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.
June 14, 2023
City Council Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Trinity Burruss ⋅ Mayor Pro Tem Kim Douglass
Councilmembers ⋅ David Ackerman ⋅ Sean Lomen
REGULAR MEETING AGENDA
June 14, 2023
Closed Session 6:00 PM
Regular Session to Follow
You may access the meeting and address the Council by any of the following means:
ZOOM at
https://us02web.zoom.us/j/82570825109
Dial in by calling one of the numbers listed below and enter the Webinar ID:
825 7082 5109
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
1A. Call Closed Session to Order
1B. Roll Call
1C. Public Comment (On Closed Session Item)
1D. Public Employment Pursuant to Government Code Section 54957. Position to be Filled: City Manager.
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
Thisis the time for changesto the agenda to be considered including removal, postponement, or change to the agenda sequence. 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.
June 14, 2023
Recommended Action: By motion, accept the agenda as presented or amended. 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. 2022 Annual Housing Element Progress Report (Pages 5-8) Recommendation: Adopt Resolution __-2023 accepting the 2022 Annual Housing Element Progress Report and authorizing staff to send the report to the State 3B. Cash Summary – May 2023 (Pages 9-15)
Recommendation: Accept and File.
3C. Annual Finance Activities (Pages 16-29)
Recommendation: Accept and File.
3D. Shady Glen Sewer Consolidation CWSRF Planning Grant Application (Pages 30-61) Recommendation: Adopt Reolsution__-2023 authorizing the City Manager to execute a professional services agreement with Wood Rodgers to prepare two Clean Water State Revolving Fund Planning Grant Applications for the consolidation of the shady Glen Mobile Home Park wastewater system with the City of Colfax wastewater system in an amount not to exceed $41,600. 3E. FY 2023/2024 SB 1 Funding Project List (Pages 62-66) Recommendation: Adopt Resolution__-2023 to adopt a list of potential projects for Fiscal year 2023-2024 to be funded in full or in part by SB 1, the Road Repair and Accountability Act, ensuring eligibility for State of California Road Maintenance and Rehabilitation Account (RMRA) revenues.
3F. Annual Appropriation Limits (Pages 67-75)
Recommendation: Adopt Resolution __-2023 certifying compliance with the Fiscal Year 2022- 2023 Appropriation Limitation and establishing the Appropriation Limitation for the Fiscal year 2023-2024.
*** End of Consent Calendar ***
4 AGENCY REPORTS
4A. Placer County Sheriff’s Office
4B. California Highway Patrol
4C. Placer County Fire Department/CALFIRE
4D. Non-Profits
5 PRESENTATION
5A. Fire Season Fuels and Weather Outlook
Presentation By: Placer County Fire/CALFIRE Assistant Chief Bob Counts Recommendation: Receive the update.
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.
June 14, 2023
6 PUBLIC HEARING
6A. 143 Whitcomb Ave. (APN 006-072-001) (Pages 76-218)
Recommendation: Approve a design Review application to allow the construction of a 332-unit self-storage facility, subject to conditions.
6B. Delinquent Sewer Service Charges and Refuse Collection Fees (Pages 219-228) Recommendation: Conduct a public hearing to consider comments and adopt Resolution__-2023 and __-2023 requesting collection of delinquent sewer and refuse collection fees on the Placer County Tax Roll for Tax Year 2023-2024.
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 Informational Items – All Councilmembers 8B. City Operations Update – (As Applicable)
9 COUNCIL BUSINESS
9A. Draft Short-Term Rental Regulations. (Pages 229-249) Recommendation: Provide direction on the preparation of a draft ordinance to allow short-term rentals.
9B. Appointment of City of Colfax Councilmember
Recommendation: Discuss as necessary.
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.
June 14, 2023
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. 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 Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Emmanuel Ursu, City Planner
2022 Annual Housing Element
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
RECOMMENDED ACTION: Adopt Resolution __-2023 accepting the 2022 Annual Housing Element Progress Report and authorizing staff to send the report to the State.
Summary/Background
State law requires local jurisdictions to report annually on their progress in implementing the Housing Element of their General Plan. Annual Progress Reports (APR) are to be filed with the California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) by April 1st (with a 60-day grace period) for the prior calendar year (2022). The APR must be considered at a City Council meeting prior to submission to the State.
2022 ANNUAL PROGRESS REPORT
Pursuant to Government Code Section 65400(a)(2) local jurisdictions must provide an Annual Progress Report (APR) to the State of California State law requires local jurisdictions to present the report to the City Council at a meeting prior to submission to HCD and OPR (California Government Code Section 65400(a)(2)(B)). Attachment 1 is a draft City Council Resolution accepting the APR and authorizing submittal to HCD.
Staff prepared a draft APR which includes a list of land use entitlement approvals for residential development, building permits issued for new housing and final inspections for completed housing (Attachment 2). The following is a summary of the land use entitlements, building permits issued, and final inspections for new residential units in 2022.
Type of Approval Location Number Affordability1
Land use entitlement (i.e. subdivision,
design review)
Historic Colfax
Hotel
8 apartments Moderate-income
Building permit n/a 0 n/a
Final building inspection Sierra Oaks
Shadow Wood
8 single-family
1 ADU
Above moderate
Moderate-income
1. Affordability: Household income level at which the dwelling unit is affordable where Above moderate income is affordable for households that earn 120% or more of the area median income (AMI), Moderate-income is affordable for households that earn between 80% and less than 120% of the AMI, Low-income is affordable for households that earn between 50% and less than 80% of the AMI, and Very low-income households is affordable for households that earn less than 50% of the AMI.
Attachments
1. Resolution __ -2023
2. 2022 Housing Element Annual Progress
Report
City of Colfax
Staff Report June 14, 2023,
2022 Annual Housing Element Progress Report
Item 3A
5 Progress Report
City of Colfax
City Council
Resolution № -2023
ACCEPTING THE UPDATE ON THE 2022 ANNUAL HOUSING ELEMENT PROGRESS
REPORT AND AUTHORIZING STAFF TO SEND THE REPORT TO THE STATE WHEREAS, California Government Code Section 65400(a)(2) requires the planning agency to provide an annual report to the City Council, the Governor's Office of Planning and Research, and the State Department of Housing and Community Development (HCD) regarding progress toward implementation of the housing element of the general plan; and
WHEREAS, planning staff has prepared an annual progress report for the calendar year 2022, utilizing the prescribed forms and instructions provided by the California Department of Housing and Community Development; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented to date.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax accepts the update on the 2022 Annual Housing Element Progress Report and authorizes staff to send the report to the State.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 14 th of June 2023 by the following vote of the
Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Trinity Burruss, Mayor
ATTEST:
Marguerite Bailey, City Clerk
City of Colfax 2022 Annual Housing Element Progress Report Resolution -2023
Item 3A6
Atachment 2
Item 3A7
Atachment 2
Item 3A8
City of Colfax Cash Summary – May 2023
Staff Report June 14, 2023
Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Laurie Van Groningen, Finance Director
Cash Summary – May 2023
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 regarding 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 May 2023. Some monthly highlights are listed below:
May revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of March 2023 (twomonth lag). o Second allocation (40%) from Placer County of fiscal year property tax revenues and direct charges.
o Reimbursements on capital projects from Grant funding. May expenditures included:
o Approved capital project expenditures – expenditures on WWTP Construction Grant and other grant funded projects.
o Quarterly payment for Fire Services.
o City litigation expenses
Negative cash fund balances at the end of May are due to the 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. All allocations will be funded by the end of the fiscal year. o Fund 300 – Capital Projects. This is the new project for the installation of a metal storage building at the City Corporation Yard. The project is slated to be paid for by Mitigation Fund 214 – City Buildings. Funds are to be transferred at project completion.
RECOMMENDED ACTION: Accept and File.
Item 3B9
City of Colfax Cash Summary – May 2023
Staff Report June 14, 2023
o Fund 358 – CDBG Road Rehabilitation. This is a reimbursable grant – the final funding of the grant is now in progress. CDBG has approved the start date of expenditures. Any unfunded expenditures would require allocation from other Funds. o Fund 367 – SB2 Planning Grant – this is a reimbursable grant. Reimbursement requests were submitted in May to two grant funding sources.
o Fund 376 – Downtown Streetscape – This project is primarily (89%) funded with grant funds on a reimbursement basis. Reimbursement requests are expected to be submitted on a quarterly basis.
The balance of funding (11%) will be a City General Fund match. o Fund 378 – Zoning Code Update. This project is 100% funded with grant funds on a reimbursement basis. Reimbursement requests are expected to be submitted on a quarterly basis.
Reimbursement requests are can be submitted monthly based on project activity. o Fund 575 – WWTP Construction Grant. This is a reimbursable grant. Reimbursement requests are scheduled to be submitted quarterly. Reimbursement request (#5) was submitted in March and payment was received in May. Next request scheduled for end of fiscal year. o Fund 577 – Capital Projects. This is the new project for the installation of a metal storage building at the Waste Water Treatment Plant. The project is slated to be funded by Fund 564 – Sewer Connection Fees. Funds to be transferred at project completion. Anticipated revenues/expenditures for June include:
o Revenues
Allocation for Sales Tax revenues reported/paid to the State for the month of April 2023 (two-month lag).
o Expenditures
Approved capital project expenditures.
Quarterly payment for Sheriff services.
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 3B10
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 $3,644 $3,560 $3,935 $4,039 $3,819 $3,765 $4,087 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
$4,500
City of Colfax - May 2023
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2022-23 >>
Item 3B11
Balance
04/30/2023 Revenues In* Expenses Out* Transfers Balance 05/31/2023 US Bank $ 125,377.00 $ 1,112,487.26 $ (334,326.19) $ (575,000.00) $ 328,538.07 LAIF $ 8,597,626.14 $ - $ - $ 575,000.00 $ 9,172,626.14 Total Cash - General Ledger 8,723,003.14 $ $ 1,112,487.26 $ (334,326.19) $ - 9,501,164.21 $ Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 8,723,303.14 $ 1,112,487.26 $ (334,326.19) $ - 9,501,464.21 $ Change in Cash Account Balance - Total $ 778,161.07
Attached Reports:
1. Cash Transactions Report (By Individual Fund)
2. Check Register Report (Accounts Payable) $ (243,519.73) Cash Receipts $ 917,142.00
Payroll Checks and Tax Deposits $ (72,756.14)
Utility Billings - Receipts $ 177,294.94
LAIF Interest $ -
Voided Checks $ -
$ 778,161.07 $ -
*Does not include transfers between funds
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
May 31, 2023
Item 3B12
Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 3,575,181.77 $ 470,766.18 $ (148,897.43) $ 3,897,050.52 Fund: 120 - Land Development Fees $ 183,068.73 $ - $ (311.18) $ 182,757.55 Fund: 200 - Cannabis Application $ 7,424.99 $ - $ - $ 7,424.99 Fund Type: 1.11 - General Fund - Unassigned $ 3,765,675.49 $ 470,766.18 $ (149,208.61) $ 4,087,233.06 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ 39,737.00 $ - $ - $ 39,737.00 Fund: 571 - AB939 Landfill Diversion $ 23,317.26 $ - $ - $ 23,317.26 Fund: 572 - Landfill Post Closure Maintenance $ 816,690.10 $ - $ (4,884.24) $ 811,805.86 Fund Type: 1.14 - General Fund - Restricted $ 879,744.36 $ - $ (4,884.24) $ 874,860.12 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 202 - ARPA American Rescue Plan Act $ - $ - $ - $ - Fund: 210 - Mitigation Fees - Roads $ 143,627.08 $ - $ - $ 143,627.08 Fund: 211 - Mitigation Fees - Drainage $ 5,489.55 $ - $ - $ 5,489.55 Fund: 212 - Mitigation Fees - Trails $ 76,260.85 $ - $ - $ 76,260.85 Fund: 213 - Mitigation Fees - Parks/Rec $ 195,301.03 $ - $ - $ 195,301.03 Fund: 214 - Mitigation Fees - City Bldgs $ 103,021.37 $ - $ - $ 103,021.37 Fund: 215 - Mitigation Fees - Vehicles $ 22,499.69 $ - $ - $ 22,499.69 Fund: 217 - Mitigation Fees - DT Parking $ 44,046.17 $ - $ - $ 44,046.17 Fund: 218 - Support Law Enforcement $ 5,209.23 $ - $ - $ 5,209.23 Fund: 244 - CDBG Program Inc - ME Lending $ 2,508.56 $ - $ - $ 2,508.56 Fund: 250 - Streets - Roads/Transportation $ (150,282.47) $ - $ (12,578.28) $ (162,860.75) Fund: 253 - Gas Taxes $ 63,340.42 $ 3,470.72 $ (1,374.51) $ 65,436.63 Fund: 258 - Road Maintenance - SB1/RSTBG $ 202,316.54 $ 3,345.70 $ - $ 205,662.24 Fund: 270 - Beverage Container Recycling $ 19,438.99 $ - $ - $ 19,438.99 Fund: 280 - Oil Recycling $ 3,832.94 $ - $ - $ 3,832.94 Fund: 290 - SB1383 Implementation Grant $ 20,531.58 $ - $ - $ 20,531.58 Fund: 292 - Fire Department Capital Funds $ 94,917.63 $ - $ - $ 94,917.63 Fund: 342 - Fire Construction - Mitigation $ 77,417.22 $ 750.00 $ - $ 78,167.22 Fund: 343 - Recreation Construction $ 77,417.70 $ 750.00 $ - $ 78,167.70 Fund: 367 - SB2 - Planning Grant $ (44,762.63) $ - $ (4,523.70) $ (49,286.33) Fund: 376 - Downtown Streetscape $ (22,530.52) $ 17,281.63 $ (5,498.00) $ (10,746.89) Fund: 378 - Zoning Code Update $ (1,484.22) $ 1,448.17 $ - $ (36.05) Fund Type: 1.24 - Special Rev Funds - Restricted$ 938,116.71 $ 27,046.22 $ (23,974.49) $ 941,188.44 Fund Type: 1.34 - Capital Projects - Restricted
Fund: 300 - GF Capital Projects $ (6,169.25) $ - $ - $ (6,169.25) Fund: 358 - CDBG Pavement $ (92,621.34) $ - $ - $ (92,621.34) Fund Type: 1.34 - Capital Projects - Restricted $ (98,790.59) $ - $ - $ (98,790.59) Fund Type: 2.11 - Enterprise Funds
Fund: 560 - Sewer $ 1,738,143.74 $ 144,463.72 $ (105,233.31) $ 1,777,374.15 Fund: 561 - Sewer Liftstations $ 699,877.32 $ - $ - $ 699,877.32 Fund: 563 - Wastewater Treatment Plant $ 985,399.12 $ 18,404.83 $ (18,557.54) $ 985,246.41 Fund: 564 - Sewer Connections $ 321,774.88 $ 51,252.77 $ - $ 373,027.65 Fund: 575 - WWTP Construction Grant $ (507,508.38) $ 400,192.00 $ (32,468.00) $ (139,784.38) Fund: 577 - Capital Projects $ (3,191.25) $ - $ - $ (3,191.25) Fund: 585 - LS #5 Force Main Repairs $ - $ - $ - $ -
Fund Type: 2.11 - Enterprise Funds - Unassigned$ 3,234,495.43 $ 614,313.32 $ (156,258.85) $ 3,692,549.90 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 3,761.74 $ 361.54 $ - $ 4,123.28 Fund Type: 9.0 - CLEARING ACCOUNT $ 3,761.74 $ 361.54 $ - $ 4,123.28 Grand Totals: $ 8,723,003.14 $ 1,112,487.26 $ (334,326.19) $ 9,501,164.21 City of Colfax
Cash Transactions Report - May 2023
Item 3B13
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - May 2023
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 10:48 am
Date: 06/02/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59382 05/08/23 Printed 03141 CALPERS HEALTH PREMIUMS MAY 2023 19,341.48 59383 05/15/23 Printed 1161 49ER WATER SERVICES BIOASSAY APR 2023 4,395.00 ALHAMBRA & SIERRA 145.43
SPRINGS
59384 05/15/23 Printed 01414 WATER
59385 05/15/23 Printed 01766 AT&T MOBILITY CITY CELL PHONES 836.30 BUREAU VERITAS NORTH 5,760.00
AMERICA
59386 05/15/23 Printed 02901 BLDG OFFICIAL APR 2023
59387 05/15/23 Printed 8062 CATHERINE HANSFORD SEWER RATE STUDY APR 2023 865.00 59388 05/15/23 Printed 03446 CITY OF FOSTER CITY PWWS JOB POSTING 540.00 59389 05/15/23 Printed 3468 CIVICWELL DOWNTOWN STREETSCAPE MAR 23 5,498.00 CLARK EQUIPMENT 5,724.74
COMPANY
59390 05/15/23 Printed 3476 SKID STEER ATTACHMENT
59391 05/15/23 Printed 3494 COLANTUONO, HIGHSMITH & LEGAL MATTER APR 2023 28,275.00 59392 05/15/23 Printed 4187 DAWSON OIL COMPANY GENERATOR FUEL ACCT CHARGE 6.00 59393 05/15/23 Printed 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE MAY 2023 444.96 59394 05/15/23 Printed 4591 ASHLYNN SMITH DEPOT/CITY HALL CLEANING 225.00 EOSI - ENVIRONMENT 10,252.99
OPERATING
59395 05/15/23 Printed 05221 WWTP CHEMICALS
EOSI - ENVIRONMENT 2,202.65
OPERATING
59396 05/15/23 Printed 05221 WWTP CHEMICALS
59397 05/15/23 Printed 9541 FASTRAK SWANA MEETING BRIDGE TOLL 7.00 GLADWELL GOVERNMENTAL 3,250.00
SERVICES
59398 05/15/23 Printed 7291 RECORDS RETENTION PHASE II
GOLD MOUNTAIN 160.50
CALIFORNIA
59399 05/15/23 Printed 07460 DELINQUENT SEWER NOTICE
GOLD MOUNTAIN 311.18
CALIFORNIA
59400 05/15/23 Printed 07460 WHITE STORAGE PUBLIC HEARING 59401 05/15/23 Printed 07570 GRAINGER WWTP SUPPLIES 28.76 HILL BROTHERS CHEMICAL 6,163.44
CO.
59402 05/15/23 Printed 08159 CHEMICALS
59403 05/15/23 Printed 08170 HILLS FLAT LUMBER CO SUPPLIES 869.77 HOME DEPOT CREDIT 37.96
SERVICES
59404 05/15/23 Printed 08501 SUPPLIES
59405 05/15/23 Printed 08660 HUNT AND SONS, INC. FUEL 480.25 59406 05/15/23 Printed 8661 HYDROCOMPLIANCE MONTHLY QSP SVC APR 2023 1,800.00 59407 05/15/23 Printed 18400 NAPA AUTO PARTS SUPPLIES 243.20 59408 05/15/23 Printed 20092 PAMELA BIERY-WINKS APR 2023 PUBLIC OUTREACH 600.00 PELLETREAU, ALDERSON & 9,607.67
CABRAL
59409 05/15/23 Printed 16011(2) LEGAL SVCS APR 2023
PLACER COUNTY 832.00
ENVIRONMENTAL
59410 05/15/23 Printed 16165 LANDFILL MONITORING Q3 FY 23 PLACER COUNTY EXECUTIVE 19,312.50
OFFICE
59411 05/15/23 Printed 16161 FIRE SVCS Q3 FY 22/23
59412 05/15/23 Printed 19037 SAFE SIDE SECURITY CORP YARD SECURITY MAY 2023 155.00 59413 05/15/23 Printed 19037 SAFE SIDE SECURITY WWTP SECURITY MAY 2023 95.00 59414 05/15/23 Printed 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 173.73 59415 05/15/23 Printed 20538 TROJAN TECHNOLOGIES WWTP SUPPLIES 52.85 URBAN RESTORATION 237.22
GROUP
59416 05/15/23 Printed 21459 GRAFFITI REMOVER
US BANK CORPORATE PMT 6,519.00
SYSTEM
59417 05/15/23 Printed 21560 STMT 4/24/23
VAN GRONINGEN & 5,700.00
ASSOCIATES
59418 05/15/23 Printed 22106 FINANCIAL SVCS APR 2023
59419 05/15/23 Printed 22134 VISION QUEST TECH SUPPORT JUNE 2023 3,800.00 59420 05/15/23 Printed 22134 VISION QUEST TECH SUPPORT SUPPLIES 3,232.46 VULCAN MATERIALS 351.02
COMPANY
59421 05/15/23 Printed 22240 ASPHALT
59422 05/15/23 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONE 214.87 59423 05/15/23 Printed 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 59424 05/15/23 Printed 23169 WAVE BUSINESS SOLUTIONS FIRE DEPT PHONE 37.13 59425 05/15/23 Printed 23206 WECO INDUSTRIES JETTER RPR 743.95 59426 05/15/23 Printed 23301 WESTERN PLACER WASTE SLUDGE REMOVAL APR 2023 1,252.10 Item 3B14
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - May 2023
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 10:48 am
Date: 06/02/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59427 05/15/23 Printed 23450 WINNER CHEVROLET, INC. PW VEHICLE MAINT 122.41 59428 05/15/23 Printed 23450 WINNER CHEVROLET, INC. PW VEHICLE RPR 86.68 59429 05/15/23 Printed 23450 WINNER CHEVROLET, INC. PW VEHICLE RPR 19.95 59430 05/16/23 Printed 19901 T-BONE'S ISLAND BARBEQUE PCCOA DINNER CATERING 2,746.62 59432 05/24/23 Printed 01424 ALL PRO BACKFLOW ANNUAL BACKFLOW TESTING 909.35 59433 05/24/23 Printed 01448 AMERIGAS - COLFAX SHERIFF STATION PROPANE 186.94 59434 05/24/23 Printed 01448 AMERIGAS - COLFAX FIRE DEPT PROPANE 41.75 59435 05/24/23 Printed 01448 AMERIGAS - COLFAX CITY HALL PROPANE 395.98 59436 05/24/23 Printed 01500 ANDERSON'S SIERRA WWTP SUPPLIES 61.27 59437 05/24/23 Printed 4591 ASHLYNN SMITH CORP YARD/CITY HALL CLEANING 225.00 59438 05/24/23 Printed 03401 CHOICE BUILDER PREMIUMS JUNE 2023 782.99 59439 05/24/23 Printed 3425 CINTAS UNIFORM SVCS APR 2023 317.03 59440 05/24/23 Printed 3475 CLARK PEST CONTROL PEST CONTROL MAY 2023 508.00 CLEAR PATH LAND 1,800.00
EVOLVEMENT,
59441 05/24/23 Printed 03482 ANNUAL DAM SURVEY
59442 05/24/23 Printed 04592 DACOMM WWTP INTERNET 103.45 GOLD MOUNTAIN 360.00
CALIFORNIA
59443 05/24/23 Printed 07460 PW MWI JOB POSTING
59444 05/24/23 Printed 07570 GRAINGER WWTP SUPPLIES 205.81 59445 05/24/23 Printed 07570 GRAINGER WWTP SUPPLIES 66.17 59446 05/24/23 Printed 07570 GRAINGER WWTP SUPPLIES 16.87 59447 05/24/23 Printed 07570 GRAINGER WWTP SUPPLIES 429.52 59448 05/24/23 Printed 07570 GRAINGER WWTP SUPPLIES 453.21 59449 05/24/23 Printed 07570 GRAINGER WWTP SUPPLIES 15.47 59450 05/24/23 Printed 08086 HBE RENTALS SNAKE RENTAL 75.00 59451 05/24/23 Printed 08660 HUNT AND SONS, INC. FUEL 432.24 LIEBERT CASSIDY 637.50
WHITMORE
59452 05/24/23 Printed 12209 HR LEGAL MATTER
59453 05/24/23 Printed 19501 MICHAEL RAYFIELD LEGAL MATTER 5,765.80 NORTHERN CALIFORNIA 311.29
GLOVE
59454 05/24/23 Printed 14356 PW SUPPLIES
NORTHERN CALIFORNIA 108.20
GLOVE
59455 05/24/23 Printed 14356 WWTP GLOVES
NORTHERN CALIFORNIA 105.24
GLOVE
59456 05/24/23 Printed 14356 PW SUPPLIES
59457 05/24/23 Printed 16300 PCWA -PLACER COUNTY WATER 1,129.10 59458 05/24/23 Printed 16035 PG&E ELECTRICITY 22,486.87 PLACER COUNTY 475.65
DOCUMENT
59459 05/24/23 Printed 16192 ENVELOPES
59460 05/24/23 Printed 16052 PLACEWORKS GEN PLAN/HOUSING ELEM APR 2023 4,523.70 59461 05/24/23 Printed 18193 RECOLOGY AUBURN PLACER 40% TEETER 2022-2023 TAX ROLLS 3,262.10 59462 05/24/23 Printed 19519(2) SOROPTIMIST EVENT DEPOSIT REFUND 100.00 STS AUTOMATION 1,859.32
INCORPORATED
59463 05/24/23 Printed 19762 FLOW METER
VERBAL JUDO INSTITUTE, 4,542.60
INC.
59464 05/24/23 Printed 22114 STAFF TRAINING
VULCAN MATERIALS 169.02
COMPANY
59465 05/24/23 Printed 22240 ASPHALT
59466 05/24/23 Printed 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 64.67 59467 05/24/23 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 59468 05/24/23 Printed 23450 WINNER CHEVROLET, INC. WWTP TRUCK MAINT 86.68 59469 05/24/23 Printed 23451 WOOD RODGERS SSMP UPDATE APR 2023 3,742.50 59470 05/24/23 Printed 23451 WOOD RODGERS INSTRUMENTATION SURVEY APR 2,160.00 59471 05/24/23 Printed 23451 WOOD RODGERS WWTP CONST GRANT APR 2023 30,668.00 Total Checks: 89 Checks Total (excluding void checks): 243,519.73 Total Payments: 89 Bank Total (excluding void checks): 243,519.73 Total Payments: 89 Grand Total (excluding void checks): 243,519.73 Item 3B
15 City of Colfax Annual Finance Activities
Staff Report June 14, 2023
Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Laurie Van Groningen, Finance Director
Annual Finance Activities
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
Per City Administrative policy the City completes the following Annual Finance Activities each fiscal year:
Annual review of Investment and Financial Policies
Financial risk review update
Budget update: Review of major budgeted revenue and expense categories based on current year actual data and activities.
Annual Review of Investment and Financial Policies
The City Administrative policies and procedures for 1) Investment Policy, and 2) Financial Policies were both adopted by Resolution No. 29-2014 in October of 2014 and stipulate that the policies will be reviewed annually as part of the budget process. The Financial Policies were revised in June 2019 – Resolution No. 18-2019 and again in June 2021 – Resolution No. 27-2021.
Staff has completed an annual review of the policies and has no recommendations for revision.
Financial Risk Review Update
The fiscal year 2017-2018 audit report included a recommendation for the City to include a discussion in the annual budget to identify risks with the City that could result in fraud or material misstatement of City financial statements. Staff and the City Treasurer met last month on this topic and the meeting minutes are attached.
Staff did not identify any new risk areas for the City.
Fiscal Year 2023-2024 Budget Update
The fiscal year 2023-2024 budget was adopted as part of the biennial budget process in June 2022. Staff has reviewed the adopted budget for operating revenues and expenses for fiscal year 2023-2024. This review incorporated the trends for revenues and expenses that were identified during the current fiscal mid-year review that was just completed in February 2023 and current activity. Although we are not recommending any formal budget amendments at this time for the coming year, we are highlighting the following categories that may have adjustments as we head into the mid-year report for the 2023-2024 fiscal year.
RECOMMENDED ACTION: Accept and File.
Item 3C16
City of Colfax Annual Finance Activities
Staff Report June 14, 2023
Operating Expenses
Staffing
o The timing of filling positions may create decreases in anticipated expenditures for staffing. Administrative Support/Contracted Services
o The City continues to contract for Attorney Services, Finance Services, Planner Services, Building Inspector Services and Engineering Services. In addition to these ongoing functions, we have budgeted for a Grant Consultant, City newsletter editor, and branding consultants Expense estimates for Human resources and labor law assistance have also been included.
Contractual services expense fluctuate based on City need and budget amounts may be impacted by:
Ongoing/unanticipated legal costs. During this current fiscal year, the City has incurred additional legal expenses in defense of a lawsuit and other legal matters. The adopted budget includes a contingency for additional legal expenses, but estimated expenditures are unknown at this time.
Increase in contracted services to fill staffing voids (this should be an offset to decreased staffing costs).
Expenditures for a five-year sewer rate study budgeted in fiscal year 2022-2023 will primarily be incurred in the new fiscal year due to the forecasted timeline for completion of the study which was initiated in April 2023.
o The Sheriff contract has been renewed with a 3-year agreement that includes a 5.5% increase for the new fiscal year. The net impact for fiscal year 2023-2024 is $44k higher than the adopted budget. For the past few years, the City has received an increase in grant funds for law enforcement (ELEAS credit). This credit is not guaranteed and is generally allocated in the Fall – so the budget impact of the increased contract cost is not yet quantifiable.
Operating Revenues
General Fund Revenues
o Sales and Use tax - Sales and Use tax remains the largest revenue source in the City General Fund. Since the advent of the Covid Pandemic, the City has been very conservative in the estimation of Sales and Use tax revenues. The adopted budget for new fiscal year is a conservative 3% over the current fiscal year. Due to the small size of our City, single business changes can have a significant impact on this revenue source. o Transient Occupancy Taxes – We anticipate exceeding the current year budget by approximately 30% and this will likely continue into the new year. Estimates were conservative and did not take into account the change in rate effective January 1, 2023. o Business Licenses and Building Permits - We have exceeded budget for both items in the current fiscal year. The increases appear to be a result of developer projects (nearing completion) and home improvements projects. It is not certain that these trends will continue into the next fiscal year.
o Interest Income - After several years of decreased earnings in LAIF interest rates, we have seen steady interest rate increases that have resulted in higher interest earnings. We expect this impact to continue into the new year. This impact applies to Special Revenue Funds and Enterprise (Sewer) Funds also.
Item 3C17
City of Colfax Annual Finance Activities
Staff Report June 14, 2023
Special Revenue Funds – Revenues
o Preliminary estimates from PCTPA indicated that Streets and Roads Funding (Local Transportation Fund and State Transit Fund) will be as slightly higher than the adopted budget. o Gas Taxes and SB1 Road Maintenance funds are expected to be on budget – as forecasted by State Department of Finance statewide revenue projections. o No changes are expected in the Supplemental Law Enforcement Fund – the City receives an annual allocation of $100K. As mentioned in Sheriff expenses above – we may receive an additional ELEAS credit for this category consistent with recent years. Enterprise (Sewer) Fund Revenues
o The adopted budget includes a 2.45% estimated increase in sewer revenues based on the previous rate study. No changes in sewer rates are anticipated until the completion of the new Rate Study which was initiated in April 2023 – anticipated completion date is December 2023.
Attachments:
1. City of Colfax – Investment Policy
2. City of Colfax – Financial Policy
3. Risk Assessment Review Meeting Summary Minutes – May 17, 2023 Item 3C18
CITY OF COLFAX
ADMINISTRATIVE POLICIES AND PROCEDURES
Subject: Investment Policy
Effective Date: October 8, 2014
Resolution: 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.
Item 3C19
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 derived."
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 quarterly 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 report, and is required under Government Code Section 53646. 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;
Item 3C20
Average weighted yield of all investments;
A statement relating the report to the City's Investment Policy; and A statement that there are sufficient funds to meet the City's next six months' financial obligations.
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 imprudent 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.
Item 3C21
CITY OF COLFAX
ADMINISTRATIVE POLICIES AND PROCEDURES
Subject: Financial Policies
Effective Date: June 09, 2021
Resolution: Resolution №. 27-2021
Previous Resolutions: Resolution No. 20-2019, Resolution No. 29-2014
PURPOSE
The City of Colfax is accountable to the community for the use of public dollars. Municipal resources will be used wisely to ensure adequate funding for the services, public facilities and infrastructure necessary to meet the community’s present and future needs.
This policy document establishes a comprehensive set of financial guidelines for the City that will assist elected officials and staff in the development of fiscal management practices and serve as a guideline for operational and strategic decision-making related to financial management of the City.
These policies will be reviewed annually as part of the budget process and amended as necessary to guide the City in maintaining its financial stability.
GOALS AND OBJECTIVES
Guide the City Council and management policy decisions that have significant fiscal impact Maintain and protect City assets and infrastructure
Employ balanced and fair revenue policies that provide adequate funding for desired programs
Set forth operating principles that minimize the cost of government services and minimize financial risk
Promote sound financial management by providing accurate and timely information on the City’s financial condition
Ensure the legal use of financial resources through an effective system of internal controls Promote cooperation and coordination with other governments and the private sector in the financing and delivery of services
Protect the City’s credit rating and provide for adequate resources to meet the provision of the City’s debt obligations on all municipal debt
Maintain appropriate financial capacity for present and future needs Item 3C22
PROCEDURES AND GUIDELINES
This document discusses the most important elements of financial management in one comprehensive centralized format and is organized into the following areas of discussion:
A. Operating Budget
B. Revenues
C. Expenditures
D. Cash Management and Investments
E. Capital Financing and Debt Management
F. Fund Accounting and Reserve Fund Policies
G. Financial Reporting
A. Operating Budget
1. The budget will be adopted by the City Council no later than June 30th of each year. a. The City Manager will develop and present a biennial budget. b. The City should strive to develop a multi-year financial plan that is updated as part of the periodic budget process.
2. A calendar of events related to budget development will be presented to City Council by April 1st of each year.
a. Scheduled activities will encourage early involvement with the City Council and the public.
3. A balanced provisional budget will be presented to City Council for review and adoption with total projected expenditures not exceeding total estimated revenues. a. The budget will be developed in a way that facilitates public study and effectively communicates key economic and fiscal issues to City Council and the public. b. Actual revenues, expenditures, reserve balances and fund balances for the prior fiscal year and estimates for the current year will be provided. c. Forecasts require clearly stated assumptions. Estimations should be conservative but reasonable.
d. The City budget must comply with the annual determination of the City’s appropriations limit calculated in accordance with Article XIIIB of the Constitution of the State of California and must adopt an annual resolution to this effect. e. One-time revenue sources are not to be relied upon to fund ongoing operations. f. Should it be necessary, City Council may approve a planned use of accumulated fund balances in prior years for inclusion in the budget.
g. A multi-year capital improvement plan should be developed so that project priorities and debt capacity can be analyzed.
4. The Finance Department will maintain a system for monitoring the City’s budget performance.
a. The City Manager will provide the City Council with a mid-year review of the City’s financial activities. The review will be presented in February and compare annual budget projections with actual results.
Item 3C23
B. Revenues
1. The City will strive to maintain a diversified and stable revenue base to minimize the impact of economic fluctuation.
a. Revenue forecasts shall be realistically estimated and based on the best information available. The City will follow a vigorous policy of collecting revenues. b. Trends analyzing the dependence on distinct revenue sources shall be included in the budget documents for consideration by the City Council.
2. The City will seek out, apply for, and effectively administer federal, state, and other grants that address the City’s current operating and capital priorities. a. All potential grants will be carefully examined for matching requirements. b. Grants may be rejected if programs must be continued with local resources after grant funds are exhausted.
3. The City shall develop and maintain a comprehensive list of various fees and charges. a. The City should strive to cover the full cost of providing non-tax and discretionary feebased service operations except to the extent that City Council approves defined subsidy levels by program area.
b. Enterprise funds will have revenues sufficient to meet all cash operating expenses, capital expenses, approved cash reserves and any debt service.
c. Rate studies should be conducted periodically (three to five years) to ensure the proper balance of costs and service charges.
4. Economic downturns and gaps in cash flow will be addressed as soon as recognized. a. Council must approve inter-fund loans, except for short-term working capital loans. i. Short-term inter-fund loans for working capital to provide cash for Councilapproved reimbursable grants and projects, are permitted. ii. Short-term working capital loans are also permitted for temporary (less than one year) timing differences in cash flows when expenditures are incurred before revenue is collected.
iii. Interfund loans will not be used to solve ongoing structural budget issues and will not hinder the accomplishment of any function or project for which the lending fund was established.
b. Deficit financing and borrowing to support on-going operations is not the policy of the City as a response to long-term revenue shortfalls
i. Revenue forecast will be revised and expenses will be reduced to conform to the revised long-term forecast
ii. Revenue increases will be considered as appropriate.
5. The City will review contracts and leases, which result in revenues to the City on a timely basis in order to provide for careful evaluation by the City Council.
C. Expenditures
1. The City will propose operating expenditures, which can be supported from ongoing revenues.
a. Before the City undertakes any agreements that would create fixed on-going expenses, the cost implications of such agreements will be fully determined for current and future years.
Item 3C24
b. The City will invest in technology and other efficiency tools to maximize productivity c. The City will hire additional staff only after the need of such positions has been demonstrated and documented.
d. The City will strive to pay competitive market level compensation to its employees. e. All compensation planning and collective bargaining will focus on the total cost of compensation, which includes salary, health care benefits, paid leave, pension contribution and other benefits.
2. The City will maintain expenditure categories according to state statute and administrative regulation.
3. Costs of service will be budgeted and charged to the fund performing the service. Cost allocation methodology will be reviewed and approved in the annual budgeting process.
D. Cash Management and Investments
1. The City’s investment policy will be reviewed annually as part of the budget process.
2. The responsibility of investing City funds rests with the City Manager and Finance Director who are to exercise due diligence to adhere to the investment policy. Quarterly (or more frequent) reports will be provided to City Council presenting a summary of the portfolio status and compliance with the conditions set forth in the investment policy.
3. Investments shall be made in conformance with the City’s investment policy with the primary objectives of:
a. Preservation of Capital and protection of Principal
b. Maintenance of sufficient liquidity to meet operating needs c. Security of City Funds and investments
d. Maximization of return on the portfolio
E. Capital Financing and Debt Management
1. The City will seek to maintain a high credit rating through sound financial practices as a basis for minimizing borrowing costs.
2. Major capital improvement projects will be funded using the most financially prudent method available.
a. The City will make every effort to use pay-as-you-go financing for capital improvement projects. Debt financing for a project can be used if the overall project cost exceeds anticipated available resources and/or if the cost of financing is favorable as compared to the use of City investment holdings over the financing term.
3. The City will monitor all forms of debt annually in conjunction with the budget preparation process and report concerns and remedies, if necessary, to City Council. The City will diligently monitor its compliance with bond covenants.
4. The City will not issue long-term debt to finance current operations. Debt financing should only be used for long-term capital improvement projects with a useful life exceeding the term of the financing and for which the project revenues or specific identified revenue sources are sufficient to service the long term debt.
5. The City will use a lease-purchase method of financing for equipment if the lease rates are more favorable than the City’s expected overall investment rate of return.
Item 3C25
F. Fund Accounting and Reserve Fund Policies
1. The City will use Governmental Accounting Standards Board (GASB) definitions of fund balance for the annual financial reports (audits) and for all other financial reporting.
2. Fund Descriptions are as follows:
a. Governmental Funds
i. General Fund – The General Fund is the primary operating fund of the City. It accounts for all financial resources of the general government, except those required to be accounted for in another fund.
ii. Special Revenue Funds – Used to account for revenues derived from specific taxes or other earmarked revenue sources. They are usually required by statute or other local ordinance to finance particular governmental functions or activities. iii. Capital Projects Funds – Used to account for and report financial resources that are restricted, committed or assigned to expenditures for capital outlays iv. Debt Service Funds – Used to account for and report financial resources that are restricted, committed or assigned to expenditure for principal and interest, even if it is being accumulated for future year’s payments.
b. Business Activity Funds
i. Enterprise Funds (Sewer) – Used to account for the operations of self-supporting governmental activities that render services or goods to the public.
1. The intent of the City is that the costs of providing goods and services to the general public on a continuing basis be financed and recovered primarily through user charges.
3. The City will maintain Reserve Fund Balances in an effort to stabilize the City’s fiscal base for unpredictable fluctuations in major revenues, protect against reducing service levels or raising taxes and fees due to revenue shortfalls or unpredicted one-time expenditures, and provide for innovative opportunities for the betterment of the community. a. General Fund Revenue Reserve – The City’s fiscal goal is to maintain annual expenditure increases at a sustainable growth rate, and to limit expenditures to anticipated revenue in order to maintain a balanced budget. The City target is to maintain an unrestricted fund balance of 25% of annual operating expenditures for the fiscal year. This target will:
i. Provide liquidity necessary to accommodate the City’s uneven cash flow, which is inherent in its periodic tax collection schedule.
ii. Provide approximately three (3) months of operating expenses, iii. Adhere to Government Finance Officers Association (GFOA) recommendation that a minimum General Fund unrestricted fund balance to be maintained of no less than either two (2) months of regular operating revenues or expenditures. iv. Provide liquidity to respond to contingent liabilities. b. Sewer Revenue Reserve – The City target is to maintain a fund balance reserve of 25% of annual operating expenditures for the fiscal year. This target will:
i. Provide approximately three )3) months of operating expenses. c. General or Sewer Fund revenues remaining at the end of the City’s fiscal year, unless encumbered, will be allocated to the revenue reserves.
i. Additional reserve funds may be established by the City Council based on recommendation of the City Manager such as:
1. Capital Improvement Reserve
Item 3C26
2. Equipment Reserves
3. Community Fund Reserve
d. City Council action is required for appropriation of reserves (except replacement reserves).
G. Financial Reporting
1. The City’s accounting and financial reports are to be maintained in conformance with Generally Accepted Accounting Practices (GAAP) as applied to governmental units.
2. An annual financial audit will be performed by an independent public accounting firm familiar with municipal government activities. The independent auditor will issue an audit opinion and will present the audit report and discuss audit findings to the City Council. The City encourages the rotation of audit service providers on a periodic basis.
3. A fiscal impact statement will be provided in each staff report submitted to the City Council as part of the City Council agenda process.
4. The City has established Capitalization thresholds as follows:
a. Land purchases at any value
b. Equipment - $5,000
c. Buildings and facility improvements - $25,000
d. Infrastructure - $100,000
5. All grants and other federal and state funds shall be managed to comply with the laws, regulations, and guidance of the grantor.
Item 3C27
Risk Assessment Review Meeting
May 17, 2023
11:30 am
Colfax City Hall
Meeting Summary Minutes
Attendees:
Heathcock, Wes City Manager
Ryan, Tim City Treasurer
Stahl, Shanna Administrative Analyst
Van Groningen, Laurie Finance Director
This meeting was held at City Hall on Wednesday, May 17, 2023.
Risk Assessment Process: It was recommended in previous financial audit reports that the City expand its annual budget process to include a formal risk assessment process to identify risks within the City that could result in fraud or material misstatement of the financial statements, and then implementation of internal controls to mitigate those identified risks.
City staff has established the practice of meeting at least once annually to address and monitor this topic. This process is a tool to effectively identify areas of fraud risk within the organization and with a focus on the review of potential fraud schemes and the internal controls in place to prevent or detect those schemes.
At this meeting the following was reviewed: Reviewed list of “indicators” of financial stress (internet research) that could indicate fraud or misstatement of financials in an organization:
o Not paying vendors timely
o Not making loan payments
o Allowing customers to remain delinquent
o Weak or non-existent accounting practices
o Exorbitant salaries
o Misuse or lack of competitive bidding process
o Making loans without expectation of payback
o Related party transactions
o Personal use of City assets
o Falsification of public records
o Absence of Management Reviews/Oversight on financial transactions o Inadequate or missing records
Item 3C28
Conducted a brainstorming session to review any City risk areas for fraud or material misstatement.
o The primary way to prevent fraud is to reduce opportunities for fraud to occur. Discussed existence of current policies, procedures, and training to minimize fraud and/or misstatement of City Financials:
o Whistleblower Policy,
o Administrative Policies and Procedures
o Investment Policy.
o Employee Handbook (code of conduct)
o Anonymous complaint process
o Ethics Training
o Form 700 Reporting
o Cyber Security Training program for all staff and consultants (new) o Segregation of duties and multiple levels of review in financial processes o Annual Audit process which includes staff and council risk interviews. Reviewed FY2023 Activity of attempted fraud against the City o Instituted cyber security training program for all staff and consultants
SUMMARY
Staff did not identify any new risk areas for the City. Staff consensus is that current policies, procedures, training and oversight are adequate to reduce any opportunities for fraud within City operations or misstatement of City Financials. This report will be presented for information to the City Council at the regularly scheduled meeting on June 14, 2022.
Item 3C29
City of Colfax Shady Glen Sewer Consolidation CWSRF Planning Grant Staff Report June 14, 2023 Application
Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Wes Heathcock, City Manager
Subject: Shady Glen Sewer Consolidation CWSRF Planning Grant Application Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $41,600 Fund(s): 560 & 561 Summary/Background
On March 7, 2023, the City of Colfax (City), through the City Manager, provided the Central Valley Regional Water Quality Control Program (Regional Board) with a letter of intent to consolidate the Shady Glen Mobile Home Park (Shady Glen) wastewater system into the City of Colfax’s wastewater system (Project).
Subsequently, on May 16, 2023, a representative for the Shady Glen Community submitted an equivalent letter of intent. The attached letters of intent were for the purpose of formally notifying the Regional Board that both communities intend to proceed with the consolidation and apply for Clean Water State Revolving Fund (CWSRF) grants to complete the project(s).
Shady Glen is a community of 112-120 mobile homes and a few other facilities that rely on a sewer collection system, a package wastewater treatment plans (WWTP), wastewater ponds, and spray fields to treated and dispose of its sewage. The community is located approximately 1.5 miles north of Colfax, along State Route 174. While the WWTP currently complies with State regulations and is permitted by the Central Valley Regional Control Board (General Order WQ 2014-0153-DWQ), the WWTP is aging and will require costly upgrades.
In the process of ownership transfer of the Shady Glen Community, the Regional Board and Shady Glen representatives approached the City in early 2023 about consolidating all or portions of their wastewater infrastructure into the City. Upon review by staff, it was determined that the City could accept the requested consolidation. The Regional Board offered to fund the consolidation with planning and construction grants committed to each community. To convey sewer demand from Shady Glen to the City, the Regional Board proposed grant funding up to $14 million in favor of the Shady Glen Community. For the City make any needed upgrades to its facilities to accept this sewer demand, the Regional Board proposed grant funding up to $41 million in favor of the City.
Planning Grant Application Resources
Because Shady Glen and the City must formally apply for the stated grant funds, City staff reached out to Wood Rodgers, a multi-discipline engineer firm, to assist with the process on behalf of both communities. Wood Rodgers has provided, and it is currently providing, an assortment of wastewater support services to the City.
Most recently, Wood Rodgers assisted the City in obtaining a $6 million CWSRF grant to construct a solar power generation system at its WWTP, construct an algae control system at the WWTP, and rehabilitate the RECOMMENDED ACTION: Adopt Resolution __-2023 authorizing the City Manager or designee to to execute a professional services agreement with Wood Rodgers to prepare two Clean Water State Revolving Planning Grant Applications for the consolidation of the Shady Glen Mobile Home Park Fund wastewater system with the City of Colfax wastewater system in an amount not to exceed $41,600.
Item 3D
30 City of Colfax Shady Glen Sewer Consolidation CWSRF Planning Grant Staff Report June 14, 2023 Application
City’s wastewater collection system. Subsequently, Wood Rodgers prepared or managed design, and is currently managing construction, of those projects. Wood Rodgers staff is intimately familiar with the City’s sewer system and WWTP, and they are well qualified to assist the City with this new consolidation Project.
The Regional Board has confirmed that the City and Shady Glen may contract with Wood Rodgers to provide all engineering services necessary to plan for and complete the Project.
At City staff’s request, Wood Rodgers prepared the attached proposal to prepare two CWSRF Planning Grant Applications on behalf of both Shady Glen and the City. In anticipation for and to help both communities understand the entire scope of work, Wood Rodgers’ proposal explains what they can expect the Project to entail, from planning through to construction. To round out the team with all necessary expertise, Wood Rodgers will partner with two other engineering firms. Nexgen Utility Management will provide engineering for decommissioning and demolition of the Shady Glen WWTP, and for any upgrades to the City’s WWTP.
ECS Engineering will provide electrical design services to support Wood Rodgers’ and Nexgen’s efforts.
Findings and Conclusions
The City requested a proposal from Wood Rodgers to assist the City in the preparation of CWSRF Planning Grant Applications for Shady Glen and the City. Wood Rodgers’ proposal for $41,600 is attached to this staff report. The applications will identify the scope of work and funding required to complete all planning tasks for the Project. Included in Wood Rodgers’ proposal, is a preliminary scope of work, based on their knowledge and experience with similar projects, for both the planning and construction engineering services. Once the planning application is complete, City staff will request that Wood Rodgers formalize their planning scope and costs for consideration for an amendment to add those services so that the City can complete the planning process with the grant funding identified in the Planning Grant Applications.
Fiscal Impacts
The City will fund the application process through its Wastewater Funds, 560 and 561. If and when the City obtains the CWSRF grant funds, the Regional Board will reimburse the City for the actual cost to prepare the Planning Grant Application.
Attachments:
1. Resolution __-2023
2. City of Colfax Letter of Intent
3. Shady Glen Mobile Home Park Letter of Intent
4. Wood Rodgers Consultant Agreement
5. Wood Rodgers CWSRF Grant Application Proposal
Item 3D
31 Shady Glen Sewer Consolidation CWSRF Grant Application Resolution __-2023
City of Colfax
City Council
Resolution № __-2023
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH WOOD RODGERS TO PREPARE TWO CLEAN WATER STATE
REVOLVING FUND PLANNING GRANT APPLICATIONS FOR THE CONSOLIDATION
OF THE SHADY GLEN MOBILE HOME PARK WASTEWATER SYSTEM WITH THE
CITY OF COLFAX WASTEWATER SYSTEM IN AN AMOUNT NOT TO EXCEED $41,600
WHEREAS, The City of Colfax (City) and the Shady Glen Mobile Home Park (Shady Glen) have agreed to partner on a wastewater consolidation project that will redirect Shady Glen’s wastewater to the City’s wastewater collection system; and, WHEREAS, The Central Valley Regional Water Quality Control Program (Regional Board) has offered to provide Clean Water State Revolving Fund (CWSRF) grants to both communities to complete the wastewater consolidation project; and,
WHEREAS, The City and Shady Glen are required to submit Planning Grant Applications to the Regional Board to obtain planning grant funding for the purpose of preparing studies and improvement plans to complete design of the wastewater consolidation project; and.
WHEREAS, Wood Rodgers Inc. presented the City with a proposal, including scopes of work and costs, to complete two Planning Grant Applications; one on behalf of the City and the other on behalf of Shady Glen, for $20,800 each.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax authorizes the City Manager to execute a professional services agreement with Wood Rodgers to prepare two Clean Water State Revolving Fund Planning Grant Applications for the consolidation of the Shady Glen Mobile Home Park wastewater system with the City of Colfax wastewater system in an amount not to exceed $41,600.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 14th day of June 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________________
Trinity Burruss, Mayor
ATTEST:
____________________________________
Marguerite Bailey, City Clerk
Item 3D32
Item 3D
33 Item 3D34
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this 15th day of June, 2023 by and between the City of Colfax, a municipal corporation of the State of California ("City") and Wood Rodgers Inc. (“Consultant").
RECITALS
A. The City desires to retain Consultant to provide the Services set forth in detail in Exhibit A hereto (the "Services") subject to the terms and conditions of this Agreement.
B. Consultant is duly licensed and sufficiently experienced to undertake and perform the Services in a skilled and workmanlike manner and desires to do so in accordance with the terms and conditions of this Agreement.
Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:
Section 1. Services
Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish and perform all of the Services described in detail in Exhibit A hereto and incorporated herein by this reference (the "Services") to the satisfaction of the City. Consultant shall not perform any work exceeding the scope of the Services described in Exhibit A without prior written authorization from the City.
Section 2. Time of Completion.
Consultant's schedule for performance of the Services is set forth in Exhibit A hereto which is incorporated herein by this reference. Consultant shall commence performance of the Services promptly upon receipt of written notice from the City to proceed. Performance of the Services shall progress and conclude in accordance with the schedule set forth in Exhibit A. During the performance of the Services, Consultant shall provide the City with written progress reports at least once each month and at such additional intervals as City may from time to time request.
Section 3. Compensation.
A. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement or its exhibits, Consultant shall invoice City once each month for the Services performed during the preceding month. Such invoices shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business but shall include at least:
i. the date of performance of each of the Services,
Item 3D35
ii. identification of the person who performed the Services, iii. a detailed description of the Services performed on each date, iv. the hourly rate at which the Services on each date are charged, v. an itemization of all costs incurred and
vi. the total charges for the Services for the month invoiced.
As long as the Consultant performs the Services to the satisfaction of the City, the City shall pay the Consultant an all-inclusive compensation that shall not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change order issued pursuant to Section 15 of this Agreement before the Services requiring additional compensation are performed. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City's staff.
B. The Consultant's compensation for the Services shall be full compensation for all indirect and direct personnel, materials, supplies, equipment, and services incurred by the Consultant and used in carrying out or completing the Services. Payments shall be in accordance with the payment schedule established in Exhibit A or elsewhere in this Agreement or its exhibits.
C. The City shall have the right to receive, upon request, documentation substantiating charges billed to the City pursuant to this Agreement. The City shall have the right to perform an audit of the Consultant's relevant records pertaining to the charges.
D. Any Services performed more than sixty (60) days prior to the date upon which they are invoiced to the City shall not be compensable.
Section 4. Professional Ability; Standard of Quality.
City has relied upon the professional training and ability of Consultant to perform the Services described in Exhibit A as a material inducement to enter into this Agreement.
Consultant shall therefore provide properly skilled professional and technical personnel to perform all Services under this Agreement. All Services performed by Consultant under this Agreement shall be in a skillful, workmanlike manner in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
Section 5. Indemnification.
Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, officials, employees, and volunteers from and against any and all claims, demands, damages, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, any sub-consultant, anyone directly or indirectly employed by them, or anyone they control in the performance of the Services. This indemnity does not apply to liability for damages or loss, arising from the sole negligence, active negligence, or willful misconduct or material defects in design by Item 3D36
the City or its agents, servants, employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the passive negligence of the City, its officers, agents, employees or volunteers, unless caused in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault unless otherwise allowed by California Civil Code Section 2782.8, as amended.
Section 6. Insurance.
Without limiting Consultant's indemnification obligations provided for above, Consultant shall take out before beginning performance of the Services and maintain at all times during the life of this Agreement policies of insurance at least as broad as the following, with insurers possessing a Best rating of not less than A. Consultant shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the Consultant has also been obtained by the subcontractor.
A. Workers' Compensation Coverage. Workers' Compensation insurance as required by the State of California, with statutory limits, and Employer's Liability Insurance with limits of no less than $1,000,000.00 per accident for bodily injury or disease. In the alternative, Consultant may rely on a self-insurance program to meet its legal requirements as long as the program of self-insurance complies fully with the provisions of the California Labor Code. Consultant shall also require all subcontractors, if such are authorized by the City, to similarly provide Workers' Compensation insurance as required by the Labor Code of the State of California for all of the subcontractor's employees. All Workers' Compensation policies shall be endorsed with the provision that the insurance shall not be suspended, voided, or cancelled until thirty (30) days prior written notice has been provided to City by the insurer. The Workers' Compensation insurance shall also contain a provision whereby the insurance company agrees to waive all rights of subrogation against the City and its elected or appointed officials, officers, agents, and employees for losses paid under the terms of such policy which arise from the Services performed by the insured for the City.
B. Commercial General Liability Coverage (CGL). Commercial general liability insurance covering CGL on an “occurrence” basis, including products and completed operations, bodily injury, personal injury and advertising injury, and property damage insurance for all activities of the Consultant and its subcontractors, if such are authorized by the City, arising out of or in connection with the Services. The insurance shall be written on the most recent Insurance Services Office (ISO) form and include a broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1,000,000.00per occurrence. General liability coverage written on a claims-made basis shall not be acceptable absent prior written authorization from the City.
C. Automobile Liability Coverage. Automobile liability insurance written on the most Item 3D37
recent Insurance Services Office (ISO) form covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than $1,000,000.00 combined single limit for each occurrence.
D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:
1. The City, and its elected or appointed officials, employees and agents shall be named as insureds or additional insureds with regard to damages and defenses of claims arising from activities performed by or on behalf of the Consultant.
2. The insurance afforded by each policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer's limits of liability.
3. The insurance shall be primary insurance as respects the City and its elected or appointed officers, officials, employees and agents. Any other insurance maintained by the City or its elected or appointed officers, officials, employees, agents or volunteers shall be in excess of this insurance and shall not contribute with it.
4. The insurance shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to the City.
5. Any failure to comply with the reporting requirements of any policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents.
E. Professional Liability Coverage. If required by the City, Consultant shall also take out and maintain professional liability, errors and omissions insurance in an amount not less than $1,000,000.00. The professional liability insurance policy shall be endorsed with a provision stating that it shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days written notice has been provided to the City.
F. Insurance Certificates and Endorsements. Prior to commencing the Services under this Agreement, Consultant shall submit to the City documentation evidencing the required insurance signed by the insurance agent and the companies named. This documentation shall be on forms which are acceptable to the City and shall include all required endorsements and verify that coverage is actually in effect. This Agreement shall not be effective until the required insurance forms and endorsements are submitted to and approved by the City. Failure to provide these forms within the time period specified by City may result in the award of this Item 3D38
Agreement to another Consultant should the City, in its sole discretion, decide to do so. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.
H. Termination of Insurance. If the City receives notification that Consultant's insurance will be suspended, voided, cancelled or reduced in coverage or in limits, and if the Consultant does not provide for either the reinstatement of that insurance or for the furnishing of alternate insurance containing all of the terms and provisions specified above prior to the termination of that insurance, City may either terminate this Agreement for that breach, or City may secure the required insurance to satisfy the conditions of this Agreement and deduct the cost thereof from compensation which would otherwise be due and payable to the Consultant for Services rendered under the terms of this Agreement.
Section 7. Subcontracts.
Consultant may not subcontract any portion of the Services without the written authorization of City. If City consents to a subcontract, Consultant shall be fully responsible to the City and third parties for all acts or omissions of the subcontractor to which the Services or any portion thereof are subcontracted. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor, nor shall it create any obligation on the part of the City to pay or cause the payment of any monies due to any such subcontractor except as otherwise is required by law.
Section 8. Assignment.
Consultant shall not assign any right or obligation under this Agreement without the City's prior written consent. Any attempted assignment of any right or obligation under this Agreement without the City's prior written consent shall be void.
Section 9. Entire Agreement.
This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
Section 10. Jurisdiction.
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction over any litigation arising from this Agreement shall be in the Superior Court of the State of California with venue in Placer County, California.
Item 3D39
Section 11. Suspension of Services.
Upon written request by Consultant, City may suspend, in writing, all or any portion of the Services if unforeseen circumstances beyond the control of the City and Consultant make normal progress of the Services impossible, impractical, or infeasible. Upon written City approval to suspend performance of the Services, the time for completion of the Services shall be extended by the number of days performance of the Services is suspended.
Section 12. Termination of Services.
City may at any time, at its sole discretion, terminate all or any portion of the Services and this Agreement upon seven (7) days written notice to Consultant. Upon receipt of notice of termination, Consultant shall stop performance of the Services at the stage directed by City.
Consultant shall be entitled to payment within thirty (30) days for Services performed up to the effective date of termination. Consultant shall not be entitled to payment for any Services performed after the receipt of the notice of termination unless such payment is authorized in advance in writing by the City.
Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, or should Consultant violate any of the terms and conditions of this Agreement, City may terminate this Agreement by providing Consultant with seven (7) days written notice of such termination. The Consultant shall be compensated for all Services performed prior to the date of receipt of the notice of termination. However, the City may deduct from the compensation which may be owed to Consultant the amount of damage sustained or estimated by City resulting from Consultant's breach of this Agreement.
Consultant's obligations pursuant to Sections 5 and 6 of this Agreement shall survive termination and continue in effect for as long as necessary to fulfill the purposes of Sections 5 and 6.
Section 13. Independent Contractor.
Consultant shall in all respects be an independent contractor and not an agent or employee of City. Consultant has and shall retain the right to exercise full control and supervision of the means and methods of performing the Services. Consultant shall receive no premium or enhanced pay for Services normally understood as overtime; nor shall Consultant receive holiday pay, sick leave, administrative leave or pay for any other time not actually expended in the performance of the Services. It is intended by the parties that Consultant shall not be eligible for benefits and shall receive no compensation from the City, except as expressly set forth in this Agreement. Consultant shall submit completed W -9 and Report of Independent Contractor forms upon execution of this Agreement and prior to the payment of any compensation hereunder.
Item 3D40
Section 14. Ownership of Documents.
Within thirty (30) days after the Consultant substantially completes performance of the Services, or within thirty (30) days after the termination of this Agreement, the Consultant shall deliver to the City all files, records, materials and documents drafted or prepared by Consultant's in the performance of the Services. It is expressly understood and agreed that all such files, records, materials, and documents are the property of the City and not the property of the Consultant. All finished and unfinished reports, plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents in the course of performing the Services shall become the sole property of the City upon payment to Consultant for the Services, and the City shall have the exclusive right to use such materials in its sole discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and writings to City or any party the City may designate, upon written request.
Consultant may keep file copies of all documents prepared for City. Use of any such documents by the City for projects that are not the subject of this Agreement or for purposes beyond the scope of the Services shall be at the City's sole risk without legal liability or expense to Consultant.
Section 15. Changes and/or Extra Work.
Only the City Council may authorize extra and/or changed Services, modification of the time of completion of the Services, or additional compensation for the tasks to be performed by Consultant. Consultant expressly recognizes that other City personnel are without authorization to order extra and/or changed Services or to obligate the City to the payment of additional compensation. The failure of Consultant to secure the prior written authorization for such extra and/or changed Services shall constitute a waiver of any and all right to adjustment in the contract price due to such unauthorized Services, and Consultant thereafter shall not be entitled to any compensation whatsoever for the performance of such extra or changed Services. In the event Consultant and City agree that extra and/or changed Services are required, or that additional compensation shall be awarded to Consultant for performance of the Services under this Agreement, a supplemental agreement providing for such compensation shall be prepared and shall be executed by the Consultant and the necessary City officials before the extra and/or changed Services are provided.
Section 16. Compliance with Federal, State and Local Laws.
Consultant shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations affecting the Services, including without limitation laws requiring licensing and prohibiting discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. City shall not be responsible or liable for Consultant's failure to comply with applicable laws, statutes, ordinances, rules, or regulations.
Item 3D41
Section 17. Retention of Records.
Consultant and any subconsultants authorized by the terms of this Agreement shall keep and maintain full and complete documentation and accounting records, employees' time sheets, and correspondence pertaining to the Services, and Consultant shall make such documents available for review and/or audit by City and City's representatives at all reasonable times during performance of the Services and for at least four (4) years after completion of the Services and/or termination of this Agreement.
Section 18. Alternative Dispute Resolution
A. Before resorting to mediation, arbitration or other legal process, the primary contacts of the parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 15 days after provision of that written notice by the party desiring to meet and confer, the primary contacts for each party shall meet in person and attempt to amicably resolve their dispute. Each primary contact, or the person acting in their absence with full authority to resolve the dispute, shall attend the meeting and shall be prepared to devote an entire day thereto. If any dispute remains unresolved at the end of the meeting, any party to this Agreement shall have the right to invoke the mediation process provided for in the subparagraph B below.
B. Subject to the provisions of subparagraph A, any dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation, before a mutually acceptable, neutral retired judge or justice at the Sacramento Office of the Judicial Arbitration and Mediation Service ("JAMS"). If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at the Sacramento office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the parties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed.
C. If mediation is unsuccessful, before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties agree to submit selection of an arbitrator to the mediator, whose decision shall be binding on the parties. In that case, the mediator shall select a neutral arbitrator from the then active list of retired judges or justices at the Sacramento Office of the JAMS. The arbitration shall be conducted pursuant to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. In Item 3D42
such case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement.
D. This section 18 shall survive the termination or expiration of this Agreement. If there is no Sacramento office of JAMS, then the office of JAMS closest to the City shall be used instead of a Sacramento office.
Section 19. Severability.
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by an arbitrator or by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual written consent of the parties.
Section 20. Entire Agreement; Amendment.
This Agreement, including all exhibits hereto, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. This Agreement may be amended or extended from time to time only by written agreement of the parties hereto.
Section 21. Time of the Essence.
Time is of the essence in the performance of the Services. The Consultant will perform its Services with due and reasonable diligence consistent with sound professional practices and shall devote such time to the performance of the Services as may be necessary for their timely completion.
Section 22. Written Notification.
Except as otherwise specified in this Agreement, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by first class mail, postage prepaid and addressed as follows. Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this Section.
If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
If to Consultant: Wood Rodgers, Inc.
Item 3D43
3301 C Street, Building 100 B
Sacramento, CA 95816-3342
Section 23. Execution.
This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. In accordance with applicable law, the Parties may execute this Agreement by electronic signature and, if they do so, an electronic signature and this Agreement will have same legal validity and enforceability as a manually executed signature and agreement.
Section 24. Successors.
This Agreement shall be binding on and inure to the benefit of the respective parties hereto except to the extent of any contrary provision in this Agreement.
Section 25. Attorney's Fees.
If any party to this Agreement commences legal proceedings to enforce any of its terms or to recover damages for its breach, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and the expenses of expert witnesses, including any such fees costs and expenses incurred on appeal.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written:
CITY CONSULTANT
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
______________________________________
City Attorney
Item 3D44
May 30, 2023
Mr. Wes Heathcock
City Manager
City of Colfax
P.O. Box 702
Colfax, CA 95713
RE: Shady Glen and City of Colfax Sewer System Consolidation Project State Water Resources Control Board, Clean Water State Revolving Funds Professional Services Proposal
Dear Wes:
We are respectfully submitting this proposal for the subject project which is based upon the anticipated scope of work to prepare two Clean Water State Revolving Fund (CWSRF) planning grant applications to the State Water Resources Control Board (SWRCB). While this proposal provides costs to prepare the grant application, the scope outline includes the effort that we believe the City, the Shady Glen Community and Wood Rodgers can expect with full Wood Rodgers’ services from engineering studies, engineering designs, construction support and other items of work as described below.
The City of Colfax is working with the SWRCB and the Shady Glen Community to obtain planning and construction grant funds for the purpose of consolidating the Shady Glen Community’s sewer system and wastewater treatment plans (WWTP) into the City of Colfax sewer collection system and WWTP. Shady Glen is an unincorporated community of approximately 112 mobile homes located about 1.5 miles north of Colfax along State Route 174. The Community currently owns, operates, and is served by a package WWTP that consists of an aeration system, clarifying/storage ponds, and sprinkler/drip irrigation for post treated water disposal. The WWTP operates under a Central Valley Regional Water Quality Control Board permit, General Order WQ 2014-0153-DWQ. The State has offered to fund 100% of the cost of the consolidation through CWSRF. There will be two grant funds; one for Shady Glen with amounts up to $14 million; and one for the City of Colfax with amounts up to $41 million.
The exact scope of the projects is not known at this time since studies are needed to identify all of the component needed to complete the consolidation; however, this proposal provides broad assumptions about the scope of work based upon our experience providing our professional engineering services for similar projects in Colfax and other communities. The studies described herein will be used to finalize the scope of work and will become the basis for all improvement needed to complete the consolidation.
It is anticipated that the project will span five or more years due to its complexity and the funding framework. While Task 1, Planning Grant Application, will be completed and submitted to the SWRCB within a few months, experience suggests that approval of the grant will take as long as one year. Upon grant approval, we expect studies and design to take at least one year. While design is ongoing, CEQA adoption then a Construction Grant Application will be prepared and submitted to the SWRCB. As with the Planning Grant Application, experience suggests that the Construction Grant Application will take as long as one year for approval. For simple upgrades to the City’s WWTP, project bidding to construction completion will take at least one year. If WWTP upgrades are extensive, then construction could last one or two years longer. Based on this timeframe assumption, we expect the entire project to span five or more years.
Wood Rodgers will enlist a team of engineers from within our organization and outside to ensure that all aspects of the projects are managed and design by professionals competent in every aspect of the project.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Exhibit A
Item 3D45
Mr. Wes Heathcock
May 30, 2023
Based on our understanding of the project scope, the Wood Rodgers team will include Nexgen Utility Management (Nexgen) for wastewater treatment plant related aspects, and ECS for electrical engineering related aspects. Nexgen and ECS are currently providing engineering service through Wood Rodgers for the City’s WWTP Algae Reduction project. Wood Rodgers can provide all other services, including project management, application preparation, studies and report coordination and preparation, CEQA/NEPA documentation and coordination, geotechnical analysis, land survey, pump station and collection system design, bidding and support during construction.
The Wood Rodgers team will not provide construction management or inspection services during construction but will manage construction billing, change orders and other aspects related to contract administration. It is expected that the City will manage finance related activities between the City and the SWRCB.
Because this proposal for the professional services outlined does not include cost beyond preparation of two Planning Grant Applications, an amendment to this proposal will be necessary to adjust the scope to include the next phases of work. A brief list of key project components, from the CWSRF funding applications, to study, design and construction follows, with details of each component provided on the next pages. Generally, the list is ordered from first item of work to last. • Prepare Shady Glen CWSRF planning grant application and obtain planning grant funds. • Prepare City of Colfax CWSRF planning grant application and obtain planning grant funds. • Complete Shady Glen studies to develop the basis of design. These studies will likely address the following issues.
o Mapping (as necessary) of Shady Glen’s sewer system and WWTP. o Condition assessment of gravity conveyance system, including house services. o Identification of current and future sewer demands.
o Identify location and size of new pump station conveying sewage to City of Colfax. o Identify extent of decommissioning/demolition of WWTP. • Prepare financial impact study of Shady Glen connection and ongoing costs. • Complete City of Colfax studies to develop the basis of design. These studies will likely address the following issues.
o Location and demand of Shady Glen sewer discharge to the City of Colfax sewer system. o Collection system upgrades needed to support new sewer flows from Shady Glen. o City WWTP upgrades needed to support new sewer flows from Shady Glen. • Prepare improvement plans for Shady Glen (likely a single plan set). • Prepare improvement plans for City of Colfax (likely two plan sets, one for collection system improvements and one for WWTP improvements).
• Prepare environmental technical studies and CEQA/NEPA documentation. • Prepare CWSRF construction grant application and obtain construction grant funds for both projects.
• Prepare bid packages and manage bidding and award.
• Manage and provide engineering, geotechnical and environmental construction support DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D46
Mr. Wes Heathcock
May 30, 2023
Scope of Work
The following scope is intended to provide a detailed outline of Wood Rodgers’ professional services over the life of the project, as explained above; however, it is anticipated that preparation of the two CWSRF planning grant applications, for Shady Glen and City of Colfax, will inform and likely require updates to the scope of the studies needed to prepare the CWSRF construction grant applications. The Wood Rodgers Team billing rates for 2024 are provided at the end of this proposal as exhibits. These include the rates for Wood Rodgers’ Sacramento and Nevada offices (Exhibits A1 & A2), and our Nexgen (Exhibit B) and ECS (Exhibit C) partners.
TASK 1 – CWSRF Planning Grant Applications
Under this task, Wood Rodgers will prepare planning grant applications for submission to the SWRCB.
There will be two applications, one for Shady Glen and one for the City of Colfax. The work is anticipated to include workshops with Shady Glen community representatives and City of Colfax staff to confirm which the studies are necessary to identify the extent of project improvements and conditions of the existing infrastructure. Each planning grant application will include the following activity and key components managed and prepared by Wood Rodgers. Many components of the planning applications require information and documentation that the City and the Shady Glen Community will need to provide, such as finances, rate studies, and income surveys. Wood Rodgers will work with City and Shady Glen representatives to complete and submit the applications. Based on Wood Rodgers’ experience, it is anticipated that it will take more than six months for SWRCB to approve the planning application and allocate the necessary fund to support Task 2, below. Our scope includes working with SWRCB staff during the approval process.
• Project Scoping Workshops (1 for Shady Glen and 1 for City of Colfax) • Wastewater Planning Applications
• CWSRF Plan of Study
Our cost to complete this task is provided in the following Engineering Fees section of this proposal. We are not providing costs for the following additional task since, as mentioned above, these tasks are guidelines based on broad assumptions of the project scope.
Deliverables
• Memos outlining findings from scoping workshops
• Planning applications (including Plans of Study)
TASK 2 – Engineering Studies (Planning Grant)
Engineering studies will be prepared to identify, to the greatest extent possible with the planning funds available, the condition of the Shady Glen house services, gravity pipelines, and manholes. The studies will further identify constraints within the City’s collection system for acceptance of the new Shady Glen sewer flows. The following is an anticipate list of studies needed to develop a basis of design report that will identify improvements necessary to support consolidation of the Shady Glen sewer system into the City of Colfax. This list may change once the workshops and Plans of Study are completed as part of Task 1.
While Wood Rodgers will provide engineering oversight and management of the data collection phase for both Shady Glen and the City, it is expected that the City will contract directly with firms that specialize in the data collection activities.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D47
Mr. Wes Heathcock
May 30, 2023
2.1 – Shady Glen Community Engineering Studies
• Research and collection of historic records of the sewer system and WWTP including maps, record drawings, flow data and sewer evaluation reports. It is assumed that these records and reports will be gathered and provided to Wood Rodgers by Shady Glen representatives. • Additional data collection including, but not limited to the following:
o Sewer flows
o CCTV (video) inspections
o Smoke testing
o Manual flow source tracing, such as dye tests
• If not available, prepare an electronic map (Autocad and/or GIS) of the existing collection system.
o Survey all manholes to obtain manhole conditions, construction material, base and rim elevations, plus pipe data (invert elevations, size, material). o Calculated pipe slopes.
o Location of house cleanouts, sewer lateral sizes, materials, and connections to sewer mains.
• Prepare Basis of Design Report that will include the following engineering analysis o Hydraulic analysis of sewage conveyance within the Shady Glen Community including ▪ Average day and peak dry weather flows.
▪ Peak wet weather flows (10-year, 36-hour storm event). ▪ Surface water inflow and groundwater infiltration flows. o Develop design criteria for potential future growth within the Shady Glen Community and for any reconstruction of existing Shady Glen sewer infrastructure. o Evaluate growth (if needed) to identify anticipated future demand from build-out of the community or future connections to other communities.
o Evaluate existing collection system conditions and propose improvements. o Evaluate decommissioning and demolition of existing secondary WWTP. o Evaluate new pump station to redirect sewer flows to the City of Colfax. ▪ Locate pump station with possible alternatives (up to two). ▪ Size and describe all components of the pump station. ▪ Locate alignment, size, and describe the force main discharge from the pump station to the City’s collection system.
o Provide engineer’s construction cost estimate.
o Provide useful life cycle cost estimates.
2.2 – City of Colfax Engineering Studies
• Review historic records of sewer system and WWTP including maps, record drawings, flow data and sewer evaluation reports. Wood Rodgers has and maintains these records from past projects. • Additional data collection including, but not limited to the following:
o Sewer flows
o CCTV (video) inspections
o Smoke testing
o Manual flow source tracing, such as dye tests
• Update the City’s existing sewer model based on the results from the above Shady Glen studies.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D48
Mr. Wes Heathcock
May 30, 2023
• Prepare Basis of Design Report for the consolidation, identifying the impacts of the new Shady Glen flows on the City’s collection system and the WWTP. At a minimum, the study will include o Summary of the Shady Glen discharges into the City system. o Capacity analysis of City collection system and WWTP, including existing and post Shady Glen consolidation.
o Impact of future Shady Glen flows to projected City growth demands on its collection system and WWTP.
o Evaluate improvements to reduce O&M costs and increase capacity within the City collection system and at the WWTP. Possible projects include ▪ Rehabilitation of older equipment and pipelines
▪ Automation of influent diversion/equalization facilities. ▪ Addition of more efficient aeration blowers
▪ Addition of a sludge stabilization process to allow the sludge to be used as fertilizer instead of landfilled.
▪ New higher intensity UV disinfection system using more efficient lamps and reduced power.
▪ SCADA controls upgrades
▪ Other enhancements
o Engineer’s construction cost estimate of proposed improvements. o Useful life cycle cost estimates.
2.3 – Geotechnical Investigations and Reports
As needed, Wood Rodgers will provide geotechnical analyses and design services to augment the identified studies and to support the development of the overall improvement plan. The definitive extents of geotechnical services are not known at this time; therefore, the presented scopes should be viewed to represent our best assumptions based on our experience with similar improvements, comparable loads, and similar construction demands. Final scopes and costs for specific geotechnical investigations and reports will be developed and presented once project scopes of work are identified and honed during the planning grant application process and/or after completion of initial studies.
The following scopes are presented to attempt to identify potential geotechnical design needs. These lists are not comprehensive and do not catalogue specific sampling, evaluations, testing, and analyses that would be provided in the course of preparing the improvement specific geotechnical report. Permitting requirements have also not specifically considered at this stage.
2.3.1 – Shady Glen Geotechnical
• To the extent necessary, borings will be advanced around the existing WWTP to support decommissioning and demolition design and construction. If made available, geotechnical information obtained from the design and construction of the existing improvements can also be relied upon and applied.
• To support pump station design, borings will be advanced specific to any proposed pump station sites identified in the engineering studies.
• A preliminary geotechnical approach memo will be developed summarizing findings and presenting preliminary design and construction considerations. • Supplemental discussions specific to geotechnical design and construction approaches will be provided on an as needed basis.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D49
Mr. Wes Heathcock
May 30, 2023
2.3.2 – City of Colfax Geotechnical
• Borings advanced at each end of potential jack and bore sites (and extending at least to 5-feet below invert) for new sewer trunk crossing under Interstate 80. • Borings at each end of potential horizontal directional drilling or jack and bore sites for new sewer trunk crossing under Union Pacific Railroad tracks. • Borings around the City’s existing WWTP to support construction of proposed facilities identified in the engineering studies. If made available, geotechnical information obtained from the design and construction of the existing improvements can also be relied upon and applied. • A preliminary geotechnical approach memo will be developed summarizing findings and presenting preliminary design and construction considerations. • Supplemental discussions specific to geotechnical design and construction approaches will be provided on an as needed basis.
2.4 – Survey
Wood Rodgers will establish survey control, prepare topographic maps, and map property boundaries and easements pertinent to project sites to support engineering studies and design, as well as construction.
The extend of surveys for this proposal is an estimate and will be amended as necessary once the scope of the project is identified following submission of the CWSRF planning grant applications. In general, the survey effort will include the following:
• Research to identify and collect maps and records from the Placer County Recorder • Establishment of survey control around Shady Glen, City of Colfax and in between, as needed • Aerial imaging and mapping via high altitude flights or low altitude drones • Ground survey
• Preparation of topographic maps based on aerial images and ground survey data collection
2.4.1 – Shady Glen Project Survey
It is anticipated that the above tasks will be a single effort; however, the cost to the Shady Glen project will be proportioned based on area coverage ratios between the Shady Glen and the City project.
2.4.2 – City of Colfax Project Survey
It is anticipated that the above tasks will be a single effort; however, the cost to the City project will be proportioned based on area coverage ratios between the Shady Glen and the City project.
Deliverables
• Autocad and/or GIS files of existing Shady Glen collection system • Updated sewer system model incorporating Shady Glen impacts • Basis of design reports for Shady Glen and City of Colfax projects • Geotechnical Reports for Shady Glen and City of Colfax projects DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D50
Mr. Wes Heathcock
May 30, 2023
TASK 3 – Improvement Plans (Planning Grant)
Upon completion and approval of the Basis of Design Reports (BODR) by Shady Glen and City representatives, Wood Rodgers (WR) will begin design of the improvements described in the two BODRs. At a minimum there will be two improvement plans sets to ensure there is a clear separation between activity related to the Shady Glen grant fund and the City grant fund. Details within the below tasks are based on the assumed scope described above. Once the BODRs are complete, the actual design scope will be updated and amended as necessary.
The following lists provide key components that will likely encompass the improvement plans, to a greater or lesser degree. The Wood Rodgers team members assigned to each component is provided for clarity. This task includes development of technical specifications supporting the improvement plans.
3.1 – Shady Glen Improvement Plan Development
• Sewer house services, sewer main and manhole reconstruction or rehabilitation (WR) • Sewer pump station (WR & ECS)
• Sewer force main (WR)
• Secondary WWTP decommissioning and demolition (Nexgen)
3.2 – City of Colfax Improvement Plan Development
• Shady Glen force main connection to existing or new City collection system manhole (WR) • Sewer main and manhole rehabilitation or reconstruction, as needed (WR) • Jack and bore new sewer trunk under Union Pacific Railroad tracks (WR) • Jack and bore new sewer trunk under Interstate 80 (WR) • Various upgrades and upsizing of City WWTP (Nexgen & ECS) Deliverables (Shady Glen and City of Colfax)
• 30% Engineering Design
• 60% Engineering Design and Technical Specifications
• 95% Engineering Design and Technical Specifications
• Improvement Plans and Technical Specification (for bid) TASK 4 – Environmental Technical Studies and CEQA Documentation and Adoption After Wood Rodgers has completed engineering studies and 30% engineering design, we will begin research and studies for environmental clearance of the projects.
4.1 – Environmental Technical Studies
Wood Rodgers team of environmental specialists will complete environmental technical studies required to support the CEQA and SWRCB Federal Cross-Cutting Environmental Package requirements. These technical studies will include a Biological Resources Report (BRR) and Historic Property Identification Report (HPIR). The HPIR will support CEQA findings (including AB 52 requirements) and will also be prepared for concurrence with Section 106 of the National Historic Preservation Act. This scope of work assumes no other environmental technical studies would be required as part of the proposed project.
4.2 – CEQA Documentation
Wood Rodgers has determined that there will be no significant impacts as a result of the proposed project that cannot be mitigated to a less than significant level; therefore, a draft Initial Study with DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D51
Mr. Wes Heathcock
May 30, 2023
proposed Mitigated Negative Declaration (IS/MND) under the California Environmental Quality Act (CEQA) would be appropriate for this project. This scope of work assumes one (1) CEQA document will be sufficient for CEQA compliance of the proposed project.
Wood Rodgers will prepare a draft IS/MND for City review and comment. Once the draft IS/MND has been approved by the City, it will be circulated for public review for a period of 30 days. The IS/MND has a critical objective of providing a means by which the public and responsible agencies can participate in the environmental process by providing written comments on issues addressed in the IS/MND. Wood Rodgers will coordinate the preparation of the distribution list with the City, and pursuant to CEQA requirements, Wood Rodgers will also prepare a Notice of Availability/Notice of Intent for the Draft IS/MND. This notice, along with the draft environmental document, will be made available at the appropriate City office, Shady Glen community office, County Clerk, and a local newspaper or distribution list of local property owners during the 30-day public circulation and review period. In addition, the document will be distributed to other reviewing government agencies through the California State Clearinghouse. Wood Rodgers will facilitate preparation of all hard copies, electronic copies, public notices, and direct mailers to ensure the public circulation period is noticed pursuant to CEQA requirements.
Following public circulation of the Draft IS/MND, Wood Rodgers will review and coordinate with the City to prepare written responses to any comments received. All comments and written responses will be included within the Final IS/MND as an Appendix. Wood Rodgers will prepare a Final IS/MND and Mitigation Monitoring and Reporting Program (MMRP) for City final review and approval.
To complete the CEQA process, Wood Rodgers will prepare and file a Notice of Determination (NOD) with the Placer County Recorder's Office and the Office of Planning and Research State Clearinghouse within 5 days of the County’s approval of the Final IS/MND and MMRP (pursuant to CEQA guidelines). This scope of work assumes the City will provide payment for the CEQA filing fee at the time the Notice of Determination is filed.
4.3 – Environmental Permitting
Based on our review of the proposed project, there is potential for the project to impact waters of the U.S., waters of the State, and CDFW jurisdictional habitats during construction. Wood Rodgers’ permitting specialist will review all engineering studies and preliminary design to confirm if impacts would occur. If impacts are identified, Wood Rodgers will prepare the appropriate regulatory permit applications for Clean Water Act Section 404 (United States Army Corps of Engineers), Section 401 (Regional Water Quality Control Board), and Section 1602 of California Fish and Game Code (CDFW). Wood Rodgers will work with the permitting agencies to secure approvals of required compliance with the Clean Water Act, state water quality regulations, and state habitat protection. This scope of work assumes the City will be responsible for all permit application fees as well as any required compensatory mitigation costs determined by the final permits.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D52
Mr. Wes Heathcock
May 30, 2023
TASK 5 – Planning Project Management (Planning Grant)
Once the planning applications are approved by the SWRCB and CWSRF planning grant funding is available, Wood Rodgers will manage the planning grant process for both Shady Glen and the City. This management is anticipated to include the following, based on our experience with similar projects.
5.1 – Shady Glen Project Management
• Prepare quarterly status reports to SWRCB
• Coordinate and attend community meeting and design workshops • Prepare and distribute meeting agenda and minutes
• Coordinate and provide documentation for CEQA/NEPA preparation and adoption • Prepare miscellaneous exhibits
5.2 – City of Colfax Project Management
• General project coordination
• Prepare quarterly status reports to SWRCB
• Prepare and distribute meeting agenda and minutes
• Coordinate and provide documentation for CEQA/NEPA preparation and adoption • Prepare miscellaneous exhibits
5.3 – Travel and other Reimbursements
This task includes travel mileage from Wood Rodgers to Colfax, plan duplication, and other incidental costs based on Wood Rodgers fee schedule provided in Exhibit A1.
TASK 6 – Construction Grant Application and Agreement (Planning Grant) At 60% or 90% improvement plan development, the City and Wood Rodgers will prepare the CWSRF construction grant application for both the Shady Glen Community and the City of Colfax. The applications will be submitted to the SWRCB once the project CEQA is adopted by City Council and any other required signatory body. Based on Wood Rodgers’ experience, we expect both grant application approvals to take six months to one year.
6.1 – Shady Glen Construction Grant Application
Wood Rodgers will work with Shady Glen Community representatives, City staff, and SWRCB staff to complete the CWSRF construction grant application. The grant amount requested will be bases up the engineer’s estimate for both construction and construction management.
6.2 – City of Colfax Construction Grant Application
Wood Rodgers will work with City and SWRCB staff to complete the CWSRF construction grant application. The grant amount requested will be bases up the engineer’s estimate for both construction and construction management.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D53
Mr. Wes Heathcock
May 30, 2023
TASK 7 – Construction Bidding and Award (Construction Grant) Following execution of the CWSRF construction grant agreements between Shady Glen representatives and City representatives, the Wood Rodgers team will prepare bid documents. These documents will be developed using EJCDC format with all contract requirements based on the funding source (Federal or State) along with the completed improvement plans and technical specifications. It is anticipated that award will occur within two months of bid opening.
Wood Rodgers scope for construction bidding will include the following. This scope assumes that bidding occurs once per project.
• Prepare bid documents
• Prepare authorization to bid staff reports and attend Council meeting, as necessary • Advertise bid documents electronically (City will provide local paper advertisement) • Post bid documents through the City’s account on CIPList or other bid posting service • Review and respond to all RFIs
• Prepare and publish bid addenda
• Attend biding openings
• Prepare authorization of award staff report and attend Council meeting, as necessary • Coordinate authorization of award with SWRCB
7.1 – Shady Glen Bidding and Award
The improvement plans and specification for the Shady Glen project will be publicly bid in accordance with California Public Contracting Code and in the same manner as the City of Colfax project, but not necessary at the same time. Bids will be publicly opened and read at Colfax City Hall with a Wood Rodgers representative in attendance, if requested.
7.2 – City of Colfax Construction Grant Application
The improvement plans and specification for the City project will be publicly bid in accordance with California Public Contracting Code in the same manner as the Shady Glen project, but not necessary at the same time. Bids will be publicly opened and read at Colfax City Hall with a Wood Rodgers representative in attendance, if requested.
TASK 8 – Engineering Construction Support (Construction Grant) Following bid award, the Wood Rodgers team will support construction as needed. Support related to this task is for technical assistance only and does not include day-to-day project management as described in the next task. Day-to-day construction management and inspection (CM&I) will be provided by a firm specializing in those services and contracted with the City, directly.
These are the engineering construction support services that Wood Rodgers will typically provide:
• Review and respond to contractor RFIs
• Review and approve contractor submittals
• Respond to the CM&I firm as needed
• Attend regular construction progress meetings with CM&I and construction contractors • Provide plan revisions as needed based on unexpected field conditions • Prepare record drawings based on contractor as-built drawings DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D54
Mr. Wes Heathcock
May 30, 2023
8.1 – Shady Glen Project Construction Support
Wood Rodgers anticipates that the engineering team will work with the City and CM&I, and that Shady Glen representatives will defer construction oversight to the City.
8.2 – City of Colfax Project Construction Support
See above list of typical tasks.
TASK 9 – Geotechnical Inspection Services
Day-to-day geotechnical inspection services can be provided by Wood Rodgers and/or can contracted by the City of Colfax directly. Because Wood Rodgers is accredited by AASHTO Material’s Reference Lab ASTM E329 Standard Specification for Agencies Engaged in Constriction Inspection, Testing, or Special Inspection, geotechnical inspection practices will be consistent with the requirements of AASHTO and Caltrans’ and will include:
• Soils testing and inspection of mass grading and fill placement. • Material placement and testing observations for: soils, concrete, hot mix asphalt, and structural masonry or steel.
• Structural inspection – Special Inspection as required by the contract documents. • Engineer of Record services providing testing and inspection of civil improvements to verify consistency with City of Shady Glen and City of Colfax standards and requirements (including video verification, pressure testing, ball and mandrel, etc.) • Review of pay requests and field verification of materials and completion of processes. • Verification of change order processes and quantities. • Additional services as project development requires.
9.1 – Shady Glen Geotech Inspection Services
Wood Rodgers will work with the CM&I firm and the contractor on an as needed basis to provide the above geotechnical inspection services.
9.2 – Shady Glen Project Geotech Inspection Services
See above list of typical tasks.
TASK 10 – Environmental Construction Support
10.1 – Shady Glen Environmental Construction Support
Wood Rodgers’ qualified biologist will provide environmental construction support services for the Shady Glen construction activities, including environmental awareness worker trainings, migratory nesting bird surveys, coordination with permitting agencies, biological monitoring tasks, and Mitigation Monitoring and Reporting Program compliance checks. This scope of work assumes construction activities within the Shady Glen community would not require special status species monitoring.
10.2 – City of Colfax Environmental Construction Support Wood Rodgers’ qualified biologist will provide environmental construction support services for the City of Colfax construction activities, including environmental awareness worker trainings, migratory nesting bird surveys, coordination with permitting agencies, biological monitoring tasks, and Mitigation Monitoring and Reporting Program compliance checks. This scope of work assumes construction activities within the City of Colfax would not require special status species monitoring.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D55
Mr. Wes Heathcock
May 30, 2023
TASK 11 – Surveying (Construction Grant)
11.1 – Construction Staking
Wood Rodgers will provide control and initial construction stakes for the contractor use based on the improvement plans. Any re-staking due lost or damaged stakes should be reset by the contractors or the cost for Wood Rodgers to re-stake should be deducted from the contract amount. At times, re-staking is necessary due to circumstances out of the contractor’s control; for this reason, we are providing a restaking task.
11.2 – Re-Staking
Wood Rodgers will reset staking as needed. The primary purpose of this task is to track the cost of restaking that can be used as the basis for contract cost deduction. Wood Rodgers will not contract directly with the contractors for this service.
Task 12 – Project Management (Construction Grant)
Wood Rodgers will oversee the construction project on behalf of the City and the Shady Glen Community. This oversight includes communication and coordination with City staff, SWRCB staff, the CM&I consultant, and the contractors. Coordination with Caltrans, PCWA, Union Pacific Railroad is also included.
Project management of construction activities include the following:
• Grant reimbursement and quarterly project status reports submitted to SWRCB • Contractor progress payments
• Contract change orders
• Attend recurring construction progress meetings (CM&I consultant is expected to organize and run these meetings and provide meeting agendas and minutes). • Prepare financial budget approval documentation required by SWRCB for each phase of construction.
• CWSRF/project closeout and audits by the State
• Communication and coordination with the City, Shady Glen, Caltrans, PCWA and UPRR The task excludes amendments to the grant funding agreements with the SWRCB or other unanticipated coordination not listed above. Wood Rodgers’ position is that the effort to manage the project is difficult to quantify.
12.1 – Shady Glen Project Management
Wood Rodgers will provide the above listed services with the exception conditions for the Shady Glen construction grant project.
12.2 – City of Colfax Project Management
Wood Rodgers will provide the above listed services with the exception conditions for the City of Colfax construction grant project.
12.3 – Travel and other Reimbursements
This task includes travel mileage from Wood Rodgers to Colfax, plan production, and other incidental costs based on Wood Rodgers fee schedule provided in Exhibit A1.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D56
Engineering Fee
Wood Rodgers teams will bill on a Time & Material basis initially utilizing the rate provided in Exhibits A1, A2, B and C. Wood Rodgers reserves the right to transfer budget between tasks without affecting the total project budget.
SCOPE ITEM
ESTIMATED
BUDGET
TASK 1 – CWSRF Planning Grant Applications
1.1 – Shady Glen Application $ 20,800
1.2 – City of Colfax Application $ 20,800
TOTAL BUDGET PER THIS PROPOSAL: $ 41,600
CONDITIONS, ASSUMPTIONS AND EXCEPTIONS
1. This scope of work incorporate all anticipated work required under the CWSRF planning and construction grants. Wood Rodgers will amend the scope and Engineering Fee for the remaining tasks upon request and after the Planning Grant Applications are submitted to the SWRCB.
2. Nothing in this scope provides for construction management or construction inspection, other than geotechnical inspection services. It is assumed that the City will contract directly with another firm for these services.
3. Wood Rodgers subconsultant invoices will include a 10% markup.
4. The rates provided in the enclosed exhibits may adjust annually at the begging of each calendar year to account for inflation.
5. The City will pay any applicable plan check, inspection, permit and application fees.
6. Coordination for approvals will be provided by the City only. No other agencies will be consulted, coordinated with, or sought out for approvals.
7. Legal review of bidding documents is not included.
8. Expert witness services are not included.
9. The budget for individual task may be moved between task as necessary but the total budget will not be exceeded without prior written approval of both parties. Wood Rodgers, Inc. will not assume responsibility for the use of these costs in budget analysis or be held liable for potential cost increases associated with the development of this project.
We trust this Proposal is in sufficient detail to meet your needs and we thank you for the opportunity to provide the requested professional services. If you have any questions, please do not hesitate to call.
Sincerely, IN AGREEMENT WITH THE ABOVE ITEMS
WOOD RODGERS, INC CITY OF COLFAX
Jim Fletter, PE 73457 Wes Heathcock
Associate Engineer City Manager
Matthew Spokely, PE 57647
Principal
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D57
EXHIBIT A1
SACRAMENTO & ROSEVILLE FEE SCHEDULE
CLASSIFICATION STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $300 Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I $265 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II $240 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I $230 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II $215 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* I $205 Engineer/Geologist/Surveyor/Planner/GIS/LA* II $195
Engineer/Geologist/Surveyor/Planner/GIS/LA* I $180
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA* $150 Designer $95
Senior CAD Technician/Graphics Designer II $180
Senior CAD Technician/Graphics Designer I $160
CAD Technician/Graphics Designer $140
Project Coordinator $155
Administrative Assistant $120
1 Person Survey Crew $235
2 Person Survey Crew $340
3 Person Survey Crew $435
Consultants, Outside Services, Materials & Direct Charges Cost Plus 10% Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50% *LA = Landscape Architect
Blueprints, reproductions, and outside graphic services will be charged at vendor invoice. Auto mileage will be charged at the IRS standard rate, currently 65.5 cents per mile.
Fee Schedule subject to change January 1, 2024.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D58
EXHIBIT A2
NEVADA FEE SCHEDULE
CLASSIFICATION STANDARD RATE
Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* II $260 Principal Engineer/Geologist/Surveyor/Planner/GIS/LA* I $245 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* II $230 Senior Engineer/Geologist/Surveyor/Planner/GIS/LA* I $215 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* II $200 Project Engineer/Geologist/Surveyor/Planner/GIS/LA* I $190 Engineer/Geologist/Surveyor/Planner/GIS/LA* II $175
Engineer/Geologist/Surveyor/Planner/GIS/LA* I $165
Assistant Engineer/Geologist/Surveyor/Planner/GIS/LA* $145 Designer $95
Senior CAD Technician/Graphics Designer II $165
Senior CAD Technician/Graphics Designer I $155
CAD Technician/Graphics Designer $135
Project Coordinator $135
Administrative Assistant $115
Construction Manager $175
Senior Inspector II $145
Senior Inspector I $130
Inspector II $125
Inspector I $105
Senior Field Technician I $130
Field Technician II $110
Field Technician I $95
1 Person Survey Crew $175
2 Person Survey Crew $230
3 Person Survey Crew $305
Consultants, Outside Services, Materials & Direct Charges Cost Plus 10% Overtime Work, Expert Witness Testimony and Preparation Rate Plus 50% *LA = Landscape Architect
Blueprints, reproductions, and outside graphic services will be charged at vendor invoice. Auto mileage will be charged at the IRS standard rate, currently 65.5 cents per mile.
Fee Schedule subject to change January 1, 2024.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D59
EXHIBIT B
HOURLY FEE SCHEDULE
CLASSIFICATION 2023 HOURLY RATE
Principal $280
Senior Engineer $260
Senior CAD Designe $160
Associate Engineer $220
Engineer $190
CAD Designer $120
Administration $100
Senior Construction Manager $260
Associate Inspectors $160 - $200
(prevailing wage
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus five percent (5%) for items such as: sub-consultants, soils engineers, surveyors, drillers, labs, and contractors.
* After 2023, these labor rates will be increased by the United States Department of Labor’s Consumer Price Index (CPI) for All Western Small Cities (population under 2.5 million) DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D60
EXHIBIT C
ECS Engineering
HOURLY RATES
CLASSIFICATION HOURLY RATE
Principal / Electrical Engineer 176
Electrical Designer 153
AutoCAD 128
Clerical 104
Fee Schedule subject to change January 1, 2024.
DocuSign Envelope ID: FD040C5E-3872-4D69-BC42-9816BE10BC22 Item 3D61
City of Colfax FY 2023/2024 SB 1 Funding Project List
Staff Report June 14, 2023
Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Carl Moore, City Engineer
FY 2023/2024 SB 1 Funding
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
State Senate Bill (SB 1), also known as the Road Repair and Accountability Act (RMRA) of 2017, was signed into law by Governor Brown on April 28, 2017. SB 1 establishes funding to address deferred maintenance on the State highway system and local street and road systems. The bill provides that funds shall be used for: Road Maintenance and Rehabilitation, Safety Projects, Railroad Grade Separations, Complete Street Components or, Traffic Control Devices.
The City is expected to receive about $49,481 in SB 1 Funds in Fiscal Year 2023-2024. SB 1 revenues should increase in subsequent years.
To be considered for funding, SB 1 requires all projects proposed for SB 1 Funding be named and acknowledged by resolution. Staff is recommending the following projects:
• Culver Street (Phase III) – This project involves reconstructing Culver Street from Church Street to W. Grass Valley Street. The project would complete the Culver Street corridor and is estimated at $421,294. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
• Pleasant Street – This project involves reconstructing Pleasant Street from Depot Street to Parkhill Dr.
The project is estimated at $1,374,472 and is intended to provide a new roadway surface to improve traffic flow and quality of the roadway.
• Depot Street – This project involves reconstructing Depot Street from Kneeland Street to N. Main Street. The project is estimated at $578,000 and is intended to provide a new roadway surface to improve traffic flow and quality of the roadway.
• School Street – This project involves reconstructing School Street form N. Main Street to Pleasant Street. The project is estimated at $358,100 and is intended to provide a new roadway surface to improve traffic flow and quality of the roadway.
• Forest Hill Street – This project involves reconstructing Forest Hill Street from Highway 174 to Vista Avenue. The project is estimated a $857,853 and is intended to provide a new roadway surface to improve traffic flow and quality of roadway along this corridor. • Church Street – This project involves reconstructing Church Street from Rising Sun to Culver Street.
The project is estimated a $295,784 and is intended to provide a new roadway surface to improve traffic flow and quality of roadway along this corridor.
RECOMMENDED ACTION: Adopt Resolution __-2023 to adopt a list of potential projects for Fiscal Year 2023-2024 to be funded in full or in part by SB 1, the Road Repair and Accountability Act, ensuring eligibility for State of California Road Maintenance and Rehabilitation Account (RMRA) revenues.
Item 3E
62 Project List
City of Colfax FY 2023/2024 SB 1 Funding Project List
Staff Report June 14, 2023
The SB 1 funding will be used in conjunction with the Community Development Block Grant Over-the-Counter projects to maximize program administration efficiency.
Attachments:
1. Resolution __-2023
Item 3E
63 City of Colfax
Resolution -2023
SB 1 Funding Project List
City of Colfax
City Council
Resolution № -2023
ADOPT A LIST OF POTENTIAL PROJECTS FOR FISCAL YEAR 2023-24 TO BE FUNDED IN FULL OR IN PART BY SB 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT, ENSURING
ELIGIBILITY FOR STATE OF CALIFORNIA ROAD MAINTENANCE AND REHABILITATION
ACCOUNT (RMRA) REVENUES
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 was passed by the State Legislature and signed into law by the Governor on April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and,
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Colfax are aware of the projects proposed for funding and which projects have been completed each fiscal year; and,
WHEREAS, the City of Colfax must adopt a resolution of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and,
WHEREAS, the City of Colfax, will receive an estimated $49,481 in RMRA funding in FY 2023-24 from SB 1; and,
WHEREAS, the City of Colfax adopted its City of Colfax 2018 Pavement Management Plan and used said Pavement Management Plan to develop the SB 1 project list for SB 1 funds that are being used on the highest priority projects and in the most cost-effective way; and, WHEREAS, the funding from SB 1 will help the City of Colfax maintain and/or rehabilitate street/roads within the City of Colfax this year and similar projects in the future.
NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax affirms the foregoing recitals are true and correct. The City of Colfax hereby adopts the following list of projects to be funded in part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues. • Culver street Reconstruction (Phase III)
O Description: Street reconstruction. The project is estimated at $421,294. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
O Location: Culver Street from Church Street to W. Grass Valley Street. o Estimated Useful Life of Project: 20 years.
o Estimated Year of Construction: Fiscal Year 2023-24
Item 3E64
City of Colfax
Resolution -2023
SB 1 Funding Project List
• Pleasant Street Project
O Description: Street reconstruction. The project is estimated at $1,374,472. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
O Location: Pleasant Street from Depot Street to Parkhill Drive. o Estimated Useful Life of Project: 20 years.
o Estimated Year of Construction: Fiscal Year 2023-24
• Depot Street Project
O Description: Street reconstruction. The project is estimated at $578,000. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
O Location: Depot Street from Kneeland Street to North Main Street. o Estimated Useful Life of Project: 20 years.
o Estimated Year of Construction: Fiscal Year 2023-24
• School Street Project
O Description: Street reconstruction. The project is estimated at $358,100. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
O Location: School Street from Pleasant Street to North Main Street. o Estimated Useful Life of Project: 20 years.
o Estimated Year of Construction: Fiscal Year 2023-24
• Forest Hill Project
O Description: Street reconstruction. The project is estimated at $857,853. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
O Location: Forest Hill Street from Highway 174 to Vista Avenue. o Estimated Useful Life of Project: 20 years.
o Estimated Year of Construction: Fiscal Year 2023-24
• Church Street Project
O Description: Street reconstruction. The project is estimated at $295,784. The project is intended to provide a new roadway surface to improve traffic flow and the quality of the roadway.
O Location: Church Street from Rising Sun to Culver Street. o Estimated Useful Life of Project: 20 years.
o Estimated Year of Construction: Fiscal Year 2023-24
Item 3E65
City of Colfax
Resolution -2023
SB 1 Funding Project List
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 14th day of June 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Trinity Burruss, Mayor
ATTEST:
Marguerite Bailey, City Clerk
Item 3E
66 City of Colfax Annual Appropriation Limits
Staff Report June 14, 2023
Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From:
Prepared by:
Subject:
Wes Heathcock, City Manager
Laurie Van Groningen, Finance Director
Annual Appropriation Limits
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
In 1979, California voters approved Proposition 4, an initiative that added Article XIII B to the California Constitution. This constitutional amendment, known as the Gann Initiative, placed limits on the growth of expenditures for publicly funded programs. Division 9 of Title 1, beginning with Section 7900 of the Government Code, was then added to law to specify the process for calculating state and local government appropriation limits and appropriations subject to limitation under Article XII B of the Constitution. These constitutional and statutory sections explain and define the appropriations limit and appropriations subject to limitation as they apply to state and local government, and require that each entity of government formally "adopt" its appropriations limit for a given fiscal year and certify actual appropriations limit for the preceding year.
The data required to complete the calculation is provided by the State of California, Department of Finance.
The appropriation limit is calculated based on two factors: a percentage change in population in conjunction with a change in the cost of living or price. Under Proposition 111, there are options available for each of the calculation factors:
Population Factor – The City can elect to utilize the percent growth in City population or the percent growth in County population.
Price Factor – The City can elect to use the percent growth in State per capita personal income or the percent change in assessed valuation in new non-residential construction.
The population and price factors are multiplied together to calculate the Growth factor. The Growth factor is applied to the previous year calculated appropriated limit to determine the current fiscal year appropriation limit.
The Appropriations Limitation (Limit) imposed by the Propositions creates a restriction on the amount of revenue which can be appropriated in any fiscal year. Not all revenues are restricted by the Limit, only those which are referred to as “proceeds of taxes”. During any fiscal year, a city may not appropriate any proceeds of taxes they receive in excess of their Limit. In fact, any excess funds remaining after two years must be returned to the taxpayers.
RECOMMENDED ACTION: Adopt Resolution __-2023 certifying compliance with the Fiscal Year 2022-2023 Appropriation Limitation and establishing the Appropriation Limitation for the Fiscal Year 2023- 2024
Item 3F67
City of Colfax Annual Appropriation Limits
Staff Report June 14, 2023
For the 2023-2024 Appropriation Limit calculation, the growth in Placer County population of .21% is more favorable than the City of Colfax percent decline of -1.08 % and has therefore been utilized in the calculation.
For the price factor, the percentage change in State per capita income of 4.44% is used to calculate the Limitation. The population and price factors are multiplied together for a combined factor of 1.047. The combined growth factor is applied to the fiscal year 2022-2023 Appropriation limit of $7,015,627 to determine the fiscal year 2023-2024 limit of $7,342,508.
Based on the estimated actuals for fiscal year 2022-2023 and the proposed fiscal year 2023-2024 budget the City will be well under its Appropriation Limit for both years.
Attachments
1. Public Notice – Notice of Determination of appropriations Limit for the Fiscal Year 2023-2024.
2. Resolution XX-2023
a. Attachment 1 – Estimated actual appropriation for the fiscal year 2022-2023 b. Attachment 2 – Appropriation Limit Calculation for fiscal year 2023-2024
3. Department of Finance Price and Population information for use in calculations for fiscal year 2023-2024 appropriations limit – May 2023.
Item 3F68
COLFAX City Of Colfax
33 SOUTH MAIN STREET, COLFAX, CA
PUBLIC NOTICE
NOTICE OF DETERMINATION OF APPROPRIATIONS LIMIT
FOR THE FISCAL YEAR 2023-2024
Section 7910 of the California Government Code requires each local government agency to determine during each fiscal year the appropriations limit pursuant to Article XIIIB of the California Constitution applicable during the fiscal year. The limit must be adopted at a regularly scheduled meeting or at a noticed special meeting, and the documentation used in determining the limit must be made available for public review fifteen days prior to such meeting.
Set below is the methodology to be used to calculate the Fiscal Year 2023-2024 appropriations limit for the City. The limit is set forth below and will be considered and adopted at the regularly scheduled meeting of the Colfax City Council on June 14, 2023.
Appropriations Limit for FY 2022-2023
2023-2024
$7,015,627
Price Factor
Change in California per capita 1.0444 Department of Finance - May 2023 Population Factor
Placer County 1.0021 Department of Finance - May 2023
Combined Growth Factor 1.047 . Price Factor x Population Factor Appropriations Limit for FY 2023-2024 $7,342,508 Calculated Limit for fiscal year 2023-2024 Note: *Fiscal year 2023-2024 elected to use population factor for Placer County versus City of Colfax Documentation may be requested from Colfax City Hall during regular work hours - Monday through Thursday, 8:00am to 5:00pm.
I, Marguerite Bailey, City Clerk for the City of Colfax declare that this Notice was posted at Colfax City Hall and the Colfax
�
Post Office. The Notice is also available on the City website at www.Colfax-ca.gov. �----- May 24, 2023
Item 3F69
_________________________________________________________________________________________ City of Colfax Annual Appropriation Limits
Resolution __-2023
City of Colfax
City Council
Resolution № __-2023
CERTIFYING COMPLIANCE WITH THE 2022-2023 FISCAL YEAR APPROPORIATION LIMITATION AND ESTABLISHING THE APPROPRIATION LIMITATION FOR THE 2022-2023 FISCAL YEAR WHEREAS, the City Council of the City of Colfax hereby certifies that the estimated actual appropriations for the Fiscal Year 2022-2023 will fall within the appropriation limitation for the 2022-2023 Fiscal Year as demonstrated in Attachment 1; and,
WHEREAS, the City Council of the City of Colfax must establish the appropriation limitation for the Fiscal Year 2023-2024, as calculated in Attachment 2; and, NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax that the 2022-2023 Fiscal year expenditures fall within the established limitations. The limitations are hereby established at $7,342,508.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 14th day of June 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 3F70
Tax Revenues to be included in calculation: Actuals*
100-000-4010 Property Taxes $ 430,000
100-000-4020 Sales and Use Taxes $ 1,297,800
100-000-4040 Transient Occupancy Taxes $ 130,000
100-000-4100 Franchises $ 100,000
100-000-4200 Business Licenses $ 38,000
100-000-4700 State Motor Vehicle License $ 2,500
100-000-4710 Motor Vehicle In Lieu $ 180,000
100-000-4030 Cannabis Business Tax $ 40,000
Total Tax Revenue $ 2,218,300
Calculated Appropriation Limit Fiscal Year 2020-2021 $ 7,015,627 Remaining appropriation limit capacity $ 4,797,327
68%
*Estimate as of Mid-Year Budget review February 2023
2022-2023
CITY OF COLFAX
APPROPRIATION LIMIT CALCULATION
Attachment 1
Item 3F71
Fiscal Year
Computed Limit
Previous Year
Cost of Living
Factor
Population Factor
County
Population Factor
City
Combined Growth
Factor Computed Limit
Population Factor
Election*
2009-2010 3,519,759 $ 1.0062 1.0174 1.0097 1.0237 $ 3,603,205 County 2010-2011 3,603,205 $ 0.9746 1.0170 1.0567 1.0299 $ 3,710,796 City 2011-2012 3,710,796 $ 1.0251 1.0151 1.0072 1.0406 $ 3,861,377 County 2012-2013 3,861,377 $ 1.0377 1.0110 1.0056 1.0491 $ 4,051,027 County 2013-2014 4,051,027 $ 1.0512 1.0056 0.9960 1.0571 $ 4,282,287 County 2014-2015 4,282,287 $ 0.9977 1.0147 1.0050 1.0124 $ 4,335,243 County 2015-2016 4,335,243 $ 1.0382 1.0076 0.9970 1.0461 $ 4,535,055 County 2016-2017 4,535,055 $ 1.0537 1.0096 1.0019 1.0638 $ 4,824,462 County 2017-2018 4,824,462 $ 1.0369 1.0176 1.0369 1.0551 $ 5,090,529 County 2018-2019 5,090,529 $ 1.0367 1.0166 1.0014 1.0539 $ 5,364,955 County 2019-2020 5,364,955 $ 1.0385 1.0185 1.0010 1.0577 $ 5,674,579 County 2020-2021 5,674,579 $ 1.0373 1.0195 1.0146 1.0575 $ 6,001,022 County 2021-2022 6,001,022 $ 1.0573 1.0150 1.0084 1.0732 $ 6,440,054 County 2022-2023 6,440,054 $ 1.0755 1.0037 1.0129 1.0894 $ 7,015,627 City 2023-2024 7,015,627 $ 1.0444 1.0021 0.9892 1.0466 $ 7,342,508 County City of Colfax
Appropriation Limit Calculation
Attachment 2
*The City can elect to utilize the percent growth in City popultion or the percent growth in County population. Note: In June 2019, the City recalculated the historical Appropriations limit from original adoption in fiscal year 1981 to June 30, 2019. The total growth factor for each year is the City population factor multiplied by the per capita income factor for fiscal years 1980 to 1987 and the larger of the City or County population factor multiplied by the per capita income factor for fiscal years subsequent to 1987. Independent Accountants Report dated June 3, 2019.
Item 3F72
Item 3F73
Item 3F74
Item 3F75
Item 6A
City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Staff Report to City Council
FOR THE JUNE 14, 2023 REGULAR CITY COUNCIL MEETING
From: Wes Heathcock, City Manager
Prepared by: Emmanuel Ursu, Planning Director
Subject: 143 Whitcomb Ave. (APN 006-072-001) – Design Review 2022-02 Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
A design review application to develop a self-storage facility on the subject site was submitted by Walter White and Jim Marconi. In response to staff comments, the design of the proposal was revised and resubmitted. The revised plans include a modicum of architectural interest with variation in building roof forms of the street facing buildings, a mix of exterior materials, sidewalks on the project frontage along both Whitcomb Ave. and Railroad St., and additional landscaping, among other revisions.
During the review process, an adjoining property owner reviewed the plans and informed staff that grading of the site by a prior property owner rendered his access easement over the project site and an existing public utilities easement unusable, and the proposed project included buildings over public and private utility and drainage easements.
In cooperation with the adjoining property owner and City staff, the applicant made further modifications to the project to address the conflicts with the easements on the site. A detailed description of the existing and proposed modifications to the private and public easements is provided in the Discussion section below. The project was scheduled for the May 24, 2023 Council meeting and a staff report with recommended conditions of approval was published. However, the May 24, 2023 meeting was cancelled and in the applicant made additional revisions to the project to address some concerns raised in the May 24 staff report. This staff report and recommended conditions of approval have been revised accordingly.
Scope of Review
Land development is subject to the goals, policies, and objectives of the Colfax General Plan and to the quantitative and qualitative standards of the Colfax Municipal Code (CMC). Per CMC section
17.32.010(C) design review is required for new construction. If the City Council approves the design review application for the subject project, before building permits may be issued, City Council approval of changes to the public easements on the site will be required.
Discussion
Project Site and Context
The project site is on the north side of Whitcomb Ave. approximately 1,000 feet west of S. Auburn St. at the northwest corner of the “T” intersection of Railroad St. and Whitcomb Ave., as delineated with red lines in Figure 1. Along the project frontage, Railroad St. is unimproved with no curb, gutter, or sidewalk and is unpaved, except for approximately the first 40 feet at the Whitcomb Ave. intersection.
RECOMMENDED ACTION: Approve a Design Review application to allow the construction of a 333-unit self-storage facility, subject to conditions.
76 Item 6A
City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Whitcomb Ave. has curbs and gutters on both sides and is paved. There are no sidewalks along the project frontage. Water and sewer service are available from a 12-inch water line and an 8-inch sewer line that run under Whitcomb Ave. along the full length of the project frontage and beyond.
An intermittent stream drains south from the northeast corner of the property along the long segment of the east property line before it is piped in a 48-inch storm drainpipe at the jog in the east side property line approximately 150 north of Whitcomb Ave. The storm drainpipe extends under Whitcomb Ave. and onto properties to the south.
The site is 2.56 acres and has an irregular shape with almost 450 feet of frontage along Whitcomb Ave. and 150 feet of frontage along Railroad St. Previous grading of the site created two pads separated by an approximately 2:1 slope that runs perpendicular to Whitcomb Ave. The westerly pad is approximately five feet to eight feet higher in elevation than the easterly pad. The site drains to the south toward Whitcomb Ave. and is devoid of trees.
Properties to the east are zoned RM-2 and properties on all other sides of the project site are in the Light Industrial zoning district. Properties adjacent to the project site on the north side of Whitcomb Ave. are vacant and there are two one-story commercial/light industrial buildings across the street on the south side of Whitcomb Ave. The vacant site in the RM-2 zone to the east of the rear portion of the property is currently on the market for sale.
Figure 1: Project Site and Context Map
Project Description
The applicant proposes the construction of 334 self-service storage units in 11 buildings ranging in size from 1,400 square feet to 17,625 square feet as shown in Table 1. 77 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Table 1: Building and Unit Sizes
Building Unit Type Number of Units Size (SF)
A Office 1 240
10x18 2 360
10x20 5 1,000
Subtotal A 8 1,600
B 10x20 9 1,800
Subtotal B 9 1,800
C (Upper) 5x5 6 150
10x5 25 1,250
10x10 60 6,000
10x15 11 1,650
10x20 13 2,600
C (Lower) 5x5 1 25
10x5 8 400
10x10 15 1,500
10x15 22 3,300
10x30 5 750
Subtotal C 166 17,625
D 5x5 1 25
10x5 7 350
10x10 36 3,600
10x15 1 150
10x20 3 600
10x25 7 1,750
Subtotal D 55 6,475
E 12x30 24 8,640
12x15 1 180
Subtotal E 25 8,820
F 10x10 1 100
10x20 12 2,400
10x25 10 2,500
Subtotal F 23 5,000
G 10x20 7 1,400
Subtotal G 7 1,400
H 10x5 2 100
10x18 4 720
10x20 8 1,600
Subtotal H 14 2,420
I 10x10 3 300
10x15 4 600
10x20 3 750
Subtotal I 10 1,650
J 10x23 4 920
10x25 3 750
Subtotal J 7 1,670
K 10x18 6 1,080
10x20 4 800
Subtotal K 10 1880
Total (Units and SF Net Rental Area) 334(1) Units 49,950 SF (1) Includes office space.
Item 6A
78 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Primary access to the facility is from Whitcomb Ave. through a gate near the westerly side of the site.
Four parking spaces, including one handicapped accessible space, are located on the street side of the gate and a bicycle rack is provided just inside the gate near the entrance to the office. Long rectangular buildings that are one unit deep are located around the perimeter of the site and three buildings are in the interior of the site. Buildings A, K, and J are along the Whitcomb Ave. frontage and Building H is along the Railroad St. frontage. Gated emergency vehicle access (EVA) is located between Buildings J and K. The project site plan is shown in Figure 2.
Figure 2: Proposed Site Plan
Except for Building C, all the buildings are one-story. Building C traverses the transition slope on the site and has a two-story element on the lower level where the grade steps down. Architectural interest is provided on the street-facing elevation of buildings with street frontage (Buildings A, K, J, and H) through varied roof forms, windows, metal awnings over windows, vegetation screen grates, and varied exterior finish materials. The remaining buildings have shallow shed roofs and little architectural detail. Building heights vary from approximately 13 feet to 22 feet and galvanized metal roofing is proposed. As a condition of approval, the roofing material shall be non-reflective. Six-foot wrought Item 6A
79 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review iron fencing and gates are proposed between the buildings along Whitcomb Ave and Railroad St.
Elsewhere, 6-foot cyclone security fencing with slats is proposed between the buildings around the perimeter of the site.
Figures 3, 4, and 5 illustrate the typical building elevations for a street-facing building (Figure 3), the typical perimeter building without a street-facing façade (Figure 4), and the two-story building (Figure 5). Exterior materials and colors are shown in Figure 6. \
Figure 4: Property line facing elevation (Building E)
Figure 5: South Elevation of the two-story building on the interior of the site (Building C) Figure 3: Street elevation (Building A)
Item 6A
80 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Landscaping consists of trees, shrubs, and ground cover vegetation. As a condition of project approval, a riparian vegetation plan shall be required, and the plant palette shall be revised to consist of locally native vegetation. Furthermore, the tree spacing around the perimeter of the project site shall not be greater than the mature canopy spread of the selected tree species, and in no case greater than 20 feet.
Easements
Public utility easements (P.U.E.), multi-purpose easements (M.P.E.), access easements, and drainage easements (D.E.) traverse the site as shown on Sheet C2 of the project plans. The purpose of the easements is to provide public utilities, drainage, and access to private property located behind (north) of the project site, and along much of the perimeter of the property. Easement #3 (in Table 2) straddles a property line that has been moved and is replaced with other easements that serve the same purposes.
The applicant proposes to modify and abandon several of the easements as described and illustrated in Table 2. Staff recommends accepting the applicant’s proposed easement modifications. In the May 24, 2023 staff report, staff recommended Building G be shifted five feet south to maintain an existing10- foot drainage and public utility easement along the side property line of a vacant residential property (See easement 4.c in Table 2). The proposal at that time had a five-foot setback. The applicant has since revised the plans and now proposes a 10-foot setback which will avoid the easement and allow adequate space for vegetative screening between Building G and the adjacent vacant residential property, in compliance with the screening requirements of CMC section 17.176.040(E). Furthermore, this area will be preserved for future drainage purposes that might become necessary as vacant property uphill of the project site is developed.
The owner of adjacent properties to the west and north, Mr. Theodore Back, contacted the City to express concern with the proposed easement changes included in a prior iteration of the project. In response to the neighbor’s concerns, the applicant agreed to restore the grade on the access easement along the west property line. A steep cross-slope was cut into the access easement by a prior property owner and the applicant has agreed to restore the grade to enable vehicular access over the easement, as shown in Figure 7 and in Site Section 2 on Sheet 4 of 4. Building B was also shifted a few feet farther from the edge of the access easement as a part of this change.
Figure 6: Exterior materials and colors
Item 6A
81 Item 6A
City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Figure 7: Grade restoration at Access Easement along west Property Line The applicant also agreed to provide a P.U.E. to allow utilities to connect from the lowest portions of Mr. Back’s property located north of the project site to Whitcomb Ave. and thereby allow gravity flow for sanitary sewer service to the main located under Whitcomb Ave. The new P.U.E. is 20 feet wide, except for a small segment between Buildings E and F where it narrows to 10 feet (see Easement #6 in Table 2)
Table 2: Easement disposition
Easement
Type
Proposed
Disposition
Location
1. 20-foot
P.U.E.
Newly
proposed
easement
At project entrance
2. 20-foot
access
easement
and
P.U.E.
Existing
easement to
remain.
Grade will
be restored
to allow
vehicular
access, as
described
above.
Along west property line
82 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Easement
Type
Proposed
Disposition
Location
3. 20-foot
D.E. and
P.U.E.
Existing
easement
proposed to
be
abandoned
Through Buildings A, C, and E near
westerly property line
4.a 10-foot
M.P.E.
Existing
easement to
be retained
except in
small areas
(indicated
between the
blue and red
lines) that
are
proposed to
be
abandoned.
Along the front property line
4.b 10-foot
M.P.E.
Existing
easement to
be retained.
Along the east property line
segment that has Railroad St.
frontage.
Item 6A
83 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Easement
Type
Proposed
Disposition
Location
4.c 10-foot
M.P.E.
and D.E.
Existing
easement to be
maintained as is.
NOTE: The
easement exhibit
has not been
updated to
reflect the
revised proposal
which makes no
change to the
easement.
Along the east-west jog in the east property line behind Building G
5. 24-foot D.E.
and 10-foot
D.E. and
P.U.E.
There is an existing 24-foot
D.E. that does not have a
defined location on the
property but generally runs
in a meandering path from
the rear property line to the
front property line.
However, grading done by
the previous property owner
created a defined drainage
channel along the east
property line and
diminished the feasibility of
using the existing P.U.E
along the same property line
and piped the southerly
most 150 feet of the
watercourse. The applicant
proposes setting a defined
location to the 24-foot
drainage easement and
reducing its width by 4-feet.
The 10-foot D.E. and P.U.E.
would remain unchanged.
Easement #6 provides an
alternative to the 10-foot
P.U.E. next to the drainage
channel.
Along the northerly
segment of the east
property line adjacent to
the drainage channel.
Item 6A
84 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review Easement
Type
Proposed
Disposition
Location
6. 20-foot
P.U.E.
with 10-
foot
segment
New P.U.E.
proposed to
provide
utility
connection
from the
low point of
the adjacent
property to
the north to
Whitcomb
Ave.
From the rear property line to
the front property line
parallel to the front of
Building F and between
Buildings C and I and J and
K. (Shown in Blue)
Analysis
Project consistency with the Colfax General Plan and the Zoning Title of the Colfax Municipal Code is provided in this section. Staff analysis of the project, as it relates to the applicable criteria, is provided in italics following each applicable criterion.
General Plan.
2.6.2.1 Encourage the location and development of businesses which generate high property and sales taxes, local employment and are environmentally compatible.
The proposed project will not generate sales tax or provide a meaningful amount of local employment; however, it will generate additional property tax for the City.
5.5.2 Design of the building incorporates articulation and details to create architectural interest.
Buildings with street frontage are articulated with varied roof forms, windows, metal awnings over windows, vegetation screen grates, and varied exterior finish materials that add architectural interest. Buildings without street frontage have little articulation or architectural interest. As a condition of project approval, all buildings around the perimeter of the project shall be revised to incorporate architectural details like Buildings A, K, J, and H, subject to review and approval by the Planning Director.
Item 6A
85 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review
5.5.4 Materials or textures must wrap around the side of the building and not end abruptly.
The building textures wrap around the building sides with the use of split-face CMU.
As a condition of project approval, the architectural treatment of the street-facing ends of all buildings shall be similar that that of Buildings A, K, J, and H.
5.5.6 Buildings should be oriented as to provide for landscaping and aesthetic value for passing traffic.
Landscaping and enhanced architectural treatments are provided along the project’s street frontages. Subject to conditions of approval, additional native vegetation shall be provided around the perimeter of the project.
5.5.8 Site plan, elevations, textures, and colors shall take into consideration the character of surrounding buildings and development.
Properties abutting the project site are vacant, however, the proposed development has a low single-story profile and will therefore not loom over adjacent sites. Subject to the conditions of approval, landscape screening will be incorporated around the perimeter of the project to soften its impact on adjacent properties, and architectural details will be added to the buildings.
5.5.13 Site plans shall indicate pedestrian and bicycle linkage to adjacent properties.
Sidewalks are included along the project’s street frontage.
5.6.4 Continuous and consistent tree planting will be used to form a canopy enclosure.
As a condition of approval, the landscape plan shall be augmented with locally native evergreen trees around the perimeter of the project site spaced no farther than the mature canopy spread of the selected tree species, and in no case more than 20 feet.
5.8.1 Maintain the community's character and appearance using traditional materials and building styles (Figure 5-3). Commercial development characteristics should reflect architectural features and building materials and building colors common during 1875 to 1920.
While not in the Historic Overlay District, the project incorporates materials and design elements that connect it to the City’s architectural past including the use of galvanized metal roofing, brick, and red siding.
5.8.4 Articulate the different parts of the building's facade by use of color arrangement of facade elements or change in materials.
As described in the analysis of policy 5.5.2, building facades with street frontage include articulation. As a condition of project approval, all perimeter buildings will include additional articulation, subject to review and approval by the Planning Director.
5.5.5 Avoid blank walls. Utilize windows, wall articulation, or other such features.
See responses to 5.5.2 and 5.5.4.
Item 6A
86 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review
5.8.1 Maintain the community’s character and appearance through the use of traditional materials and building styles. Commercial development characteristics should reflect architectural features and building materials and building colors common during 1875 to 1920.
See response to 5.8.1.
5.11.1 All new or remodeled structures shall reflect the early railroad and/or a mountain/western style of architecture. Roofs shall be pitched rather than flat. Porches or covered entries shall be used. Brick, rock, or wood facades are preferred rather than block or stucco.
See responses to 5,5,2 and 5.8.1.
Pitched roof elements are incorporated into buildings with street frontage. As a condition of approval, all buildings around the building perimeter shall be revised to include additional architectural interest and articulation, subject to the Planning Director’s approval.
5.11.2 Traditional materials such as wood and brick, are encouraged.
Brick accents are incorporated into the building.
5.9.1 Boxy building designs with no visual interest should be avoided.
See responses to 5.5.2 and 5.5.4 along with the conditions of approval.
5.21.2 New development shall conform to design guidelines as adopted by the City.
Consistency with the adopted design guidelines is provided below.
5.21.3 Ensure that street design is pedestrian in scale and incorporates landscaping.
The project includes landscaping and sidewalks along the street frontages and the building facades are articulated to include architectural interest.
5.21.6 New development shall be compatible with existing urban areas.
See responses to 5.5.8 and 5.8.1.
6.11.4 Encourage planting, preservation and replacement of native trees.
As a condition of project approval, additional native trees and riparian vegetation shall be added to the project.
6.11.4.11 Maintain, improve and where possible increase habitat areas in the Colfax Planning Area.
Habitat area will be added with the planting of riparian vegetation along the drainage channel that is currently devoid of trees or shrubs.
6.11.l.b Conserve and protect the water resources of the City of Colfax.
Item 6A
87 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review The project includes stormwater quality features to control the flow and quality of water runoff from the project site. Furthermore, planting riparian vegetation along the water channel will enhance the quality of the City’s water resources.
6.11.3.A Enforce and implement code and development requirements that will protect water quality.
See response to 6.11.1b
Zoning Ordinance
Self-service storage facilities are allowed by-right in the Light Industrial zoning district subject to the quantitative standards of the code (setbacks, height, lot coverage, parking, etc.) and qualitative design guidelines (CMC Chapter 17.116), supplemental standards for self-service storage facilities (CMC Chapter 17.176) and design review (CMC section 17.32.010(C)).
Staff reviewed and found the project to be in compliance with the quantitative standards for setbacks, height, lot coverage, and parking, and an analysis of the project’s compliance with the supplemental standards, design guidelines and design review criteria are provided below in italics.
Supplemental Standards for Self-service Storage Facilities – CMC section 17.176.040 In approving the design review permit for a self-service storage facility, the following criteria may be applied at the discretion of the City Council to protect public health, safety, and welfare and to ensure design compatibility, and are in addition to the general development standards set forth in Articles III and IV of the Zoning Code.
A. Architecture. The facility, including the caretakers/managers residence, the storage units and the office shall be designed using roof and building materials and colors compatible with adjacent developments.
Properties abutting the project site are vacant, however, the proposed development has a low single-story profile and will therefore not loom over adjacent sites. Subject to the conditions of approval, landscape screening will be incorporated around the perimeter of the project to soften its impact on adjacent properties, and architectural details will be added to the buildings.
B. Site Design. To minimize visual impact on the adjacent residences, self-service storage facilities shall be designed to:
i. Locate the project entry/exit as far as possible from the residential land use.
The project entry/exit is near the west side property line which is opposite the residentially zoned property abutting the easterly side of the project site. ii. Locate the caretakers/managers residence and office as close as possible to the project entrance.
Item 6A
88 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review A manager’s residence is not provided, and the manager’s office is next to the project entrance.
iii. Setback the outdoor storage of materials a minimum of twenty (20) feet from the property lines adjacent to residential land uses.
No outdoor storage areas are included in the project.
iv. Setback all self-service storage buildings over one story in height a minimum of thirty (30) feet from the property lines adjacent to residential land uses.
Except for the easterly side of Building C, all buildings proposed are one-story.
The two-story portion of Building C is approximately 35 feet from the property line adjacent to the residentially zoned site to the east.
C. Security. In addition to the requirements of the building security ordinance, to ensure security when self-service storage facilities are adjacent to residential land uses the police department may require security measures, such as controlled access, alarms or video cameras.
Access to the site is controlled with a security gate and fencing. Furthermore, as a condition of project approval, during the Building permit plan check process, the project will be routed to the County Sheriff for review and any additional reasonable security measures required by the Sheriff’s office will be added.
D. Lighting. To minimize visual impacts to adjacent properties, self-service storage facilities shall provide the following:
i. No off-site glare through the use of cut-off lenses.
As a condition of project approval, the manufacturer’s detailed specifications shall be provided for all outdoor lighting to ensure compliance with this criterion.
ii. Wall-mounted lights shall be located on the building below the roofline of the storage facility and shall be directed downward.
Wall-mounted lights are below the roofline.
iii. Parking lot lighting, in conjunction with vehicle storage, shall not exceed sixteen (16) feet in height, and shall be setback a minimum of fifty (50) feet from the property line adjacent to the residential land use and directed toward the parking lot.
No vehicle storage is included in the project.
E. Screening. To protect the views from adjacent residential land uses, the self-service storage facility shall provide adequate screening which may include:
Item 6A
89 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review i. A minimum six-foot high masonry screen wall shall be provided along the property line adjacent to any residential land use. The height of the wall shall be measured from the highest grade (either on site or the adjacent site); and/or ii. Within the storage facility, a minimum ten-foot wide landscape planter with shrubs (minimum five gallon size) and evergreen trees (minimum fifteen-gallon size placed a minimum twenty (20) feet on center) shall be provided along the property line adjacent to any residential land use.
As a condition of approval, additional landscaping shall be provided around the perimeter of the site consisting of locally native shrubs and evergreen trees consistent with the size and spacing requirements of this standard.
F. Caretakers/Managers Residence. A caretaker’s/manager’s residence will only be approved as part of the storage facility where the owner provides assurances to the city that on-site management will acknowledge in writing that the facility is located within a commercial or industrial zone and therefore subject to the levels of noise and night-time lights which are ordinary and expected in those zones.
The project does not include a manager’s residence.
Design Guidelines – CMC Chapter 17.116
A. All new or remodeled structures should reflect the early railroad and/or a mountain/western style of architecture.
The project includes some design elements reminiscent of early railroad architecture with the use of corrugated metal roofing, brick, and red exterior siding.
B. Traditional building materials such as simulated wood shingles, lap siding, board and batten, brick, and indigenous rock should be used.
The project makes extensive use of metal siding oriented both vertically and horizontally with brick accents and metal roofing.
C. Utilize varied materials, textures, or colors to create horizontal and vertical articulation.
Buildings with street frontage are articulated with varied roof forms, windows, metal awnings over windows, vegetation screen grates, and varied exterior finish materials that add architectural interest. Buildings without street frontage have little articulation or architectural interest. As a condition of project approval, all buildings around the perimeter of the project shall be revised to incorporate architectural details like Buildings A, K, J, and H, subject to review and approval by the Planning Director.
D. Commercial/business design characteristics should reflect architectural features common during 1875 to the early 1930s.
Building materials such as the brick accents and metal roofing and the varied roof forms reflect architectural design features common to industrial development of the early 20th Item 6A
90 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review century.
E. Utilize established historic design features i.e. cornices, window types and sizes, recessed double doorways, etc.
Gabled accent roof features, with shallow main roofs without eaves are common historic features of industrial buildings.
F. Maintain the existing building/pedestrian scale.
The proposed project enhances the pedestrian experience by adding sidewalks and landscaping along the project’s street frontages. While the use itself does not lend to an interactive pedestrian experience, visual architectural interest is included in the buildings with street-facing facades.
G. Differentiate building facades through the use of color, facade elements, or a change in materials.
Street-facing facades employ a variety of materials, roof forms, and window awnings. As a condition of project approval, similar architectural features will be added to all the buildings around the perimeter of the site.
H. Use appropriate window and awning styles, sizes, and spacing.
Windows and metal awnings are used on the street-facing facades.
I. Height and building mass should be in proportion to the surrounding buildings, trees, and terrain.
Buildings are low-lying with minimal massing.
J. Two stories or stepped hillside/split level construction is preferred, rather than long ware house buildings with no articulation.
Buildings along the street are split to break up the long warehouse effect and articulated with varied roof forms, brick and CMU accents, windows, and window awnings. As a condition of approval, similar treatments shall be added to all the buildings around the perimeter of the site.
K. Avoid a lack of architectural detail, which creates a plain appearance.
Street-facing buildings have adequate architectural detail as described above and as a condition of project approval, architectural detail shall be added to all the buildings around the site’s perimeter.
L. Stucco, concrete slab, and metal exteriors generally detract from the community character and are discouraged.
No stucco is used in the project. The project makes extensive use of metal siding and roofing Item 6A
91 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review which is appropriate for the industrial location and its function.
M. Landscaping should enhance the aesthetic appearance of the project. Innovative techniques or uses of alternative plants and planting schemes will be considered; a minimum of five percent of the gross area of the total parcel or lot should be landscaped; a minimum of two percent in conjunction with parking lot landscaping.
As a condition of project approval, additional trees and shrubs shall be planted. Over 10% of the site is available for landscaping and landscaping is included around the front and one side of the parking area.
N. Landscaping should consider conservation of water resources through the efficient use of irrigation, appropriate plant materials (i.e. appropriate plant zones), and regular maintenance of landscaped areas.
As a condition of project approval, locally native landscape material shall be used.
Furthermore, compliance with state law mandates water-efficient landscape plantings.
O. A recommended list of trees, shrubs, and groundcovers is in Appendix 3 of this title. A mix of trees, shrubs, groundcovers, and surfacing materials is preferred, rather than planting the same species throughout the project in public areas.
As a condition of project approval, a variety of locally native plantings shall be installed.
P. Recommended surfacing materials: rocks, gravel, ornamental mulch materials, chips, or any other materials acceptable to the planning director. Not more than thirty (30) percent of the landscape area should be covered by surface materials.
Q. Minimum tree size should be fifteen (15) gallons.
R. Minimum shrub size one gallon, five gallon is preferred.
S. Planted areas shall be separated from vehicular areas and street rights-of-way by a concrete curb at least six inches high.
T. Perimeter landscaping is required for screening purposes:
o Adjacent to residential uses;
o Street frontage buffers;
o Along property lines, berms, hedges, or other features may be requested to differentiate boundaries of land uses.
As a condition of approval, the landscape plan shall comply with the standards described in paragraphs P through T.
Design Review (CMC section 17.40.070(B)(1)
a. The project as approved allows beneficial use to be made of the site for development, preserves and accentuates the natural features of the property, such as open space, topography, trees, wetlands and water courses, and provides adequate drainage for the project.
The project allows the use of the site for a self-service storage facility, which is a use Item 6A
92 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review permitted by right in the Light Industrial zoning district. Currently, there are no trees on the site and the project includes landscaping with trees, shrubs, and ground cover plantings. The existing drainage course on the property will be retained and a condition of approval, riparian vegetation will be planted along the drainage course. Storm water will be treated on-site prior to being discharged into the drainage course. b. The project site design as approved provides access, vehicle parking, vehicle, pedestrian and bicycle circulation, loading areas, landscaping and irrigation and lighting which results in a safe, efficient, and harmonious development and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.
As designed and subject to conditions of approval, the project provides vehicular, pedestrian, and bicycle access; pedestrian and bicycle circulation; loading areas; and landscaping, irrigation, and lighting in compliance with the requirements of the municipal code and is consistent with goals, policies and objectives of the general plan and design guidelines, as described above.
c. The building design, including the materials, colors, height, bulk, size and relief, and the arrangement of the structures on the site, as approved is harmonious with other development and buildings in the vicinity and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.
Subject to conditions of approval, the building design and arrangement of the structures on the site are harmonious with other development in the vicinity and is consistent with goals, policies, and objectives of the general plan and design guidelines, as described above. d. The design of the public services, as approved, including, but not limited to trash enclosures and service equipment are located so as not to detract from the appearance of the site, and are screened appropriately and effectively using construction materials, colors and landscaping that are harmonious with the site and the building designs.
Any public services proposed will be required to comply with screening requirements of the code, including trash enclosures and mechanical equipment.
Environmental Review
The project qualifies for the following exemption from CEQA:
• Class 32 – In-fill Development Project exemption (CEQA Guidelines Section 15332) in that:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
As described in detail in this staff report, the project is consistent with the general plan land use designation, and subject to conditions of approval, it is consistent with the applicable zoning and regulations of the CMC.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
Item 6A
93 City of Colfax
Staff Report June 14, 2023 143Whitcomb Ave (APN 006-072-001) Design Review The project is within the city limits of Colfax on a 2.56-acre site surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species.
As documented in the August 2022 Biological Assessment prepared by Greg Matuzak Environmental Consulting, LLC the project site has low potential for special-status wildlife species to occur. Furthermore, the project is subject to standard pre-construction surveys that are broadly applied.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
Self-service storage facilities have very low traffic generation rates, are not a source of noise, and are not known to be a significant source of air pollutants, therefore the project will have no significant effects related to traffic, noise, or air quality. Storm water will be treated prior to being discharged from the site and therefore the project will not have a significant effect on water quality.
(e) The site can be adequately served by all required utilities and public services.
The site has access to all required utilities and public services which can be provided without expansion.
Attachments
1. Draft Resolution
2. Biological Assessment
3. Project plans
Item 6A
94 _________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
City of Colfax
City Council
Resolution № __-2023
APPROVING DESIGN REVIEW FOR THE DEVELOPMENT OF A NEW 332-UNIT SELF-SERVICE STORAGE FACILITY AT 143 WHITCOMB AVENUE (APN 101-230-061) WHEREAS, on May 25, 2022, the applicant, Walter White and Jim Marconi submitted a Design Review application to develop a new 332-unit self-service storage facility consisting of 56,340 square feet in 10 single-story buildings and one split-level building with a two-story section on a vacant 2.56-acre site in the Light Industrial zone (IL); and,
WHEREAS, a notice of public hearing has been given at the time and in the manner required by State Law and City Code; and,
WHEREAS, on May 24, 2023, the City Council held a duly noticed public hearing to consider the Project, at which time all interested parties had the opportunity to be heard, the City Council reviewed and considered the staff report, all written comments received during the public review process and all oral and written comments submitted at the public hearing.
NOW THEREFORE, BE IT RESOLVED, THAT the City Council finds as follows:
1. Finds that the foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the City Council finds that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) in that the project qualifies for a Class 32 exemption (In-fill Development Projects) under CEQA Guidelines section 15302 for the reasons described in the City Council Staff Report.
3. The City Council finds that the project is consistent with the goals, policies, and objectives of the Colfax General Plan; with the Design Guidelines of Chapter 17.116 of the Zoning Code; and with the supplemental development standards for self-service storage facilities of Chapter 17.176 of the Zoning Code, as described in detail in the City Council Staff Report.
4. Design Review - CMC section 17.40.070(B)(1)
The City Council finds that the project meets the criteria for design review as follows:
a. The project as approved allows beneficial use to be made of the site for development, preserves and accentuates the natural features of the property, such as open space, topography, trees, wetlands and water courses, and provides adequate drainage for the project.
The project allows the use of the site for a self-service storage facility, which is a use permitted by right in the Light Industrial zoning district. Currently, there are no trees on the site and the project includes landscaping with trees, shrubs, and ground cover plantings. The existing drainage course on the property will be retained and a condition of approval, riparian vegetation will be planted along the drainage course. Storm water will be treated on-site prior to being discharged into the drainage course.
Item 6A
95 _________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
b. The project site design as approved provides access, vehicle parking, vehicle, pedestrian and bicycle circulation, loading areas, landscaping and irrigation and lighting which results in a safe, efficient, and harmonious development and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.
As designed and subject to conditions of approval, the project provides vehicular, pedestrian, and bicycle access; pedestrian and bicycle circulation; loading areas; and landscaping, irrigation, and lighting in compliance with the requirements of the municipal code and is consistent with goals, policies and objectives of the general plan and design guidelines, as described above.
c. The building design, including the materials, colors, height, bulk, size and relief, and the arrangement of the structures on the site, as approved is harmonious with other development and buildings in the vicinity and which is consistent with the applicable goals, policies and objectives set forth in the general plan and the design guidelines established for that zone district.
Subject to conditions of approval, the building design and arrangement of the structures on the site are harmonious with other development in the vicinity and is consistent with goals, policies, and objectives of the general plan and design guidelines, as described above. d. The design of the public services, as approved, including, but not limited to trash enclosures and service equipment are located so as not to detract from the appearance of the site, and are screened appropriately and effectively using construction materials, colors and landscaping that are harmonious with the site and the building designs.
Any public services proposed will be required to comply with screening requirements of the code, including trash enclosures and mechanical equipment.
5. Based on its review of the entire record herein, including the May 24, 2023 City Council Staff Report, all supporting referenced, and incorporated documents and all comments received and foregoing findings, the City Council hereby approves the Design Review application for the Project, subject to the following conditions of approval:
CONDITIONS OF APPROVAL
Standard Conditions of Approval
1. This approval shall expire twenty-four months from the date of approval, May 24, 2023, unless an extension is granted by the approving authority. (CMC section 17.36.140).
2. Plans submitted to the City of Colfax for purposes of construction shall be in substantial conformance with the plans and color/material board on file with the Planning Department dated March 23, 2023 except as modified by these conditions of approval. Any modifications to the approved plans or project description shall be subject to the approval of the Planning Department and may require a separate land use entitlement review process
3. At building permit issuance, the applicant shall provide the City with an electronic copy of final/approved construction documents in portable document (PDF) format.
Item 6A
96 _________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
4. Prior to the issuance of any construction permits, these conditions of approval shall be included with the plan set. A copy of the approved plans shall be maintained on-site when construction activities are occurring.
5. Prior to issuance of building permits, all applicable development impact fees shall be paid, and the total fees and exactions shall be provided to the City.
6. At all times the site shall be kept cleared of garbage and debris.
7. The project shall comply with all performance standards of Zoning Chapter 17.120 of the Municipal Code.
8. All plantings shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering.
Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to insure continued regular watering of landscape areas, and health and vitality of landscape materials.
9. All tree stakes and ties shall be removed within one year following installation or as soon as trees are able to stand erect without support.
10. No signage is approved by this permit. Separate sign permits in compliance with the Colfax Municipal Code shall be obtained prior to the installation of signage.
11. Prior to commencing construction activities, a sign shall be posted on the site regarding the allowable hours of construction and contact information for complaints. Proof of sign installation shall be provided to the Planning Director prior to construction commencing.
12. All standpipes, check valves, and other utilities shall be placed underground or fully screened from view by decorative screening structures or landscaping to be reviewed and approved by the Planning Director.
13. The applicant shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action, or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul any of the approvals of the project, when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicants/developers of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding and if the City chooses to do so appellant shall reimburse City for attorneys’ fees by the City.
Planning Department Conditions of Approval
14. Prior to the issuance of building permits, the applicant shall provide a physical sample of the proposed roofing material for review and approval by the Planning Department. The roof shall be non-reflective.
15. Prior to issuance of building permits, the applicant shall obtain Planning Department approval of a landscape plan that is revised as follows:
a. Riparian vegetation consisting of locally native trees, shrubs, and ground cover shall be included along the drainage channel near the east property line.
Item 6A
97 _________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
b. Locally native trees shall be planted around the entire project perimeter and spacing shall not be greater than the mature canopy spread of the selected tree species, and in no case shall trees be more than 20 feet apart.
c. Locally native shrubs shall be added to the planting plan. d. A mix of roughly the same number of 15-gallon and 24-box tree container sizes shall be used.
At the applicant’s discretion, trees in larger container sizes may be planted.
16. Building G shall be setback no less than 10 feet from the east-west segment of the east property line to avoid the existing drainage and public utility easement and to provide adequate space for landscape screening.
17. Prior to issuance of building permits, all buildings around the perimeter of the project shall be revised to incorporate architectural details such as varied roof forms, brick and CMU accents, windows, window awnings, and landscape grates like Buildings A, K, J, and H, subject to review and approval by the Planning Director. The treatments shall be added to the facades facing the property lines and shall also be added to the ends of buildings with street frontage, including Buildings B, H, and G.
18. Prior to issuance of building permits, the applicant shall obtain Sheriff approval of the plans and shall add additional reasonable security measures recommended by the Sheriff.
19. Alternate outdoor light fixtures that are shielded to prevent glare shall be used. Final light selection shall be subject to review and approval by the Planning Department.
20. Prior to any site work, the applicant shall implement the recommendations of the August 2022 Biological Assessment prepared for the project by Greg Matuzak Environmental Consulting, LLC.
Engineering Department Conditions of Approval
21. The applicant shall be responsible for all plan check and inspection costs. The Applicant shall establish a Developer Deposit Account with the City upon the initiation of plan check services.
22. Applicant shall submit a current Title Report.
23. Applicant shall submit site Improvement Plans, prepared by a registered Civil Engineer, for review and approval of the City. No grading or other construction shall be performed until the Improvement Plans have been approved and grading permit issued.
24. All improvements shall be designed in accordance with the City of Colfax Municipal Code, and applicable City, County and Placer County Water Agency (PCWA) public works standards (Public Works Standards).
25. The applicant shall obtain an Encroachment Permit for all improvements within the public right-of-way.
Applicant shall post a performance and labor bond and materials payment bond (or other equivalent financial security) in the amount of 100% of the cost of the improvements to be constructed in the public right-of-way as improvement security to ensure the faithful performance of all duties and obligations required of applicant in the construction of the improvements. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit, or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed Item 6A
98 _________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City.
26. A drainage report prepared by a California Registered Civil Engineer shall be submitted for review with the initial submittal of the Improvement Plans for the entire site. The report shall include hydrologic and hydraulic calculations to support the design and sizing of all public and private drainage facilities including storm drain structures and piping, detention facilities and weirs.
27. Provide a report, including calculations, demonstrating sufficient water pressure and flow for operation of fire hydrants and individual fire sprinklers systems to each building can be provided.
28. A detailed Soils Investigation/Geotechnical Report shall be prepared and submitted for review with the first Improvement Plan submittal. The report shall address, at a minimum, potential geologic hazards in the area, potential historic mine shafts and vents, possible presence of asbestos-bearing rock, R-values, expansive soils, infiltration rates, and seismic risk. The Improvement Plans and Reports shall incorporate all design and construction criteria recommended in the Geotechnical Report.
29. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer. Additionally, if field conditions warrant installation of any subdrains, the location, size and construction details must be provided to the City for review and approval prior to construction and documented on as-built plans.
30. The Applicant shall secure all necessary rights-of-way and public and private easements for both onsite and offsite improvements to the satisfaction of the City Engineer. Rights-of-way and easements shall be dedicated on the map or granted by separate instrument. The Applicant shall prepare all necessary legal descriptions and deeds.
31. All existing property lines, easements, and other encumbrances included in the Title Report shall be shown and labeled in the Improvement Plans with the topographic survey as an existing conditions plan.
32. The following shall be included in the project notes on the improvement plans. a. If an inadvertent discovery of cultural materials (i.e.. unusual amounts of shell, charcoal, animal bone, bottle glass, ceramics, burned soil, structure/building remains) is made during projectrelated construction activities, ground disturbances in the area of the find shall be halted and a qualified professional archaeologist, the City Planning Director and the Native American Heritage Commission shall be notified regarding the discovery. The archaeologist shall determine whether the resource is potentially significant as per CEQA (i.e. whether it is an historical resource, a unique archaeological resource, or a unique paleontological resource) and shall develop specific measures to ensure preservation of the resource or to mitigate impacts to the resource if it cannot feasibly be preserved in light of costs, logistics, technological considerations, the location of the find, and the extent to which avoidance and/or preservation of the find, is consistent or inconsistent with the design and objectives of the project. Specific measures for significant or potentially significant resources would include, but are not necessarily limited to, preservation in place, in-field documentation, archival research, subsurface testing, and excavation. The specific type of measure necessary would be determined according to evidence indicating degrees of resource integrity, spatial and temporal extent, and Item 6A
99 _________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
cultural associations; and would be developed in a manner consistent with CEQA guidelines for preserving or otherwise mitigating impacts to archaeological and cultural artifacts. b. In the event of the accidental discovery or recognition of any human remains, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains, until compliance with the provisions of Sections 15064.5(e((1) and (20 of the CEQA Guidelines, as well as Public Resources Code Section 5097.98, has occurred. If any human remains are discovered, all work shall stop in the immediate vicinity of the find and the County Coroner shall be notified, according to Section 7050.5 of the California Health and Safety Code. The City’s Planning Director shall also be notified. If the remains are Native American, the Coroner will notify the Native American Heritage Commission, which in turn will inform a most likely descendant. The descendant will then recommend to the landowner appropriate disposition of the remains and any grave goods, and the landowner shall comply with the requirements of AB2641 (2006).
33. The following shall be included in the project notes on the improvement plans:
c. The discharge of fuels, oils, or other petroleum products, chemicals, detergents, cleaners, or similar chemicals to the surface of the ground or to drainage ways on, adjacent to, the site is prohibited.
d. If Best Management Practices are required for control of urban runoff pollutants, then any hazardous materials collected shall be disposed of in accordance with all applicable hazardous materials laws and regulations.
34. The applicant shall attempt to time the removal of potential nesting habitat for raptors and migratory birds to avoid the nesting season (February 1 through September 15).
If vegetation removal and/or project grading or construction activities occur during the nesting season for raptors and migratory birds, the applicant shall hire a qualified biologist approved by the City to conduct pre-construction surveys no more than 14 days prior to initiation of development activities.
The survey shall cover all areas of suitable nesting habitat within 500 feet of project activity and shall be valid for one construction season. Prior to the start of grading or construction activities, documentation of the survey shall be provided to the City of Colfax. If the survey results are negative, no further mitigation is required and necessary removal may proceed. If there is a break in construction activities of more than 14 days, then subsequent surveys shall be conducted.
If the survey results are positive (active nests are found), impacts shall be avoided by the establishment of appropriate buffers. The biologist shall consult with the California Department of Fish and Wildlife (CDFW) and the City to determine the size of an appropriate buffer area (CDFW guidelines recommend implementation of 500-foot buffers). Monitoring of the nest by a qualified biologist shall be required if the CDFW determines that the activity has the potential to adversely affect an active nest.
If construction activities are scheduled to occur during the non-breeding season (September 16 – January), a survey is not required and no further studies are necessary.
35. Access shall be maintained to APN 100-230-039 as included in the 20’ Access Easement along the west side of the parcel.
36. Storm water treatment and detention shall be provided per the requirements of the final on-site project drainage analysis and meet local and State drainage requirements. Design of storm water treatment and detention facilities shall be subject to City standards and the review and approval of the City Engineer. The Item 6A
100
_________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
perimeter of the development shall be protected against surface runoff onto adjacent properties in a manner acceptable to the City Engineer.
37. Applicant shall submit a video inspection report of the existing private 48-inch storm drain line to the outlet on the south side of Whitcomb Ave. and include any repairs with the Improvement Plans. If replacement is required below Whitcomb, reinforced concrete pipe (RCP) shall be installed from the outlet to a new manhole at the project property line.
38. Building structures shall not be allowed within the angle of repose to building foundations or above existing or proposed utilities including the existing 48-inch storm drain. The 48-inch storm drain line can be realigned to be placed within the proposed paved areas.
39. Any retaining walls necessary as a part of the site grading shall be included on the grading plan for review and approval of the City Engineer. Any retaining walls in excess of 3-ft in exposed height shall include design calculations prepared by a registered civil or structural engineer and submitted to the City Engineer and Building Department for review.
40. Building rooftops shall be protected from unauthorized access where adjacent to higher terrain/retaining walls. Improvement Plans to include typical sections along project perimeter to review security and grading issues.
41. Perimeter fencing or walls shall be designed to avoid pockets or areas difficult for law enforcement to visually inspect from Whitcomb Ave.
42. Dust control specifications shall be included on the Improvement Plans to minimize dust nuisance during construction. Dust control measures shall be developed to take into account the possible presence of asbestos bearing rock formations and the measures necessary to deal with this type of dust.
43. For the construction phase, the applicant shall comply with Placer County Air Pollution Control District regulations.
44. The applicant shall re-vegetate disturbed areas as soon as possible using native seed mixes and compatible plantings as specified by the Soil Conservation Service.
45. All public water service laterals or services (domestic and fire water supply) shall include approved backflow prevention devices as approved by PCWA.
46. Improvement Plans to include planting and irrigation plans. Planting plan to include native perennial shrubs along project frontage and native oaks along project perimeter subject to City review and approval. The applicant shall be responsible for permanent maintenance and irrigation of landscaping.
47. The applicant shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by City staff.
48. The applicant, at his/her sole expense, shall repair existing public and private facilities damaged during the course of construction to the satisfaction of the City staff.
Item 6A
101
_________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
49. If any hazardous material is encountered during the construction of this project, all work shall be immediately stopped and the Cal Fire, Placer County Department of Environmental Health or other designated agency, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.
50. All new fire hydrants shall be securely covered with burlaps sacks or heavy-duty plastic until the hydrants have been tested and found to be in conformance with PCWA flow requirements. No storage of combustible materials or construction of buildings shall be permitted until all hydrants meet PCWA flow requirements.
51. The Improvement Plans shall include an erosion control plan for City review and approval. The plan shall identify protective measures to be taken during excavation, temporary stockpiling, any reuse or disposal, and revegetation. These measures shall conform to geotechnical reports, the City of Colfax requirements and the County of Placer Erosion and Sedimentation Control Standards and Specifications and the project Storm Water Pollution Prevention Plan (SWPPP).
52. All construction stormwater pollution prevention best management practices (BMP's) shall be installed as the first order of work and in accordance with the State Water Resources Control Board's General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities and the Applicant's SWPPP. All stormwater BMP's shall be maintained to the satisfaction of the Qualified SWPPP Developer (QSD), Qualified SWPPP Practitioner (QSP), and City staff.
53. All construction and grading activities on the site shall be governed by the City’s noise ordinance and be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and 8:00 a.m. to 7:00 a.m. on Saturday.
No work shall be performed on Sunday or state and federal recognized holidays, unless approved by City Engineer.
54. Prior to APPROVAL OF THE IMPROVEMENT PLANS, the applicant shall:
a. Submit a copy of the Notice of Intent and WDID# for coverage under the State Water Resources Control Board' General Construction Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (Order 2009-0009-DWQ) and add the WDID# on the cover sheet of the Improvement Plans.
b. Provide the following:
1) Construction Storm Water Pollution Prevention Plan (SWPPP) 2) Final Drainage Report
55. Provide written acknowledgment by the Geotechnical Engineer of Record that the Plans incorporate all design and construction criteria specified in the Geotechnical Report and include a signature block on the cover sheet of the Improvement Plans.
56. Prior to APPROVAL OF A BUILDING PERMIT, the Applicant shall:
a. Pay all cash deposit account balances and current City, PCWA, School and Fire fees (Mitigation & Capacity) based on the rate in effect at the time of permit issuance. b. Complete the required PCWA water system improvements including the pressure reducing station and all necessary piping up to, and including the points of connection to the private water Item 6A
102
_________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
system. Said improvements shall be tested to the satisfaction of the PCWA, City Engineer and Fire.
57. Prior to COMMENCEMENT OF CONSTRUCTION ACTIVITIES, the Applicant shall:
a. Pay off all current cash deposit account balances with the City. b. Pay an inspection fee in an amount to be determined at the time of commencement for the City's inspection services.
c. Conduct a pre-construction meeting with representatives of the City whereby the Applicant, the Legally Responsible Person (LRP), Qualified SWPPP Practitioner (QSP), Qualified SWPPP Developer (QSD), and/or the Contractor provides the following:
(1) One (1) full-size bond and digital copies of the approved Improvement Plans for the City's use.
(2) One (1) digital copy of the SWPPP for the City’s use. (3) One (1) job-site copy of the SWPPP for use by the LRP, QSP, QSD, and Contractor. (4) A list of inspections and special inspections required by the City Inspector, PCWA, and the site Geotechnical Engineer of Record per California Building Code Chapter 1, Section 110, and Chapter 17A.
58. Prior to OCCUPANCY OF ANY BUILDING, the Applicant shall:
a. Submit an inspector's punch list indicating that all of the improvements for each phase have been inspected and are constructed to his/her satisfaction.
b. Restore all adjacent off-site road surfaces to pre-project conditions. c. Submit a certification by the Geotechnical Engineer of Record that all the work has been completed in substantial conformance with the recommendations in Soils Investigation/Geotechnical Report.
d. Submit testing certification for all backflow devices installed. e. Provide a bond and digital (pdf) copy of the Improvement Plans that include all record drawing or field changes.
f. Provide a letter stating that all of the Developer’s Conditions of Approval have been met. g. Provide a letter from the Civil Engineer of Record certifying that all the site improvements were constructed and inspected in substantial conformance with the approved plans and City Standards.
h. Provide letter(s) from the Architect of Record, Structural Engineer of Record and all other design professionals who signed the building permit plan submittal indicating that all the building improvements have been constructed in substantial conformance with their plans.
Item 6A
103
_________________________________________________________________________________________ City of Colfax Whitcomb Avenue Self-Storage Facility
Resolution __-2023 143 Whitcomb Avenue
i. Enter into and record a Post-Construction Stormwater Operations and Maintenance Agreement with the City.
END OF CONDITIONS
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 14th day of June 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 6A
104
Whitcomb Avenue Storage Project Biological Resources Assessment Whitcomb Avenue Commercial Project
Biological Resources Assessment
Prepared for:
Walter White and Jim Menconi (Project Applicants)
9856 Spyglass Circle
Auburn, CA 95602
Prepared by:
Greg Matuzak, Principal Biologist
Greg Matuzak Environmental Consulting LLC
P.O. Box 2016
Nevada City, CA 95959
Email: [email protected]
August 2022
Item 6A 105
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 i
TABLE OF CONTENTS
Report Summary...................................................................................................................iv 1 INTRODUCTION............................................................................................................... 1-1
1.1 Project Location ..................................................................................................... 1-1
1.2 Project Understanding ........................................................................................... 1-2
1.3 Biological Resources Assessment Purpose............................................................ 1-2 2 REGULATORY OVERVIEW............................................................................................... 2-1
2.1 Federal Regulations................................................................................................ 2-1
2.1.1 Section 404 of the Clean Water Act.............................................................. 2-1
2.1.2 Section 401 of the Clean Water Act.............................................................. 2-2
2.1.3 Endangered Species Act of 1973................................................................... 2-2
2.1.4 Bald and Golden Eagle Protection Act......................................................... 2-3
2.2 State Regulations.................................................................................................... 2-3
2.2.1 California Endangered Species Act .............................................................. 2-3
2.2.2 Streambed Alteration Agreements: CDFG Code Section 1600 et seq....... 2-3
2.2.3 Porter-Cologne Water Quality Control Act & Section 1601 and Section 1607 of CDFG Code............................................................................................................... 2-4
2.2.4 State Water Resources Control Board Wetland Policy (April 2019)............. 2-4
2.2.5 California Department of Fish and Game Code Sections 3503, 3503.5, and 3800: Nesting Migratory Bird and Raptors.................................................................... 2-5
2.2.6 California Special Species of Concern, Fully Protected, and Special Status Species 2-5
2.2.7 California Environmental Quality Act Guidelines Section 15380 ................. 2-5
2.2.8 State Oak Woodland Regulations ................................................................. 2-6
2.3 Local Regulations................................................................................................... 2-6
2.3.1 City of Colfax Tree Removal Regulations (Code of Ordinances 12.16)....... 2-6 3 METHODOLOGY............................................................................................................. 3-1
3.1 Sensitive Biological Resources Background Review............................................ 3-1
3.2 Reconnaissance Level Biological Resources Field Surveys ................................. 3-1
3.3 Project Area Characterization .............................................................................. 3-2 4 ENVIRONMENTAL SETTING ............................................................................................. 4-1 Item 6A 106
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 ii
4.1 Environmental Setting ............................................................................................ 4-1
4.2 Project Area Soil Types........................................................................................... 4-1
4.3 Project Area Vegetation Communities ................................................................ 4-2 5 RESULTS ........................................................................................................................... 5-1
5.1 Special-Status Plant Species.................................................................................. 5-1
5.2 Special-Status Wildlife Species .............................................................................. 5-3 6 CONCLUSIONS AND RECOMMENDATIONS: ................................................................ 6-1 Proposed Avoidance, Minimization, and Mitigation Measures........................................ 6-1
6.1 Potential Impacts to Special-Status Plant Species....................................... 6-1
6.2 Potential Impacts to Special-Status Wildlife Species................................... 6-2
6.3 Potential Impacts to Nesting Raptors and other Protected Bird Species 6- 2 6.4 Potential Impacts to Clean Water Act Regulated “Waters of the U.S.,” Including Wetlands........................................................................................................ 6-3
6.5 Potential Impacts to Stream and Riparian Zones Under CDFW Jurisdiction 6-4
6.6 City of Colfax Tree Removal Regulations (Code of Ordinances 12.16)............. 6-4 7 REFERENCES.................................................................................................................... 7-1 Item 6A 107
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 iii
LIST OF APPENDICES
Appendix A Project Area Overview Figure
Appendix B Project Site Plan
Appendix C USDA Soils Maps
Appendix D National Wetland Inventory (NWI) Maps
Appendix E Plants and Wildlife Species Observed During Site Surveys Appendix F Photo Log
Appendix G CNDDB and USFWS Species List for the Project Area Item 6A 108
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 iv
Report Summary
The Biological Resources Assessment Report includes the biological results of the background research, biological resources field surveys, data analysis, and impact assessment for the Project area. The key findings of this report include the following:
• Seasonal drainage within the eastern section of the Project area includes an intermittent stream and riparian vegetation. The stream does not contain suitable habitat for the foothill yellow-legged frog (Rana boylii), a species listed as Endangered under CESA. This species has never been observed within the Project area or adjacent to it given the lack of suitable habitat for the species. • No California Native Plant Society (CNPS) List 1, 2, 3, or 4 species have been documented and mapped within the Project area based on background research and the results of the special-status plant surveys conducted within the entirety of the Project area during the blooming period for each of the specialstatus plant species previously identified within 3 miles of the Project area. • The disturbed central areas within the Project area contain marginal suitable habitat for the coast horned lizard (Phrynosoma blainvillii), a California Species of Concern. The coast horned lizard has not been observed within the Project area; however, a pre-construction survey to avoid impacting the species is recommended.
• No fill or dredge material will be placed in a “waters of the U.S.”, including wetlands, or “waters of the State of California” from the implementation of the proposed Project. Therefore, a Clean Water Act permit and compensatory mitigation for wetland or drainage impacts will not be required. • The central section of the Project area along Whitcomb Avenue contains some wetland associated plants; however, on closer inspection (including two shovel pits to evaluate the presence of hydric soils) indicators of hydric soils and wetland hydrology were not present. Therefore, the small area was not mapped as a jurisdictional federal or state wetland and no permitting is required to fill the area.
Item 6A 109
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 1-1
1 INTRODUCTION
At the request of SCO Planning & Engineering, Inc. (“SCO”), Mr. Greg Matuzak was retained to prepare a Biological Resources Assessment Report (“Biological Report”) for the Whitcomb Avenue Commercial Project (“Project”) located in the City of Colfax, Placer County, California (see Appendix A). The Biological Report includes an evaluation of sensitive biological resources within the Project area, including sensitive biological resources under the jurisdiction of the California Department of Fish and Wildlife (“CDFW”), United States Fish and Wildlife Service (“USFWS”), United States Army Corps of Engineers (“Corps”), and the City of Colfax Planning Department. Preparation of the Biological Report included background research, field biological resources surveys, and reporting as detailed herein.
Mr. Greg Matuzak, Principal and owner of Greg Matuzak Environmental Consulting LLC is a wetlands ecologist and wildlife biologist with 20 years of experience conducting aquatic resources delineations and biological resources assessments in Northern California. Mr. Matuzak is 40-hour Wetland Delineation Certified (Wetland Training Institute) and has conducted aquatic resources delineations for 100’s of linear miles of projects and 1000s of acres of site development projects. Additionally, Mr. Matuzak has conducted special-status biological resources surveys and developed biological resources assessments for dozens of projects in Nevada and Placer Counties, including within the City of Colfax. Mr. Matuzak was responsible for the field data collection and assessment developed as part of the development of this Biological Report. Mr. Matuzak is on the Nevada County Planning Department’s list of Qualified Biological Resources Consultants and is a Qualified Biologist per the CDFW’s definition.
1.1 Project Location
The proposed Project is located in the City of Colfax and the proposed Project would be located along the northern side of Whitcomb Avenue in the City of Colfax, California (APN 100-230-061). The subject parcel fronts Whitcomb Avenue, which is located along the southern border of the subject parcel. The subject parcel is 2.56 acres in size and is bordered to the west by a vacant parcel and commercial development to the west and south of the subject parcel.
Access to the Project area is located to the west of Interstate Highway 80 (I-80) and Whitcomb Avenue can be accessed off of South Auburn Street, Railroad Street, or Glendale Road. Whitcomb Avenue ends just west of the Project area in a cul-de-sac. See the attached appendices for a Site Plan.
Item 6A 110
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 1-2
1.2 Project Understanding
The Project involves construction of approximately 318 mini storage units (ranging between 5’x5’ and up to 12’x30’). Additionally, the Project will include a total of six (6) parking spots. The Project would access directly off of Whitcomb Avenue. See attached appendices for a Site Plan identifying the location of the proposed Project components within the subject parcel.
The proposed Project would involve the development of a vacant, vegetated, and partially graded and sloped parcel. The subject parcel hosts non-native vegetation, including annual grassland species and invasive shrub species. An intermittent drainage runs north-south along the eastern border of the subject parcel before entering into an underground, buried pipe that crosses Whitcomb Avenue and daylights again on the southern side of Whitcomb Avenue before continuing south. Due to previous site grading and topography, the western section of the subject parcel is approximately 2,345 feet above mean sea level (MSL) and the eastern section of the subject parcel is approximately 2,335 feet above MSL. The subject parcel is cut in half from north to south with a grade cut of approximately 8 to 10 feet between the western and eastern sections of the subject parcel. Grading would be required on the site and would be equalized so no fill would need to be imported or exported.
1.3 Biological Resources Assessment Purpose
The purpose of the Biological Report is to identify the location and extent of sensitive biological resources within the Project Area, including special-status plant and wildlife species. Additionally, this Biological Report includes an impact assessment to such sensitive biological resources based on the Project Understanding outlined in Section 1.2 above. Section 6 includes avoidance, minimization, and mitigation measures to ensure that the Project Area disturbance, based on the Project Understanding, would not have a significant impact on such sensitive biological resources. This Biological Report also satisfies the City of Colfax Code of Ordinances requirements for the protection of trees (Ordinance Code 12.16), the City of Colfax General Plan related to the protection of sensitive biological resources, and for the development of such biological resource assessments as they pertain to projects undertaken within the City of Colfax and subject to the California Environmental Quality Act (CEQA).
Item 6A 111
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-1
2 REGULATORY OVERVIEW
2.1 Federal Regulations
2.1.1 Section 404 of the Clean Water Act
The U.S. Army Corps of Engineers (“Corps”) and the Environmental Protection Agency (“EPA”) regulate the discharge of dredge or fill material into “waters of the U.S.” under Section 404 of the Clean Water Act. “Waters of the U.S.” include wetlands and lakes, rivers, streams, and their tributaries. Wetlands are defined for regulatory purposes as areas “…inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated solid conditions” as specified in 33 Code of Federal Regulations [CFR] 328.3, 40 CFR 230.3.
Generally, wetlands include swamps, marshes, bogs, and similar areas. Lakes, rivers, and streams are defined as “other waters of the U.S.” Jurisdictional limits of these features are typically noted by the Ordinary High Water Mark (“OHWM”). The OHWM is the line on the shore established by the fluctuations of water and indicated by physical characteristics such as mark a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas (33 CFR 328 and 33 CFR 329).
Isolated ponds or seasonal depressions had been previously regulated as waters of the U.S. However, in Solid Waste Agency of Northwestern Cook County (SWANCC) v.
USACE et al. (January 8, 2001), the U.S. Supreme Court ruled that certain “isolated” wetlands (e.g., non- navigable, isolated, and intrastate) do not fall under the jurisdiction of the CWA and are no longer under the jurisdiction of the Corps. Some circuit courts (e.g., U.S. v. Deaton, 2003; U.S. Rapanos, 2003; Northern California River Watch v. City of Healdsburg, 2006), though, have ruled that SWANCC does not prevent CWA jurisdiction if a “significant nexus” such as a hydrologic connection exists, whether it be man-made (e.g., roadside ditch) or natural tributary to navigable waters, or direct seepage from the wetland to the navigable water, a surface or underground hydraulic connection, an ecological connection (e.g., the same bird, mammal, and fish populations are supported by both the wetland and the navigable water), and changes to chemical concentrations in the navigable water is present due to water from the wetland.
Areas considered to be non-jurisdictional waters include non-tidal drainage and irrigation ditches excavated on dry land, artificially-irrigated areas, artificial lakes or ponds used for irrigation or stock watering, small artificial water bodies such as swimming pools, and water-filled depressions with no outlet for drainage (33 CFR, Part 328).
Item 6A 112
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-2
The Clean Water Rule is a 2015 regulation published by the EPA and Corps to clarify water resources management in the United States under a provision of the CWA. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands, which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule has been contested in litigation and in 2017 the Trump administration announced its intent to review and rescind or revise the rule. Following a Supreme Court ruling on January 22, 2018 that lifted a nationwide stay on the rule, the Trump administration formally suspended the rule until February 6, 2020, thereby giving the EPA time to issue a draft proposal of replacement water regulatory requirements.
On October 22, 2019, the EPA and the Corps published a final rule to repeal the 2015 Clean Water Rule: Definition of “Waters of the United States” (“2015 Rule”), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The final rule will become effective on December 23, 2019. The EPA and the Corps will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice.
2.1.2 Section 401 of the Clean Water Act
Section 401 of the CWA requires an applicant, for any federal permit which may result in a discharge into waters of the U.S., to obtain a certification from the state that the discharge will comply with provisions of the CWA. The nine regions of the State Water Quality Control Board administer this program. Any condition of water quality certification would be incorporated into the Corps permit. California has a policy of no-net-loss of wetlands and typically requires mitigation for impacts to wetlands before it will issue a water quality certification. This Project is located under the jurisdiction of Region 5, the Central Valley Regional Water Quality Control Board (“RWQCB”).
2.1.3 Endangered Species Act of 1973
For the Project area, consultation with the USFWS would be necessary if a proposed action may affect a federally listed species or occupied habitat. This consultation would proceed under Section 7 of the Endangered Species Act (ESA) if a federal action is part of the proposed action or through Section 10 of the ESA if no such nexus were available (USFWS, 1973). There is a single federally protected plant species listed under the ESA that has previously been documented within the Colfax USFS Topographic Quadrangle (CDFW 2022), which is the valley elderberry longhorn beetle (Desmocerus californicus dimorphus), an ESA listed species as Threatened. The species is Item 6A 113
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-3
not known to occur within the Project area and has a very low likelihood of occurring within the Project area given the lack of the species host plant, the elderberry shrub (Sambucus cerulea) within the Project area that the species requires.
2.1.4 Bald and Golden Eagle Protection Act
The Bald and Golden Eagle Protection Act (BAGEPA) (16 USC Section 668) protects bald and golden eagles and their nests from direct “take” (i.e. harm or harassment as described above). BAGEPA prohibits the take or commerce of any part of the bald or golden eagles (USFWS, 1940). The USFWS administers the Act and reviews actions that may affect species protected under the Act.
2.2 State Regulations
2.2.1 California Endangered Species Act
The California Department of Fish and Wildlife (CDFW) has jurisdiction over plant and wildlife species listed as threatened or endangered under section 2080 of the CDFW Code. The California Endangered Species Act (CESA) prohibits take of state-listed threatened and endangered species. The state Act differs from the federal Act in that it does not include habitat destruction in its definition of take. The CDFW defines take as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” The CDFW may authorize take under the CESA through Section 2081 agreements. If the results of a biological survey indicate that a state-listed species would be affected by the project, the CDFW would issue an Agreement under Section 2081 of the CDFW Code and would establish a Memorandum of Understanding for the protection of state-listed species.
CDFW maintains lists for Candidate-Endangered Species and CandidateThreatened Species. The foothill yellow-legged frog (Rana boylii) is listed as an Endangered species under the State ESA and is discussed in this Biological Report given the species is known to occur within the Colfax USGS Topographic Quadrangle (CDFW 2022). The foothill yellow-legged frog would not occur within the subject parcel given the lack of suitable habitat such as the required shade and rocky substrate that are lacking within the intermittent drainage located along the eastern border of the subject parcel.
2.2.2 Streambed Alteration Agreements: CDFG Code Section 1600 et seq.
CDFW has jurisdictional authority over substantial alterations to the bed or bank of rivers, streams, and lakes under Sections 1600–1616. CDFW has the authority to regulate all work under the jurisdiction of the State of California that would substantially divert, Item 6A 114
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-4
obstruct, or change the natural flow of a river, stream, or lake; substantially change the bed, channel, or bank of a river, stream, or lake; or use material from a streambed.
An apparent intermittent drainage is located within the eastern border of the Project area would most likely be regulated by CDFW. Therefore, a CDFW Streambed Alteration Agreement may be required for encroachment into the bed and bank of the intermittent stream located within the eastern section of the Project area. However, no encroachment into the intermittent stream is proposed as part of the Project.
2.2.3 Porter-Cologne Water Quality Control Act & Section 1601 and Section 1607 of CDFG Code
These acts and codes pertain to projects with potential impacts to water quality or waterways. The Project area does contain an intermittent drainage along the eastern border of the subject parcel, which is a waters of the State as defined by the State Water Resources Board (State Board 2014).
2.2.4 State Water Resources Control Board Wetland Policy (April 2019) On April 2, 2019, the State Water Resources Control Board (State Water Board) adopted rules to protect wetlands and other environmentally sensitive waterways throughout the state. More than 90 percent of California’s historic wetlands have been lost to development and other human activity. Wetlands are a critical natural resource that protect and improve water quality, provide habitat for fish and wildlife, and buffer developed areas from flooding and sea-level rise. The newly adopted rules provide a common, statewide definition of what constitutes a wetland. They also provide consistency in the way the State Water Board and nine regional water boards regulate activities to protect wetlands and other waterways, such as rivers and streams, and bays and estuaries. The State of California waters of the state are, by definition, broader than “waters of the United States” covered by federal regulation. The newly adopted rules do not change that and will ensure that waters of the state will continue to be protected even if protections for federal waters are narrowed by administrative actions or the courts.
The new definition clarifies what is considered a wetland – and what is not – for the entire state, provides a common framework for monitoring and reporting the quality of California’s remaining wetlands, helps ensure no overall net loss, and promote an increase, in the quantity, quality, and sustainability of waters of the state, including wetlands, improves transparency and consistency across the State Water Board and the nine Regional Water Quality Control Boards in how discharges of dredged or fill material in sensitive waterways are monitored and regulated, and avoids duplicative work and streamline requirements to cover all waters of the state, so both state and federal Item 6A 115
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-5
environmental concerns are addressed at once.
2.2.5 California Department of Fish and Game Code Sections 3503, 3503.5, and 3800:
Nesting Migratory Bird and Raptors
Sections 3503, 3503.5, and 3800 of the CDFG Code prohibit the take, possession, or destruction of birds, their nests or eggs. Implementation of the take provisions requires that project-related disturbance within active nesting territories be reduced or eliminated during critical phases of the nesting cycle (approximately March 1 – August 31).
Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g. killing or abandonment of eggs or young), or the loss of habitat upon which birds are dependent, is considered "taking", and is potentially punishable by fines and/or imprisonment (LCC 2013).
2.2.6 California Special Species of Concern, Fully Protected, and Special Status Species California designates Species of Special Concern (SSC) as species of limited distribution, declining populations, diminishing habitat, or unusual scientific, recreational or educational values. These species do not have the same legal protection as listed species but may be added to official lists in the future (CDFW 2014). For example, the coast horned lizard (Phrynosoma blainvillii) is designated as SSC and the species is evaluated as part of this Biological Report since it has been identified within the Colfax USGS Topographic Quadrangle where the proposed Project is located.
In the 1960’s California created a designation to provide additional protection to rare species. This designation remains today and is referred to as “Fully Protected” species, and those listed “may not be taken or possessed at any time” (CDFW 2014).
There are no species designated as a Fully Protected species known to occur within or adjacent to the Project area.
California special status species are identified by the California Natural Diversity Database (CNDDB) and includes those species considered to be of greatest conservation need by the CDFW.
2.2.7 California Environmental Quality Act Guidelines Section 15380 California Environmental Quality Act (CEQA) Guidelines section 15380(b) provides that a species not listed on the federal or state list of protected species may be considered rare or endangered if the species can be shown to meet certain specific criteria. This section was included in the guidelines to deal primarily with situations in which a public agency is reviewing a project that may have a significant effect on, for example a “candidate species” that has not yet been listed by the USFWS or CDFW. CEQA, Item 6A 116
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-6
therefore, enables an agency to protect a species from significant project impacts until the respective government agencies have had an opportunity to list the species as protected, if warranted (CNRA 2012).
Plants appearing on the California Native Plant Society (CNPS) California Rare Plant Rank (CRPR) are considered to meet CEQA’s Section 15380 criteria. Ranks include:
1A) plants presumed extirpated in California and either rare or extinct elsewhere, 1B) plant rare, threatened, or endangered in California and elsewhere, 2A) plants presumed extirpated in California, but more common elsewhere, and 2B) plants rare, threatened, or endangered in California, but more common elsewhere. Impacts to these species would therefore be considered “significant” requiring mitigation.
2.2.8 State Oak Woodland Regulations
State laws that regulate protection of oak woodlands include Professional Forester’s Law (PFL) and CEQA according to Public Resources Code Section 21083.4. Oak woodlands are defined as areas having 10% oak canopy cover or greater. “Oaks” are defined in Public Resources Code Section 21083.4 as a native tree species in the genus Quercus, that is 5 inches diameter at breast height (DBH) or greater. The Oak Woodlands Conservation Act (SB 1334) provides funding for the conservation and protection of oak woodlands in California. Oak trees and oak woodland habitats are protected under both the State and the Nevada County landmark groves and landmark oak tree regulations as discussed below.
2.3 Local Regulations
2.3.1 City of Colfax Tree Removal Regulations (Code of Ordinances 12.16) Article II - Tree Preservation Guidelines
12.16.080 - Purpose and intent.
The purpose of establishing tree preservation guidelines is to maintain natural scenic beauty, improve air quality, water quality, reduce soil erosion, preserve significant natural heritage values, preserve wildlife habitat and help to reduce energy consumption for air cooling by providing shade. As development of vacant land occurs, loss of some tree cover may be unavoidable. The city's intent is to reduce the loss of tree to reasonably acceptable levels while encouraging cooperation between the development community, citizens and the city in attempting to retain tree cover within the city to the maximum extent possible. In the spirit of reasonableness these guidelines shall not categorically prohibit tree removal. It is Item 6A 117
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-7
recognized that development of foothill topography and project-specific terrain may dictate tree removal. It shall be the policy of the city to preserve trees whenever feasible through the review of all proposed development activities where trees are present, while recognizing individual rights to develop property in a reasonable manner. (Ord. 472 § 1, 2000)
12.16.090 - Authority.
The city has an established planning application review process. The planning commission shall oversee enforcement of the tree preservation guidelines through project conditions of approval in conjunction with granting planning application approval. In the event planning commission approval is not required of the application the city manager or his or her designee shall oversee enforcement of the tree preservation guidelines. (Ord. 472 § 2, 2000)
12.16.100 – Tree identification.
Planning applications submitted to the city shall identify all trees on the property in excess of six inches in diameter, measured four and one-half feet from ground level.
Trees to be saved and removed shall be clearly designated on the plan. Clearing of trees over six inches in diameter measured four and one-half feet from the ground is prohibited prior to issuance of a grading permit. (Ord. 472 § 3, 2000)
12.16.110 – Tree preservation requirements.
Innovative techniques or alternative project design shall be considered to preserve trees to the maximum extent feasible to retain conifers, oaks, maples and cedars. Preserving trees shall require installing bright colored mesh fencing, flagged stakes or some visible means of physical demarcation around the drip line of the tree(s) in the field prior to issuance of a grading permit. The drip line of a tree is the outermost edge of a tree’s canopy. No movement of soil or earth material shall take place within the drip line of trees designated for preservation. (Ord. 472 § 4, 2000)
12.16.120 – Tree replacement requirements.
Trees enhance the aesthetic appearance of any project. When tree removal is unavoidable:
A. The applicant/developer shall replace and replant removed trees with an equal number of trees.
B. Minimum/maximum replacement trees shall range from one gallon to forty-eight (48) inch box container sizes mixed to create a natural horizon line.
Item 6A 118
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 2-8
C. A mix of tree species is preferred (rather than planting the same species throughout the project) to achieve a more natural, native appearance.
D. Hillside development shall preserve trees when feasible or be replanted immediately to prevent erosion. "Immediate" means prior to the issuance of a certificate of occupancy or final inspection.
E. Trees shall be irrigated and maintained by any and all subsequent owners for a minimum period of five years after installation in accordance with the Colfax design guidelines maintenance requirements:
1. Deposit with the city a maintenance bond, cash, letter of credit or its equivalent, in an amount equal to one-half the market value of landscaping and irrigation guaranteeing the proper care, treatment and maintenance of landscaping for a period of three years; or
2. Execute an agreement and equitable lien in an amount equal to the full market value of the landscaping and irrigation with the city, guaranteeing the lien shall cause a written letter of notification by the city to the owner of the real property within ten (10) days that the city will perform or have performed by a reputable landscaper any and all maintenance work it deems necessary and bring legal action against the owner for the frill cost of such maintenance work or foreclose such equitable lien as provided by law.
Item 6A 119
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 3-1
3 METHODOLOGY
In order to evaluate the Project area for the presence of any sensitive biological resources, baseline information from databases and reporting for similar projects in the City of Colfax and Placer County was collected and reviewed prior to conducting reconnaissance-level field biological surveys. The database searches, background research, and habitat level field surveys characterized the baseline conditions of the Project area. Based on the baseline conditions of the Project area, an assessment was implemented to determine if any special-status plant or wildlife species use the Project area at any time during their life cycle. The baseline conditions also identified the presence of any sensitive habitat or communities, including “waters of the U.S.,” including wetlands, that have been identified and mapped within the Project area.
3.1 Sensitive Biological Resources Background Review
The following information was used to identify potential sensitive biological resources, including the presence of special-status plant and wildlife species, within the Project area region that could be found to use the Project area:
• California Department of Fish and Wildlife’s California Natural Diversity Database records search of the Colfax USGS Topographic Quadrangle where the Project area is located (CDFW, 2022);
• The California Native Plant Society’s online Inventory of Rare and Endangered Plants of California for the Project area and Placer County (CNPS, 2022); • The U.S. Fish and Wildlife Service Information, Planning, and Consultation System (IPaC) for endangered, threatened, and proposed listed species for the Project area (USFWS, 2022);
• National Wetland Inventory map of the Project area (NWI, 2022); • United States Department of Agriculture (USDA) Soils Mapper of the Project area (USDA, 2022);
• Natural Resources Conservation Service (NRCS) Hydric Soils List for Placer County (NRCS, 2022); and
• City of Colfax Municipal Code, Ordinances, and General Plan.
3.2 Reconnaissance Level Biological Resources Field Surveys Reconnaissance-level biological resources field surveys were conducted on foot for the entirety of the Project area (2.56 acres) by Greg Matuzak, Principal Biologist and owner of Greg Matuzak Environmental Consulting LLC. An initial field meeting with the owner of the subject parcel and the Project applicant was conducted on July 9th, 2022.
Item 6A 120
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 3-2
Habitat level and biological resources surveys were not conducted on July 9th, 2022.
However, a reconnaissance-level biological resources survey was conducted by Mr.
Matuzak of the entirety of the subject parcel on August 6th, 2022. The purpose of the surveys completed in August 2022 was to identify habitat and vegetation types and to determine the potential for any special-status plant and wildlife species identified in the desktop analysis and background research to occur within the Project area. Additionally, the presence of an intermittent drainage and associated riparian habitat was evaluated as part of the site survey in August 2022.
Further evaluation of the Project area conducted on August 6th, 2022 included a focal evaluation of an area along the toe of slope of the graded slope that divides the western and eastern sections of the Project area. The focal survey conducted along the toe of slope was to determine the presence of hydrophytic vegetation and indicators of hydric soils and wetland hydrology, if they were present. Some wetland associated plants, including rushes (Juncus sp.) and sedges (Carex sp.), were identified within a small, narrow area within the toe of slope of the graded slope and continued to the curb associated with the subject parcel at Whitcomb Avenue. Upon closer evaluation, the toe of slope and area along the frontage with Whitcomb Avenue do not contain indicators of hydric soils or wetland hydrology and therefore, would not be mapped as wetlands regulated by state or federal agencies/regulators.
3.3 Project Area Characterization
The Project area has been disturbed by historic cut and fill practices, public access, and ongoing management for many years which is the baseline condition for the Project area. Within the Project area, the dumping of soils, landscape materials, and other miscellaneous items has also occurred for many years and the current circumstances are the baseline conditions. Areas not subject to this regular type of previous disturbance are dominated by mostly native habitat and, therefore, are also the baseline condition within and mostly adjacent to the Project area.
All vascular plant species identified at the time of the surveys were recorded using keys and descriptions in The Jepson Manual (Baldwin et al., 2012). Additionally, vegetation types have been classified by wildlife habitats/vegetation types using the California Department of Fish and Game’s (CDFG) A Guide to Wildlife Habitats (Mayer and Laudenslayer, 1988). A list of plant and wildlife species identified within the Project area as part of the development of this Biological Report is located in the attached appendices.
Item 6A 121
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 4-1
4 ENVIRONMENTAL SETTING
4.1 Environmental Setting
The Project area is located in Placer County, CA in the northern-central Sierra Nevada foothills. The Sierra Nevada foothills lie between the western edge of the Sierra Nevada and the eastern border of the Central Valley. The foothills form a belt 10 to 30 miles wide that ranges from 500 to 5,000 feet in elevation in a series of northwest to northnorthwest aligned ridges that decline in elevation from northeast to southwest. Many rapidly flowing rivers and streams run westerly in deeply incised canyons with bedrock channels to the Central Valley and eventually to the Pacific Ocean. Alluvial fans, floodplains, and terraces are not extensive; and all but the largest streams are generally dry during the summer. Dominant vegetation communities include non-native annual grasslands and riparian vegetation associated with the intermittent drainage along the eastern parcel boundary.
Vegetation communities within the Project area are typical of the lower Sierra Nevada foothills. However, the terrain within the central section of the Project area is not typical of the lower Sierra Nevada foothills that normally vary between flat ridges and valleys to gently and moderately sloping hillsides given the high level of disturbance within the central section of the Project area where cut and fill, and potentially grading impacts have occurred historically. The Project area elevation ranges from approximately 2,350 to 2,335 feet above mean sea level (MSL). The general topography slopes north to south and west to east within the subject parcel.
Natural hydrological sources for the Project area include precipitation and surface run-off from adjacent lands. Mean annual rainfall in the area is 47.06 inches (NRCS, 2022).
There were no documented rain events over the previous month prior to the field surveys and as such, no surface water was documented within the intermittent drainage. The intermittent drainage runs along the eastern parcel boundary from north to south within the eastern section of the Project area. The intermittent drainage is not shown as a blue line feature or stream on any USGS or NWI maps that include the Project area. However, there is a line feature within the NWI mapping of the Project area that may represent a previous/historical drainage cutting north to south within the central portion of the subject parcel or it may represent an offset from the existing intermittent drainage along the eastern parcel boundary and may not accurately reflect the geographic position of the drainage within the subject parcel.
4.2 Project Area Soil Types
The USDA Soil Survey Mapper (USDA, 2022) identifies two soil types within the Project area. USDA soil mapping for the Project area is included in Appendix C and indicates that Item 6A 122
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 4-2
the Project area contains the following soil types: Josephine loam, 2 to 9 percent slopes and Josephine loam, 9 to 15 percent slopes. These soil types are described in detail below and are shown in Appendix C and neither of these soils types are listed under the NRDC List of Hydric Soils for western Placer County where the Project is located:
• Josephine Loam, 2 to 9 percent slopes (157). The Josephine series consists of deep, well drained soils that formed in colluvium and residuum weathered from altered sedimentary and extrusive igneous rocks. Josephine soils are on broad ridgetops, toeslopes, footslopes, and side slopes of mountains. Slopes are 2 to 75 percent.
The mean annual precipitation is about 45 inches and the mean annual temperature is about 50 degrees F.
• Josephine Loam, 9 to 15 percent slopes (158). mountains. Slopes are 2 to 75 percent. The mean annual precipitation is about 45 inches and the mean annual temperature is about 50 degrees F.
4.3 Project Area Vegetation Communities
Vegetation community types within the Project area are described below.
Disturbed
The Project area is considered a disturbed habitat type. The Project area contains a mix of fill material, asphalt, and gravel that have created a mix of non-native ruderal grassland vegetation and areas of barren ground. The disturbed area encroaches towards the eastern edge of the subject parcel. The riparian within the intermittent drainage is all invasive and non-native species and the vegetation ends at the top of the bank where a dense area dominated mostly by invasive Himalayan blackberry shrubs (Rubus armenicus) is located at the top of the drainage’s bank. Himalayan blackberry and scotch broom (Cytisus scoparius) dominate the central cut and sloped area that runs north to south within the central portion of the subject parcel. There is additional scotch broom located along the frontage with Whitcomb Avenue and to the west and north of the Project area along the borders of the subject parcel. Common to the environmental setting of this habitat type are yellow star thistle (Centaurea solstitalis), garden burnett (Poterium sanguisorba), soft chess (Bromus hordeaceous), bisnaga (Ammi visnaga), and patches of Himalayan blackberry occur within the entirety of the subject parcel.
Wetland Associated Plants
Further evaluation of the Project area conducted on August 6th, 2022 included a focal evaluation of an area along the toe of slope of the graded slope that divides the western and eastern sections of the Project area and runs north to south within the subject parcel. The focal survey conducted along the toe of slope was to determine the Item 6A 123
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 4-3
presence of hydrophytic vegetation and indicators of hydric soils and wetland hydrology, if they were present. Based on the initial site visit in July 2022, some wetland associated plants were identified along the toe of slope of the graded slope and runs all the way to Whitcomb Avenue where the vegetation spreads out a little wider due to the curb along Whitcomb Avenue being a barrier to any water flowing further south.
Some wetland associated plants, including rushes (Juncus sp.) and sedges (Carex sp.), were identified within a small, narrow area within the toe of slope of the graded slope and continued to the curb associated with the subject parcel at Whitcomb Avenue. Upon closer evaluation, the toe of slope and area along the frontage with Whitcomb Avenue do not contain indicators of hydric soils or wetland hydrology and therefore, would not be mapped as wetlands regulated by state or federal agencies/regulators. Two (2) shovel pits were taken, one in the central location of the subject parcel at the toe of slope of the cut slope, and the other at the southern end near Whitcomb Avenue where the vegetation becomes wider. The soils were identified as the following per the Munsell Soil Color Chart:
• 7.5YR 3/2 within the central section of the subject parcel at the toe of slope with no indicators of wetland hydrology present except for the drainage pattern artificially created by the cut slope. This soil color is not indicative of a hydric soil and indicators of wetland hydrology are not present at this location, which is representative of the toe of slope from approximately 50 feet north of Whitcomb Avenue to the northern end of the cut slope. • 5YR 3/2 within the southern section of the subject parcel at the toe of slope where the area widens. This soil pit also showed no indicators of wetland hydrology present except for the drainage pattern artificially created by the cut slope and the curb along the frontage with Whitcomb Avenue that cuts off drainage within the subject parcel. This soil color is not indicative of a hydric soil and indicators of wetland hydrology are not present at this location, which is representative of the toe of slope from the southern edge of the subject parcel where the curb is located along Whitcomb Avenue to approximately 50 feet north along the cut slope.
The USDA Soil Survey shows the entirety of the subject parcel to be mapped as the Josephine Soil Series being mapped as Josephine loam, 9 to 15 percent slopes. The Josephine Soil Series is not identified within the NRCS Hydric Soils List for western Placer County where the subject parcel is located (see attached appendices for a USDA soils map of the subject parcel and the NRCS Hydric Soils List). Given the soil series is not included in the NRCS Hydric Soils List covering the subject parcel and given the clear lack of indicators for hydric soils and wetland hydrology to be present within the area surveyed, the toe of slope along the eastern edge of the cut slope does not represent Item 6A 124
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 4-4
the required parameters to meet the definition of a wetland and regulated under the Clean Water Act. Therefore, this area within the subject parcel was not mapped as a regulated wetland and this area can be filled without notification to state and federal agencies given the lack of required wetland characteristics to be mapped as a regulated wetland.
Item 6A 125
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 5-1
5 RESULTS
Special-status species were considered for the Project area based on a current review of the CNDDB and database information provided by the United States Fish and Wildlife Service and California Native Plant Society as well as the reconnaissance-level biological resources surveys.
5.1 Special-Status Plant Species
Based on the results of the database searches, two (2) special-status plant species were identified as previously occurring within 3 miles of the Project area. Several other additional special-status plant species have been previously documented within the Colfax USGS Topographic Quadrangle that are not mapped within 3 miles of the Project area. A description of the special-status plant species previously known to occur within 3 miles of the Project area (CNDDB, 2022) are discussed below as well as a list of additional species previously identified within the Colfax USGS Topographic Quadrangle (see below and attached in the appendices). No special-status plant species were identified within the Project area during reconnaissance-level surveys and given the disturbed nature of the site and lack of suitable habitat for such species, special-status plant species have a very low potential to occur within the Project area. In addition, no USFWS Designated Critical Habitat (DCH) has been mapped by USFWS for any federally listed species within the vicinity of the Project area.
The following are the previously identified special-status plant species identified in the CNDDB within 3 miles of the Project area:
Scadden Flat checkerbloom (Sidalcea stipularis) – Federally and CA State Endangered and California Native Plant Society List 1B.1
Scadden Flat checkerbloom inhabits marshes and swamps between July and August. It is found in wet montane marshes fed by springs, normally between 2,295 and 2,395 feet above MSL. The species has been documented within 3 miles to the north of the Project area. Suitable habitat for this species does not occur within the Project area.
Additionally, this species was not documented during the August 2022 surveys that included the Project area. Therefore, the potential for this species to occur within the Project area is considered nil to very low.
Brandegee’s Clarkia (Clarkia biloba ssp. brandegeeae) – California Native Plant Society List 4.2
Brandegee’s clarkia inhabits chaparral, cismontane woodland, and lower montane coniferous/mixed conifer forest habitats. It is most often found in road cuts between 75 and 915 meters above MSL. The species has been documented in several Item 6A 126
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 5-2
locations within 3 miles of the Project area. During field surveys this species was not identified within the Project area and suitable habitat for this species is considered to be lacking within the Project area for this species. Given that this species is most likely found on or near road cuts on north facing slopes, the likelihood of this species occurring within the Project area is considered very low given the Project area does not include any road cuts on north facing slopes.
The following are the previously identified special-status plant species identified within Colfax Quad and not mapped within the CNDDB within 3 miles of the Project area:
Sierra blue grass (Poa sierra) – California Native Plant Society List 1B.3 Sierra blue grass is found in openings in lower montane coniferous forest, between 1,195 and 4,920 feet above MSL and blooms between April and July. There is no suitable habitat for this species in the Project area given the lack of montane hardwood-conifer forests within the Project area. The species has not been documented within 3 miles of the Project area (CNDDB 2022) and the species was not observed during the August 2022 field surveys. Therefore, the potential for the species to occur within the Project area is considered very low to nil given the lack of suitable habitat for this species within the Project area.
Red Hills soaproot (Chlorogalum grandiflorum) – California Native Plant Society List 1B.2 Red Hills soaproot is found in chaparral, cismontane woodland, lower montane coniferous forests on serpentinite and gabbroic substrates, between 800 and 5,545 feet above MSL and blooms between May and June. The species has not been documented previously within 3 miles of the Project area (CNDDB 2022). The species was not observed during the August 2022 field surveys. Potential for occurrence of this species is considered very low and not expected to occur within the Project area given the lack of mixed chaparral vegetation in gabbroic soils within the Project area.
Additional special-status plant species with no potential to occur within the Project area that have been previously documented within the Colfax Quadrangle, but have not previously been mapped within the CNDDB within 3 miles of the Project area:
• Humboldt lily (CNPS List 4.2)
• Congdon’s onion (CNPS List 4.3)
• Sanborn’s onion (CNPS List 4.2)
• Serpentine bluecup (CNPS List 4.3)
• Giant checkerbloom (CNPS List 4.3)
• Streambank spring beauty (CNPS List 4.2)
• Tripod buckwheat (CNPS List 4.2)
Item 6A 127
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 5-3
5.2 Special-Status Wildlife Species
Based on the results of the database searches, three (3) special-status wildlife species were identified as previously occurring within 3 miles of the Project area.
Additionally, several other special-status wildlife species have been previously identified within the Colfax USGS Topographic Quadrangle and are listed below and in the attached appendices. A description of the special-status wildlife species previously identified within 3 miles of the Project area (CNDDB, 2022) are discussed below with a list of the other special-status species also documented within the Colfax USGS Topographic Quadrangle. No special-status wildlife species were identified within the Project area during reconnaissance-level surveys and given the disturbed nature of the site and lack of suitable habitat for such species, special-status wildlife species have a very low potential to occur within the Project area. In addition, no USFWS Designated Critical Habitat (DCH) has been mapped by USFWS for any federally listed species within the vicinity of the Project area.
The following are the previously identified special-status wildlife species identified in the CNDDB within 3 miles of the Project area:
Coast horned lizard (Phrynosoma blainvillii) – CA State Species of Concern The coast horned lizard occurs in open sandy areas, scattered low bushes, chaparral, manzanita, and oak woodland habitats. It is found in the Sierra Nevada foothills from Butte County to Kern County and throughout the central and southern California coast. Coast horned lizards forage on the ground in open areas, usually between shrubs and often near ant nests. The species relies on camouflage for protections. Predators and extreme heat are avoided by burrowing into loose soil.
Periods of inactivity and winter hibernation are spent burrowed in the soil under surface objects such as logs or rocks, in mammal burrows, or in crevices (Zeiner et al., 2000). They inhabit mostly open country, especially sandy areas, washes, flood plains and windblown deposits in a wide variety of habitats and can be found at elevations up to 8,000 feet (2,438 meters) (CaliforniaHerps, 2014).
This species has been documented within 3 miles of the Project area. There is marginal suitable habitat within the open disturbed areas within the Project area. As the central portion of the Project area contains the required open areas of exposed, sandy soils for this species, this species would be considered to have at least a very low potential to occur within the Project area. However, given the disturbed and developed nature of the Project area and surrounding parcels and given that no coast horned lizards were observed during the August 2022 reconnaissance-level biological surveys conducted within the Project area, it is very unlikely that this species would occur within the Project area.
Item 6A 128
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 5-4
Foothill yellow-legged frog (Rana boylii) – Candidate as Threatened under CESA Foothill yellow-legged frogs inhabit partly shaded, shallow streams and riffles with a rocky substrate in a variety of habitats. The species requires at least some cobble-sized substrate for egg laying. The species requires at least 15 weeks to attain metamorphosis.
These frogs are ectothermic, so ambient temperature affects the likelihood of detection of this species. Whether the life form is larval or subadult, both stages will shelter in place under substrate and emerge and become active with warmth (i.e., detection probability increases with temperature).
This species has been identified in several locations within 3 miles of the Project area. However, the species was not identified during reconnaissance-level biological surveys conducted within the Project area. Additionally, given the lack of a perennial stream with rocky substrate within the Project area, this species is considered absent from the Project area.
Obscure bumble bee (Bombus caliginosus) – CDFW S1
Obscure bumble bee was last documented within the vicinity of the City of Colfax in 1949, over half a century ago. It is only known from a collection of five individuals on June 1st of that year. Given the species has only been documented a single time within 3 miles of the Project area in 1949, there is an extremely low potential of the species occurring within the Project area.
Additional special-status wildlife species with no potential to occur within the Project area that have been previously documented within the Colfax Quadrangle, but have not previously been mapped within the CNDDB within 3 miles of the Project area:
• Fisher (State Species of Special Concern)
• Valley elderberry longhorn beetle (Federally threatened) • Western pond turtle (State Species of Special Concern) • Loggerhead shrike (State Species of Special Concern)
• Western pearshell (None)
• Western bumble bee (None)
Nesting raptors and other migratory bird species - Protected under CA State DFG Code Sections 3503, 3503.5, and 3800
There is a low potential for nesting raptors and other nesting migratory bird species to occur within and directly adjacent to the Project area. The Project area contains suitable nesting habitat for bird species, such as tree nesting species (in trees directly Item 6A 129
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 5-5
adjacent to the subject parcel) and ground nesting species like the spotted towhee (Pipilo maculatus) and dark-eyed junco (Junco hyemalis). Additional species that are known to nest in shrub and tree habitat have the potential to nest within the Project area though the likelihood is considered low given the level of disturbance within and adjacent to the Project area. The nesting season for raptors and other protected nesting birds within the Project area occurs between March 1st and August 31st.
Item 6A 130
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 6-1
6 CONCLUSIONS AND RECOMMENDATIONS:
These conclusions and recommendations are based on the findings of this Biological Report and the impact assessment based on the Project Understanding outlined in Section 1.2 above. The impact assessment and recommendations below are based on the proposed Project components that would require disturbance within the Project area. These project components area included in the Site Plan attached in Appendix B and are outlined in Section 1 above. A total of 318 storage units are planned within an area of approximately 56,640 square feet within the subject parcel.
Additionally, six (6) individual parking spaces are proposed. A new access drive into the Project area off of Whitcomb Avenue is also proposed. There will be a minimum buffer from the eastern parcel boundary where the intermittent drainage is located and therefore, the proposed Project would be set off of the drainage and outside of any riparian vegetation associated with the intermittent drainage.
For sensitive biological resources that have the potential to be impacted by such disturbance, avoidance, minimization, and mitigation measures are proposed to ensure that such disturbance does not cause a significant impact on any sensitive biological resources within the Project area.
Proposed Avoidance, Minimization, and Mitigation Measures
6.1 Potential Impacts to Special-Status Plant Species
Special-status plantsurveys were conducted within the Project area during August 2022, which coincides with the blooming period of several of the specialstatus plant species that have been previously identified within 3 miles of the Project area and within the Colfax USGS Topographic Quadrangle. No specialstatus plants were documented within the Project area during the site visits and surveys conducted as part of the development of this Biological Report.
Therefore, there is a very low likelihood that the Project area would contain a protected special-status plant species listed by CNPS and per CEQA requirements based on the results of the August 2022 surveys of the Project area.
Disturbance related impacts to CNPS list 3 and list 4 species would not be considered a “significant” impact requiring additional mitigation under CEQA Guidelines Section 15380. Therefore, the proposed Project would have a less than significant impact on special-status plant species, if present during such disturbance given the CNPS 1B.1, 1B.2, and 1B.3 species previously documented within 3 miles of the Project area and within the Colfax USGS Topographic Quadrangle have a very low likelihood to occur within the Project area and would not be impacted by the proposed Project.
Item 6A 131
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 6-2
6.2 Potential Impacts to Special-Status Wildlife Species The coast horned lizard is the terrestrial special-status wildlife species with at least some potential to occur within the Project area, even though the species has not been observed within the Project area. Therefore, this species is in addition to potential nesting raptors that have some potential to occur within the Project area as discussed in detail below.
Coast horned lizard
Occurrence: There is potential suitable habitat within the open disturbed and disturbed sections of the Project area. In addition, the Project area includes the required open areas of exposed, sandy soils for this species within those habitat types. Therefore, this species has a low potential to occur within the Project area.
Mitigation: Prior to disturbance within the areas of the Project area that contain suitable habitat for the species, a pre-construction survey for the species shall be conducted prior to any disturbance within those disturbed and developed areas of the Project area in order to avoid direct impacts to the species. If the species is documented during preconstruction surveys, a qualified wildlife biologist would have the authority to move individual coast horned lizards outside of the proposed disturbance area(s) in order to avoid an impact to this species. Once the coast horned lizard(s) have been removed from the disturbance area(s) and out of harms way, the proposed work would no longer pose a risk to individuals of the species.
Therefore, the proposed Project would have a less than significant impact on the coast horned lizard with the implementation of the mitigation measures outlined above.
6.3 Potential Impacts to Nesting Raptors and other Protected Bird Species
Given the Project area is located adjacent to many larger trees and the Project area is dominated by non-native annual grassland and shrub species that may contain suitable habitat for nesting raptors and other protected bird species, removal of such trees and shrubs should be done outside the breeding season, if possible, to avoid potential impacts to such protected nesting bird species. The breeding season for raptors and MBTA protected bird species in the vicinity of the Project area is generally from March 1 to August 31. Vegetation clearing or tree removal outside of the breeding season for such bird species would not require the implementation of any avoidance, minimization, or mitigation measures. However, construction or development activities during the breeding season could disturb or remove occupied nests of raptors and would require the implementation of a pre-construction survey within 250 feet of the any Item 6A 132
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 6-3
disturbance area within the Project area for nesting raptors and other protected bird species within 14 days prior to disturbance.
Avoidance: Vegetation clearing or tree removal outside of the breeding season for such bird species and/or avoidance of such potential nesting habitat would not require the implementation of any avoidance, minimization, or mitigation measures.
Mitigation: Construction or disturbance activities during the breeding season could disturb or remove occupied nests of raptors and/or protected bird species and would require the implementation of a pre-construction survey within and adjacent to any proposed disturbance area within the Project area for nesting raptors and other protected bird species within 14 days prior to disturbance. The nesting survey radius around the proposed disturbance would be identified prior to the implementation of the protected bird nesting surveys by a CDFW qualified biologist and would be based on the habitat type, habitat quality, and type of disturbance proposed within or adjacent to nesting habitat.
If any nesting raptors or protected birds are identified during such pre-construction surveys, trees or shrubs or grasslands with active nests should be not be removed or disturbed and a no-disturbance buffer should be established around the nesting site to avoid disturbance or destruction of the nest site until after the breeding season or after a qualified wildlife biologist determines that the young have fledged. The extent of these buffers would be determined by a CDFW qualified wildlife biologist and would depend on the special-status species present, the level of noise or construction disturbance, line of sight between the nest and the disturbance, ambient levels of noise and other disturbances, and other topographical or artificial barriers. These factors should be analyzed by a qualified wildlife biologist to make an appropriate decision on buffer distances based on the species and level of disturbance proposed in the vicinity of an active nest.
Therefore, the proposed Project would have a less than significant impact on nesting raptors and other protected bird species with the implementation of the mitigation measures outlined above.
6.4 Potential Impacts to Clean Water Act Regulated “Waters of the U.S.,” Including Wetlands
A single intermittent drainage is the only wetland or stream feature identified within the Project area and it is assumed to fall under Corps jurisdiction pursuant to Section 404 of the CWA. The RWQCB pursuant to Section 401 of the CWA also has jurisdiction over areas subject to regulation by the Corps under Section 404 of the CWA. As detailed in the CWA, any proposed action that would place fill or dredge material within areas identified as Corps jurisdictional wetlands or waters would require a Department of the Item 6A 133
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 6-4
Army Section 404 permit and a RWQCB Section 401 Water Quality Certification, or waiver thereof, prior to the placement of fill or dredge material within such features. Fill or dredge impacts to any features regulated under Sections 404 and 401 of the CWA would be required to be mitigated at a minimum of a 1:1 ratio. Compensatory mitigation would be included as a Section 404 and Section 401 permit condition to be implemented prior to the placement of such dredge and fill material within a “waters of the U.S.,” including wetlands, and would ensure the no net loss of such features within the Project area.
Given that no fill or dredge material is proposed to be placed within the intermittent drainage as part of the proposed Project, the proposed Project would have a less than significant impact on CWA regulated “waters of the U.S.” including wetlands.
6.5 Potential Impacts to Stream and Riparian Zones Under CDFW Jurisdiction
Any substantial alteration to the intermittent drainage within the Project area would likely fall under CDFW jurisdiction as the drainage contains a bed and bank and riparian vegetation along its banks. Any proposed alteration of any stream would most likely require a Streambed Alteration Agreement from the CDFW pursuant to Section 1600 et. seq. of the California Fish and Wildlife Code prior to construction, including any disturbance within the intermittent drainage within the Project area.
Given that there will be a minimum proposed 20-foot setback from the eastern parcel boundary where the intermittent drainage flows north to south, no impacts to the bed and bank of the intermittent drainage will occur, nor will any impact to associated riparian vegetation within the intermitted drainage occur. Therefore, the proposed Project would have a less than significant impact on CDFW regulated streams and any associated riparian habitat. A Streambed Alteration Agreement with CDFW for such impacts would not be required as the Project is presently proposed.
6.6 City of Colfax Tree Removal Regulations (Code of Ordinances 12.16) The Project applicant will comply with the City of Colfax tree removal regulations (Code of Ordinances 12.16). Trees that will be preserved within the Project area that are located directly adjacent to proposed disturbance shall require the installation of bright colored mesh fencing, flagged stakes or some visible means of physical demarcation around the drip line of the tree(s) in the field prior to issuance of a grading permit. No movement of soil or earth material shall take place within the drip line of trees designated for preservation.
Item 6A 134
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 6-5
Trees that will be removed within the subject parcel will comply with the City’s ordinance by implementing the following to mitigate for trees to be removed:
A. The applicant/developer shall replace and replant removed trees with an equal number of trees.
B. Minimum/maximum replacement trees shall range from one gallon to forty-eight (48) inch box container sizes mixed to create a natural horizon line.
C. A mix of tree species is preferred (rather than planting the same species throughout the project) to achieve a more natural, native appearance.
D. Hillside development shall preserve trees when feasible or be replanted immediately to prevent erosion. "Immediate" means prior to the issuance of a certificate of occupancy or final inspection.
E. Trees shall be irrigated and maintained by any and all subsequent owners for a minimum period of five years after installation in accordance with the Colfax design guidelines maintenance requirements:
1. Deposit with the city a maintenance bond, cash, letter of credit or its equivalent, in an amount equal to one-half the market value of landscaping and irrigation guaranteeing the proper care, treatment and maintenance of landscaping for a period of three years; or
2. Execute an agreement and equitable lien in an amount equal to the full market value of the landscaping and irrigation with the city, guaranteeing the lien shall cause a written letter of notification by the city to the owner of the real property within ten (10) days that the city will perform or have performed by a reputable landscaper any and all maintenance work it deems necessary and bring legal action against the owner for the frill cost of such maintenance work or foreclose such equitable lien as provided by law.
The proposed Project would have a less than significant impact on trees within the subject parcel with the implementation of the mitigation measures outlined above, if any trees are to be removed within the subject parcel.
Item 6A 135
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 7-1
7 REFERENCES
Baldwin, B.G., Goldman, D.H., Keil, D.J., Patterson, R., Rosatti, T.J., and Wilken, D.H. 2012.
The Jepson Manual: Vascular Plants of California, Second Edition. University of California Press.
Burt, William Henry. 1980. A Field Guide to the Mammals of North America north of Mexico.
New York, New York: Houghton Mifflin Company, 1980.
Calflora. Information on California Plant for Education, Research and Conservation. [web application]. 2022.
California Department of Fish and Game (CDFG). 2004. Fish and Game Code Sections 1600-1616.
California Department of Fish and Wildlife (CDFW). 2022. Lake and Streambed Alteration Program.
California Department of Fish and Wildlife (CDFW). 2022. California Wildlife Habitat Relationships (CWHR).
California Department of Fish and Game (CDFG). 1987. Five-Year Status Report:
California Black Rail. Non-Game Bird and Mammal Section, Wildlife Management Division, Department of Fish and Game. California.
California Department of Fish and Game (CDFG). 2011. Special - 898 Taxa. California Natural Diversity Database, The Natural Resources Agency, Biogeographic Branch, Department of Fish and Game. California.
California Department of Fish and Wildlife (CDFW). 2022. RareFind Verion 3: Search of 3- mile buffer around Project Area. California Natural Diversity Database (CNDDB), California Department of Fish and Wildlife. Sacramento, California.
California Department of Fish and Wildlife (CDFW). 2022. Threatened and Endangered Species. California Department of Fish and Wildlife. Sacramento, California.
CaliforniaHerps.com (CaliforniaHerps). 2022. A Guide to Amphibians and Reptiles in California. CaliforniaHerps.com. California.
California Native Plant Society (CNPS). 2000. A Manual of California Vegetation. [web based version]. California Native Plant Society. Information Center for the Environment, University of California Davis.
California Native Plant Society (CNPS). 2022. Online Inventory of Rare, Threatened, and Endangered Plants of California, V9-02. California Native Plant Society. California.
Item 6A 136
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 7-2
Cornell Law School. 2001. Solid Waste Agency of Northern Cook City. V. Army Corps Of Engineers (99-1178) 531 U.S. 159 (2001) 191 F.3d 845, reversed. Legal Information Institute.
Drake University. 2007. Rapanos v. United States: “Waters of the United States” Under the Clean Water Act (2003). Drake Journal of Agricultural Law, Volume 12, Number 3.
Environmental Laboratory: US Army Corps of Engineers (Corps). 1987. Corps of Engineers Wetlands Delineation Manual.
Environmental Protection Agency (EPA). 1972. Summary of the Clean Water (CWA) Act33 U.S.C. §1251 et seq. (1972). EPA Laws and Regulations.
Evens, J., Page, G.W., Laymon, S.A. and R.W. Stallcup. 1991. Distribution, Relative Abundance and Status of the California Black Rail in Western North America. The Condor 93(4) 952 November 1991.
Jennings, M.R.; Hayes, M.P. Amphibian and Reptile Species of Special Concern in California. 1994. Inland Fisheries Division, California Department of Fish and Game.
Rancho Cordova, California.
Jepson Herbarium, The. (Jespson eFlora). 2022. The Jepson Herbarium, University of California, Berkeley. Berkeley, California.
Legislative Counsel of California (LCC). 2004. Senate Bill 1334- Oak Woodlands Conservation Act. Official California Legislative Information. California.
Legislative Counsel of California (LCC). 2013. California Law: California fish and Game Code. Official California Legislative Information. California.
Mayer, K. E. and William F. Laudenslayer, Jr. 1988. A Guide to Wildlife Habitats of California. State of California, Resources Agency, Department of Fish and Game Sacramento, CA. 166 pp.
Natural Resources Conservation Service. 2022. Weather for City of Colfax, California.
Sawyer, J.O., Keeler-Wolf, T., Evans, J.M. 2009. A Manual of California Vegetation, Second Edition. California Native Plant Society.
Shuford, W. D., and T. Gardali, editors. 2008. California bird species of special concern: a ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.
Item 6A 137
Whitcomb Avenue Storage Project Biological Resources Assessment August 2022 7-3
Spautz, H., Nur, N., Stralberg, D. 2005. California Black Rail (Laterallus jamaicensis coturniculus): Distribution and Abundance in Relation to Habitat and Landscape Features in the San Francisco Bay Estuary. USDA Forest Service General Technical Report: PSW-GTR-191.
United States Department of Agriculture (USDA). 2022. National Resources Conservation District (NRCS) - Web Soil Survey.
United States Army Corps of Engineers (Corps). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). U. S. Army Corps of Engineers – Engineer Research and Development Center. May 2010.
United States Fish and Wildlife Service (USFWS). 1918. Migratory Bird Treaty Act of 1918. 1918.
United States Fish and Wildlife Service (USFWS). 1940. The Bald and Golden Eagle Protection Act.
United States Fish and Wildlife Service (USFWS). 1973. Endangered Species Act.
United States Fish and Wildlife Service (USFWS). 1996. Determination of Endangered Status for Four Plants and Threatened Status for One Plant From the Central Sierran Foothills of California. U.S. Fish & Wildlife Federal Register. October 18, 1996.
United States Fish and Wildlife Service (USFWS). 2022. Federal Endangered and Threatened Species Information for Planning and Consultation (IPaC) for the Project area and Nevada County. Sacramento Fish and Wildlife Service.
United States Fish and Wildlife Service (USFWS). 2022. National Wetland Inventory.
Item 6A 138
Appendix A
Project Overview Area Figure
Item 6A 139
6/27/22, 2:42 PM https://common1.mptsweb.com/mbap/placer/asr/AsrPrint/100230061000 https://common1.mptsweb.com/mbap/placer/asr/AsrPrint/100230061000 1/2 Property Information
Assessor Parcel Number(APN) 100-230-061-000
Assessment Number 100-230-061-000
Tax Rate Area(TRA) 002000
Current Document Number 2005R0054076
Current Document Date 4/29/2005
SitusAddr
Property Type VACANT INDUSTRIAL
Lot Size(Acres) 2.56
Lot Size(SqFt) 111406.00
Asmt Description 2.56 AC PAR B, POR PAR C & D PMOR 19 71 Asmt Status ACTIVE
Roll Values
Land $547,280.00
Structural Imprv $0.00
Fixtures Real Property $0.00
Growing Imprv. $0.00
Total land & Improvemnets $547,280.00
Fixtures Personal Property $0.00
Personal Property $0.00
Manufactured Homes $0.00
Homeowners Exemption(HOX) $0.00
Other Exemptions $0.00
Net Assessed Value $547,280.00
Building Description
Building Seq. Number
Unit Seq. Number 0
PRINT
Placer County Assessor
California
Item 6A 140
6/27/22, 2:42 PM https://common1.mptsweb.com/mbap/placer/asr/AsrPrint/100230061000 https://common1.mptsweb.com/mbap/placer/asr/AsrPrint/100230061000 2/2 Building Code
Current Doc Num 2005R0054076
Building Square Footage
Number of units
Building Type
Garage Size 0.00
UnFinished Square Footage
Year Built
Bedrooms
Full Baths
Half Baths
FirePlaces
Pools
Matthew R. Maynard
Assessor
2980 Richardson Dr Auburn, CA, 95603
530-889-4300
[email protected]
Copyright © 2021 Megabyte Licensing Corporation. All Rights Reserved.
Item 6A 141
Appendix B
Site Plan
Item 6A 142
Appendix C
USDA Soils Map
Item 6A 143
Soil Map—Placer County, California, Western Part
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
8/11/2022