termination or expiration of this Agreement. If there is no Sacramento office of JAMS, then the office of JAMS closest to the City shall be used instead of a Sacramento office.
Section 19. Severability.
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by an arbitrator or by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual written consent of the parties.
Section 20. Entire Agreement; Amendment.
This Agreement, including all exhibits hereto, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. This Agreement may be amended or extended from time to time only by written agreement of the parties hereto.
Section 21. Time of the Essence.
Time is of the essence in the performance of the Services. The Contractor will perform its Services with due and reasonable diligence consistent with sound professional practices and shall devote such time to the performance of the Services as may be necessary for their timely completion.
Section 22. Written Notification.
Except as otherwise specified in this Agreement, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by first class mail, postage prepaid and addressed as follows.
Either party may change its address by notifying the other party in writing of the change of address.
Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this Section.
If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
If to Contractor: Lorang Brothers Construction, Inc.
1175 S. Auburn St.
Colfax, CA 95713
Item 6D
34 Section 23. Execution.
This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 24. Successors. This Agreement shall be binding on and inure to the benefit of the respective parties hereto except to the extent of any contrary provision in this Agreement.
Section 25. Attorney’s Fees. If any party to this Agreement commences legal proceedings to enforce any of its terms or to recover damages for its breach, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and the expenses of expert witnesses, including any such fees costs and expenses incurred on appeal.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written:
CITY CONTRACTOR
Signature Signature
Printed Name Printed Name
Title Title
Date Date
APPROVED AS TO FORM:
City Attorney
Item 6D
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58 City of Colfax Shadow Wood Place Subdivision – Release of Maintenance Staff Report February 09, 2022 Bond
Staff Report to City Council
FOR THE February 09, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Carl Moore, City Engineer
Subject: Shadow Wood Place Subdivision – Release of Maintenance Bond Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
On June 12, 2019, the City Council adopted Resolution 18-2019 approving the Planned Unit Development Permit and Design Review of the Shadow Wood Place Development Project located off of Kneeland Street between Depot Street and Grass Valley Street. The developer of the project has installed the improvements as per the Conditions of Approval, and on December 21, 2020 all improvements were deemed to be complete and installed per City standards.
On January 27, 2021, the City Council adopted Resolution No. 09-2021 approving the Notice of Completion.
Per the City’s Municipal Code, Section 16.48.040 – Acceptance of the Work, the developer provided a Maintenance Bond in the amount of 10% of the installed improvements required for a one-year period following the Notice of Completion.
On December 21, 2021, the City Engineer, City Planner, and Public Works Director walked the project site and determined the portion of work within the City right-of-way is in acceptable condition and does not require any maintenance.
Staff recommends that the City Council adopt a Resolution authorizing the City Manager to release the Maintenance Bond for the Shadow Wood Place Subdivision Improvements.
Fiscal Impacts
None.
Attachments:
1. Resolution 09-2021
2. Resolution __- 2022
RECOMMENDED ACTION: Adopt Resolution __ - 2022 authorizing the City Manager to release the Maintenance Bond for the Shadow Wood Place Subdivision Improvements Item 6E
59 Item 6E
60 _________________________________________________________________________________________ City of Colfax Release the Shadow Wood Place Subdivision Improvements Resolution __-2022 Maintenance Bond
City of Colfax
City Council
Resolution № __-2022
RELEASE THE SHADOW WOOD PLACE SUBDIVISION IMPROVEMENTS MAINTENANCE BOND WHEREAS, On June 12, 2019 the City Council approved Resolution 18-2019 approving the Planned Unit Development Permit and Design Review of the Shadow Wood Place Development Project, which is located off of Kneeland Street between Grass Valley Street and Depot Street; and, WHEREAS, the developer of the project has installed the improvements as per the approved Conditions of Approval, and on December 21, 2020 all improvements were deemed to be complete and installed per City standards; and,
WHEREAS, On January 27, 2021 the City Council approved Resolution 09-2021 accepting the Shadow Wood Place Subdivision Improvements as Complete and authorized the recording of the Notice of Completion; and,
WHEREAS, Section 16.48.040 of the Municipal Code requires that security for a one-year period in the amount of 10% of the improvements be provided at the time of Notice of Completion, which the developer has provided.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax, hereby accepts the Shadow Wood Place Subdivision Improvements in acceptable condition and authorizes the release of the maintenance bond.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 9th of February 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 6E 61
City of Colfax Council Policy Ad hoc Committee
Staff Report February 9, 2022
Staff Report to City Council
FOR THE FEBRUARY 9, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Council Policy Ad hoc Committee
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
During the City Council Meeting of January 26,2022, the formation of a Council Policy Ad hoc Committee was proposed, and to include members of the Council, Mayor Burruss and Councilmember Fatula.
The Council Policy Ad hoc Committee is necessary to formulate a process to ensure that councilmembers protocols are established in an effort to enhance the overall engagement methodology for council and the community alike.
Staff is requesting Council appoint Mayor Burruss and Councilmember Fatula to the Council Policy Ad hoc Committee with the goal of streamlining the overall engagement process.
Fiscal Impact:
N/A
Attachments:
1. N/A
RECOMMENDED ACTION: Appoint Mayor Burruss and Councilmember Fatula to the Council Policy Ad hoc Committee.
Item 6F
62 City of Colfax Adult Use Cannabis
Staff Report February 9, 2022
Staff Report to City Council
FOR THE FEBRUARY 9, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred “Mick” Cabral, City Attorney
Subject: Adult Use Cannabis
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The policy issue before the Council is whether the Council is willing to expand the scope of permissible cannabis licenses to include and authorize adult use cannabis retail sales within the City. This matter was placed on the agenda at the direction of Council given at the January 26, 2022 meeting.
Ordinance 542 adopted July 8, 2020 and codified in Colfax Municipal Code Chapter 5.32 is the primary cannabis regulatory scheme in Colfax. Ordinance 542 conditionally allows commercial cannabis cultivation, distribution, manufacturing, microbusiness and testing licenses to be issued within Retail Commercial (C-R), Highway Commercial (C-H), Light Industrial (I-L) and Heavy Industrial (I-H) zones within Colfax. Commercial retail cannabis licenses are limited to one medicinal retail establishment. At Council direction, that license was issued to Golden State Patient Care, LLC.
Ordinance 542 was premised upon the following direction unanimously issued from Council to staff on February 13, 2019: “(1) Staff shall resume the commercial cannabis application process by accepting one application for a medicinal cannabis permit and no others without further direction from the Council. (2) Golden State Patient Care shall be allowed to submit the only application for a medicinal cannabis permit at this time. (3) Since there will be only one application, staff will implement only Phase 1 of the required application process. If Golden State Patient Care successfully qualifies during the application process, its annual permit shall be submitted to the Council for approval. (4) Any medicinal cannabis permit issued to Golden State Patient Care shall expire one year after it is issued, unless it is renewed or revoked as allowed by Colfax Municipal Code Chapter 5.32, shall be for medicinal cannabis only, and shall be valid only for Golden State Patient Care’s current location. (5) Golden State Patient Care’s temporary business license shall remain valid until it is issued, or fails to qualify for, a medicinal cannabis license under Colfax Municipal Code Chapter 5.32, whichever is earlier.”
The direction from Council was incorporated into Resolution 31-2019 on July 24, 2019 as follows: “The City Manager is authorized to issue one Commercial Cannabis Retail Type-M license to Golden State Patient Care on the following conditions:
(1) the license issued shall be valid for 1-year from the date of issuance; (2) the City Council reserves the right to renew or decline to renew the license at any time; (3) the licensee shall at all times comply with Colfax Municipal Code Chapter 5.32, Colfax Resolution 12-2018, and all applicable state and local laws, rules, regulations and ordinances that pertain to commercial cannabis activities, and all conditions imposed on the issued license; and (4) the permittee shall pay all required fees prior to issuance of the license authorized by this Resolution.” At the time, Golden State Patient Care asked the Council and staff to expand the permissible scope of commercial cannabis activities and consider issuing a microbusiness cannabis license. Council declined to do so. Since that time, Golden State Patient Care has asked to expand the scope of its business license to include adult use cannabis sales. Staff does not have authority to issue an adult use cannabis license without further specific action by the City Council.
RECOMMENDED ACTION: Discuss whether to expand the scope of permissible cannabis licenses to include and authorize adult use cannabis retail sales in Colfax and provide direction to staff.
Item 9A 63
City of Colfax Adult Use Cannabis
Staff Report February 9, 2022
Cannabis is still a Schedule 1 controlled substance and is illegal under federal law even though it is legal under California law. The federal Rohrbacher-Farr amendment, which remains effective, prohibits the federal government from spending federal money to interfere with the implementation of state medical cannabis laws.
It is unclear whether and, if so, how federal law will be enforced against local cannabis establishments, if at all.
Fiscal Impacts
Adult use cannabis sales are anticipated to generate an unspecified amount of sales tax.
Council policy is that the cost of administering the cannabis permit application process and the cost of annual cannabis business regulation shall be paid by the applicants and licensees and shall not be a financial burden to the City.
Item 9A
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