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.
December 14, 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
December 14, 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/89594610036
Dial in by calling one of the numbers listed below and enter the Webinar ID:
895 9461 0036
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.
December 14, 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. 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].
3B. Minutes (Pages 9-11)
Recommendation: By Motion, approve the Colfax City Council minutes of 11/09/2022. 3C. Cash Summary – October 2022 (Pages 12-19)
Recommendation: Accept and File.
3D. Quarterly Investment Report – Quarter ended 09/30/22 (Pages 20-28) Recommendation: Accept and File.
3E. Second Amendment to Maidu Village ARCO Project Subdivision Improvement Agreement (Pages 29-34)
Recommendation: Adopt Resolution __-2022 authorizing the City Manager to execute a Second Amendment to the August 31, 2022, Subdivision Improvement Agreement with Colfax Auburn, LLC, for the Maidu ARCO Project.
3F. Lease Agreement for City-Owned Property at 99 Railroad Street, Suite 1 (Pages 35-44) Recommendation: Adopt Resolution __-2022 authorizing the City Manager to enter into a 1-year lease with the option of a second year with Denia M. Long and Stephanie N. Layton for 99 Railroad Street, Suite 1.
*** 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. Proclamation of Service for CHP Public Information Officer Chris Nave (Page 45) Presentation by: Mayor Burruss
5B. Proclamation of Service for CALFire Assistant Chief Mike Rufenacht (Page 46) Presentation by: Mayor Burruss
5C. California Public Utilities Commission Liaison for Placer County Presentation by: Hector, Corral
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.
December 14, 2022
5D. Placer Sierra Railroad Society (Pages 47-51)
Presentation by: Roger Staab and Dick Dorn
6 PUBLIC HEARING
6A. Mitigation Impact Fees- Annual Report (Pages 52-55) Presentation by: Laurie Van Groningen, Finance Director Recommendation: Conduct public hearing, review annual report, consider public and staff comments, accept report and adopt Resolution __-2022 accepting and approving the Annual AB 1600 Mitigation Fee Report and Making Findings pursuant to Colfax Municipal Code Chapter 3.56 and the Mitigation Fee Act (Government Code §66000 Et Seq). 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 five (5) minutes per speaker. Written comments should not exceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) 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.
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
Notice to the Public: City Council, when considering a matter scheduled for hearing, will take the following actions:
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
Public Hearings that are continued will be so noted. The continued Public Hearing will be listed on a subsequent council agenda and posting of that agenda will serve as notice. 3 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.
December 14, 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. 9A. Declaring the results of the General Municipal Election held on November 8, 2022 for election of City Councilmembers, and voter response to Measure B (Pages 56-63) Presentation by: Marguerite Bailey, City Clerk
Recommended Action: Adopt Resolution __-2022 declaring the results of the General Municipal Election held on November 8, 2022 1.) Electing 3 City Councilmembers and 2.) Adopting Ordinance № 548 Amending Colfax Municipal Code Title 3, Chapter 3.20 to Charge the Transient Occupancy Tax on All Persons Receiving Revenue from Hotel Occupancy (Such as On-Line Hotel Brokers and Vacation Rental Agencies) and Increasing the Rate to 10%. 9B. Oath of Office and Seating of New Councilmembers (Pages 64) Presentation by: Marguerite Bailey, City Clerk
Recommended Action: Recognition of retiring Councilmembers and Oath of Office of newly elected Councilmembers from the term beginning December 14, 2022 through the first City Council Meeting after the Certification of the November 2026 Election. 9C. Rotation of City Council Officers: Mayor and Mayor Pro Tem (Pages 65-66) Presentation by: Wes Heathcock, City Manager and Alfred A. “Mick” Cabral, City Attorney Recommended Action: Select a Mayor and Mayor Pro Tem to serve in 2023. 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
4 City of Colfax Authorize Remote Teleconference Meetings Under Government Code Section 54953(e) Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 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 3A
5 City of Colfax Authorize Remote Teleconference Meetings Under Government Code Section 54953(e) Staff Report December 14, 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 3A
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, having reconsidered the circumstances of the state of emergency, 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 3A
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 14th of December, 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 3A
8 Minutes 11/9/2022
City Council Minutes
Regular Meeting of Colfax City Council
Wednesday, November 9, 2022
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 CLOSED SESSION (No Closed Session)
2 OPEN SESSION
2A. CallOpen Session to Order - Mayor Burruss called the open session to order at 6:10pm. 2B. Report from Closed Session – No Closed Session
2C. Pledge of Allegiance
2D. Roll Call
Present: Councilmember Lomen, Councilmember Ackerman, Councilmember Fatula and Mayor Burruss
Absent: Mayor Pro Tem Mendoza
2E. Approval of the Agenda Order
By MOTION, accept the agenda as presented.
MOTION made by Councilmember Fatula and seconded by Councilmember Lomen, and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Burruss
NOES:
ABSTAIN:
ABSENT: Mendoza
3 CONSENT CALENDAR
3A. Authorize Remote Teleconference Meetings Pursuant to Government Code Section 54953(e) [AB 361]
Recommendation: Adopt Resolution 50-2022 authorizing remote teleconference meetings pursuant to Government Code Section 54953(e) [AB 361].
3B. First Amendment to Maidu Village ARCO Project Subdivision Improvement Agreement Recommendation: Adopt Resolution 51-2022 authorizing the City Manager to execute a First Amendment to the August 31, 2022, Subdivision Improvement Agreement with Colfax Auburn, LLC, for the Maidu ARCO Project.
3C. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 10/26/2022. 3D. Side Letter Agreement with Stationary Engineers, Local 39, Modifying Compensatory Time Off Provisions in Current Memorandum of Understanding
Recommendation: Adopt Resolution 52-2022 authorizing the Mayor and City Manager to sign a Side Letter Agreement modifying the Compensatory Time Off provisions in the Memorandum of Understanding with Stationary Engineers, Local 39.
By MOTION, approve the consent calendar.
MOTION made by Councilmember Lomen and seconded by Councilmember Fatula, and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Burruss
Item 3B
9 Minutes 11/9/2022
NOES:
ABSTAIN:
ABSENT: Mendoza
***End of Consent Calendar***
4 AGENCY REPORTS
4A. Placer County Sheriff Office – Sgt. Kevin Griffiths presented monthly crime statistics for the City and County and spoke about homeless encampments and associated legal implications with clean ups. Mayor Burruss was concerned about the health and safety issue of a reported encampment near Hwy174.
4B. CHP – Not in attendance
4C. Placer County Fire/CALFIRE – Battalion Chief Jeff Loveless spoke about weather and open burning. Assistant Chief Mike Rufenacht spoke of the necessity to obtain a burn permit within the City limits.
4D. Non-Profits – Colfax Chamber of Commerce – President, Tim Ryan spoke about new businesses joining the chamber and upcoming events. Andy Giannini, Superintendent of Colfax Elementary spoke about events such as Red Ribbon, the Halloween Parade, Bulldog Friday and school test scores.
5 PRESENTATION
5A. Placer County Transportation Planning Agency (PCTPA) Unmet Transit Needs/Regional Transportation Plan
Presentation by: Mike Costa/PCTPA Senior Transportation Planner presented an overview of PCTPA and the unmet planning needs that the County faces.
Sacramento Area Council of Governments (SACOG) 2024 Blueprint Project (Metropolitan Transportation Plan/Sustainable Communities Strategy)
Corey Peterson Senior Transportation Manager with PCTPA discussed bringing together stakeholders to evaluate objectives and the project list for the 25 year transportation plan.
Clint Holtzen/SACOG Planning Manager spoke about balancing the transportation needs of the region and Placer County which is the fastest growing County in the State.
Tim Ryan asked if transportation between Nevada County and the Depot could be a plan for the future.
6 PUBLIC HEARING (No Public Hearing)
7 PUBLIC COMMENT
None provided.
8 COUNCIL AND STAFF
8A. Committee Reports and Colfax Informational Items – All Councilmembers – Councilmember Fatula stated that the last Food Bank in Alta was canceled due to weather and it would be open again next Thursday.
8B. City Operations Update – City Manager – Public Works Director, Martin Jones said he is in contact with Union Pacific’s new Vegetation Manager, Sarah Muller and they are working on a plan for mitigating some trees infested with Mountain Pine Bark Beetles. 9 COUNCIL BUSINESS
9A. Winterfest Event Coordinator and Funding
Presentation by: Colfax Area Chamber of Commerce
Recommended Action: Discuss and consider approving Colfax Area Chamber of Commerce request of $6,500 for general event costs for a total amount of $6,500.
Tim Ryan, Colfax Area Chamber of Commerce President explained that the Winterfest event Item 3B
10 Minutes 11/9/2022
would have vendors, entertainment, music, be kid friendly with a bounce house. The $6,500 donation would help offset the increasing costs of fireworks.
Councilmember Fatula asked how much the Chamber was contributing to the event and Tim Ryan stated that they were budgeting $10,000 for the event. Councilmember Ackerman stated that he thought it was proportionately nicely presented.
By MOTION, approve Item 9A.
MOTION made by Councilmember Ackerman and seconded by Councilmember Lomen, and approved by the following vote:
AYES: Lomen, Ackerman, Fatula, Burruss
NOES:
ABSTAIN:
ABSENT: Mendoza
10 GOOD OF THE ORDER
Nothing for Good of the Order
11 ADJOURNMENT
As there was no further business on the agenda, Mayor Burruss adjourned the meeting, by motion and without objection at 7:23 pm. Respectfully submitted to City Council this 14th day of December, 2022.
Marguerite Bailey, City Clerk
Item 3B
11 City of Colfax Cash Summary – October 2022
Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Cash Summary – October 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 October 2022. Some monthly highlights are listed below:
October revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of August 2022 (twomonth lag). October expenditures included:
o Annual payment for State Water Resource Control Board loan o Ongoing monthly operating expenses
o Approved capital project expenditures – significant expenditures on WWTP Construction Grant and Lift Station #5 Repair project.
Negative cash fund balances at the end of October are due to timing of funding allocations and reimbursements:
o Fund 250 – Streets – Roads/Transportation. These expenses are funded by annual Transportation funding through Placer County Transportation Agency (PCTPA), City Gas Tax revenues, and a General Fund allocation. PCTPA Funding request was submitted in October (approved by Council on 09/28/22).
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 RECOMMENDED ACTION: Accept and File.
Item 3C
12 City of Colfax Cash Summary – October 2022
Staff Report December 14, 2022
confirmed requests are approved and pending payment. Next reimbursement request scheduled to completed and submitted in November depending on project activity. 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.
The first request was submitted at end of July and received in August. The balance of funding (11%) will be a City General Fund match. Next reimbursement request is scheduled for November. 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 was submitted in August and received in October. Next reimbursement request is tentatively scheduled for November.
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 and was received in early November. Third request is anticipated to be submitted by mid-November. Anticipated revenues/expenditures for November include:
o Revenues
Allocation for Sales Tax revenues reported/paid to the State for the month of September 2022 (two-month lag).
o Expenditures
Ongoing monthly operating expenses.
Approved capital project expenditures –WWTP solar project and Lift Station #5 repair projects have had increased activity this past quarter.
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
Item 3C
13 Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2022-23 $3,418 $3,412 $3,568 $3,396 $3,451 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 - October 2022
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2022-23 >>
Item 3C
14 Balance
09/30/2022 Revenues In Expenses Out Transfers Balance 10/31/2022 US Bank $ 164,076.37 $ 540,378.46 $ (1,102,363.37) $ 700,000.00 $ 302,091.46 LAIF $ 8,594,952.90 $ 29,540.84 $ - $ (700,000.00) $ 7,924,493.74 Total Cash - General Ledger 8,759,029.27 $ $ 569,919.30 $ (1,102,363.37) $ - 8,226,585.20 $ Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 8,759,329.27 $ 569,919.30 $ (1,102,363.37) $ - 8,226,885.20 $ Change in Cash Account Balance - Total $ (532,444.07)
Attached Reports:
1. Cash Transactions Report (By Individual Fund)
2. Check Register Report (Accounts Payable) $ (951,972.98) Cash Receipts $ 303,926.71
Payroll Checks and Tax Deposits $ (73,624.22)
Utility Billings - Receipts $ 161,122.01
LAIF Interest $ 29,540.84
Voided Checks/Reissues $ (1,436.43)
$ (532,444.07) $ -
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
October 31, 2022
Item 3C
15 Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 3,231,260.78 $ 202,839.82 $ (136,852.81) $ 3,297,247.79 Fund: 120 - Land Development Fees $ 157,202.54 $ 9,039.34 $ (11,197.40) $ 155,044.48 Fund: 200 - Cannabis Application $ 7,424.99 $ - $ - $ 7,424.99 Fund Type: 1.11 - General Fund - Unassigned $ 3,395,888.31 $ 211,879.16 $ (148,050.21) $ 3,459,717.26 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ 153,657.00 $ - $ - $ 153,657.00 Fund: 571 - AB939 Landfill Diversion $ 23,317.26 $ - $ - $ 23,317.26 Fund: 572 - Landfill Post Closure Maintenance $ 790,038.29 $ 26,610.76 $ (4,933.17) $ 811,715.88 Fund Type: 1.14 - General Fund - Restricted $ 967,012.55 $ 26,610.76 $ (4,933.17) $ 988,690.14 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 202 - ARPA American Rescue Plan Act $ 283,276.30 $ 959.53 $ - $ 284,235.83 Fund: 210 - Mitigation Fees - Roads $ 141,491.04 $ 479.27 $ - $ 141,970.31 Fund: 211 - Mitigation Fees - Drainage $ 5,407.90 $ 18.32 $ - $ 5,426.22 Fund: 212 - Mitigation Fees - Trails $ 75,126.68 $ 254.48 $ - $ 75,381.16 Fund: 213 - Mitigation Fees - Parks/Rec $ 192,396.49 $ 651.70 $ - $ 193,048.19 Fund: 214 - Mitigation Fees - City Bldgs $ 101,489.23 $ 343.77 $ - $ 101,833.00 Fund: 215 - Mitigation Fees - Vehicles $ 22,165.06 $ 75.08 $ - $ 22,240.14 Fund: 217 - Mitigation Fees - DT Parking $ 43,391.10 $ 146.98 $ - $ 43,538.08 Fund: 218 - Support Law Enforcement $ (25,000.00) $ 74,999.73 $ - $ 49,999.73 Fund: 244 - CDBG Program Inc - ME Lending $ - $ - $ - $ - Fund: 250 - Streets - Roads/Transportation $ (34,268.10) $ - $ (32,957.10) $ (67,225.20) Fund: 253 - Gas Taxes $ 39,924.67 $ 4,939.89 $ (1,244.58) $ 43,619.98 Fund: 258 - Road Maintenance - SB1/RSTBG $ 173,187.28 $ 4,404.20 $ - $ 177,591.48 Fund: 270 - Beverage Container Recycling $ 19,149.88 $ 64.87 $ - $ 19,214.75 Fund: 280 - Oil Recycling $ 3,775.92 $ 12.79 $ - $ 3,788.71 Fund: 290 - SB1383 Implementation Grant $ 20,226.21 $ 68.52 $ - $ 20,294.73 Fund: 292 - Fire Department Capital Funds $ 93,506.00 $ 316.73 $ - $ 93,822.73 Fund: 342 - Fire Construction - Mitigation $ 76,266.18 $ 258.01 $ - $ 76,524.19 Fund: 343 - Recreation Construction $ 76,266.65 $ 258.01 $ - $ 76,524.66 Fund: 367 - SB2 - Planning Grant $ (29,345.86) $ - $ (2,274.50) $ (31,620.36) Fund: 376 - Downtown Streetscape $ (5,078.95) $ - $ (822.13) $ (5,901.08) Fund: 378 - Zoning Code Update $ (3,424.75) $ 3,064.25 $ (1,405.95) $ (1,766.45) Fund Type: 1.24 - Special Rev Funds - Restricted$ 1,269,928.93 $ 91,316.13 $ (38,704.26) $ 1,322,540.80 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 $ 1,657,030.59 $ 114,526.67 $ (81,915.24) $ 1,689,642.02 Fund: 561 - Sewer Liftstations $ 736,193.43 $ 16,292.07 $ (21,622.97) $ 730,862.53 Fund: 563 - Wastewater Treatment Plant $ 1,101,413.42 $ 43,910.76 $ (439,012.71) $ 706,311.47 Fund: 564 - Sewer Connections $ 443,017.95 $ - $ - $ 443,017.95 Fund: 575 - WWTP Construction Grant $ (723,294.46) $ - $ (92,791.90) $ (816,086.36) Fund: 576 - Phase II - Pond 3 Fissure Repair $ - $ - $ - $ - Fund: 585 - LS #5 Force Main Repairs $ 2,786.60 $ - $ (210,103.00) $ (207,316.40) Fund Type: 2.11 - Enterprise Funds - Unassigned$ 3,217,147.53 $ 174,729.50 $ (845,445.82) $ 2,546,431.21 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 1,673.29 $ 153.84 $ - $ 1,827.13 Fund Type: 9.0 - CLEARING ACCOUNT $ 1,673.29 $ 153.84 $ - $ 1,827.13 Grand Totals: $ 8,759,029.27 $ 504,689.39 $ (1,037,133.46) $ 8,226,585.20 City of Colfax
Cash Transactions Report - October 2022
Item 3C
16 CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
October 2022 Checks Processed
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 10:25 am
Date: 11/11/2022
Void/Stop
Date
Reconcile
Date
US BANK Checks
58573 10/04/22 Reconciled 10/31/22 2087 BASIC PACIFIC FSA BENEFIT PYMT 30.00 58574 10/07/22 Reconciled 10/31/22 03141 CALPERS HEALTH PREMIUMS OCT 2022 11,206.73 58601 10/11/22 Reconciled 10/31/22 1161 49ER WATER SERVICES WWTP QUARTERLY LINER TESTING 3,453.00 58602 10/11/22 Printed 1179 AA COLFAX FELLOWSHIP EVENT DEPOSIT REFUND 100.00 58603 10/11/22 Reconciled 10/31/22 01766 AT&T MOBILITY CITY CELL PHONES 836.29 58604 10/11/22 Reconciled 10/31/22 03121 CALIFORNIA BUILDING GREEN FEES COLLECTED Q1 22/23 57.60 58605 10/11/22 Reconciled 10/31/22 3469 CIVIC PLUS MUNICODE UPDATE 904.87 58606 10/11/22 Reconciled 10/31/22 3468 CIVICWELL STREETSCAPE CONSULTANT AUG 461.63 58607 10/11/22 Printed 03540 COLFAX LIONS CLUB ART WALK/CRUISE NIGHTS 100.00 58608 10/11/22 Printed 3555 COLFAX RAILROAD DAYS EVENT DEPOSIT REFUND 100.00 58609 10/11/22 Reconciled 10/31/22 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE OCT 2022 444.96 DEPARTMENT OF 12.67
CONSERVATION
58610 10/11/22 Printed 04250 SMIP FEES Q1 22/23
DIVISION OF STATE 58.80
ARCHITECT
58611 10/11/22 Reconciled 10/31/22 04532 SB1186 FEES COLLECTED Q1 22/23 EOSI - ENVIRONMENT 8,322.88
OPERATING
58612 10/11/22 Reconciled 10/31/22 05221 WWTP CHEMICALS FRONTIER 225.45
COMMUNICATIONS
58613 10/11/22 Reconciled 10/31/22 06278 WWTP PHONE
58614 10/11/22 Reconciled 10/31/22 7223 GEOCON CONSULTANTS INC. LS 5 VAULT INSPECTION 960.00 58615 10/11/22 Reconciled 10/31/22 07465 GOLD MINER PEST CONTROL CORP YARD PEST CONTROL 100.00 58616 10/11/22 Reconciled 10/31/22 07570 GRAINGER WWTP PUMP 340.23 58617 10/11/22 Reconciled 10/31/22 07570 GRAINGER WWTP SUPPLIES 154.79 58618 10/11/22 Reconciled 10/31/22 07570 GRAINGER WWTP SUPPLIES 40.81 58619 10/11/22 Reconciled 10/31/22 07570 GRAINGER WWTP SUPPLIES 47.83 58620 10/11/22 Reconciled 10/31/22 08086 HBE RENTALS LANDFILL PROPANE 16.17 58621 10/11/22 Reconciled 10/31/22 08086 HBE RENTALS ST REPAIR 70.00 58622 10/11/22 Reconciled 10/31/22 08170 HILLS FLAT LUMBER CO SUPPLIES 94.17 58623 10/11/22 Reconciled 10/31/22 8501 HOLT RENEWABLES WWTP SOLAR CONST SEPT 2022 74,956.90 HOME DEPOT CREDIT 343.77
SERVICES
58624 10/11/22 Reconciled 10/31/22 08501 PW SUPPLIES
58625 10/11/22 Reconciled 10/31/22 08660 HUNT AND SONS, INC. FUEL 829.29 58626 10/11/22 Reconciled 10/31/22 8661 HYDROCOMPLIANCE WWTP MONTHLY QSP SVC AUG 2022 3,600.00 58627 10/11/22 Reconciled 10/31/22 09540 INTERSTATE SALES ST SIGNAGE 130.85 LAWRENCE & ASSOCIATES 147.50
INC
58628 10/11/22 Reconciled 10/31/22 12180 LANDFILL MONITORING AUG 2022 LORANG BROTHERS 205,817.50
CONSTRUCTION
58629 10/11/22 Reconciled 10/31/22 12564 LS 5 FORCE MAIN RPR SEPT 2022 58630 10/11/22 Reconciled 10/31/22 19390 MAR-VAL'S SIERRA MARKET PW ICE 134.92 METROPOLITAN 1,000.00
TRANSPORTATION
58631 10/11/22 Reconciled 10/31/22 13261 STREETSAVER PROGRAM 58632 10/11/22 Reconciled 10/31/22 18400 NAPA AUTO PARTS STMT 9/30/22 1,878.65 58633 10/11/22 Reconciled 10/31/22 16010 PALMER, DOMINIC WWTP BOOT ALLOWANCE 275.00 PELLETREAU, ALDERSON & 10,220.30
CABRAL
58634 10/11/22 Reconciled 10/31/22 16011(2) LEGAL SVCS SEPT 2022 58635 10/11/22 Reconciled 10/31/22 03580 PLACER COUNTY HHS ANIMAL & FIELD SVCS Q2 22/23 6,323.00 58636 10/11/22 Reconciled 10/31/22 16821 PSOMAS WWTP CONST GRANT AUG 2022 10,955.00 58637 10/11/22 Reconciled 10/31/22 18099 RANDALL, SAMANTHA EVENT DEPOSIT REFUND 100.00 58638 10/11/22 Reconciled 10/31/22 19037 SAFE SIDE SECURITY CORP YARD SECURITY OCT 2022 155.00 58639 10/11/22 Reconciled 10/31/22 19037 SAFE SIDE SECURITY WWTP SECURITY 95.00 SCORE - SMALL CITIES 17,677.20
ORGANIZED
58640 10/11/22 Reconciled 10/31/22 19070 Q2 22/23 WORKER'S COMP SECURE RECORD 75.00
MANAGEMENT
58641 10/11/22 Reconciled 10/31/22 19193 SHREDDING SVCS Q2 22/23 58642 10/11/22 Reconciled 10/31/22 19474 SIMPSON & SIMPSON WHITCOMB CULVER RPR 3,312.50 58643 10/11/22 Reconciled 10/31/22 19319 SOLACE GRAPHICS REBRANDING 4,407.22 58644 10/11/22 Reconciled 10/31/22 19743 WILL STOCKWIN COLFAX CONN EDITING OCT 2022 300.00 58645 10/11/22 Reconciled 10/31/22 19696 SWRCB SRF FINANCING AGMT 438,973.80 58646 10/11/22 Reconciled 10/31/22 20092 THUMBLER PUBLIC OUTREACH CONSULTANT 600.00 Item 3C
17 CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
October 2022 Checks Processed
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 10:25 am
Date: 11/11/2022
Void/Stop
Date
Reconcile
Date
US BANK Checks
US BANK CORPORATE PMT 3,515.10
SYSTEM
58647 10/11/22 Reconciled 10/31/22 21560 STMT 9/22/22
VAN GRONINGEN & 5,557.50
ASSOCIATES
58648 10/11/22 Reconciled 10/31/22 22106 FINANCIAL SVCS SEPT 2022 VULCAN MATERIALS 239.40
COMPANY
58649 10/11/22 Reconciled 10/31/22 22240 ASPHALT
VULCAN MATERIALS 328.17
COMPANY
58650 10/11/22 Reconciled 10/31/22 22240 ASPHALT
58651 10/11/22 Reconciled 10/31/22 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 58652 10/11/22 Reconciled 10/31/22 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.99 58653 10/11/22 Reconciled 10/31/22 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 241.15 58654 10/11/22 Reconciled 10/31/22 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 276.64 58655 10/11/22 Reconciled 10/31/22 23450 WINNER CHEVROLET, INC. WWTP TRUCK MAINTENANCE 107.87 58656 10/11/22 Reconciled 10/31/22 23451 WOOD RODGERS WWTP CONST GRANT AUG 2022 3,280.00 58657 10/18/22 Reconciled 10/31/22 2087 BASIC PACIFIC FSA BENEFIT PYMT 30.00 58658 10/20/22 Reconciled 10/31/22 18119 RDO EQUIPMENT CO. VACTOR RPR 4,105.92 ALHAMBRA & SIERRA 306.75
SPRINGS
58659 10/25/22 Printed 01414 WATER
BUREAU VERITAS NORTH 488.75
AMERICA
58660 10/25/22 Printed 02901 CHEVRON PLAN CHECK
58661 10/25/22 Reconciled 10/31/22 03401 CHOICE BUILDER PREMIUMS NOV 2022 460.49 58662 10/25/22 Printed 3425 CINTAS UNIFORM SVCS SEPT 2022 754.55 58663 10/25/22 Reconciled 10/31/22 3469 CIVIC PLUS MUNICODE SUPPORT 350.00 COLFAX SMOG & AUTO 60.08
REPAIR
58664 10/25/22 Printed 03558 PW TRUCK MAINTENANCE
58665 10/25/22 Reconciled 10/31/22 04592 DACOMM WWTP INTERNET 103.45 58666 10/25/22 Reconciled 10/31/22 6203 FENNEMORE WENDEL LEGAL MATTER 1,190.00 58667 10/25/22 Reconciled 10/31/22 7798 G&T TRUCK REPAIR BACKHOE 9,273.97 58668 10/25/22 Printed 14859 GHD INC. ENG SVCS SEPT 2022 12,445.00 58669 10/25/22 Reconciled 10/31/22 07570 GRAINGER WWTP SUPPLIES 55.27 58670 10/25/22 Reconciled 10/31/22 07570 GRAINGER WWT SUPPLIES 1,041.83 58671 10/25/22 Printed 08660 HUNT AND SONS, INC. FUEL 1,644.71 58672 10/25/22 Printed 23101 LARRY WALKER ASSOCIATES NPDES PERMIT ASS SEPT 2022 903.75 58673 10/25/22 Printed 13188 MALOTT, LORIDEE EVENT DEPOSIT REFUND 100.00 58674 10/25/22 Printed 14056 NAVE, CHRIS CORNHOLE TOURNAMENT DEP REF 100.00 NORTHERN CALIFORNIA 341.30
GLOVE
58675 10/25/22 Reconciled 10/31/22 14356 RAIN GEAR
58676 10/25/22 Void 11/10/22 16300 PCWA -PLACER COUNTY WATER 0.00 58677 10/25/22 Printed 16035 PG&E ELECTRICITY 22,393.32 PLACER COUNTY EXECUTIVE 18,750.00
OFFICE
58678 10/25/22 Reconciled 10/31/22 16161 FIRE SVCS Q1 22/23 58679 10/25/22 Reconciled 10/31/22 16052 PLACEWORKS GEN PLAN UPDATE/HOUSING ELEM 832.50 58680 10/25/22 Reconciled 10/31/22 17951 R3 CONSULTING GROUP SB1383 COMPLIANCE SEPT 2022 211.75 58681 10/25/22 Reconciled 10/31/22 19065 SCI CONSULTING GROUP TOT BALLOT MEASURE 9,314.75 58682 10/25/22 Reconciled 10/31/22 19574 SHANE, LOGAN BOOT ALLOWANCE 2022 275.00 58683 10/25/22 Reconciled 10/31/22 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 272.78 58684 10/25/22 Reconciled 10/31/22 19474 SIMPSON & SIMPSON ST REPAIR 5,925.00 STATE BOARD OF 196.00
EQUALIZATION
58685 10/25/22 Reconciled 10/31/22 19650 Q1 FY 22/23 SALES TAX 58686 10/25/22 Printed 21105 UNICO ENGINEERING ARCO/LS 5 INSPECTIONS SEPT 22 7,685.60 58687 10/25/22 Printed 21452 URSU, EMMANUEL PLANNING SVCS SEPT 2022 18,025.00 58688 10/25/22 Printed 21500 USA BLUE BOOK, INC WWTP SUPPLIES 328.77 58689 10/25/22 Reconciled 10/31/22 22134 VISION QUEST TECH SUPPORT NOV 2022 3,800.00 58690 10/25/22 Reconciled 10/31/22 22134 VISION QUEST TECH SUPPORT SUPPLIES 652.50 VULCAN MATERIALS 227.09
COMPANY
58691 10/25/22 Reconciled 10/31/22 22240 ASPHALT
VULCAN MATERIALS 366.48
COMPANY
58692 10/25/22 Reconciled 10/31/22 22240 ASPHALT
VULCAN MATERIALS 286.22
COMPANY
58693 10/25/22 Reconciled 10/31/22 22240 ASPHALT
Item 3C
18 CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
October 2022 Checks Processed
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 3
Time: 10:25 am
Date: 11/11/2022
Void/Stop
Date
Reconcile
Date
US BANK Checks
VULCAN MATERIALS 352.06
COMPANY
58694 10/25/22 Reconciled 10/31/22 22240 ASPHALT
VULCAN MATERIALS 520.04
COMPANY
58695 10/25/22 Reconciled 10/31/22 22240 ASPHALT
58696 10/25/22 Reconciled 10/31/22 23169 WAVE BUSINESS SOLUTIONS FIRE DEPT PHONE 38.42 58697 10/25/22 Reconciled 10/31/22 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONE 227.73 58698 10/25/22 Reconciled 10/31/22 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 64.67 58699 10/25/22 Reconciled 10/31/22 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 107.10 58700 10/25/22 Printed 23301 WESTERN PLACER WASTE SLUDGE REMOVAL SEPT 2022 1,405.00 58701 10/25/22 Printed 23450 WINNER CHEVROLET, INC. PW TIRES 1,144.67 58737 10/25/22 Reconciled 10/31/22 2087 BASIC PACIFIC FSA BENEFIT PYMT 642.71 Total Checks: 104 Checks Total (excluding void checks): 951,972.98 Total Payments: 104 Bank Total (excluding void checks): 951,972.98 Total Payments: 104 Grand Total (excluding void checks): 951,972.98 Item 3C
19 City of Colfax Quarterly Investment Report – Quarter Ended 09/30/2022 Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Quarterly Investment Report – Quarter ended 09/30/22 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 of 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 the 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 of financial obligations. The budget for fiscal year 2022-2023 reflects nearly $4.9M in annual operating expenditures; therefore, our target for liquid short term securities would be $2.45M.
The attached schedule Analysis of Treasury Investment Pool satisfies the State’s reporting requirements.
Additionally, we have determined:
The investments held at September 30, 2022 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 1.24% for the quarter ended September 30, 2022.
There are sufficient funds on deposit to meet all anticipated City expenditures for the period October 01, 2022 through March 31, 2023.
RECOMMENDED ACTION: Accept and File.
Item 3D20
City of Colfax Quarterly Investment Report – Quarter Ended 09/30/2022 Staff Report December 14, 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 09/30/2022)
3. State of California – PMIA Average Monthly Effective Yields
4. Resolution 29-2014
Item 3D
21 City of Colfax
Analysis of Treasury Investment Pool
Quarterly Analysis - FY2021-2022
Report Date: 09/30/2022
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 8,594,953 $ 98% 1.29% Corporate Checking US Bank N/A $ 193,943 2% 0.16%
Total Investment Pool $ 8,788,896 100% 1.24%
Quarter Ended 09/30/2022
Item 3D
22 Item 3D
23 Item 3D
24 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 3D
25 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 3D
26 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 3D
27 • 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 3D
28 City of Colfax Maidu ARCO Second Amendment to Subdivision Improvement Agreement Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022, REGULAR CITY COUNCIL MEETING From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Second Amendment to Maidu Village ARCO Project Subdivision Improvement Agreement
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The proposed resolution, if adopted, will extend until June 30, 2023, the Owner’s obligation to complete all public and private improvements for the Maidu ARCO project, and will continue to require adequate security for completion of those improvements.
On December 12, 2018, the City Council adopted its Resolution 76-2018 whereby it approved a Mitigated Negative Declaration, Vesting Tentative Parcel Map, Master Site Plan and Planned Development Permit for the Maidu Development Project (the “Maidu Development Project”) and Resolution 77-2018 approving the design review permit for an ARCO Service Station at the Maidu Village Development Project in the City (the “ARCO Project”). The conditions of Project approval impose upon the project Owner the obligation to install several project improvements prior to obtaining a certificate of occupancy.
On August 31, 2022, upon request by the Owner and with the recommendation of City staff, the Council authorized execution of a Subdivision Improvement Agreement that allowed the Owner to receive a certificate of ARCO Project occupancy before completing all required ARCO Project improvements. The Subdivision Improvement Agreement obliged the Owner to deposit $36,500.00 as security for completion of the Project improvements and required the improvements to be completed no later than October 31, 2022. The Owner timely deposited the required security, which the City continues to hold.
On November 9, 2022, the City Council, based on demonstrably changed circumstances, authorized the City Manager to execute the First Amendment To Subdivision Improvement Agreement which extended until December 31, 2022, the time for the Owner to complete all Project Improvements.
Circumstances have again changed, such that Owner will not be able to complete all Project Improvements by December 31, 2022. These changed circumstances prompted the Owner to request, and staff to recommend, an extension of the December 31, 2022, deadline to June 30, 2023. The Project Improvements, which were required to be completed no later than December 31, 2022 under the First Amendment to the Subdivision Improvement Agreement, unfortunately were not able to be completed due to rain events that have prevented the use of heavy equipment. The City will continue to require adequate security for all improvements.
Outstanding project items that require completion are as follows:
• Complete access road to Mountain Village.
RECOMMENDED ACTION: Adopt Resolution __-2022 authorizing the City Manager to execute a Second Amendment to the August 31, 2022, Subdivision Improvement Agreement with Colfax Auburn, LLC, for the Maidu ARCO Project.
Item 3E
29 City of Colfax Maidu ARCO Second Amendment to Subdivision Improvement Agreement Staff Report December 14, 2022
• Remove concrete rubble pile down to first layer.
• Stabilize disturbed areas prior to forecasted rain events, install BMP’s to protect Lots 1-3. • Cover soil stockpiles prior to forecast rain events.
• Compact slope parallel to McDonald’s parcel.
• Repair torn gasket on sewer line connection at the front of the store.
Staff recommends that Council adopt the proposed resolution authorizing the City Manager to execute the Second Amendment to the Subdivision Improvement Agreement with Colfax Auburn, LLC.
Fiscal Impact
N/A
Attachments:
1. Resolution __-2022
2. Second Amendment To Subdivision Improvement Agreement Item 3E
30 _________________________________________________________________________________________ City of Colfax Colfax Auburn LLC Second Amendment To Subdivision Resolution _-2022 Improvement Agreement
City of Colfax
City Council
Resolution № __-2022
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE
SUBDIVISION IMPROVEMENT AGREEMENT WITH COLFAX AUBURN LLC,
FOR THE MAIDU VILLAGE ARCO PROJECT
WHEREAS, on December 12, 2018, the City Council adopted its Resolution 76-2018 whereby it approved a Mitigated Negative Declaration, Vesting Tentative Parcel Map, Master Site Plan and Planned Development Permit for the Maidu Development Project (the “Maidu Development Project”) and Resolution 77-2018 approving the design review permit for an ARCO Service Station at the Maidu Village Development Project in the City (the “ARCO Project”); and, WHEREAS, the conditions of Project approval require the Project developer and owner, Colfax Auburn, LLC (the “Owner”), to install various public and private Project improvements prior to issuance of a Project certificate of occupancy; and,
WHEREAS, on August 31, 2022, the City Council authorized the City Manager to execute a Subdivision Improvement Agreement that allowed the City to issue a certificate of occupancy for the ARCO Project in exchange for Colfax Auburn LLC’s agreement to complete all Project Improvements no later than October 31, 2022, and the Owner’s deposit of a valid check in the amount of $36,500.00 to secure completion of the Project improvements; and WHEREAS, on November 9, 2022, the City Council, based on demonstrably changed circumstances, authorized the City Manager to execute the First Amendment to the Subdivision Improvement Agreement which extended until December 31, 2022, the time for the Owner to complete all Project Improvements; and WHEREAS, circumstances have again changed such that Owner will not be able to complete all Project Improvements by December 31, 2022, and has requested, and City staff has recommended, an extension to June 30, 2023, to complete all required Project Improvements; and,
WHEREAS, the City Council finds and determines that execution of a second amendment to the Subdivision Improvement Agreement in the form presented to Council and the deposit of security in the form and amount required by that second amendment will adequately protect the City and is in the City’s best interests.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Colfax authorizes the City Manager to execute in the name of the City a Second Amendment To Subdivision Improvement Agreement with Colfax Auburn, LLC, in the form presented to Council for approval.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 14th of December 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT: ________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey City Clerk
Item 3E
31 SECOND AMENDMENT TO
CITY OF COLFAX
SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE MAIDU VILLAGE ARCO PROJECT
This Second Amendment to Subdivision Improvement Agreement for the Maidu Village Arco Project (“Second Amendment”) is made and entered by and among the City of Colfax, a Municipal Corporation of the State of California, and General Law City (“City”), and Colfax Auburn, LLC, a California Limited Liability Company (“Owner”). The City and Owner may be referred to herein individually as a “Party” and collectively as the “Parties”.
RECITALS
This Second Amendment is entered on the basis of the following facts, understandings and intentions of the Parties:
A. On December 12, 2018, the City Council adopted its Resolution 76-2018 approving a Mitigated Negative Declaration, Vesting Tentative Parcel Map, Master Site Plan and Planned Development Permit for the Maidu Village Development Project (the “Maidu Development Project) and Resolution 77-2018 approving the design review permit for an ARCO Service Station at the Maidu Village Development Project in the City (the “ARCO Project”).
B. The conditions of approval for the Maidu Development Project and ARCO Project impose upon the Owner a requirement for installation of certain public and private improvements at Owner expense. For purposes of this Agreement, all public and private improvements required by the Project Approvals will be referred to collectively as the “Project Improvements”.
C. The Maidu Development Project and ARCO Project Conditions of Approval require the Owner to either construct all public and private Project Improvements to the satisfaction of the City or enter into a subdivision improvement agreement for completion of all public and private improvements prior to issuance of a certificate of occupancy by the City for either Project and provide bonds, proof of workers compensation insurance and general liability insurance in forms and amounts as deemed satisfactory to the City.
D Colfax Municipal Code (“CMC”) Section 16.48.30 requires the Owner to provide various forms and amounts of security for completion of Project Improvements. CMC Section 16.48.030 D requires security in sufficient amount deemed necessary by the City to assure faithful performance of the Project Improvements in the event of default or, in the case of a subdivision, where a final map is not prepared and approved. The City and Owner estimate that the cost for completing the Project Improvements required to be completed under this Agreement, which is the basis upon which the amount of all bonding or other security will be required, is $36,500.00.
This estimate, and the final basis upon which all required bonding or other security will be established, may be adjusted by the City.
E. The City has found that this Agreement is in accordance with applicable provisions of the Colfax Municipal Code and California Law and is in the City’s best interests.
Item 3E
32 F. Effective August 31, 2022, the Colfax City Council authorized, and the Parties executed, a Subdivision Improvement Agreement for the Maidu Village Arco Project (the “Subdivision Improvement Agreement”) that required, among other things, the Owner to complete all Project Improvements no later than October 31, 2022, and to post security in the amount of $36,500.00 (the “Security Deposit”). The Owner timely posted its check in the amount of $36,500.00 as and for the Security Deposit, which the City continues to hold.
G. In accordance with the Subdivision Improvement Agreement, the City issued Owner a certificate of occupancy for the Project on August 31, 2022.
H. On November 9, 2022, the City Council, based on demonstrably changed circumstances, authorized the City Manager to execute the First Amendment To Subdivision Improvement Agreement which extended until December 31, 2022, the time for the Owner to complete all Project Improvements I. Circumstances have changed since the First Amendment To Subdivision Improvement Agreement was executed, such that Owner will not be able to complete all Project Improvements by December 31, 2022. These changed circumstances prompted the Owner to request an extension of the deadline for completing the Project Improvements. These changed circumstances and others warrant modification of the deadlines established in, and other provisions of, the Subdivision Improvement Agreement.
J. The Parties desire to amend the Subdivision Improvement Agreement to (a) extend the deadline for completing the Project Improvements either as approved or as subsequently modified, to the City’s satisfaction, and (b) to ensure that adequate security for the Project Improvements remains in place.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants contained in this Second Amendment, the City and Owner agree as follows:
Section 1: Incorporation of Recitals.
1.1 The foregoing Recitals are true and correct statements of fact and are incorporated into this Second Amendment by this reference.
Section 2: Effective Date and Term.
2.1 Effective Date. This Second Amendment shall be dated, and the obligations of the City and the Owner shall be effective as of the date upon which this Second Amendment is executed by the City (the “Effective Date”).
2.2 Term. The Term of this Second Amendment shall commence on the Effective Date and shall expire on the earlier of June 30, 2023, or when all Project Improvements are completed to the City’s satisfaction.
Section 3: Project Improvements.
3.1 The Parties acknowledge that the Owner timely posted the $36,500.00 Security Deposit required by the Subdivision Improvement Agreement. The City shall continue to hold the Security Deposit until all Project Improvements as originally approved or as subsequently modified and approved by the City Item 3E
33 are completed to the City’s satisfaction. If the Owner fails to complete all Project Improvements to the City’s satisfaction by June 30, 2023, the City may, in its sole discretion, apply the Security Deposit toward the cost of completing the Project Improvements in accordance with Colfax Municipal Code Chapter 16.48. If the Owner completes the Project Improvements to the City’s satisfaction by June 30, 2023, the Security Deposit, or so much thereof that has not been applied to completion of the Project Improvements, will be released to the Owner in accordance with Colfax Municipal Code Chapter 16.48.
3.2 The City may require the Owner to replace the Security Deposit. If the City requires replacement of the Security Deposit, the Owner shall replace the Security Deposit with equal security, or such greater or lesser amount as the City may require any time prior to the completion of the Project Improvements.
Section 4. Subdivision Improvement Agreement Otherwise Unmodified.
4.1 The remainder of the Subdivision Improvement Agreement shall remain in full force and effect.
All provisions of the Subdivision Improvement Agreement are applicable to and incorporated into this Second Amendment, except to the extent that such provisions are inconsistent herewith. If any term, condition, or provision of the Subdivision Improvement Agreement is inconsistent with the provisions of this Second Amendment, then the provisions of this Second Amendment shall control to the extent necessary to resolve or interpret any such inconsistency.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the Effective Date.
CITY:
CITY OF COLFAX, a California municipal corporation
By: ___________________________________________
Wes Heathcock, City Manager
Date:
OWNER:
COLFAX AUBURN, LLC, a California Limited Liability Company By: ___________________________________________
Sukhwinder Banghu, Manager
Date:
Item 3E
34 t
City of Colfax Lease Agreement for City-Owned Property at 99 Railroad Staff Report December 14, 2022 Street, Suite 1
Staff Report to City Council
FOR THE DECEMBER 14, 2022, REGULAR CITY COUNCIL MEETING From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Subject: Lease Agreement for City-Owned Property at 99 Railroad Street, Suite 1 Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The Depot Building at 99 Railroad Street Suite 1 has been leased since 2018 by SmartWay Auto. SmartWay leased the space for $1.00 per square foot for a total of $250.00 per month. SmartWay Auto terminated their lease in July 2022.
Tami Hampshire with Foothills Properties is the contracted property Manager for the City of Colfax. Tami advertised Suite 1 on the following sites: LoopNet Commercial, Craigslist, and Social Media advertising sites.
The property was advertised at $1.50 per square foot with no response of interest. Subsequently, the property was advertised at $1.25 with one call of interest that did not move forward. The property rental value was again reduced to the original value of $1.00 per square foot. Tami received three parties expressing interest. Denia and Stephanie were the only interested party that followed through with the application process.
Denia M. Long and Stephanie N. Layton have a therapist/counselor professional service office in Folsom. Denia and Stephanie are looking to expand their business with a location in Colfax to service their clients in the area.
The prospective tenants’ financials and credit more than exceeded the requirements needed to rent the location.
Denia and Stephanie have agreed to lease the suite at the $1.00 per square feet for $250.00 a month. The lease is for 1-year with the option to extend for a second year. The first-year term, if approved would begin December 16, 2022, through December 31, 2023.
Staff is recommending council approve the 99 Railroad Street, Suite 1 1-year lease with the option of a second year with Denia M. Long and Stephanie N. Layton.
Fiscal Impacts
N/A
Attachments:
1. Denia M. Long & Stephanie N. Layton Commercial Lease Agreement RECOMMENDED ACTION: Adopt Resolution ___-2022 authorizing the City Manager to enter into a 1- year lease with the option of a second year with Denia M. Long and Stephanie N. Layton for 99 Railroad Street, Suite 1.
Item 3F
35 Item 3F
36 Item 3F
37 Item 3F
38 Item 3F
39 Item 3F
40 Item 3F
41 Item 3F
42 Item 3F
43 Item 3F
44 Proclamation
WHEREAS, CHP Officer Chris Nave has been a dedicated public servant to the community and City of Colfax. Law enforcement runs in Chris’s family history. His Grandfather Nave served as an officer with the Los Angeles Police Department and the Placer County Sheriff Department and his Grandfather Libolt served as a military policeman in the U.S. Army. Colfax High coaches, Dick Adams and Buck Wheat, who were also CHP officers at the Gold Run Office, gave Chris inspiration for making CHP a great career choice; and, WHEREAS, At Colfax High School, after being quarterback on the football team, Chris’ leadership and prowess led to awards of All League and All-Metro. As an All-League point guard and team captain, Chris led the Falcon’s basketball team to many victories. As a pitcher and first baseman for the baseball team, Chris received All-Metro recognitions and a sports/academic scholarship to CSUS where he received his BA and MA in criminal justice: and,
WHEREAS, Chris became an officer serving at the Sacramento County Probation Department. Then came the acceptance to be an officer in the CHP where Chris served 10 years in the offices of Redwood City, Dublin and Vallejo. Chris was eventually successful in receiving a transfer to the Gold Run office. Chris served as a regular patrol officer until 2013, after which he became the CHP Public Information Officer. Having coached many different sports before his CHP appointment, Chris also wished to get back into coaching; and, WHEREAS, Chris has been married to his wife Kristin for 27 years, and the couple has two children. Daughter Aubrey, a student at Arizona State and son Bradley, a junior at Colfax High. Per Lt. Frank Newman, Chris is known to be an officer of extremely high work ethic and integrity. Throughout his career, he has been a friend and mentor to all. He always remained firm and fair in his enforcement of the law while showing great compassion to the citizens we serve.
He has taken a great interest in our local community as a coach and mentor to our youth. In his years of dedicated service, he has received multiple awards and commendations.
NOW THEREFORE, the City of Colfax City Council, does hereby recognize and congratulate, with great gratitude of his dedication and sacrifice of 29 years of service, Officer Chris Nave.
Signed this 14th day of December 2022
______________________________
Marnie Mendoza, Mayor Pro Tem
______________________________
Sean Lomen, Councilmember
_______________________________
Trinity Burruss, Mayor
_______________________________
David Ackerman, Councilmember
______________________________________
Joseph John Fatula, Jr,
Item 5A45
Councilmember
Proclamation
WHEREAS, CAL FIRE Assistant Chief Mike Rufenacht has been a Placer County resident since 1986 and started his fire service career with the South Placer Fire Protection District. Mike served the district for many years promoting to the rank of Captain. In 2007, he came to CAL FIRE where he worked as a Captain in both the Grass Valley Emergency Command Center and at Auburn Headquarters as a Station Captain. Mike holds an AA in Fire Science from Sierra College and a Bachelor’s Degree in Occupational Studies from California State University, Long Beach: and,
WHEREAS, In 2013, Mike attended the CAL FIRE POST Academy where he became certified as a California State Peace Officer and Fire Investigator. He served 7 years in the Prevention Bureau as a Prevention specialist and Law Enforcement Bureau Chief. As the Eastern Division Assistant Chief, Mike was responsible for three field Battalions and oversaw the Placer Center Fire Crews and the Fire Prevention Bureau. The Eastern Division spans one of our largest geographical areas including the Interstate 80 corridor from the western slope foothills through the Truckee basin and across the north end of Lake Tahoe and Eastern Sierra County; and,
WHEREAS, In his career, Mike has been a member and instructor on the Swiftwater and Technical Rescue Team, was a member of the Placer County Fire Department Haz Mat Team, and is a certified CSFM Fire Investigator and Fire Officer. In his peace officer duties, he was active in the training and development of the dignitary protection program, use of force policies, and Tactical EMS program management for the PCFD. Mike serves as an investigator on Serious Accident Review Team incidents and has been instrumental in building an allied relationship between the Placer County Sheriff’s Office and the Placer County Fire Department; and,
WHEREAS, Mike has served the community of Colfax and Placer County for 39 dedicated years.
NOW THEREFORE, City of Colfax City Council, do hereby recognize and congratulate, with great gratitude, CAL FIRE Assistant Chief Mike Rufenacht.
Signed this 14th day of December 2022
________________________________
Trinity Burruss, Mayor
___________________________
Marnie Mendoza, Mayor Pro Tem
________________________________ ___________________________ David Ackerman, Councilmember Sean Lomen, Councilmember Item 5B
46 ___________________________________
Joseph John Fatula, Jr, Councilmember
December 6, 2022
City of Colfax
33 So Main St
Colfax, CA 95713
RE Donation and Installation of Historic Railroad Equipment in Colfax Dear Madam Mayor and members of the City Council,
The purpose of this letter and City Council meeting presentation is to inform you of an opportunity for the City of Colfax to receive donations of historic railroad track signal equipment to install for an interpretive display in a suitable site near the historic Colfax Passenger Depot.
The Union Pacific Railroad (UP) recently retired 2 vintage searchlight track signals from use on the mainline railroad near Donner Summit. One signal is being designated for a historic railroad equipment display near the tracks close to downtown Truckee. UP wishes to donate the second vintage signal to the City of Colfax for the purpose of a similar display of historic railroad equipment. In conjunction, the Placer Sierra Railroad Heritage Society (PSRHS) possesses an even older vintage semaphore track signal to accompany the UP donated signal. Together, the two signals would be an attractive addition to enhance the interpretation of the history of the Transcontinental Railroad through the City of Colfax.
Members of PSRHS and a UP signal department employee have identified a suitable site to erect these two signals for display to the public near the northeast corner of the historic Southern Pacific passenger depot building. See the accompanying photograph on page 2 for the proposed site. We believe this would be an appropriate location for this historic railroad equipment display. This site was earmarked for the display of historic railroad equipment as part of the Depot Renovation Project that occurred between 2000 and 2007. In anticipation of using this site for eventual displays, empty underground conduit was installed before paving commenced around the depot building. This would allow electrical wiring to be fed underground from the depot building to this display location and provide power to equipment displays such as the one proposed here.
A proposed plan of action is provided below if the council approves the conceptual display and location for the signals.
Display Proposal
Item 5D
47 The members of PSRHS and the signal department of UP wish to ask the City Council members to evaluate this proposal to receive and install these vintage railroad signals to create a historic display adjacent to the Depot. If the Council is receptive to the concept, then PSRHS will begin steps to plan the construction project. These steps will include the identification of construction tasks, prepare an engineering plan, cost analysis, solicitation of contractor donations for labor and equipment, etc. We anticipate that costs to the City of Colfax will be minimal.
Location of the Proposed Vintage Railroad Signal Display Next to the Depot The attached pages provide a description and photographs of these two vintage signals prepared by Dick Dorn, a railroad historian, along with photos of a semaphore type signal that was originally located on the track side of the Colfax passenger depot.
Sincerely,
Jim Wood and Roger Staab, for Placer-Sierra Railroad Heritage Society Item 5D
48 Semaphore and Searchlight Signals
Semaphore Signal
The semaphore type signal was developed in 1898 and was first used on the Southern Pacific RR in the early 1900’s. Semaphore signals were used by the Southern Pacific between Colfax and Roseville.
Searchlight Signal
The searchlight type signal was developed in 1928 and eventually replaced the earlier semaphore signals. These were used on the Southern Pacific between Roseville and Sparks, Nevada, beginning in the late 1940’s.
The last two vintage searchlight signals used on Donner Pass between Roseville and Sparks were saved from the scrapyard by UP. They were in service at Norden until last year. UP plans on installing one of these searchlight signald in Truckee alongside a vintage semaphore signal that was donated by Dick Dorn. The proposed display in Colfax would mimic the display in Truckee.
Both these signal types have great historic value to them as they represent the signals used on the Transcontinental Railroad through Colfax and over Donner Pass in times past.
Attached are two pages of photos. The first photo page shows the two searchlight signals in service at Norden (Donner Summit) before removal, and the semaphore signal that is destined for installation at Truckee.
The second photo page shows two views of a semaphore type signal that was originally located on the track side of the Colfax passenger depot.
Item 5D
49 Searchlight Signals at Donner Summit Vintage Semaphore Signal Item 5D
50 The semaphore type train order signal in front of the Colfax Depot (steam era) The semaphore type signal in front of the Colfax Depot in the diesel era Item 5D
51 City of Colfax Mitigation Impact Fees – Annual Report Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Mitigation Impact Fees – Annual Report
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The State of California, through the enactment of Government Code Section 66000 et seq. (the “Mitigation Fee Act”), conferred upon local government units authority to adopt fees imposed on a broad class of projects and fees imposed on specific projects for the purpose of defraying all or a portion of the cost of public facilities related to the development project. The City of Colfax Municipal Code Chapter 3.56 established the local authority for imposing Mitigation Impact Fees as allowed by the Mitigation Fee Act.
Colfax Municipal Code §3.56.120B requires the City to complete an annual AB1600 Mitigation report and Council to review the annual report at a noticed public hearing. At the close of the hearing, the Council must determine whether the mitigation impact fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed. The Council is authorized to revise the mitigation impact fees to include additional projects not previously foreseen as being needed.
The City maintains separate fund accounts for each mitigation fee type. The City has established the following Mitigation Impact Fees:
1. Fund 210 - Roads
2. Fund 211 - Drainage
3. Fund 212 - Trails
4. Fund 213 - Parks and Recreation
5. Fund 214 - City Buildings
6. Fund 215 - City Vehicles
7. Fund 217 - Downtown Parking
8. Fund 342 - Fire Construction Fees
9. Fund 343 - Recreation Construction Fees
These funds earn and accumulate interest and all expenditures from these funds have been for the purpose for which the fees were collected. A detailed financial analysis by fund and a schedule of mitigation fees are attached as part of this report.
Mitigation Fees are accounted for using the accounting method known as FIFO (first in, first out), which means the first revenue received is assumed to be the first spent. State law and the Colfax Municipal Code require the City to prepare an annual report for each fund established to account for Mitigation Impact Fees. The report must RECOMMENDED ACTION: Conduct public hearing, review annual report, consider public and staff comments, accept report and adopt Resolution № ______: Accepting And Approving the Annual AB 1600 Mitigation Fee Report And Making Findings Pursuant To Colfax Municipal Code Chapter 3.56 And The Mitigation Fee Act (Government Code §66000 Et Seq)
Item 6A52
City of Colfax Mitigation Impact Fees – Annual Report
Staff Report December 14, 2022
include (1) A brief description of the type of fee in the account or fund (Government Code §66006(b)(1)(A)) , (2) the amount of the fee (Government Code §66006(b)(1)(B)), (3) the beginning and ending balance of the account or fund (Government Code §66006(b)(1)(C)), (4) the amount of the fees collected and the interest earned (Government Code §66006(b)(1)(D)), (5) an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees (Government Code §66006(b)(1)(E)), (6) an identification of an approximate date by which the construction of the public improvement will commence if the city determines that sufficient funds have been collected to complete financing on an incomplete public improvement (Government Code §66006(b)(1)(F)), (7) a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan (Government Code §66006(b)(1)(G)) and (8) the amount of refunds made and allocations made if the cost of making a refund exceeds the amount to be refunded.
Public Notice
This report was available at City Hall counter by: November 21, 2022 Notice of Public Hearing was published: Auburn Journal December 4, 2022 Staff recommends that Council Accepts And Approves the Annual AB 1600 Mitigation Fee Report And Makes Findings Pursuant To Colfax Municipal Code Chapter 3.56 And The Mitigation Fee Act (Government Code §66000 Et Seq).
Attachments:
1. Resolution 2022-XX
2. Annual AB1600 Report
3. Mitigation Fee Schedule
The 2006 Mitigation Fee Study and 2006 Mitigation Fee Council Minutes are available at City Hall.
Item 6A
53 Roads Drainage Trails Parks & Rec City Building City Vehicle Downtown
Parking
Recreation
Construction
Fire
Construction Total
210 211 212 213 214 215 217 342 343
Beginning Balance 07/01/21 $ 254,267.67 $ 5,387.73 $ 74,289.42 $ 188,845.17 $ 74,146.54 $ 16,031.29 $ 51,469.41 $ 75,543.21 $ 75,543.68 $ 815,524.12
REVENUE
Fees Collected* $ 84,240.26 -$ 557.88 $ $ 2,837.23 $ 26,990.58 $ 6,057.01 $ 22,176.85 $ 150.00 $ 143,159.81 150.00 $ Interest Earnings $ 923.00 $ 20.17 $ 279.38 $ 714.09 $ 352.11 $ 76.76 $ 175.34 $ 282.97 $ 282.97 $ 3,106.79 Other Revenue -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Transfers in -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
$ 85,163.26 $ 20.17 $ 837.26 $ 3,551.32 $ 27,342.69 $ 6,133.77 $ 22,352.19 $ 432.97 $ 146,266.60 432.97 $
EXPENDITURES
Project Expenditures $ 197,939.89 -$ -$ -$ -$ -$ 30,430.50 $ -$ -$ 228,370.39 $ Refunds -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
$ 197,939.89 -$ -$ -$ -$ -$ 30,430.50 $ -$ -$ 228,370.39 $ Revenue Over/(Under) Expenditures $(112,776.63) $ 20.17 $ 837.26 $ 3,551.32 $ 27,342.69 $ 6,133.77 $ (8,078.31) $ 432.97 $ 432.97 $ (82,103.79) Ending Balance at 06/30/22 $ 141,491.04 $ 5,407.90 $ 75,126.68 $ 192,396.49 $ 101,489.23 $ 22,165.06 $ 43,391.10 $ 75,976.18 $ 75,976.65 $ 733,420.33 Roads Drainage Trails Parks & Rec City Building City Vehicle Downtown
Parking
Recreation
Construction
Fire
Construction Total
210 211 212 213 214 215 217 342 343
Project: Roundabout Monument $ 71,633 $ - $ - $ - $ - $ - $ - $ - $ - $ 71,633 100% Project: S Auburn/Whitcomb Improvements $ 126,307 $ - $ - $ - $ - $ - $ - $ - $ - $ 126,307 100% Project: 101 RR Parking Lot Improvements $ - $ - $ - $ - $ - $ - $ 30,431 $ - $ - $ 30,431 100% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Total Expenditures by Project $ 197,940 $ - $ - $ - $ - $ - $ 30,431 $ - $ - $ 228,370 Percentage
Funded with
Mitigation Fees
City of Colfax
Annual Report on Mitigation Fees Per Government Code 66000 AB1600 Statement - Fiscal Year 2021-2022
Analysis of Change in Fund Balance
Expenditures by Project
Item 6A54
MITIGATION FEE BY LANDUSE & TYPE
COLFAX MITIGATION FEE STUDY
Mitigation Fee 3.56 Single Multi Office Retail Industrial Item Code/Ordinance Section Family Family Building Building Building per unit per unit per 1000 sf per 1000 sf per 1000 sf
Roads 3.56.030A $ 1,301 1,802 $ 5,285 $ 6,342 $ 1,172 $ Drainage Study 3.56.030B $ 74 $ 48 $ 57 $ 68 $ 43Drainage systems on e-w culverts 3.56.030C $ 2,216 3,416 $ 2,616 $ 3,139 $ 1,962 $ Trails 3.56.030D $ 787 1,125 $ $ 35 $ 31 $ 12Park & Rec. 3.56.030E $ 4,011 5,731 $ 178 $ $ 160 $ 63City Buildings 3.56.030F $ 684 $ 494 $ 2,007 $ 2,409 $ 445City Vehicles 3.56.030G $ 130 $ 94 $ 380 $ 456 $ 84Downtown Parking 3.56030H $ 581 $ 420 $ 1,705 $ 2,046 $ 378Mitigation Fee Study $ - $ - $ - $ - $ - per unit per unit Totals for a 10,000
sf building,
example
Total $ 9,372 13,543 $ 122,628 $ 146,522 $ 41,595 $ Totals areas not using e-w culverts $ 7,156 10,126 $ 96,465 $ 115,128 $ 21,974 $ Item 6A
55 City of Colfax Declaring the results of the General Municipal Election held on November 8, 2022 for election of City Councilmembers and voter response to Measure B
Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Declaring the results of the General Municipal Election held on November 8, 2022 for election of City Councilmembers, and voter response to Measure B.
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
RECOMMENDED ACTION: Adopt Resolution__-2022 declaring the results of the General Municipal Election held on November 8, 2022 1.) Electing 3 City Councilmembers and 2.) adopting Ordinance № 548 Amending Colfax Municipal Code Title 3, Chapter 3.20 to Charge the Transient Occupancy Tax on All Persons Receiving Revenue from Hotel Occupancy (Such as On-Line Hotel Brokers and Vacation Rental Agencies) and Increasing the Rate to 10%.
Summary/Background
A General Municipal Election was held in the City of Colfax on Tuesday, November 8, 2022. That election was consolidated with the statewide General Election as allowed by law.
In Colfax, 1,448 votes were cast to fill three City Council seats with four-year terms. Six candidates ran to fill the open three seats. Measure B was also on the ballot, garnering 677 votes.
Measure B read: “To support essential City services, including police, fire, road and pothole repair, and parks and recreation, shall the measure increasing the Transient Occupancy Tax (paid only by hotel/motel/short-term rental guests) rate from 8% to 10% and expanding the obligation to collect Transient Occupancy Tax to all persons receiving compensation from such rentals, generating an estimated $29,000 annually until ended by the voters, be adopted?” Measure B had to have a majority vote to go into effect under California Constitution Article XIIIC, Section 1(c).
The results of the official canvass of the votes that was certified on December 7, 2022 are:
Measure B Vote Distribution
Yes 473 (69.87%)
No 204 (30.13% )
Candidate for City Council Member (4-year
term)
Number of Votes Percent of Votes Cast
Trinity Burruss 368 25.41%
Sean Lomen 331 22.86%
Kim A. Douglass 219 15.12%
Rosendo “Rocky” Orozco 208 14.36%
Item 9A
56 City of Colfax Declaring the results of the General Municipal Election held on November 8, 2022 for election of City Councilmembers and voter response to Measure B
Staff Report December 14, 2022
Joseph John Fatula, Jr. 183 12.64%
Larry Hillberg 139 9.60%
Zero (0) votes were cast for write-in candidates.
The official canvass of the votes establishes that Trinity Burruss, Sean Lomen, and Kim A. Douglass are duly elected to the office of Member of the Colfax City Council for four-year terms. Measure B passed and becomes effective January 1, 2023. The official canvass of the votes was timely submitted as required by law.
California law requires the City Council to adopt a resolution declaring the fact of the election, the total votes cast, the names of the persons voted for, the office for which each person was voted for and the number of votes given to each person. See Elections Code Section 10263. The resolution must be adopted before the new Council Members are administered the Oath of Office. The attached resolution meets all legal requirements.
Since this was a consolidated election, the City Council is required to declare the results of the election no later than its first regular meeting after the official canvass of election returns. December 14, 2022 is the first regular Colfax City Council meeting after the official canvass and is the appropriate time to adopt the proposed resolution.
Attachments:
1 Resolution__-2022
2. Ordinance 548
Item 9A
57 City of Colfax Declaring the results of the General Municipal Election held on November 8, 2022 for election of City Councilmembers and voter response to Measure B
Resolution __-2022
City of Colfax
City Council
Resolution № __-2022
DECLARING THE RESULTS OF THE GENERAL MUNICPAL ELECTION
HELD ON NOVEMBER 8, 2022 FOR ELECTION OF CITY COUNCILMEMBERS AND VOTER
RESPONSE TO MEASURE B
WHEREAS, a General Municipal Election was held in the City of Colfax on Tuesday, November 8, 2022 as required as required by law; and,
WHEREAS, notice of said election was duly and regularly given, voting precincts were properly established and furnished, and in all respects said election was held and conducted and the votes cast therat received and canvassed and the returns thereto made; and, WHEREAS, it determined the City Council has received the canvass of the County Clerk certifying the results of said election and finds that the number of votes cast, the names of the persons voted for and other matters required by law, to be as hereinafter stated.
NOW THEREFORE, BE IT RESOLVED AND DECLARED BY the City Council of the City of Colfax as follows:
1. A General Municipal Election was held and conducted in the City of Colfax on Tuesday, the 8th day of November 2022 in time, form and manner as required by law with the following results.
2. There were 3 voting precincts established for the City of Colfax for the purpose of holding said election.
3. The total number of votes cast in the City of Colfax at said election was 1,448 for the members of the City council four-year term and 677 concerning Measure B.
4. The names of the persons receiving votes, the offices for which they received votes and the number of votes received by each of said person are as follows:
Candidate Office Sought Number of Votes
Trinity Burruss City Councilmember – 4 year 368
Sean Lomen City Councilmember – 4 year 331
Kim A. Douglass City Councilmember – 4 year 219
Rosendo “Rocky” Orozco City Councilmember – 4 year 208
Joseph John Fatula, Jr City Councilmember – 4 year 183
Larry Hillberg City Councilmember – 4 year 139
Zero (0) votes were cast for write-in candidates.
5. At the General Municipal Election held in the City of Colfax on November 8, 2022, Trinity Burruss, Sean Lomen, and Kim A. Douglass were duly elected to the office of City Council Member for the full _________________________________________________________________________________________ Item 9A
58 _________________________________________________________________________________________ City of Colfax Declaring the results of the General Municipal Election held on November 8, 2022 for election of City Councilmembers and voter response to Measure B
Resolution __-2022
term of four (4) years from and after December 14, 2022 and until a successor is elected and qualified, as determined by a majority of the votes cast.
6. At the General Municipal Election held in the City of Colfax on November 8, 2022, Measure B read: “To support essential City services, including police, fire, road and pothole repair, and parks and recreation, shall the measure increasing the Transient Occupancy Tax (paid only by hotel/motel/short-term rental guests) rate from 8% to 10% and expanding the obligation to collect Transient Occupancy Tax to all persons receiving compensation from such rentals, generating an estimated $29,000 annually until ended by the voters”. As a measure imposing a general tax, the measure required a majority vote. 677 votes were cast regarding Measure B.
Measure B Vote Distribution
Yes 473 (69.87%)
No 204 (30.13% )
Measure B passed and becomes effective January 1, 2023.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 14th of December, 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 9A
59 EXHIBIT A
ORDINANCE
CITY OF COLFAX
ORDINANCE NO. 548
AN ORDINANCE OF THE CITY OF COLFAX AS APROVED BY THE CITY’S QUALIFIED ELECTORS AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, AMENDING COLFAX MUNICIPAL CODE TITLE 3, CHAPTER 3.20 TO CHARGE THE
TRANSIENT OCCUPANCY TAX ON ALL PERSONS RECEIVING REVENUE FROM HOTEL
OCCUPANCY (SUCH AS ON-LINE HOTEL BROKERS AND VACATION RENTAL AGENCIES) AND INCREASNG THE RATE TO 10%
The People of the City of Colfax do ordain as follows:
Section 1.
Colfax Municipal Code Title 3, Chapter 3.20 is hereby amended in the form and substance contained in the Ordinance text attached hereto and incorporated herein by this reference.
Section 2. Superseding 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. In particular, but not by way of limitation, pursuant to CEQA Guidelines Section 15378(b)(4), adoption of this ordinance as a government funding mechanism is not a project subject to the requirements of CEQA.
Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.
Item 9A60
EXHIBIT A
ORDINANCE
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 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. Election.
Voter approval of this ordinance shall have the effect of making the change to the definition of “Operator” and increasing the transient occupancy tax rate from eight percent to ten percent (paid only by hotel/motel/shortterm rental guests). If the measure is defeated, the Colfax Municipal Code will remain unchanged.
Section 6: Remainder Of Chapter 3.20 To Remain In Full Force And Effect.
Except as amended by this Ordinance, the remainder of Colfax Municipal Code Title 3, Chapter 3.20 shall remain in full force and effect.
Section 7. Adoption and Effective Date.
If a majority of qualified electors vote in favor of the ballot measure regarding this ordinance, this ordinance shall be adopted and effective upon the date the vote approving it is declared by the Colfax City Council.
Section 8. Execution.
The People of the City of Colfax hereby authorize the Mayor and City Clerk of the City to execute this ordinance to reflect its adoption at the November 8, 2022, election.
I hereby certify that the foregoing ordinance was duly adopted by a majority of the voters of the City casting votes on the question at the November 8, 2022, election. ______________________________
Trinity Burruss, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Alfred Cabral Marguerite Bailey
City Attorney City Clerk
Item 9A61
EXHIBIT A
ORDINANCE
CITY OF COLFAX
ORDINANCE NO. 548
AN ORDINANCE OF THE CITY OF COLFAX AS APROVED BY THE CITY’S
QUALIFIED ELECTORS AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, AMENDING COLFAX MUNICIPAL CODE TITLE 3, CHAPTER
3.20 TO CHARGE THE TRANSIENT OCCUPANCY TAX ON ALL PERSONS
RECEIVING REVENUE FROM HOTEL OCCUPANCY (SUCH AS ON-LINE HOTEL
BROKERS AND VACATION RENTAL AGENCIES) AND INCREASNG THE TAX RATE TO 10%
Colfax Municipal Code Title 3, Chapter 3.20 is hereby amended as follows.
1. Amendment Of Section 3.20.010 By Expanding The Definition Of “Operator”.
The definition of “Operator” contained in Colfax Municipal Code Section 3.20.010 is hereby set forth for voter approval to read as follows:
“Operator” means
A. The person or entity possessing or having an ownership interest in a hotel, or who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity; or
B. The person or entity engaged in the business of operating a hotel; or C. The person or entity who receives any consideration for the rental of a hotel room for sleeping accommodations, including, without limitation, any broker, managing agent, booking agent, room seller, room reseller, service provider, or other agent or contractee, including but not limited to on-line room sellers, on-line room resellers and on-line travel agents of any type or character:
1. With which a hotel has contracted to arrange for the rental of a hotel room for sleeping accommodations; or
2. That has acquired any hotel room for subsequent rental from the hotel for sleeping accommodations.
Where the operator performs his, her or its functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purpose of this chapter and shall have the same duties and liabilities as his or her principal.
Compliance with the provisions of this chapter by either the principal, or the managing agent, or the person or entity who receives consideration as provided above, shall be considered to be compliance by all.”
Item 9A62
EXHIBIT A
ORDINANCE
2: Amendment Of Section 3.20.020 A By Increasing The Tax Rate.
Colfax Municipal Code Section 3.20.020 A is hereby set forth for voter approval to read as follows:
“Section 3.20.020 A. For the privilege of occupancy in any hotel or lodging establishment, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city.” Item 9A63
City of Colfax Oath of Office and Seating of New Councilmembers Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Oath of Office and Seating of New Councilmembers Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
RECOMMENDED ACTION: Recognition of retiring Councilmembers and Oath of Office of newly elected Councilmembers from the term beginning December 14, 2022 through the first City Council Meeting after the Certification of the November 2026 election.
Summary/Background
The City of Colfax would like to formally recognize Councilmember Joseph John Fatula, Jr's committed service on the Colfax City Council from 2018-2022. His hard work and attention to detail has been evident in many City projects. His diligent and dedicated work ethic are dully noted.
Newly elected City Councilmembers will take their Oath of Office and accept their position.
OATH OF OFFICE
FOR PUBLIC OFFICERS AND EMPLOYEES
(State Constitution, Art. XX, Sec. 3 as amended)
STATE OF CALIFORNIA
§
COUNTY OF PLACER
I, ________________ do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of Councilmember upon which I am about to enter into in and for the City of Colfax, County of Placer, State of California, according to the best of my ability.
_________________________________
____________________, Councilmember
Subscribed and sworn to before me this 14th day of December, 2022. ___________________________________
City Clerk
Item 9B64
City of Colfax Rotation of City Council Officers: Mayor and Mayor Pro Tem Staff Report December 14, 2022
Staff Report to City Council
FOR THE DECEMBER 14, 2022 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Rotation of City Council Officers: Mayor and Mayor Pro Tem Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
RECOMMENDED ACTION: Select a Mayor and Mayor Pro Tem to serve in 2023.
Summary/Background
The ceremonial nature of the first Colfax City Council meeting in December usually involves rotating the Mayor and Mayor Pro Tem chairs. The rotation is typically accomplished by nominations to fill both seats and adoption of motions approving the nominations.
To a limited extent, the Mayor/Mayor Pro Tem selection process is statutory. Government Code §36801 requires the City Council to meet at the meeting at which the declaration of election results is made and choose a Mayor and a Mayor Pro Tem after the election results are formally declared and the oath of office is administered to the newly elected Council members. The statute does not otherwise address how a Mayor or Mayor Pro Tem is selected.
Council adopted a policy to address the selection process not covered by the law. On October 23, 2019, the Council adopted the following policy regarding the selection of Mayor and Mayo Pro Tem:
“The Council’s general policy is that every member should have the opportunity to rotate into and serve as Mayor Pro Tem and Mayor for succeeding one-year terms in each position. The Council reserves discretion to vary from this policy and the procedures it establishes.
1. The Council will choose one of its members as Mayor and one of its members as Mayor Pro Tem as follows:
A. At the first regular Council meeting in December of each year during which there is no general election, the Council shall, by majority vote of a quorum present and voting, select its Mayor and Mayor Pro Tem for the ensuing calendar year.
B. In years during which there is an election of members of the Council, the selection shall be made following the declaration of the election results and installation of the members elected. That selection will be made at the first regular Council meeting in December provided, however, that if for any reason the declaration of election results is delayed beyond the first meeting in December, then the selection of Mayor and Mayor Pro Tem shall be made at the meeting at which the declaration of election results is made, and after the declaration and installation of the members Item 9C
65 City of Colfax Rotation of City Council Officers: Mayor and Mayor Pro Tem Staff Report December 14, 2022
elected.
2. This is the process the Council will follow each time a Mayor and Mayor Pro Tem is selected:
A. The Mayor Pro Tem shall be seated as Mayor.
B. The Council shall by majority vote of a quorum present and voting select one of its members to serve as Mayor Pro Tem
C. Council members who have served as Mayor Pro Tem or Mayor since their most recent election or appointment to the Council shall serve as Mayor Pro Tem after Council Members who have not served in either position
D. The public shall be invited to comment on the selection of Mayor and Mayor Pro Tem before a vote of the Council on either office is taken.”
If the Council follows this most recently adopted policy, then Mayor Pro Tem Mendoza will assume the position of Mayor and another member of the City Council will be seated as Mayor Pro Tem. The policy preserves the Council’s discretion to vary from the established rotation.
There is no legally defined process by which Council members are nominated for the office of Mayor or Mayor Pro Tem. Robert’s Rules of Order does not require nominations to be seconded, but Colfax has never formally adopted Robert’s Rules as its parliamentary procedure. The custom in Colfax is for nominations to be made and seconded. Once all nominations are made, those for which a second has also been made are voted on. The first nominee to receive the required number of votes is then seated.
The Council policy requires a majority vote of a quorum present and voting to select its Mayor and Mayor Pro Tem. If four or five Council members are present and voting, three affirmative votes are required to make the selection. If three Council members are present and voting, two affirmative votes are required to make the selection.
Selection of Mayor and Mayor Pro Tem is uniquely a function of the Council. The Council establishes City Policy which staff is bound to implement. It is not appropriate for staff to become involved in the Council’s selection of its officers except to provide factual information for Council’s consideration.
Item 9C66