Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
August 24, 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
August 24, 2022
Regular Session: 6:00 PM
This Regular Meeting of the City Council is being held pursuant to Government Code Section 54953(e) which authorizes meetings to be held by teleconference. The Governor’s proclaimed state of emergency remains in effect and the City Council has made or will make the legal findings necessary to hold meetings by teleconference.
You may access the meeting and address the Council by any of the following means:
ZOOM at
https://us02web.zoom.us/j/88976629291
Dial in by calling one of the numbers listed below and enter the Webinar ID:
889 7662 9291
1 (669) 900-6833 1 (346) 248-7799 1 (312) 626-6799
1 (929) 205-6099 1 (253) 215-8782 1 (301) 715-8592
Facebook Live on our City of Colfax page: City of Colfax, California. You may also submit written comments to the City Clerk via email at city.clerk@colfaxca.gov, via regular mail to P.O. Box 702, Colfax CA 95713, or by dropping them off at City Hall, 33 S. Main Street, Colfax CA 95713. Comments received will be submitted to Council and made a part of the record.
1 CLOSED SESSION (No Closed Session)
2 OPEN SESSION
2A. Call Open Session to Order
2B. Report from Closed Session
2C. Pledge of Allegiance
2D. Roll Call
2E. Approval of Agenda Order
Thisisthe time for changesto 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. 1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
August 24, 2022
3 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
3A. On-Call Professional Services Agreement – Simpson and Simpson Inc. (Pages 4-16) Recommendation: Adopt Resolution __-2022 authorizing the City Manager to enter into an OnCall Professional Services Agreement with Simpson and Simpson Inc. for one year, starting FY 2022-23, with the option to renew for a second year for a total not to exceed amount of $200,000. 3B. Cash Summary – July 2022 (Pages 17-24)
Recommendation: Accept and File.
3C. Minutes (Pages 25-27)
Recommendation: By Motion, approve the Colfax City Council minutes of 08/10/2022. 3D. Ordinance Amending Colfax Municipal Code Section 17.112.180 I 4 Regulating Time Limit for Posting Election Campaign Signs (Pages 28-32)
Recommendation: Waive the second reading and adopt Ordinance 548, an Ordinance of the City of Colfax Amending Colfax Municipal Code Section 17.112.180 I 4 Regulating Time Limits for Posting Election Campaign Signs.
*** End of Consent Calendar ***
4 AGENCY REPORTS
4A. Placer County Sheriff Department
4B. CHP
4C. Placer County Fire Department/CALFIRE
4D. Non-Profits
5 PRESENTATION
5A. 2022 Annual Mosquito and Vector Update (Pages 33-44) Presentation by Jake Hartle, Assistant Manager of the Placer Mosquito and Vector Control District
6 PUBLIC HEARING (No Public Hearing)
7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed three (3) minutes per speaker. Written comments should not exceed 500 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of three (3) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.
2 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
August 24, 2022
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. 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 InformationalItems – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS
9A. Ordinance Amending Colfax Municipal Code Section 10.16.080 By Adding Subsection
10.16.080 To Authorize Restricting Or Prohibiting Parking On Narrow Streets. (Pages 45-49) Recommendation: Introduce the proposed ordinance by title only, waive the first reading and schedule the proposed ordinance for a second reading, public hearing and adoption at the next regular City Council meeting currently scheduled for September 14, 2022, to be effective 30 days after adoption.
10 GOOD OF THE ORDER
Informal statements, observation reports and inquiries regarding the business of the City may be presented by Councilmembers under this agenda item or requests for placement of items of interest on a future agenda. No action will be taken.
11 ADJOURNMENT
3 Staff Report to City Council
FOR THE AUGUST 24, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Martin Jones, Public Works Director
Subject: On-Call Professional Services Agreement – Simpson and Simpson Inc.
Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $200,000 Fund(s): 250 Summary/Background
From time to time the City has larger asphalt, concrete or pipe projects that require specialized services that are outside the scope of the City’s Public Works Departments experience and training. Simpson and Simpson Inc., a local, full service contractor has the required experience and equipment to provide an expedient solution for projects outside the expertise of the City’s Public Works Department.
Simpson and Simpson Inc. has provided service on City projects in the past at reasonable cost. Some projects they’ve worked on include: Culver St., Quinn’s Ln. drain, Railroad St. to Church St access road, sewer lateral installation, and most recently the roundabout curb repair. Simpson and Simpson Inc. is also the on-call asphalt repair contractor for PCWA and comes highly recommended.
Budget Impacts
The funding was approved during the 2-year budget adoption process at a $100,000 budgeted annually in the Streets and Roads Fund 250 under the Professional Services 5660. The cost for the two year on-call services agreement is a not to exceed amount of $200,000.
Attachments:
1. Resolution__-2022
2. Simpson and Simpson Agreement
3. Scope of Work and Costs (Exhibit A)
City of Colfax On-Call Professional Services AgreementStaff Report August 24, 2022 Simpson and Simpson Inc.
RECOMMENDED ACTION: Adopt Resolution __-2022 authorizing the City Manager to enter into an On-Call Professional Services Agreement with Simpson and Simpson Inc. for one year, starting FY 2022- 23, with the option to renew for a second year for a total not to exceed amount of $200,000. 3A 4
_________________________________________________________________________________________ City of Colfax On-Call Professional Services Agreement
Resolution __-2022 Simpson & Simpson Inc.
City of Colfax
City Council
Resolution № __-2022
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH SIMPSON & SIMPSON INC. FOR ONE YEAR, STARTING FY 2022-23, WITH THE OPTION TO RENEW FOR A SECOND YEAR FOR A TOTAL NOT TO EXCEED AMOUNT OF $200,000
WHEREAS, the city desires to retain the services of a contractor for the purpose of on-call infrastructure improvement services; and,
WHEREAS, the contractor, Simpson & Simpson Inc. is duly licensed and sufficiently experienced to undertake and perform the services in a skilled and professional manner; and, WHEREAS, the agreement is for one year starting FY 2022-23 with the option to renew for a second year for a total not to exceed amount of $200,000; and, WHEREAS, the funding was approved during the 2-year budget adoption process at a $100,000 budgeted annually in the Streets and Roads Fund 250.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the City Manager to enter into an On-Call Professional Services Agreement with Simpson & Simpson Inc. for one year, starting FY 2022-23 with the option to renew for a second year for a total not to exceed $200,000.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 24th day of August 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
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5 AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT is made and entered into on this 25
th day of August, 2022 by and
between the City of Colfax, a municipal corporation of the State of California (“City”) and Simpson & Simpson, 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 will be “On-Call” for one year, with the option to renew for a second year, 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 3A6
not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change 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.
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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. Contractor shall 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 3A8
shall be in excess of this insurance and shall not contribute with it.
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 Contractor should 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. 3A9
Section 8. Assignment.
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.
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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.
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 Contractor shall 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 3A11
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.
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.
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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 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
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If to Contractor: Simpson & Simpson
10001 Ophir Road
Newcastle, CA 95658
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
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Attachment 3
Exhibit A
Simpson & Simpson Inc. On-Call Services Rate Sheet for City of Colfax 2022 Contract Price Description – The City will pay the Contractor the contracted price for completion of the service in accordance with the contracted documents Paving/Patching
Chip/Slurry Sealing
Adjusting Covers
Item Description 1 – 100 sq/ft 101 – 300 sq/ft Greater than 300 sq/ft 1 2” AC Over Base $36.00 $15.00 $13.50
2 3” AC Over Base $37.00 $16.00 $14.50
3 4” AC Over Base $38.00 $16.50 $15.50
4 5” AC Over Base $39.00 $17.00 $16.00
5 6” AC Over Base $40.00 $20.00 $18.50
6 8” AC Over Base $50.00 $27.00 $24.00
7 10” AC Over Base $70.00 $40.00 $38.00
8 12” AC Over Base $70.00 $40.00 $38.00
Item Description 1 – 300 sq/ft 301 – 600 sq/ft 601 – 1000 sq/ft Greater than 1000 sq/ft 1 Chip Seal Over Base $ 45.00 $ 40.00 $ 35.00 $ 25.00
2 Clean/Re-Chipseal $ 35.00 $ 30.00 $ 37.00 $ 19.00
3 Sand & Slurry Seal $ 5.00 $ 5.00 $ 5.00 $ 2.37
4 Type II Slurry Seal $ - $ - $ - $ -
5 Microsurfacing $ - $ - $ - $ -
Item Description 1 - 10 Each 10 - 30 Each Quantity Over 30 1 Water Valve Covers $ 790.99 $ 509.00 $ 407.20
2 Manhole/Vault Covers $ 1,425.20 $ 1,018.00 $ 865.30
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Attachment 3
Exhibit A
3A16
City of Colfax Cash Summary – July 2022
Staff Report August 24, 2022
Staff Report to City Council
FOR THE AUGUST 24, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Cash Summary – July 2022
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The monthly financial report includes General Fund Reserved Cash Analysis Graphs and the City of Colfax Cash Summary Report (with supporting documentation). The purpose of these reports is to provide the status of funds and transparency for Council and the public of the financial transactions of the City. The reports are prepared monthly on a cash basis and are reconciled to the General Ledger accounting system, previous reports, and bank statements. Detailed budget comparisons are provided as a mid-year report and as part of the proposed budget process each year.
The attached reports reflect an overview of the financial transactions of the City of Colfax in July 2022. Some monthly highlights are listed below:
July revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of May 2022 (twomonth lag). o Final allocation (50%) of American Rescue Plan Act funding - $239K July expenditures included:
o Ongoing monthly operating expenses
o Annual and quarterly premiums for liability, property, and workers compensation insurance o Approved capital project expenditures and inter-fund transfers for project funding. Negative cash fund balances at the end of July are due to timing of funding allocations and reimbursements:
o Fund 358 – CDBG Road Rehabilitation. This is a reimbursable grant – final funding of grant is still pending. CDBG has approved start date of expenditures. Any unfunded expenditures would require allocation from General Fund.
o Fund 367 – SB2 Planning Grant – this is a reimbursable grant. Second round of Reimbursement requests were submitted in February and are still pending. HCD has been backlogged and recently confirmed requests are approved and pending payment. Next reimbursement request scheduled to completed and submitted in August.
o Fund 376 – Downtown Streetscape – This project is primarily (89%) funded with grant funds on a reimbursement basis. Reimbursement requests expected to be submitted on a quarterly basis.
RECOMMENDED ACTION: Accept and File.
3B17
City of Colfax Cash Summary – July 2022
Staff Report August 24, 2022
The first request was submitted at end of July. The balance of funding (11%) will be a City General Fund match.
o Fund 378 – Zoning Code Update. This project is 100% funded with grant funds on a reimbursement basis. Reimbursement requests expected to be submitted on a quarterly basis. The first request is to be submitted in August.
o Fund 575 – WWTP Construction Grant. This is a reimbursable grant. Reimbursement requests are scheduled to be submitted quarterly – final grant award was processed in December. The first reimbursement request was submitted in early March 2022 and received in May 2022. Second reimbursement request was submitted in August.
o Fund 576 – Phase II – Pond 3 Fissure Repair. This project is being funded by insurance. Final Project costs were submitted for reimbursement in early March 2022 – 65% of costs were reimbursed in May – with the balance now expected in late August or September. Anticipated revenues/expenditures for July include:
o Revenues
Allocation for Sales Tax revenues reported/paid to the State for the month of June 2022 (two-month lag).
o Expenditures
Ongoing monthly operating expenses.
Approved capital project expenditures – expect an increase as WWTP solar project and Lift Station #5 repair projects have expected increased activity.
Attachments:
1. General Fund Reserved Cash Analysis Graph
2. Cash Activity Reports
a. Cash Summary
b. Cash Transactions Report – by individual fund
c. Check Register Report - Accounts Payable
3B18
Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2022-23 $3,418 $3,411
Cash Balance FY2021-22 $2,857 $2,831 $2,953 $2,833 $2,943 $2,946 $2,794 $3,120 $3,088 $2,971 $3,004 $3,462 $3,418 Cash Balance FY2020-21 $2,311 $2,392 $2,497 $2,386 $2,402 $2,463 $2,393 $2,688 $2,760 $2,612 $2,771 $3,023 $2,857 Cash Balance FY2019-20 $2,013 $2,069 $2,169 $2,110 $2,170 $2,467 $2,373 $2,747 $2,730 $2,615 $2,627 $2,910 $2,311 Cash Balance FY2018-19 $1,275 $1,398 $1,444 $1,447 $1,329 $1,420 $1,336 $1,672 $1,812 $1,760 $1,893 $2,151 $2,013 *Reserves (Ops, Cap, Pen) $945 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 $1,095 Budget FY2022-23 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $3,418 $-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
City of Colfax - July 2022
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2022-23 >>
3B19
Balance
06/30/2022 Revenues In Expenses Out Transfers Balance 07/31/2022 US Bank $ 94,382.60 $ 766,012.86 $ (619,111.13) $ - $ 241,284.33 LAIF $ 8,704,534.20 $ 15,418.70 $ - $ - $ 8,719,952.90
Total Cash - General Ledger 8,798,916.80 $ $ 781,431.56 $ (619,111.13) $ 8,961,237.23 - $ Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 8,799,216.80 $ 781,431.56 $ (619,111.13) $ 8,961,537.23 - $ Change in Cash Account Balance - Total $ 162,320.43
Attached Reports:
1. Cash Transactions Report (By Individual Fund)
2. Check Register Report (Accounts Payable) $ (454,545.43) Cash Receipts $ 485,943.30
Payroll Checks and Tax Deposits $ (68,544.04)
Utility Billings - Receipts $ 261,775.14
UB - Tax Rolls $ (77,938.62)
LAIF Interest $ 15,418.70
Voided Checks/Reissues $ 211.38
$ 162,320.43 $ -
Prepared by: Laurie Van Groningen, Finance Director
Laurie Van Groningen, Finance Director
Reviewed by: Wes Heathcock, City Manager
Wes Heathcock, City Manager
City of Colfax
Cash Summary
July 31, 2022
3B20
Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 3,229,391.41 $ 214,915.97 $ (210,770.34) $ 3,233,537.04 Fund: 120 - Land Development Fees $ 180,389.29 $ - $ (20,677.35) $ 159,711.94 Fund: 200 - Cannabis Application $ 7,983.99 $ 9,691.00 $ - $ 17,674.99 Fund Type: 1.11 - General Fund - Unassigned $ 3,417,764.69 $ 224,606.97 $ (231,447.69) $ 3,410,923.97 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ 117,157.00 $ - $ - $ 117,157.00 Fund: 571 - AB939 Landfill Diversion $ 23,317.26 $ - $ - $ 23,317.26 Fund: 572 - Landfill Post Closure Maintenance $ 789,592.43 $ 28,928.86 $ (16,346.20) $ 802,175.09 Fund Type: 1.14 - General Fund - Restricted $ 930,066.69 $ 28,928.86 $ (16,346.20) $ 942,649.35 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 202 - ARPA American Rescue Plan Act $ 74,165.85 $ 239,747.45 $ - $ 313,913.30 Fund: 210 - Mitigation Fees - Roads $ 141,082.88 $ 408.16 $ - $ 141,491.04 Fund: 211 - Mitigation Fees - Drainage $ 5,398.12 $ 9.78 $ - $ 5,407.90 Fund: 212 - Mitigation Fees - Trails $ 74,990.81 $ 135.87 $ - $ 75,126.68 Fund: 213 - Mitigation Fees - Parks/Rec $ 192,048.55 $ 347.94 $ - $ 192,396.49 Fund: 214 - Mitigation Fees - City Bldgs $ 101,305.69 $ 183.54 $ - $ 101,489.23 Fund: 215 - Mitigation Fees - Vehicles $ 22,124.97 $ 40.09 $ - $ 22,165.06 Fund: 217 - Mitigation Fees - DT Parking $ 43,312.63 $ 78.47 $ - $ 43,391.10 Fund: 218 - Support Law Enforcement $ - $ - $ - $ -
Fund: 244 - CDBG Program Inc - ME Lending $ - $ - $ - $ - Fund: 250 - Streets - Roads/Transportation $ 36,945.64 $ - $ (31,008.38) $ 5,937.26 Fund: 253 - Gas Taxes $ 28,448.16 $ 4,180.88 $ (1,304.98) $ 31,324.06 Fund: 258 - Road Maintenance - SB1/RSTBG $ 162,147.95 $ 3,933.02 $ - $ 166,080.97 Fund: 270 - Beverage Container Recycling $ 19,115.24 $ 34.64 $ - $ 19,149.88 Fund: 280 - Oil Recycling $ 3,769.09 $ 6.83 $ - $ 3,775.92 Fund: 290 - SB1383 Implementation Grant $ 20,214.00 $ 12.21 $ - $ 20,226.21 Fund: 292 - Fire Department Capital Funds $ 93,336.90 $ 169.10 $ - $ 93,506.00 Fund: 342 - Fire Construction - Mitigation $ 75,838.78 $ 137.40 $ - $ 75,976.18 Fund: 343 - Recreation Construction $ 75,839.25 $ 137.40 $ - $ 75,976.65 Fund: 367 - SB2 - Planning Grant $ (51,098.07) $ - $ (1,936.30) $ (53,034.37) Fund: 376 - Downtown Streetscape $ (2,470.50) $ 961.38 $ (3,580.76) $ (5,089.88) Fund: 378 - Zoning Code Update $ (1,478.05) $ - $ (1,694.35) $ (3,172.40) Fund Type: 1.24 - Special Rev Funds - Restricted$ 1,115,037.89 $ 250,524.16 $ (39,524.77) $ 1,326,037.28 Fund Type: 1.34 - Capital Projects - Restricted
Fund: 358 - CDBG Pavement $ (92,621.34) $ - $ - $ (92,621.34) Fund Type: 1.34 - Capital Projects - Restricted $ (92,621.34) $ - $ - $ (92,621.34) Fund Type: 2.11 - Enterprise Funds
Fund: 560 - Sewer $ 1,629,100.50 $ 176,083.66 $ (214,338.76) $ 1,590,845.40 Fund: 561 - Sewer Liftstations $ 748,005.48 $ 26,326.67 $ (38,692.28) $ 735,639.87 Fund: 563 - Wastewater Treatment Plant $ 937,371.92 $ 74,335.70 $ (754.60) $ 1,010,953.02 Fund: 564 - Sewer Connections $ 443,017.95 $ - $ - $ 443,017.95 Fund: 575 - WWTP Construction Grant $ (320,570.49) $ - $ (50,599.83) $ (371,170.32) Fund: 576 - Phase II - Pond 3 Fissure Repair $ (9,784.71) $ - $ - $ (9,784.71) Fund: 585 - LS #5 Force Main Repairs $ - $ - $ (27,407.00) $ (27,407.00) Fund Type: 2.11 - Enterprise Funds - Unassigned$ 3,427,140.65 $ 276,746.03 $ (331,792.47) $ 3,372,094.21 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 1,528.22 $ 625.54 $ - $ 2,153.76 Fund Type: 9.0 - CLEARING ACCOUNT $ 1,528.22 $ 625.54 $ - $ 2,153.76 Grand Totals: $ 8,798,916.80 $ 781,431.56 $ (619,111.13) $ 8,961,237.23 City of Colfax
Cash Transactions Report - July 2022
3B21
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
July 2022 Checks Processed
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 1:50 pm
Date: 08/10/2022
Void/Stop
Date
Reconcile
Date
US BANK Checks
58287 07/08/22 Reconciled 07/31/22 03141 CALPERS UNFUNDED LIABILITY 12,195.00 58288 07/11/22 Reconciled 07/31/22 1161 49ER WATER SERVICES WWTP TESTING MAY 2022 1,641.00 ALLIANT INSURANCE 3,360.00
SERVICES,
58289 07/11/22 Reconciled 07/31/22 01413 AUTO COVERAGE FY 22/23 58290 07/11/22 Reconciled 07/31/22 01766 AT&T MOBILITY CITY CELL PHONES 760.04 58291 07/11/22 Reconciled 07/31/22 03121 CALIFORNIA BUILDING GREEN FEES Q4 FY 21/22 22.50 58292 07/11/22 Reconciled 07/31/22 03141 CALPERS HEALTH PREMIUMS JULY 2022 8,989.75 58293 07/11/22 Reconciled 07/31/22 03141 CALPERS UNFUNDED LIABILITY 3,157.00 58294 07/11/22 Reconciled 07/31/22 3469 CIVIC PLUS MUNICODE SUPPORT 225.00 58295 07/11/22 Reconciled 07/31/22 07591 COLFAX GREEN MACHINE 3RD OF JULY EVENT DEPOSIT REF 100.00 58296 07/11/22 Printed 3128 CRAIGHEAD LIVING TRUST 3RD OF JULY PARADE DEPOSIT REF 100.00 DIVISION OF STATE 112.40
ARCHITECT
58297 07/11/22 Printed 04532 SB1186 FEES Q4 FY 21/22
58298 07/11/22 Reconciled 07/31/22 14859 GHD INC. ENG SVCS MAY 2022 16,541.25 58299 07/11/22 Reconciled 07/31/22 7560 GRAHAM, ADRIENNE WWTP ENVIRONMENTAL APR 2022 9,163.83 58300 07/11/22 Reconciled 07/31/22 07570 GRAINGER WWTP SAFETY CABINET 789.46 58301 07/11/22 Reconciled 07/31/22 07570 GRAINGER WWTP SUPPLIES 69.10 58302 07/11/22 Reconciled 07/31/22 07570 GRAINGER WWTP SUPPLIES 685.62 58303 07/11/22 Reconciled 07/31/22 7578 GREAT BASIN POWER CANCELLED BUS LICENSE APP 120.50 58304 07/11/22 Reconciled 07/31/22 08660 HUNT AND SONS, INC. FUEL 603.27 58305 07/11/22 Reconciled 07/31/22 8661 HYDROCOMPLIANCE MONTHLY QSP SVCS JUNE 2022 1,800.00 58306 07/11/22 Reconciled 07/31/22 12101 LAFCO LAFCO FEES FY 22/23 2,301.71 LIEBERT CASSIDY 928.50
WHITMORE
58307 07/11/22 Reconciled 07/31/22 12209 LEGAL MATTER
NORTHERN CALIFORNIA 27.31
GLOVE
58308 07/11/22 Reconciled 07/31/22 14356 PW EARPLUGS
PELLETREAU, ALDERSON & 10,389.68
CABRAL
58309 07/11/22 Reconciled 07/31/22 16011(2) LEGAL SVCS JULY 2022 PLACER COUNTY 237.63
DOCUMENT
58310 07/11/22 Reconciled 07/31/22 16192 PG&E TAGS
58311 07/11/22 Reconciled 07/31/22 03580 PLACER COUNTY HHS ANIMAL & FIELD SVCS FY 22/23 6,323.00 58312 07/11/22 Reconciled 07/31/22 3581 PLACER COUNTY LIBRARY EVENT DEPOSIT REFUND 100.00 58313 07/11/22 Reconciled 07/31/22 16821 PSOMAS WWTP SOLAR CONST MAN MAY 2022 16,724.75 58314 07/11/22 Reconciled 07/31/22 16040 PURCHASE POWER POSTAGE REFILL 543.49 58315 07/11/22 Reconciled 07/31/22 18295 RETAIL STRATEGIES JULY 2022 ECONOMIC DEV CONSULT 10,000.00 SACRAMENTO AREA 800.00
COUNCIL OF
58316 07/11/22 Reconciled 07/31/22 18900 ANNUAL MEMBERSHIP DUES SECURE RECORD 75.00
MANAGEMENT
58317 07/11/22 Reconciled 07/31/22 19193 SHREDDING SVCS Q2 2022 58318 07/11/22 Reconciled 07/31/22 01790 SIERRA OFFICE PRODUCTS STMT 7/1/22 144.65 58319 07/11/22 Reconciled 07/31/22 19319 SOLACE GRAPHICS SIGNAGE 150.00 58320 07/11/22 Reconciled 07/31/22 19743 WILL STOCKWIN COLFAX CONN EDITING JULY 2022 300.00 US BANK CORPORATE PMT 2,586.58
SYSTEM
58321 07/11/22 Reconciled 07/31/22 21560 STMT 6/22/22
VAN GRONINGEN & 6,863.75
ASSOCIATES
58322 07/11/22 Reconciled 07/31/22 22106 FINANCIAL SVCS JUNE 2022 58323 07/11/22 Reconciled 07/31/22 22134 VISION QUEST TECH SUPPORT SUPPLIES JUNE 202 1,066.73 58324 07/11/22 Reconciled 07/31/22 22134 VISION QUEST TECH SUPPORT AUG 2022 1,854.80 58325 07/11/22 Reconciled 07/31/22 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 374.07 58326 07/11/22 Reconciled 07/31/22 23301 WESTERN PLACER WASTE SLUDGE REMOVAL JUNE 2022 2,081.50 58327 07/18/22 Reconciled 07/31/22 2087 BASIC PACIFIC FSA BENEFIT PYMT 15.00 58328 07/11/22 Reconciled 07/31/22 2087 BASIC PACIFIC FSA BENEFIT PYMT 30.00 58329 07/22/22 Printed 1161 49ER WATER SERVICES QUARTERLY LINER TESTING 2,339.00 ALHAMBRA & SIERRA 83.92
SPRINGS
58330 07/22/22 Printed 01414 WATER
BUREAU VERITAS NORTH 7,560.00
AMERICA
58331 07/22/22 Printed 02901 BLDG OFFICIAL SVCS JUNE 22 58332 07/22/22 Printed 03401 CHOICE BUILDER PREMIUMS AUG 2022 340.68 58333 07/22/22 Printed 3425 CINTAS UNIFORM SVCS JUNE 2022 1,364.24 58334 07/22/22 Printed 03460 CITY OF ROSEVILLE SEWER SMART FY 22/23 560.00 3B22
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
July 2022 Checks Processed
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 1:50 pm
Date: 08/10/2022
Void/Stop
Date
Reconcile
Date
US BANK Checks
COMFORT PLUMBING 300.00
SYSTEMS
58335 07/22/22 Printed 3565 CORP YARD PLUMBING RPR
CRANMER ENGINEERING, 3,930.00
INC.
58336 07/22/22 Reconciled 07/31/22 03650 LANDFILL MONITORING JUNE 2022 58337 07/22/22 Printed 04592 DACOMM WWTP INTERNET 99.95 EOSI - ENVIRONMENT 8,245.03
OPERATING
58338 07/22/22 Printed 05221 WWTP CHEMICALS
58339 07/22/22 Printed 7798 G&T TRUCK REPAIR TRACTOR RPR 405.00 58340 07/22/22 Printed 14859 GHD INC. ENG SVCS JUNE 2022 14,737.00 58341 07/22/22 Printed 07465 GOLD MINER PEST CONTROL DEPOT PEST CONTROL 75.00 58342 07/22/22 Printed 07465 GOLD MINER PEST CONTROL STATION 37 PEST CONTROL 74.00 58343 07/22/22 Printed 07465 GOLD MINER PEST CONTROL FIRE STATION 36 PEST CONTROL 74.00 58344 07/22/22 Printed 07465 GOLD MINER PEST CONTROL WWTP PEST CONTROL 95.00 58345 07/22/22 Printed 23101 LARRY WALKER ASSOCIATES NPDES PERMIT ASS JUNE 2022 348.00 LOCAL GOVERNMENT 3,580.76
COMMISSION
58346 07/22/22 Reconciled 07/31/22 12551 STREETSCAPE CONSULTING JUNE LORANG BROTHERS 25,270.00
CONSTRUCTION
58347 07/22/22 Printed 12564 LS 5 FORCE MAIN RPR JUNE 2022 58348 07/22/22 Reconciled 07/31/22 18400 NAPA AUTO PARTS SUPPLIES 156.07 NEXGEN ASSET 4,550.00
MANAGEMENT
58349 07/22/22 Printed 14307 WWTP GRANT ASSET MAN
58350 07/22/22 Reconciled 07/31/22 16035 PG&E ELECTRICITY 17,191.44 58351 07/22/22 Printed 16040A PITNEY BOWES POSTAGE SUPPLIES 63.80 PLACER COUNTY AIR 1,996.89
POLLUTION
58352 07/22/22 Printed 16140 LS 5 GENERATOR PERMIT
PLACER COUNTY 820.00
ENVIRONMENTAL
58353 07/22/22 Printed 16165 LANDFILL MONITORING Q4 21/22 58354 07/22/22 Printed 16052 PLACEWORKS GEN PLAN/HOUSING ELEM JUNE 202 1,323.45 58355 07/22/22 Reconciled 07/31/22 16821 PSOMAS WWTP SOLAR GRANT JUNE 2022 8,175.00 58356 07/22/22 Printed 18295 RETAIL STRATEGIES AUG 2022 ECONOMIC CONSULTANT 5,000.00 58357 07/22/22 Printed 19037 SAFE SIDE SECURITY WWTP SECURITY JULY 2022 95.00 58358 07/22/22 Printed 19037 SAFE SIDE SECURITY WWTP SECURITY 47.50 58359 07/22/22 Reconciled 07/31/22 19278 SERGENT, PHIL 2022 BOOT ALLOWANCE 144.78 58360 07/22/22 Void 08/02/22 19797 SWANA LEGISLATIVE TASK FORCE 22/23 0.00 58361 07/22/22 Reconciled 07/31/22 21105 UNICO ENGINEERING ARCO INSPECTIONS JUNE 2022 9,311.40 UNION PACIFIC RAILROAD 5,000.00
CO
58362 07/22/22 Printed 21130 101 RAILROAD PARKING LEASE UNION PACIFIC RAILROAD 250.00
COMPANY
58363 07/22/22 Reconciled 07/31/22 21131 LAND LEASE FY 22/23 58364 07/22/22 Reconciled 07/31/22 23169 WAVE BUSINESS SOLUTIONS CITY HALL CELL PHONE 228.24 58365 07/22/22 Reconciled 07/31/22 23169 WAVE BUSINESS SOLUTIONS FIRE DEPT PHONE 38.42 58366 07/22/22 Reconciled 07/31/22 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 61.87 58367 07/22/22 Printed 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 112.71 58368 07/22/22 Printed 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 438.57 58369 07/22/22 Printed 18883 WAXIE SANITARY SUPPLY DOG WASTE BAGS 71.31 58370 07/22/22 Printed 23451 WOOD RODGERS INSTRUMENTATION SURVEY JUNE 1,025.00 58371 07/22/22 Printed 23451 WOOD RODGERS WWTP CONST GRANT JUNE 2022 5,586.25 58372 07/25/22 Reconciled 07/31/22 2087 BASIC PACIFIC FSA BENEFIT PYMT 30.00 58373 07/29/22 Printed 01448 AMERIGAS - COLFAX SHERIFF DEPT PROPANE 74.23 58374 07/29/22 Printed 30034 CORYELLE, CAROLYN REIMB OF OFFICE SUPPLIES 128.33 58375 07/29/22 Printed 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE AUG 2022 444.96 58376 07/29/22 Printed 06406 FIREWORX FARMS REFUND OF UNUSED LAND DEV DEP 1,930.54 58377 07/29/22 Printed 08086 HBE RENTALS CHIPPER RENTAL 300.00 HOME DEPOT CREDIT 60.02
SERVICES
58378 07/29/22 Printed 08501 STMT 7/21/22
58379 07/29/22 Printed 08660 HUNT AND SONS, INC. FUEL 618.13 LAWRENCE & ASSOCIATES 2,749.05
INC
58380 07/29/22 Printed 12180 LANDFILL MONITORING JUNE 2022 LIEBERT CASSIDY 661.00
WHITMORE
58381 07/29/22 Printed 12209 LEGAL SERVICES
3B23
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
July 2022 Checks Processed
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 3
Time: 1:50 pm
Date: 08/10/2022
Void/Stop
Date
Reconcile
Date
US BANK Checks
NEXGEN ASSET 4,600.00
MANAGEMENT
58382 07/29/22 Printed 14307 WWTP ASSET MAN
58383 07/29/22 Printed 16300 PCWA -PLACER COUNTY WATER 2,882.08 PLACER COUNTY EXECUTIVE 18,750.00
OFFICE
58384 07/29/22 Printed 16161 FIRE SVCS Q4 21/22
PLACER COUNTY OES 241.09
FISCAL UNIT
58385 07/29/22 Printed 16202 CIVIL DEFENSE FY 21/22
58386 07/29/22 Printed 18407 RIGHT STRIPING DOWNTOWN STRIPING 3,499.82 SCORE - SMALL CITIES 145,880.65
ORGANIZED
58387 07/29/22 Printed 19070 LIABILITY FY 22/23 WC Q1 FY 23 SIERRA MEDICAL 215.00
PARTNERSHIP
58388 07/29/22 Printed 19391 NEW HIRE PHYSICAL
STATE BOARD OF 27.00
EQUALIZATION
58389 07/29/22 Printed 19650 Q4 FY 21/22 SALES TAX
58390 07/29/22 Printed 20092 THUMBLER PUBLIC OUTREACH RETENTION 600.00 58391 07/29/22 Printed 21452 URSU, EMMANUEL PLANNING SVCS JUNE 2022 15,068.90 58392 07/29/22 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 58393 07/29/22 Printed 23450 WINNER CHEVROLET, INC. PW VEHICLE MAINTENANCE 101.58 Total Checks: 107 Checks Total (excluding void checks): 454,545.43 Total Payments: 107 Bank Total (excluding void checks): 454,545.43 Total Payments: 107 Grand Total (excluding void checks): 454,545.43 3B24
Minutes 8/10/2022
City Council Minutes
Regular Meeting of Colfax City Council
Wednesday, August 10, 2022
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 CLOSED SESSION
1A. Call Closed Session to Order
Closed Session was reconvened to 5:30pm.
1B. Meeting reconvened at 5:36 pm.
Councilmember Fatula recused himself.
1C. Public Comment was received from Adam Clark, Annie Clark, Tom Swick and Rose Swick. 1D. Closed Session:
(a) Conference with legal counsel – existing litigation pursuant to Government Code Section 54956.9(d)(1): ColfaxNet vs City of Colfax, United States District Court for the eastern District of California Case Number 2:19-cv-02167-WBS-CKD.
2 OPEN SESSION
2A. CallOpen Session to Order
Mayor Burruss called the open session to order at 6:00 pm. 2B. No Report from Closed Session
2C. Pledge of Allegiance
2D. Roll Call
Present: Councilmember Lomen, Councilmember Ackerman, Councilmember Fatula, Mayor Pro Tem Mendoza, and Mayor Burruss.
2E. Approval of the Agenda Order – By motion, accept the agenda as presented.
MOTION made by Councilmember Lomen and seconded by Councilmember Ackerman, and unanimously approved.
3 CONSENT CALENDAR
3A. Authorize remote teleconference meetings pursuant to Government Code Section 54953(e)[AB 361]
Recommendation: Adopt Resolution 28-2022 authorizing remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361].
3B. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 6/22/2022. 3C. December 2021 Storms – California Disaster Assistance Act (CDAA) Funding Recommendation: Adopt Resolution 29-2022 approving the designation of the City Manager as an authorized agent to execute and request disaster /grant funding. 3D. Sheriff Contract Amendment #7
Recommendation: Adopt Resolution 30-2022 authorizing the City Manager to enter into a contract extension with the Placer County Sheriff-Coroner-Marshal’s Office for Fiscal year 2022/2023. 3E. Cash Summary – June 2022
Recommendation: Accept and File.
3F. Quarterly Investment Report – Quarter ended 06/30/2022 3C
25 Minutes 8/10/2022
Recommendation: Accept and File.
By MOTION, approve the consent calendar.
MOTION made by Mayor Pro Tem Mendoza and seconded by Councilmember Lomen, and unanimously approved.
4 AGENCY REPORTS
4A. Placer County Sheriff Office – Deputy Tannarome spoke about crime statistics and Colfax beat coverages.
4B. CHP – Public Information Officer Chris Nave spoke about statistics, DUI’S, and paving projects happening.
4C. Placer County Fire/CALFIRE – Fire Chief Brian Estes stated that the Bear River Fire Report was complete and finalized and could be released to members of the public through the Public Records Act process by going to www.fire.ca.gov. Battalion Chief Jeff Loveless provided an update on current events and the recent fires.
4D. Non-Profits – Connie Heilaman with the Chamber of Commerce described a recent ribbon cutting ceremony at DC Solar and an upcoming mixer at Lighthouse Realty. Foxey McCleary promoted the VFW Breakfast, the American Legion meetings on Thursdays at 5:30 and the Art Walk and Car Cruises on the 3rd Fridays of the month from 4 – 8pm.
Cindy Gustafson, Chair of the Placer County Board of Supervisors spoke about Caltrans repaving, high levels of debris on the roadway and stated it was National Break Safety Awareness Month. 5 PRESENTATION
5A. Presentation by Cindy Gustafson, Chair of the Placer County Board of Supervisors Colfax Winter Storm Heroes – Recipients were presented their awards. 5B. Presentation by Fred and Reene Abbott
2022 Colfax Railroad Days – Fred Abbott provided an overview of the event and answered questions from Council. The Colfax Railroad Days’ requested a $2,500 donation for the event and Council entertained the item.
By MOTION, approve the Colfax Railroad Day’s request for a $2,500 donation.
MOTION made by Mayor Pro Tem Mendoza and seconded by Councilmember Fatula, and unanimously approved.
6 PUBLIC HEARING
1. Presentation by Staff
2. Open the Public Hearing
3. Presentation, when applicable, by Applicant
4. Accept Public Testimony
5. When applicable, Applicant rebuttal period
6. Close Public Hearing (No public comment is taken, hearing is closed)
7. Council comments and questions
8. City Council Action
6A. Ordinance Amending Colfax Municipal Code Section 17.112.180 I4 Regulating Time Limits for Posting Election Campaign Signs
Recommendation: Introduce the proposed ordinance by title only, conduct a public hearing, waive the first reading and schedule the proposed ordinance for second reading and adoption at the next regular City Council meeting scheduled for August 24, 2022, to be effective 30 days after adoption. City Attorney, Alfred “Mick” Cabral presented the item. No public testimony was provided.
By MOTION, approve the Item 6A.
MOTION made by Councilmember Fatula and seconded by Councilmember Ackerman, and unanimously approved.
3C
26 Minutes 8/10/2022
6B. Village Oaks Tentative Subdivision Map – Extension August 14, 2023 Recommendation: Adopt Resolution 31-2022 approving a one-year extension of the Village Oaks Vesting Tentative Subdivision Map to August 14,2023 – Item was presented by Planning Director, Emmanuel Ursu who modified the extension to two-years. The applicant Eric Straus spoke about the project and housing market conditions. No public testimony was provided.
By MOTION, approve the Item 6B with the two-year extension.
MOTION made by Councilmember Fatula and seconded by Councilmember Lomen, and unanimously approved.
7. PUBLIC COMMENT
Foxey McCleary proposed an Angel Wings Mural project to attract visitors. Tim Dion requested time to meet with Council. Diane Greene stated she would like to also attend meetings with Tim Dion . Lisa Strange with the California Department of Insurance provided information about actions residents could take to keep their homes safer from wildfires and provided information about the California Low Cost Auto Insurance Program. Shirley Kuhns Alexander stated that the City’s former Public Works Director, David Woodford, who served Colfax for more than 30 years passed away. A moment of silence was observed.
8 COUNCIL AND STAFF
8A. Committee Reports and Colfax Informational Items – All Councilmembers – Councilmember Fatula promoted the City’s Oil Recycling Program and encouraged Colfax residents to use the 5 gallon oil recycling container and oil filter recycling containers. Mayor Burruss provided an update on the Sacramento Area Council of Governments (SACOG) receiving a 5 million dollar grant and explained the implications and effects of a Sacramento Citizen Initiated Sales Tax Measure if it passes.
8B. City Operations Update – City Manager – City Manager, Wes Heathcock shared that a PSPS Station was installed in town with 3 megawatt generators and thanked PG&E and Brandon Sanders.
He stated staff is in negotiation with the Regional Board to increase the $5.5M construction grant.
The additional funding could be between $3-5M. He also explained that the City made an agreement with Project Go to provide assistance with a one time overdue sewer bill. Residents can go to www.csd.ca.gov to get more information and to see if they qualify. 9 COUNCIL BUSINESS
9A. Parking on Narrow Streets
Recommendation: Discuss the need for and feasibility of an ordinance that will allow the City Engineer to propose restricted or prohibited parking on narrow residential streets, with prior Council approval, and provide direction to staff. – City Attorney Alfred “Mick” Cabral presented the item and Council discussed having a simple, enforceable and complaint-based ordinance that would be brought forward at the next meeting.
10 GOOD OF THE ORDER
Councilmember Fatula advertised the Foodbank in Alta at the Sierra First Baptist Church that happens every Thursday from 10am to noon.
11 ADJOURNMENT
As there was no further business on the agenda, Mayor Burruss adjourned the meeting, by motion and without objection at 7:39 pm. Respectfully submitted to City Council this 24th day of August, 2022.
Marguerite Bailey, City Clerk
3C
27 City of Colfax Ordinance 548 Amending CMC Section 17.112.180 I 4 Regulating Time Limits on Posting Pre-Election Campaign Signs.
Staff Report August 24, 2022
Staff Report to City Council
FOR THE AUGUST 24, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Ordinance Amending Colfax Municipal Code Section 17.112.180 I 4 Regulating Time Limits For Posting Election Campaign Signs
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
This proposed ordinance, if adopted, will delete the current restriction that forbids posting election campaign signs sooner than sixty days before the election to which the signs pertain. If adopted, this ordinance will allow election campaign signs to be posted more than 60 days before the election to which the signs apply. The basis for the proposed amendment is to address concerns that the time restrictions in the current ordinance may be unconstitutional and unenforceable.
Colfax Municipal Code Section 17.112.180 I 4 currently provides: “Time Limit for Posting, Removal Required.
Election campaign signs may be posted no sooner than sixty (60) days before the applicable election, and shall be removed from public view no later than twenty-one (21) days after such election.” The specific changes being recommended are shown in red font:
“4. Time Limit for Posting, Removal Required. Election campaign signs may be posted no sooner than sixty (60) days before the applicable election, and shall be removed from public view no later than twenty-one (21) days after such an election to which the signs apply.”
In the opinion of the City Attorney, the CMC provision that precludes posting election campaign signs no sooner than sixty days before a scheduled election is likely unconstitutional and unenforceable, but the requirement that such signs be removed from public view within 21 days after an election is enforceable at least for the time being.
Two published federal district court cases have directly addressed this question. In one case involving the City of Antioch, California, an identical sixty-day time limit was invalidated as unconstitutional because it denied candidates equal protection of the law and, in any event, the city could not meet the substantial burden of showing that the aesthetic problem created by political signage posted more than sixty days before an election was more important than the First Amendment right of political candidates to publicly advocate their candidacy.
A case arising in New York struck down as unconstitutional a six-week time restriction on similar grounds.
The legal reasoning behind these decisions is lengthy and complex because the question turns on whether the regulation is permissible “time, place and manner” implementation or whether it impermissibly focuses on the contents of the signs. In a pertinent case decided by the United States Supreme Court in 2015, the Court noted, in part, that if the contents of a sign must be read to determine whether the sign is allowable, then the ordinance or regulation impermissibly infringes on a candidate’s, or any citizen’s, First Amendment rights.
RECOMMENDED ACTION: Waive the second reading and adopt Ordinance 548, an Ordinance of the City of Colfax Amending Colfax Municipal Code Section 17.112.180 I 4 Regulating Time Limits For Posting Election Campaign Signs.
3D
28 City of Colfax Ordinance 548 Amending CMC Section 17.112.180 I 4 Regulating Time Limits on Posting Pre-Election Campaign Signs.
Staff Report August 24, 2022
A few cases have also addressed whether requiring election campaign signs to be removed within a specified time after an election is permissible. So far, post-election removal time restrictions have been upheld.
From a technical standpoint, the Colfax ordinance has not been formally declared by a court to be unconstitutional so it can arguably be enforced until that occurs. However, it is not fair, reasonable, or advisable to enforce an ordinance that appears to infringe on the legitimate First Amendment rights of candidates for office, or to wait until the pre-election time restriction is challenged to remove it. All candidates for office, and all proponents and opponents of measures on the ballot, deserve the opportunity to advocate their positions within the bounds of the law without worrying whether ill-advised enforcement proceedings will be initiated against them. If the proposed ordinance is adopted, all candidates for election at the November 2022 general election will be allowed to post their campaign signs on private property at any time before the election, and all citizens will also be able to post signs in favor of or in opposition to a City ballot measure so long as they comply with the remaining applicable provisions of CMC Chapter 17.112 that are not changed by the proposed amendment.
The proposed ordinance only removes the time restrictions on posting pre-election campaign signs. It does not affect the requirements for obtaining city-issued permits or any legitimate time, place and manner restrictions in the Colfax Municipal Code.
Staff will be available to answer questions or provide additional information.
Fiscal Impacts
None anticipated unless enforcement becomes an issue.
Attachments:
Draft Ordinance.
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29 CITY OF COLFAX
ORDINANCE NO. 548
AN ORDINANCE OF THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL SECTION 17.112.180 I 4 REGULATING TIME LIMITS FOR POSTING ELECTION
CAMPAIGN SIGNS
The City Council of the City of Colfax does ordain as follows:
Section 1:
Colfax Municipal Code Title 17, Chapter 17.112, Section 17.112.180 I 4 is hereby amended in the form and substance contained in the Ordinance attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. Superceding Provisions
The provisions of this Ordinance and any resolution adopted pursuant hereto shall supersede and repeal any previous Ordinance or resolution to the extent the same is in conflict herewith.
Section 3. Severability
If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by the final judgment of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions hereof.
Section 4. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality Act, Public Resources Code §21000 et seq (hereinafter "CEQA") apply, the title of this ordinance would constitute a brief description of the "Project" as required by Section 15062(a)(1) of the Guidelines for Implementation of the California Environmental Quality Act published by the State of California Office of Planning and Research (the "CEQA Guidelines").
FINDING OF NO PROJECT
The City of Colfax finds that adoption of this ordinance does not constitute a "Project" as that term is defined by or used in CEQA, the CEQA Guidelines or any court or attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.
FINDING OF EXEMPTION
In the event that it is found that the said action constitutes a "Project" as defined by or used in CEQA or the CEQA Guidelines, which finding would be contrary to the City’s opinion of its action, the City of Colfax hereby finds that said action is exempt from compliance with CEQA and the CEQA Guidelines, for the following reasons: The action falls within the exemptions provided by Senate Bill 94, and within the “common sense” CEQA exemption provided in 14 3D30
CCR 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the action is not subject to CEQA. CEQA Guidelines, Section 15061(b)(3). It can be seen with certainty that adoption of this ordinance and its provisions cannot possibly have a significant effect on the environment.
Section 5. Effective Date
This Ordinance, and all of its provisions, shall take effect thirty (30) days after its adoption and shall, within 15 days after its adoption, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it.
The foregoing Ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax held on the 10th day of August, 2022, and passed and adopted at a duly held regular meeting of the City Council held on the 24th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Trinity Burruss, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Alfred Cabral Marguerite Bailey
City Attorney City Clerk
3D31
EXHIBIT A
CITY OF COLFAX
ORDINANCE NO. 548
AN ORDINANCE OF THE CITY OF COLFAX
AMENDING COLFAX MUNICIPAL SECTION 17.112.180 I 4 REGULATING
TIME LIMITS FOR POSTING ELECTION CAMPAIGN SIGNS
Section 1. Colfax Municipal Code Title 17, Chapter 17.112, Section 17.112.180 I 4 is hereby amended to read as follows:
“4. Removal Required. Election campaign signs shall be removed from public view no later than twenty-one (21) days after an election to which they apply.” Section 2. The remainder of Colfax Municipal Code Chapter 17.112 shall remain in full force and effect. If any of the provisions of Colfax Municipal Code Chapter 17.112 are inconsistent with the provisions of this Ordinance, then this Ordinance and the provisions hereof shall control any inconsistent interpretation.
3D32
2022 ANNUAL MOSQUITO
AND VECTOR UPDATE
Jake Hartle, Assistant Manager
5A33
Who We Are
Independent, non-enterprise, special
district in Northern California
governed by California Mosquito
and Vector Control Law and a
seven-member Board of Trustees. 24
full time staff and annual seasonal
employees.
5A34
District Mission
To effectively and efficiently manage
the risks from vectors and vector-borne disease in order to protect public health and quality of life in Placer County.
5A35
5A36
Vector-borne Disease Prevention
Our Responsibility
• Monitor vectors and diseases
• Communicate risk
• Manage mosquito populations using
integrated vector management tools
• Make treatment decisions based on
sound science
5A37
Vector-borne Disease Prevention
What You Can Do
• Prevent mosquito bites by using an
EPA-registered repellent and
protective clothing
• Maintain property to minimize
standing water
• Contact the District to report
mosquito problems
5A38
Aedes aegypti in California in 2021
• 2013 - first detected in Fresno.
• 2015 - found in Los Angeles and
several other areas of Southern
California
• 2018 - spread throughout Southern San Joaquin valley and Los Angeles • 2019 - detected in Southern
Placer and Northern Sacramento
Counties
• 2021 - detected in at least 7
areas in in the Sacramento
Valley as far north as Redding
• 2022 - ???
5A39
Spread of Aedes aegypti in Northern California
2019 2020-2021
5A40
WNV Mosquito Outlook for 2022 – East
• Drought conditions are often related to increased WNV. • Invasives were not found in 2020, but we will continue our surveillance program. • Mosquito activity will increase in all areas of the county as temperatures warm. • First WNV positive mosquitoes were detected in late June in the Roseville area.
WNV Mosquitoes – Culex tarsalis, Culex pipiens
WNV Positive Dead birds
Z 5,6
5A
41 Nuisance Mosquito Outlook– East
Treehole Mosquitoes: Aedes sierrensis Z 5,6
Snowmelt Mosquitoes: Aedes tahoensis, Ae. bicristatus, Ae. cataphylla, Ae. fitchii, Ae. hexodontus, Ae. ventrovitus) Z 5,6 5A42
Mosquito Outlook for 2022
• Drought conditions are often related to increased WNV activity, and nuisance species related to irrigation. We see lower Treehole and Snowmelt mosquito activity. • Water conservation practices also help to prevent mosquito habitat and reduce West Nile Virus risk.
• We will continue to look for invasive Aedes aegypti and take measures to keep them from spreading. • We will work to improve our preventative larvicide applications by using our unmanned aircraft in rural areas in western and eastern Placer County as needed. • We are also always working to improve our tools and techniques to reduce nuisance mosquito biting, lower WNV risk, and manage insecticide resistance. 5A43
Contact us!
placermosquito.org
@placermosquito
(916) 380-5444
5A44
t
City of Colfax Ordinance Restricting or Prohibiting Parking on Narrow Streets Staff Report August 24, 2022
Staff Report to City Council
FOR THE AUGUST 24, 2022, REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Ordinance Amending Colfax Municipal Code Section 10.16.080 By Adding Subsection 10.16.080 C To Authorize Restricting Or Prohibiting Parking On Narrow Streets.
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The proposed ordinance, if adopted, will authorize the City Engineer, with prior Council approval, to prohibit parking on streets when the width of the roadway does not exceed 20 feet, and to prohibit parking on one side of a street when the width of the roadway does not exceed 30 feet. All narrow streets upon which parking is restricted or prohibited will be designated by official signs or markings.
This issue was initially discussed at the June 8, 2022, regular City Council meeting. Staff was directed to propose language that can be added to Colfax Municipal Code (“CMC”) Chapter 10.16 to allow the City Engineer, with prior Council approval, to post signs restricting or prohibiting parking on narrow streets within City limits, and to consider whether an amendment to CMC Chapter 10.16 is needed to accomplish that result.
On August 10, 2022, Council directed staff to bring forward an ordinance to that effect for consideration by Council and the public.
The language presented at the August 10 meeting has been slightly modified. At Council’s request, the words “stop, stand” have been deleted from the second sentence so it now reads, in relevant part, “no persons shall park a vehicle upon any such street in violation of any such sign or marking.” In the second line of the first sentence, the phrase “restricted or” has been added to allow the City Engineer, with Council approval, to designate areas in which parking is restricted but not necessarily prohibited. The specific changes from the August 10 language present to Council are indicated in red below:
“The City Engineer, with prior approval of the City Council, is hereby authorized to place signs or markings indicating restricted or no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. When official signs or markings restricting or prohibiting parking are erected upon narrow streets as authorized in this section, no persons shall stop, stand, or park a vehicle upon any such street in violation of any such sign or marking.” Allowing restricted parking as opposed to no parking at all will permit the City Engineer to consider creative ways to regulate parking on narrow streets without prohibiting it altogether.
If this ordinance is adopted as drafted, the City Engineer will not have authority to restrict or prohibit parking on any narrow street until approval is given by the City Council. It is anticipated that the City Engineer will RECOMMENDED ACTION: Introduce the proposed ordinance by title only, waive the first reading and schedule the proposed ordinance for a second reading, public hearing and adoption at the next regular City Council meeting currently scheduled for September 14, 2022, to be effective 30 days after adoption. 9A
45 t
City of Colfax Ordinance Restricting or Prohibiting Parking on Narrow Streets Staff Report August 24, 2022
make recommendations to the City Council for consideration at a public meeting, that members of the public will be allowed to comment on the City Engineer's recommendations, and that signs restricting or prohibiting parking on narrow streets will not be erected unless and until the Council approves doing so.
The Colfax Municipal Code vaguely addresses regulation of parking in CMC Section 10.16.040: “The city may designate areas for diagonal, parallel, right angle, limited or prohibited parking. The director of public works shall erect signs and mark those portions of the streets and curbs designated for such parking.” This general authorization is likely not sufficient to restrict or prohibit parking on narrow streets. CMC Section
10.16.080 on its face defines the areas within the City in which parking is prohibited. That section does not allow parking on narrow streets to be restricted or prohibited. Other portions of CMC Chapter 10.16 address specific types of parking the Council wanted to restrict or prohibit, none of which include parking on narrow streets. There is at best an ambiguity in the City’s existing regulatory authority, and at worst a lack of authority to regulate parking on narrow streets without amending the CMC.
The Placer County Sheriff's Office is responsible for parking enforcement. See CMC 10.16.030. PCSO has indicated that if Colfax wants to restrict or prohibit parking on certain residential streets, it will need to adopt an enforceable ordinance to that effect and post appropriate signage.
The Sheriff has received one complaint that vehicles parked along a narrow street prohibit safe passage by emergency, utility, and sanitation vehicles. Various members of the City Council and members of City staff have either received or are aware of multiple complaints to the same effect. Recology has apparently been unable to access one or more streets for refuse collection.
The language of this draft ordinance is simple, but the effect can be profound. There are many streets within City limits that fall within the roadway widths that will be subject to restriction or prohibition if this ordinance is adopted. Ideally, cooperation between neighbors residing on narrow streets should minimize the need for formal restriction, prohibition and enforcement. Where neighborhood cooperation is not adequate, however, Council will have to decide whether to impose and enforce the authority this ordinance provides for.
Staff will be available to answer questions or provide additional information.
Fiscal Impacts
Posting and maintaining the necessary signage will involve the expenditure of city funds. There will also be some level of enforcement cost.
Attachments:
None.
9A
46 CITY OF COLFAX
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL TITLE 10, CHAPTER 10.16 BY ADDING SUBSECTION 10.16.080 C TO AUTHORIZE
RESTRICTING OR PROHIBITING PARKING ON NARROW STREETS
The City Council of the City of Colfax does ordain as follows:
Section 1:
Colfax Municipal Code Title 10, Chapter 10.16, Section 10.16.080 is hereby amended by adding Subsection 10.16.080 C in the form and substance contained in the Ordinance attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. Superceding Provisions
The provisions of this Ordinance and any resolution adopted pursuant hereto shall supersede and repeal any previous Ordinance or resolution to the extent the same is in conflict herewith.
Section 3. Severability
If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by the final judgment of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions hereof.
Section 4. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality Act, Public Resources Code §21000 et seq (hereinafter "CEQA") apply, the title of this ordinance would constitute a brief description of the "Project" as required by Section 15062(a)(1) of the Guidelines for Implementation of the California Environmental Quality Act published by the State of California Office of Planning and Research (the "CEQA Guidelines").
FINDING OF NO PROJECT
The City of Colfax finds that adoption of this ordinance does not constitute a "Project" as that term is defined by or used in CEQA, the CEQA Guidelines or any court or attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.
FINDING OF EXEMPTION
In the event that it is found that the said action constitutes a "Project" as defined by or used in CEQA or the CEQA Guidelines, which finding would be contrary to the City’s opinion of its action, the City of Colfax hereby finds that said action is exempt from compliance with CEQA and the CEQA Guidelines, for the following reasons: The action falls within the exemptions provided by Senate Bill 94, and within the “common sense” CEQA exemption provided in 14 9A
47 CCR 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the action is not subject to CEQA. CEQA Guidelines, Section 15061(b)(3). It can be seen with certainty that adoption of this ordinance and its provisions cannot possibly have a significant effect on the environment.
Section 5. Effective Date
This Ordinance, and all of its provisions, shall take effect thirty (30) days after its adoption and shall, within 15 days after its adoption, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it.
The foregoing Ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax held on the 24th day of August, 2022, and passed and adopted at a duly held regular meeting of the City Council held on the 14th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Trinity Burruss, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Alfred Cabral Marguerite Bailey
City Attorney City Clerk
9A
48 EXHIBIT A
CITY OF COLFAX
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL TITLE 10, CHAPTER 10.16 BY ADDING SUBSECTION 10.16.080 C TO AUTHORIZE
RESTRICTING OR PROHIBITING PARKING ON NARROW STREETS
Section 1. Colfax Municipal Code Title 10, Chapter 10.16, Section 10.16.080 is hereby amended by adding Subsection 10.16.080 C to read as follows:
“C. The City Engineer, with prior approval of the City Council, is hereby authorized to place signs or markings indicating restricted or no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. When official signs or markings restricting or prohibiting parking are erected upon narrow streets as authorized in this section, no persons shall park a vehicle upon any such street in violation of any such sign or marking.” Section 2. The remainder of Colfax Municipal Code Title 10, Chapter 10.16 shall remain in full force and effect. If any of the provisions of Colfax Municipal Code Chapter 10.16 are inconsistent with the provisions of this Ordinance, then this Ordinance and the provisions hereof shall control any inconsistent interpretation.
9A
49