Agenda — Colfax City Council, August 23, 2023

Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

August 23, 2023
City Council Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Trinity Burruss ⋅ Mayor Pro Tem Kim Douglass
Councilmembers Caroline McCully ⋅ Larry Hillberg ⋅ Sean Lomen

REGULAR MEETING AGENDA
August 23, 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/89408688931
Dial in by calling one of the numbers listed below and enter the Webinar ID:
894 0868 8931
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.
1E. Conference with legal counsel – existing litigation pursuant to Government Code Section 54956.9(d)(1): People of the State of California, ex rel Alfred Cabral, City Attorney of the City of Colfax, a Municipal Corporation vs Snapdragon Provisions et al, Placer County Superior Court Case Number SCV0050502
1F. (a) Conference with legal counsel – existing litigation pursuant to Government Code Section 54956.9(d)(1): ColfaxNet vs City of Colfax, United States District Court for the Eastern District of California Case Number 2:19-cv-02167-WBS-CKD. (b) Conference with legal counsel – anticipated litigation. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case. 1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

August 23, 2023
2 OPEN SESSION
2A. Call Open Session to Order
2B. Report from Closed Session
2C. Pledge of Allegiance
2D. Roll Call
2E. Approval of Agenda Order
Thisisthe time for changesto the agenda to be considered including removal, postponement, or change to the agenda sequence.

Recommended Action: By motion, accept the agenda as presented or amended. 2F. Statement of Conflict of Interest
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. Minutes (Pages 5-9)
Recommendation: By Motion, approve the Colfax City Council minutes of 7/26/2023. 3B. Cash Summary – June 2023 (Pages 10-16)
Recommendation: Accept and File.
3C. Cash Summary – July 2023 (Pages 17-24)
Recommendation: Accept and File.
3D. Quarterly Investment Report – Quarter ended June 30, 2023 (Pages 25-33) Recommendation: Accept and File.
3E. Use of CA Uniform Public Construction Cost Accounting Act for Procurement (Pages 34-47) Recommendation: Adopt Resolution 31-2023 authorizing the City to use the California Uniform Public Construction Cost Account Act for Procurement by the City. 3F. Rainbow Music Lease Extension (Page 48)
Recommendation: Authorize a 60-day lease extension with Rainbow Music for 99 Railroad Street Suite 4 to allow for the completion of window replacements. *** 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 (None)
2 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.

August 23, 2023
6 PUBLIC HEARING
6A. Introduction and first reading of an ordinance of the City of Colfax amending Colfax Municipal Code Section 5.32.080 to allow the retail sale of adult use cannabis and cannabis products. (Pages 49-53)
Recommendation: Introduce proposed Ordinance 552 by title only, conduct a public hearing, waive the first reading, and continue for a second reading and possible adoption at the September 13, 2023, regular meeting.
7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should not exceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.
8 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8A. Committee Reports and Colfax InformationalItems – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS
9A. Draft Accessory Dwelling Unit Regulations and Zoning Code Clean Up. (Pages 54-82) Recommendation: Provide direction on the preparation of a draft ordinance for dwelling unit regulations.
9B. Colfax Railroad Days (Pages 83-84)
Recommendation: Discuss and consider Colfax Railroad Days Inc’s request of $2,500 to fund the Colfax Railroad Days general event costs.

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.

August 23, 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. 9C. Expansion and Name Change of the ISO Ad Hoc Committee to the Emergency Services Ad Hoc Committee (Page 85)
Recommendation: To expand the ISO Ad Hoc Committee to not only include oversight of insurance obligations, but to also oversee the contractual obligations with the Placer County Sheriff’s Office and Placer County Fire Department/CALFIRE for providing law enforcement and fire and emergency medical services for the City of Colfax.
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.
10A. Public Comment on Good of the Order
Members of the public are permitted to address the Council on matters that relate to general welfare of the City that have not been previously discussed on this agenda. Oral comments may not exceed five (5) minutes. Written comments should not exceed 800 words.
11 ADJOURNMENT
4 Minutes 7/26/2023
City Council Minutes
Regular Meeting of Colfax City Council
Wednesday, July 26, 2023
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 CLOSED SESSION
1A. Call Closed Session to Order - Mayor Burruss called the meeting to order at 6:05 pm 1B. Roll Call

Present: Councilmember Lomen, Mayor Pro Tem Douglass, Councilmember Hillberg, Councilmember McCully and Mayor Burruss
1C. Public Comment (On Closed Session Item) No public comment. 1D. Public Employment Pursuant to Government Code Section 54957. Position to be Filled: City Manager.
1E. Conference with legal counsel – existing pursuant to Government Code Section 54956.9(d)(1):

People of the State of California, ex rel Alfred Cabral, City Attorney of the City of Colfax, a Municipal Corporation vs Snapdragon Provisions et al, Placer County Superior Court Case Number SCV0050502
2 OPEN SESSION
2A. CallOpen Session to Order –Mayor Burruss called the Open Session to order at 6:38 pm. 2B. Report from Closed Session – Mayor Burruss stated there were no reportable actions, and that the City was still in negotiations with Snapdragon Provisions. 2C. Pledge of Allegiance
2D. Roll Call

Present: Councilmember Lomen, Mayor Pro Tem Douglass, Councilmember Hillberg, Councilmember McCully and Mayor Burruss.
2E. Approval of Agenda Order
MOTION made by Councilmember Lomen and seconded by Councilmember McCully, and approved by the following vote:

AYES: Lomen, Douglass, Hillberg, McCully, Burruss
NOES:

ABSTAIN:

ABSENT:

CONSENT CALENDAR
3A. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 06/28/2023. 3B. Minutes
Recommendation: By Motion, approve the Colfax City Council minutes of 7/12/2023. 3C. Reimbursement Agreement with PCWA – I&I Mitigation Project (Pages 12-29) Recommendation: Adopt Resolution 29-2023 authorizing the City Manager to execute a Consulting Services Agreement for $11,500 with a contingency of $11,500 with GEOCON Consulting for geotechnical services to support construction of the I&I Mitigation Project and the Item 3A
5 Minutes 7/26/2023
Algae Reduction Project.
3D. Reimbursement Agreement with PCWA – I&I Mitigation Project Recommendation: Adopt Resolution 30-2023 authorizing the City Manager to execute an agreement with Placer County Water Agency for reimbursement of water mains constructed with the I&I Mitigation Project.
3E. Rainbow Music Lease Extension
Recommendation: Authorize a 60-day lease extension with Rainbow Music for 99 Railroad Street Suite 4 to allow for the completion of window replacements. ***End of Consent Calendar***
Item 3F pulled by Mayor Burruss.

MOTION made to approve the consent calendar with the exception of Item 3F, by Councilmember Lomen and seconded by Councilmember Douglass, and approved by the following vote:

AYES: Lomen, Douglass, Hillberg, McCully, Burruss
NOES:

ABSTAIN:

ABSENT:

Mayor Burruss recused herself from Item 3F due to her employment with PG&E 3F. SB1383 Compliance – Greenleaf/Desert View Power LLC Recommendation: Authorize the City Manager to execute an agreement with Greenleaf/Desert View Power LLC for the purchase and sale of certain biomass electricity compliance attributes to satisfy the City’s “Procurement of Recycled Organic Products by Local Jurisdictions” requirement of SB1383.

Interim City Manager Mike Luken provided an overview of the project and agreement.

MOTION made to approve by Councilmember Lomen and seconded by Councilmember Douglass, and approved by the following vote:

AYES: Lomen, Douglass, Hillberg, McCully
NOES:

ABSTAIN: Burruss
ABSENT:
4 AGENCY REPORTS
4A. Placer County Sheriff’s Office – Sergeant Kevin Griffiths, the Station Commander of the Colfax Substation said his team was focusing on enforcing the stop sign at the crosswalk on Rising Sun. 4B. CHP – Public Information Officer Jason Lyman provided July statistics and explained that officers were enforcing the truck Break-Check Stations at Nyack. 4C. Placer County Fire/CALFIRE – Placer County Fire/CALFIRE Assistant Chief Bob Counts gave statistics for the year and provided comparisons from last year and stated that fuels were rapidly drying up. He explained that in the last week, the department practiced unified command training, and provided fast response times to a swift water medical rescue. 4D. Non-Profits
Andrea Harrison along with the Green Machine Board spoke and presented their organization’s finances and provided an overview of events they have facilitated and supported within the City.

They explained that the monthly BINGO, annual Crabfeed and Trunk-Or-Treat events would still be held, but they would not be able to coordinate the 3rd of July event in future years.

Mayor Burruss called a 5-minute recess.

Nancy Hagman Vice President of the Cemetery District and Historical Society spoke about cameras at the Depot and City website updates.

Item 3A
6 Minutes 7/26/2023
5 PRESENTATION (None)
6 PUBLIC HEARING (None)
7 PUBLIC COMMENT
Resident Diane Greene promoted the Auburn Interfaith Food Program and (530) 885-1921 , and promoted a local non-profit, Kat’s Animal Rescue and Sanctuary anti-bullying campaign (209) 556- 2168
8 COUNCIL AND STAFF
8A.Committee Reports and Colfax Informational Items – All Councilmembers Councilmember Lomen attended a Pioneer Energy Committee Board Meeting and they were working on a public outreach campaign. Information was shared that the CPUC was working on implementing an income-based fixed charge for investor-based utilities. He also added that the Placer Sierra Fire Safe Council meeting was tomorrow night. Councilmember Douglass attended a Placer County Economic Development Meeting where a pilot program that incentivized owners of vacant homes to rent to the local workforce was introduced. Councilmember Hillberg attended a WACMAC meeting where a Master plan for Placer County through 2050 was discussed. Fire mitigation at Bear River was also brought up. Councilmember Hillberg praised the volunteers that helped clean the streets on the July 3rd event. He stated there was an infusion of energy in the Sierra Vista Community Center and to look for things coming forward.

Councilmember McCully said that she would be meeting soon on the Skate Park Ad Hoc Committee. 8B.City Operations Update – Interim City Manager Mike Luken explained that staff was working on a date for training with William Jessup University for the 14th of August. The agenda would consist of governance, budget and Brown Act training. The hours for the splash pad would be expanded from 8am to 9:30 pm for the rest of the summer and the public works crew was working hard to keep things running and clean, there would probably be an increased water and electricity charge. He also added that there was a debriefing for the 3rd of July with staff last week. He provided an update on the CDBG project and explained that staff would be submitting the draft design documents next week. He also received an early draft of the sewer rate study, and is hoping to bring it forward to Council for a workshop in the Fall. Interim City Manager Luken also discussed new rules brought forward by the Fair Political Practices Commission (FPPC) on conducting meetings and the recusal of Councilmembers when there is a financial interest. City Attorney Cabral also provided a brief overview of the new rules.

A member of the public stated they were grateful that the splash pad is open later. Mayor Burruss also clarified that the splash pad is intended to close at dusk. 9 COUNCIL BUSINESS
9A. Creation of Ad Hoc Committees:

A. Revitalization of Historic Downtown Colfax
B. Shady Glen Sewer Integration Project
Recommendation: Establish two (2) Ad Hoc Committees and appoint two councilmembers for each committee for the Revitalization of Historic Downtown Colfax and for the Shady Glen Sewer Integration Project.

Interim City Manager Mike Luken presented the Revitalization of Historic Downtown Colfax Ad Hoc Committee.

Councilmembers Lomen and Hillberg were selected to be on the Revitalization of Historic Downtown Colfax Committee.

Interim City Manager Luken also presented an overview of the need for the Shady Glen Sewer Integration Project Ad Hoc Committee.

Mayor Burruss and Councilmember McCully were selected to be on the Shady Glen Sewer Integration Project Ad Hoc Committee.

Public Comment provided by Diane Greene regarding the costs of the project and impact to Shady Glen residents. Mayor Burruss explained that the Water Board triggered the discussions. Travis Berry provided public comment regarding Shady Glen meeting the State’s requirements.

Item 3A
7 Minutes 7/26/2023
Mayor Burruss explained that Council’s goal is to get the sewer rate fees in shape and that discussions regarding low-income programs would be forthcoming.

MOTION made by Councilmember Lomen and seconded by Councilmember McCully, and approved by the following vote:

AYES: Lomen, Douglass, Hillberg, McCully, Burruss
NOES:

ABSTAIN:

ABSENT:

Discussion on the following item will be limited so that every member of the public will be permitted to address the Council. Please make your comments as succinct as possible. Oral comments may not exceed one (1) minute per speaker.

Written comments should not exceed 150 words. Written comments received before the close of the item may be read into the record, with a maximum allowance of one (1) minute in length. 9B. Review Colfax Municipal Code Chapter 5.32 (Commercial Cannabis Activity), consider potential changes, and provide direction to staff.

City Attorney Mick Cabral provided a brief history and description of the item. Nick Dion and Tim Dion represented the Golden State Patient Care (GSPC) and provided a presentation as proponents for the ordinance change and requested obtaining an adult-use cannabis license. Lieutenant Renegar represented the Placer County Sheriff’s Office and explained PCSO’s opposition to the presence of marijuana dispensaries in the County. She also passed out a letter to the City in opposition that was signed by the Placer County District Attorney, Morgan Gire. Officer Eric Stayer with the California Highway Patrol also expressed opposition.

Jim Dion, Andy Cave, Jacob Carlson, Wendy Dion, Jane Gallagher, Sean Burns, Travis Berry, Deborah Frankel, David Cervantes Christine McNaab supported adult use licensing.

Deputy Kevin Griffiths, Diane Greene, Deborah Frankel spoke in opposition of adult use licensing.

Officer Eric Stayer with the California Highway Patrol explained the grant funded training and testing processes that are used for courses that are provided for Field Sobriety testing and accident statistics.

The City also received 18 emails all in favor of allowing recreational use. 8 mentioned increased City tax revenues, 3 mentioned increased access to medicine, 4 mentioned safety of products, 1 mentioned the environmental impact of driving further and 3 mentioned the Dions as upstanding community members. Council discussed the item and directed staff to add a modification to the current cannabis ordinance to add adult use licensing as a pilot program for 12 months.

MOTION made by Councilmember McCully and seconded by Councilmember Hillberg, AYES: Hillberg, McCully, Burruss
NOES: Lomen, Douglass
ABSTAIN:

ABSENT:
10 GOOD OF THE ORDER
Councilmember Lomen proposed to change ISO Ad Hoc to the Emergency Service Committee to encompass insurance company also contractual obligations with Placer County Sheriff Department and CALFIRE. Mayor Pro Tem Douglass explained that Railroad Days is coming up in a month and a half.

Councilmember Hillberg asked if the City has a specific relationship with the Chamber of Commerce and expressed interest in getting involved. Interim City Manager Mike Luken said he had an upcoming meeting with the Chamber on Friday that Councilmember Hillberg could attend. Councilmember McCully asked about how to fill open restaurant signage.

In closing remarks, a resident stated she believed in freedom and questioned being the first community in Placer County to legalize adult-use cannabis and thanked law enforcement. Fentanyl testing Councilmember Lomen also expressed thanks to the Placer County Sheriff’s Office for limiting the amount of impact of drug use in the community and Mayor Burruss added that the fentanyl programs have been phenomenal. Donna Dion stated that Herbal Alternatives provides free fentanyl test strips and Narcan to the community.

Item 3A
8 Minutes 7/26/2023
.
11 ADJOURNMENT
As there was no further business on the agenda, Mayor Burruss adjourned the meeting, by motion and without objection at 9:29 pm. Respectfully submitted to City Council this 23rd day of August, 2023.

Marguerite Bailey, City Clerk
Item 3A
9 City of Colfax Cash Summary – June 2023
Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Cash Summary – June 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 June 2023. Some monthly highlights are listed below:
 June revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of April 2023 (twomonth lag). o Final allocation from PCTPA for Fiscal Year 2022-2023 LTF/STA funding  June expenditures included:
o Approved capital project expenditures – expenditures on WWTP Construction Grant and other grant funded projects.
o Quarterly payment for Sheriff Services.
o City litigation and legal expenses
 Negative cash fund balances at the end of June 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 and transfers will be recorded with final fiscal year accounting process.
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 3B10
City of Colfax Cash Summary – June 2023
Staff Report August 23, 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 are submitted on a quarterly basis.
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 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. Next request anticipated to be submitted before end of July.
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 July include:
o Revenues
 Allocation for Sales Tax revenues reported/paid to the State for the month of May 2023 (two-month lag).
o Expenditures
 Approved capital project expenditures.

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 3B11
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 $3,911 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 - June 2023
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2022-23 >>
Item 3B12
Item 3B
13 Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 3,876,888.43 $ 181,652.31 $ (331,791.71) $ 3,726,749.03 Fund: 120 - Land Development Fees $ 182,757.55 $ - $ (695.94) $ 182,061.61 Fund: 200 - Cannabis Application $ 7,424.99 $ - $ (5,592.63) $ 1,832.36 Fund Type: 1.11 - General Fund - Unassigned $ 4,067,070.97 $ 181,652.31 $ (338,080.28) $ 3,910,643.00 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 811,805.86 $ $ - $ (6,815.06) $ 804,990.80 Fund Type: 1.14 - General Fund - Restricted $ 874,860.12 $ - $ (6,815.06) $ 868,045.06 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 $ 25,000.00 $ - $ (25,000.00) $ - Fund: 244 - CDBG Program Inc - ME Lending $ 2,508.56 $ 500.00 $ (3,008.56) $ - Fund: 250 - Streets - Roads/Transportation $ (210,765.25) $ 80,155.00 $ (17,547.72) $ (148,157.97) Fund: 253 - Gas Taxes $ 65,436.63 $ 5,030.03 $ (5,578.56) $ 64,888.10 Fund: 257 - Street /Road - Transit Capital $ 47,904.50 $ - $ - $ 47,904.50 Fund: 258 - Road Maintenance - SB1/RSTBG $ 205,662.24 $ 4,138.73 $ - $ 209,800.97 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 $ 78,167.22 $ - $ - $ 78,167.22 Fund: 343 - Recreation Construction $ 78,167.70 $ - $ - $ 78,167.70 Fund: 367 - SB2 - Planning Grant $ (49,286.33) $ - $ (4,434.10) $ (53,720.43) Fund: 376 - Downtown Streetscape $ (10,375.57) $ - $ (4,928.88) $ (15,304.45) Fund: 378 - Zoning Code Update $ (36.05) $ - $ (1,373.90) $ (1,409.95) Fund Type: 1.24 - Special Rev Funds - Restricted$ 961,350.53 $ 89,823.76 $ (61,871.72) $ 989,302.57 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 $ 1,777,374.15 $ 140,381.09 $ (107,093.17) $ 1,810,662.07 Fund: 561 - Sewer Liftstations $ 699,724.61 $ 21,041.30 $ (18,951.32) $ 701,814.59 Fund: 563 - Wastewater Treatment Plant $ 1,036,651.89 $ 60,122.61 $ 1,096,774.50 - $ Fund: 564 - Sewer Connections $ 321,774.88 $ - $ - $ 321,774.88 Fund: 575 - WWTP Construction Grant $ (139,784.38) $ - $ (8,420.00) $ (148,204.38) Fund: 577 - Capital Projects $ (3,191.25) $ - $ - $ (3,191.25) Fund: 585 - LS #5 Force Main Repairs $ - $ - $ - $ -
Fund Type: 2.11 - Enterprise Funds - Unassigned$ 3,692,549.90 $ 221,545.00 $ (134,464.49) $ 3,779,630.41 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 4,123.28 $ 361.54 $ - $ 4,484.82 Fund Type: 9.0 - CLEARING ACCOUNT $ 4,123.28 $ 361.54 $ - $ 4,484.82 Grand Totals: $ 9,501,164.21 $ 493,382.61 $ (541,231.55) $ 9,453,315.27 City of Colfax
Cash Transactions Report - June 2023
Item 3B14

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
Checks June 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 3:39 pm
Date: 07/21/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59473 06/06/23 Reconciled 06/30/23 03141 CALPERS HEALTH PREMIUMS JUNE 2023 15,525.00 59474 06/07/23 Reconciled 06/30/23 1161 49ER WATER SERVICES WWTP LAB TESTING MAR 2023 3,368.00 59475 06/07/23 Reconciled 06/30/23 01424 ALL PRO BACKFLOW CITY HALL BACKFLOW RPR 199.89 59476 06/07/23 Reconciled 06/30/23 4591 ASHLYNN SMITH CITY HALL/DEPOT CLEANING 225.00 59477 06/07/23 Reconciled 06/30/23 03450 CITY OF LINCOLN PCCOA DINNER 200.00 59478 06/07/23 Reconciled 06/30/23 3468 CIVICWELL DOWNTOWN STREETSCAPE APR 4,928.88 2023
59479 06/07/23 Reconciled 06/30/23 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE JUNE 2023 472.79 EDWARDS HEATING & 298.46

COOLING
59480 06/07/23 Reconciled 06/30/23 05120 SHERIFF HVAC RPR FLYING SQUIRREL TREE 4,250.00
CARE
59481 06/07/23 Reconciled 06/30/23 6426 TREE REMOVAL SUNSET AVE FRONTIER 243.47

COMMUNICATIONS
59482 06/07/23 Reconciled 06/30/23 06278 WWTP PHONE
GOLD MOUNTAIN 264.98

CALIFORNIA
59483 06/07/23 Reconciled 06/30/23 07460 PUBLIC HEARING NOTICE - STORAG 59484 06/07/23 Reconciled 06/30/23 07570 GRAINGER WWTP HARD HAT 230.33 59485 06/07/23 Reconciled 06/30/23 08170 HILLS FLAT LUMBER CO SUPPLIES 668.88 HOME DEPOT CREDIT 518.18

SERVICES
59486 06/07/23 Reconciled 06/30/23 08501 SUPPLIES
59487 06/07/23 Reconciled 06/30/23 08660 HUNT AND SONS, INC. FUEL 708.48 59488 06/07/23 Reconciled 06/30/23 8661 HYDROCOMPLIANCE MONTHLY QSP MAY 2023 1,800.00 59489 06/07/23 Reconciled 06/30/23 09455 INLAND BUSINESS SYSTEMS COPY MACH LEASE Q4 22/23 5.63 59490 06/07/23 Reconciled 06/30/23 09540 INTERSTATE SALES CRACKSEAL LANDFILL 299.23 59491 06/07/23 Reconciled 06/30/23 11130 KRUGER, INC. WWTP SUPPLIES 70.07 LAWRENCE & ASSOCIATES 144.85
INC
59492 06/07/23 Reconciled 06/30/23 12180 LANDFILL MONITORING APR 2023 LIEBERT CASSIDY 2,320.00

WHITMORE
59493 06/07/23 Reconciled 06/30/23 12209 CONSORTIUM
LIEBERT CASSIDY 4,029.78

WHITMORE
59494 06/07/23 Reconciled 06/30/23 12209 HR LEGAL MATTER LIEBERT CASSIDY 1,650.00

WHITMORE
59495 06/07/23 Reconciled 06/30/23 12209 HR LEGAL MATTER 59496 06/07/23 Reconciled 06/30/23 18400 NAPA AUTO PARTS SUPPLIES 81.45 PELLETREAU, ALDERSON & 13,868.96
CABRAL
59497 06/07/23 Reconciled 06/30/23 16011(2) LEGAL SVCS MAY 2023 PLACER COUNTY SHERIFF 218,362.00
DEPT.
59498 06/07/23 Reconciled 06/30/23 16200 Q4 FY 22/23 SHERIFF CONTRACT 59499 06/07/23 Reconciled 06/30/23 16821 PSOMAS WWTP CONST INSPECTOR APR 23 4,220.00 59500 06/07/23 Reconciled 06/30/23 19037 SAFE SIDE SECURITY CORP YARD SECURITY JUNE 2023 155.00 59501 06/07/23 Reconciled 06/30/23 19037 SAFE SIDE SECURITY WWTP SECURITY JUNE 2023 95.00 SECURE RECORD 75.00

MANAGEMENT
59502 06/07/23 Reconciled 06/30/23 19193 SHREDDING SVCS Q3 FY 22/23 59503 06/07/23 Reconciled 06/30/23 19396 SIERRA SAFETY COMPANY SIGNAGE 67.84 59504 06/07/23 Printed 19743 WILLIAM STOCKWIN JUNE 2023 COLFAX CONN EDITING 300.00 US BANK CORPORATE PMT 2,637.03
SYSTEM
59505 06/07/23 Reconciled 06/30/23 21560 SUPPLIES
59506 06/07/23 Reconciled 06/30/23 21500 USA BLUE BOOK, INC LAB SUPPLIES 483.37 59507 06/07/23 Reconciled 06/30/23 22134 VISION QUEST TECH SUPPORTJULY 2023 3,800.00 59508 06/07/23 Reconciled 06/30/23 22134 VISION QUEST TECH SUPPLIES MAY 2023 366.64 59509 06/07/23 Reconciled 06/30/23 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 59510 06/07/23 Reconciled 06/30/23 18883 WAXIE SANITARY SUPPLY TRASH BAGS 255.60 ALHAMBRA & SIERRA 132.40

SPRINGS
59511 06/20/23 Reconciled 06/30/23 01414 WATER
AQUA SIERRA CONTROLS 3,280.00
INC.
59512 06/20/23 Reconciled 06/30/23 01650 LIFT PUMP RPR
59513 06/20/23 Reconciled 06/30/23 4591 ASHLYNN SMITH DEPOT/CITY HALL CLEANING 225.00 59514 06/20/23 Reconciled 06/30/23 01766 AT&T MOBILITY CITY CELL PHONES 836.30 59515 06/20/23 Printed 30032 AUBURN ELECTRIC LED STREET LIGHTS MAIN ST 4,200.00 59516 06/20/23 Reconciled 06/30/23 8062 CATHERINE HANSFORD RATE STUDY CONSULTANT MAY 2023 2,095.00 59517 06/20/23 Reconciled 06/30/23 03401 CHOICE BUILDER PREMIUMS JULY 2023 615.60 59518 06/20/23 Reconciled 06/30/23 3425 CINTAS UNIFORM SVCS MAY 2023 297.22 Item 3B15

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
Checks June 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 3:39 pm
Date: 07/21/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59519 06/20/23 Reconciled 06/30/23 3475 CLARK PEST CONTROL PEST CONTROL JUNE 2023 508.00 CLEAR PATH LAND 2,400.00

EVOLVEMENT,
59520 06/20/23 Reconciled 06/30/23 03482 ADDITIONAL I&I EASEMENTS 59521 06/20/23 Reconciled 06/30/23 3494 COLANTUONO, HIGHSMITH & LEGAL MATTER MAY 2023 24,918.20 59522 06/20/23 Reconciled 06/30/23 03502 COLFAX AREA CHAMBER OF WINTERFEST DEPOSIT REFUND 100.00 59523 06/20/23 Printed 03511 COLFAX GARDEN CLUB SPRING PLANT SALE DEPOSIT REF 100.00 COLFAX JR FALCONS 100.00

FOOTBALL
59524 06/20/23 Printed 03516 EVENT DEPOSIT REFUND
EOSI - ENVIRONMENT 14,662.15

OPERATING
59525 06/20/23 Reconciled 06/30/23 05221 WWTP CHEMICALS 59526 06/20/23 Reconciled 06/30/23 07570 GRAINGER WWTP LAB SUPPLIES 75.94 59527 06/20/23 Reconciled 06/30/23 07570 GRAINGER WWTP SUPPLIES 164.64 59528 06/20/23 Reconciled 06/30/23 08050 HACH COMPANY WWTP SUPPLIES 3,252.00 HILL BROTHERS CHEMICAL 7,104.24
CO.
59529 06/20/23 Reconciled 06/30/23 08159 WWTP CHEMICALS 59530 06/20/23 Reconciled 06/30/23 1674 JACKLYN ARRIGHINI EVENT DEPOSIT REFUND 100.00 59531 06/20/23 Reconciled 06/30/23 11130 KRUGER, INC. WWTP MOTOR 3,632.05 59532 06/20/23 Reconciled 06/30/23 23101 LARRY WALKER ASSOCIATES NPDES PERMIT ASS MAY 2023 5,801.50 LIEBERT CASSIDY 90.50

WHITMORE
59533 06/20/23 Reconciled 06/30/23 12209 HR LEGAL MATTER LIEBERT CASSIDY 327.00

WHITMORE
59534 06/20/23 Reconciled 06/30/23 12209 HR LEGAL MATTER LIEBERT CASSIDY 212.50

WHITMORE
59535 06/20/23 Reconciled 06/30/23 12209 HR LEGAL MATTER LIEBERT CASSIDY 7,188.00

WHITMORE
59536 06/20/23 Reconciled 06/30/23 12209 HR LEGAL MATTER NORTHERN CALIFORNIA 147.17
GLOVE
59537 06/20/23 Reconciled 06/30/23 14356 CHAPS
NORTHERN CALIFORNIA 408.20
GLOVE
59538 06/20/23 Reconciled 06/30/23 14356 PW SUPPLIES
NORTHERN CALIFORNIA 80.94
GLOVE
59539 06/20/23 Reconciled 06/30/23 14356 PW GLOVES
59540 06/20/23 Reconciled 06/30/23 20092 PAMELA BIERY-WINKS PUBLIC OUTREACH CONSULTANT 600.00 59541 06/20/23 Reconciled 06/30/23 16035 PG&E ELECTRICITY 17,905.13 59542 06/20/23 Reconciled 06/30/23 16040A PITNEY BOWES POSTAGE MACH LEASE Q4 FY 22/23 167.84 59543 06/20/23 Reconciled 06/30/23 16052 PLACEWORKS GEN PLAN/HOUSING ELEM MAY 2023 3,617.18 59544 06/20/23 Printed 16040 PURCHASE POWER POSTAGE REFILL 1,008.50 59545 06/20/23 Reconciled 06/30/23 19065 SCI CONSULTING GROUP CANNABIS REVIEW 5,592.63 SIERRA FOOTHILLS LITTLE 100.00
LEAGUE
59546 06/20/23 Printed 19387(2) PRACTICE DEPOSIT REFUND 59547 06/20/23 Reconciled 06/30/23 01790 SIERRA OFFICE PRODUCTS SUPPLIES 179.06 59548 06/20/23 Reconciled 06/30/23 19396 SIERRA SAFETY COMPANY ROUNDABOUT DELINEATORS 612.34 59549 06/20/23 Printed 19522 SPAID FOR SCHOOL BOARD POLITICAL SIGN DEPOSIT REFUND 50.00 59550 06/20/23 Reconciled 06/30/23 21452 EMMANUEL URSU PLANNING SVCS APR 2023 8,243.42 59551 06/20/23 Printed 21500 USA BLUE BOOK, INC WWTP LAB SUPPLIES 403.29 VAN GRONINGEN & 4,378.75

ASSOCIATES
59552 06/20/23 Reconciled 06/30/23 22106 FINANCIAL SVCS MAY 2023 59553 06/20/23 Reconciled 06/30/23 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONE 214.87 59554 06/20/23 Reconciled 06/30/23 23169 WAVE BUSINESS SOLUTIONS FIRE DEPT PHONE 37.13 59555 06/20/23 Reconciled 06/30/23 18883 WAXIE SANITARY SUPPLY PW SUPPLIES 194.08 59556 06/20/23 Reconciled 06/30/23 18883 WAXIE SANITARY SUPPLY WWTP TOWELS 98.20 59557 06/20/23 Reconciled 06/30/23 23301 WESTERN PLACER WASTE SLUDGE REMOVAL MAY 2023 1,804.37 59559 06/30/23 Printed 07591 COLFAX GREEN MACHINE 3RD OF JULY CONTRIBUTION 12,500.00 Total Checks: 86 Checks Total (excluding void checks): 427,969.90 Total Payments: 86 Bank Total (excluding void checks): 427,969.90 Total Payments: 86 Grand Total (excluding void checks): 427,969.90 Item 3B16
City of Colfax Cash Summary – July 2023
Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Cash Summary – July 2023
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

The attached reports reflect an overview of the financial transactions of the City of Colfax in July 2023. Some monthly highlights are listed below:
 July revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of May 2023 (twomonth lag).  July expenditures included:
o Approved capital project expenditures – expenditures on WWTP Construction Grant and other grant funded projects.
o Annual payment for liability and property insurance – quarterly payments for workers compensation insurance.
o Annual payment for CalPERS unfunded liability.
o City litigation and legal expenses
o Fire services for quarter ended June 30.
 Negative cash fund balances at the end of June 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 and transfers will be recorded with final fiscal year accounting process.
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 3C17
City of Colfax Cash Summary – July 2023
Staff Report August 23, 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 are submitted on a quarterly basis.
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.

Reimbursement requests 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.
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 August include:
o Revenues
 Allocation for Sales Tax revenues reported/paid to the State for the month of June 2023 (two-month lag).
o Expenditures
 Approved capital project expenditures.

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 3C18
Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2023-24 $3,911 $3,903
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 $3,911 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 *Reserves (Ops, Cap, Pen) $1,095 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 $1,145 Budget FY2023-24 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $3,911 $-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
City of Colfax - July 2023
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2023-24 >>
Item 3C19
Item 3C
20 Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 3,726,749.03 $ 239,531.45 $ (248,663.66) $ 3,717,616.82 Fund: 120 - Land Development Fees $ 182,061.61 $ 3,000.00 $ (8,942.78) $ 176,118.83 Fund: 200 - Cannabis Application $ 1,832.36 $ 8,091.00 $ (750.00) $ 9,173.36 Fund Type: 1.11 - General Fund - Unassigned $ 3,910,643.00 $ 250,622.45 $ (258,356.44) $ 3,902,909.01 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 $ 804,990.80 $ 30,599.37 $ (16,870.27) $ 818,719.90 Fund Type: 1.14 - General Fund - Restricted $ 868,045.06 $ 30,599.37 $ (16,870.27) $ 881,774.16 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 210 - Mitigation Fees - Roads $ 143,627.08 $ 1,084.29 $ - $ 144,711.37 Fund: 211 - Mitigation Fees - Drainage $ 5,489.55 $ 41.45 $ - $ 5,531.00 Fund: 212 - Mitigation Fees - Trails $ 76,260.85 $ 575.72 $ - $ 76,836.57 Fund: 213 - Mitigation Fees - Parks/Rec $ 195,301.03 $ 1,474.39 $ - $ 196,775.42 Fund: 214 - Mitigation Fees - City Bldgs $ 103,021.37 $ 777.75 $ - $ 103,799.12 Fund: 215 - Mitigation Fees - Vehicles $ 22,499.69 $ 169.86 $ - $ 22,669.55 Fund: 217 - Mitigation Fees - DT Parking $ 44,046.17 $ 332.52 $ - $ 44,378.69 Fund: 218 - Support Law Enforcement $ - $ - $ - $ -
Fund: 244 - CDBG Program Inc - ME Lending $ - $ - $ - $ - Fund: 250 - Streets - Roads/Transportation $ (148,157.97) $ - $ (62,548.84) $ (210,706.81) Fund: 253 - Gas Taxes $ 64,888.10 $ 4,940.92 $ (1,365.91) $ 68,463.11 Fund: 257 - Street /Road - Transit Capital $ 47,904.50 $ - $ - $ 47,904.50 Fund: 258 - Road Maintenance - SB1/RSTBG $ 209,800.97 $ 5,644.53 $ - $ 215,445.50 Fund: 270 - Beverage Container Recycling $ 19,438.99 $ 146.76 $ - $ 19,585.75 Fund: 280 - Oil Recycling $ 3,832.94 $ 28.94 $ - $ 3,861.88 Fund: 290 - SB1383 Implementation Grant $ 20,531.58 $ 155.00 $ - $ 20,686.58 Fund: 292 - Fire Department Capital Funds $ 94,917.63 $ 716.57 $ - $ 95,634.20 Fund: 342 - Fire Construction - Mitigation $ 78,167.22 $ 1,303.21 $ - $ 79,470.43 Fund: 343 - Recreation Construction $ 78,167.70 $ 1,303.21 $ - $ 79,470.91 Fund: 367 - SB2 - Planning Grant $ (53,720.43) $ - $ (23,110.47) $ (76,830.90) Fund: 376 - Downtown Streetscape $ (15,304.45) $ - $ (16,378.83) $ (31,683.28) Fund: 378 - Zoning Code Update $ (1,409.95) $ - $ (3,453.33) $ (4,863.28) Fund Type: 1.24 - Special Rev Funds - Restricted$ 989,302.57 $ 18,695.12 $ (106,857.38) $ 901,140.31 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 $ 1,810,662.07 $ 202,912.74 $ (284,755.60) $ 1,728,819.21 Fund: 561 - Sewer Liftstations $ 701,814.59 $ 27,173.73 $ (45,742.12) $ 683,246.20 Fund: 563 - Wastewater Treatment Plant $ 1,096,774.50 $ 75,617.61 $ - $ 1,172,392.11 Fund: 564 - Sewer Connections $ 321,774.88 $ - $ - $ 321,774.88 Fund: 575 - WWTP Construction Grant $ (148,204.38) $ - $ (18,650.25) $ (166,854.63) Fund: 577 - Capital Projects $ (3,191.25) $ - $ - $ (3,191.25) Fund: 590 - Sewer Consolidation Planning $ - $ - $ (1,490.00) $ (1,490.00) Fund Type: 2.11 - Enterprise Funds - Unassigned$ 3,779,630.41 $ 305,704.08 $ (350,637.97) $ 3,734,696.52 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 4,484.82 $ 207.70 $ - $ 4,692.52 Fund Type: 9.0 - CLEARING ACCOUNT $ 4,484.82 $ 207.70 $ - $ 4,692.52 Grand Totals: $ 9,453,315.27 $ 605,828.72 $ (732,722.06) $ 9,326,421.93 City of Colfax
Cash Transactions Report - July 2023
Item 3C21

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - July 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 11:24 am
Date: 08/14/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59558 07/06/23 Reconciled 07/31/23 03141 CALPERS HEALTH PREMIUMS JULY 2023 15,348.92 59560 07/05/23 Reconciled 07/31/23 1161 49ER WATER SERVICES LINER TESTING Q4 2023 5,952.00 ALLIANT INSURANCE 1,020.00

SERVICES,
59561 07/05/23 Reconciled 07/31/23 01413 AUTO POLICY FY 23/24 59562 07/05/23 Reconciled 07/31/23 4591 ASHLYNN SMITH DEPOT/CITY HALL CLEANING 225.00 59563 07/05/23 Reconciled 07/31/23 30032 AUBURN ELECTRIC ARBOR PARK ELECTRICAL WORK 995.00 59564 07/05/23 Printed 2847 BRADEN JOHNSON REFUND OF PERMIT OVERPAYMENT 407.14 BUREAU VERITAS NORTH 6,120.00

AMERICA
59565 07/05/23 Reconciled 07/31/23 02901 BLDG OFFICIAL MAY 2023 59566 07/05/23 Reconciled 07/31/23 3468 CIVICWELL DOWNTOWN STREETSCAPE MAY 16,378.83 2023
59567 07/05/23 Reconciled 07/31/23 03510 COLFAX GLASS RAILCAR WINDOW REPLACEMENT 145.85 CRANMER ENGINEERING, 4,400.00
INC.
59568 07/05/23 Reconciled 07/31/23 03650 LANDFILL MONITORING JUNE 2023 59569 07/05/23 Reconciled 07/31/23 04592 DACOMM WWTP INTERNET 103.45 59570 07/05/23 Reconciled 07/31/23 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE JULY 2023 472.79 59571 07/05/23 Reconciled 07/31/23 6203 FENNEMORE WENDEL LEGAL MATTER 680.00 FRONTIER 257.08

COMMUNICATIONS
59572 07/05/23 Reconciled 07/31/23 06278 WWTP PHONE
59573 07/05/23 Reconciled 07/31/23 07570 GRAINGER WWTP SUPPLIES 55.59 59574 07/05/23 Reconciled 07/31/23 07570 GRAINGER WWTP SUPPLIES 492.59 59575 07/05/23 Reconciled 07/31/23 07570 GRAINGER WWTP SUPPLIES 75.16 59576 07/05/23 Reconciled 07/31/23 08170 HILLS FLAT LUMBER CO STMT 6/25/23 2,007.21 HINDERLITER, DE LLAMAS & 607.01
ASSOC
59577 07/05/23 Reconciled 07/31/23 08200 Q4 FY 22/23 SALES TAX AUDIT 59578 07/05/23 Reconciled 07/31/23 08660 HUNT AND SONS, INC. FUEL 750.85 LIEBERT CASSIDY 449.44

WHITMORE
59579 07/05/23 Reconciled 07/31/23 12209 HR LEGAL MATTER MAY 2023 NORTHERN CALIFORNIA 366.65
GLOVE
59580 07/05/23 Reconciled 07/31/23 14356 WWTP GLOVES
59581 07/05/23 Reconciled 07/31/23 16300 PCWA -PLACER COUNTY WATER 1,743.43 59582 07/05/23 Reconciled 07/31/23 16751 PFADT, INC. BALLPARK ELECTRICAL RPR 125.00 SACRAMENTO AREA 794.00

COUNCIL OF
59583 07/05/23 Reconciled 07/31/23 18900 ANNUAL MEMBERSHIP 23/24 59584 07/05/23 Reconciled 07/31/23 19192 SECRETARY OF STATE CERTIFIED COPY FEE 6.00 59585 07/05/23 Reconciled 07/31/23 19575 SHANNA STAHL SCORE MEETING REIMBURSEMENT 179.47 59586 07/05/23 Void 08/07/23 19474 SIMPSON & SIMPSON CANYON WAY PAVING 0.00 59587 07/05/23 Reconciled 07/31/23 14989 SMARTCOVER SYSTEMS SMARTFLOW WARRANTY 4,044.00 59588 07/05/23 Reconciled 07/31/23 19743 WILLIAM STOCKWIN COLFAX CONNECTION EDITING JUL 300.00 59589 07/05/23 Reconciled 07/31/23 22135 VISTA COMPLETE CARE NEW HIRE PHYSICAL 170.00 59590 07/05/23 Reconciled 07/31/23 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 64.67 59591 07/05/23 Reconciled 07/31/23 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 59592 07/05/23 Reconciled 07/31/23 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 59593 07/05/23 Reconciled 07/31/23 18883 WAXIE SANITARY SUPPLY WWTP SUPPLIES 138.56 59594 07/05/23 Reconciled 07/31/23 23451 WOOD RODGERS SSMP UPDATE MAY 2023 3,640.00 59595 07/05/23 Reconciled 07/31/23 23451 WOOD RODGERS WWTP CONST GRANT MAY 2023 2,559.25 59596 07/06/23 Reconciled 07/31/23 03141 CALPERS UNFUNDED LIABILITY 11,259.00 ALHAMBRA & SIERRA 92.45

SPRINGS
59597 07/19/23 Reconciled 07/31/23 01414 WATER
ALLIANT INSURANCE 1,155.00

SERVICES,
59598 07/19/23 Reconciled 07/31/23 01413 CRIME POLICY RENEWAL FY 23/24 59599 07/19/23 Reconciled 07/31/23 4591 ASHLYNN SMITH DEPOT/CITY HALL CLEANING 225.00 59600 07/19/23 Reconciled 07/31/23 01766 AT&T MOBILITY CITY CELL PHONES 847.10 BUREAU VERITAS NORTH 6,480.00

AMERICA
59601 07/19/23 Reconciled 07/31/23 02901 BLDG OFFICIAL SVCS JUNE 2023 59602 07/19/23 Reconciled 07/31/23 03121 CALIFORNIA BUILDING Q4 22/23 GREEN FEES 36.00 59603 07/19/23 Printed 8062 CATHERINE HANSFORD RATE STUDY JUNE 2023 3,117.50 59604 07/19/23 Reconciled 07/31/23 3425 CINTAS UNIFORM SVCS JUNE 2023 552.80 59605 07/19/23 Reconciled 07/31/23 03430 CITY CLERKS ASSOCIATION ANNUAL MEMBERSHIP FY 23/24 250.00 59606 07/19/23 Reconciled 07/31/23 3494 COLANTUONO, HIGHSMITH & LEGAL MATTER JUNE 2023 12,112.91 Item 3C22

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - July 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 11:24 am
Date: 08/14/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59607 07/19/23 Reconciled 07/31/23 3496 COLEMAN ENGINEERING WWTP COVERAGE 5,855.50 59608 07/19/23 Printed 3574 CONVERGEONE, INC CITY PHONE PROGRAMMING 140.00 59609 07/19/23 Reconciled 07/31/23 3126 CRAFCO COLD PATCH 271.93 DEPARTMENT OF 39.90

CONSERVATION
59610 07/19/23 Printed 04250 Q4 22/23 SMIP FEES
DIVISION OF STATE 109.60

ARCHITECT
59611 07/19/23 Reconciled 07/31/23 04532 SB1186 FEES Q4 22/23 59612 07/19/23 Printed 7798 G&T TRUCK REPAIR ASPHALT TRAILER BRAKES 544.66 59613 07/19/23 Reconciled 07/31/23 07570 GRAINGER WWTP EYE WASH CONCENTRATE 111.68 59614 07/19/23 Reconciled 07/31/23 07570 GRAINGER WWTP HOSE 36.74 HOME DEPOT CREDIT 447.64

SERVICES
59615 07/19/23 Reconciled 07/31/23 08501 SUPPLIES
59616 07/19/23 Reconciled 07/31/23 08660 HUNT AND SONS, INC. FUEL 239.83 59617 07/19/23 Reconciled 07/31/23 8661 HYDROCOMPLIANCE MONTHLY QSP JUNE 2023 1,800.00 LIEBERT CASSIDY 4,977.50

WHITMORE
59618 07/19/23 Reconciled 07/31/23 12209 HR LEGAL MATTER MAY 2023 59619 07/19/23 Reconciled 07/31/23 013278 MNJ ADVISORS INC. INTERIM CITY MANAGER JUNE 2023 2,388.47 59620 07/19/23 Reconciled 07/31/23 18400 NAPA AUTO PARTS SUPPLIES 82.42 NORTHERN CALIFORNIA 257.52
GLOVE
59621 07/19/23 Reconciled 07/31/23 14356 REFLECTIVE VESTS PELLETREAU, ALDERSON & 13,128.85
CABRAL
59622 07/19/23 Reconciled 07/31/23 16011(2) LEGAL SVCS JUNE 2023 59623 07/19/23 Reconciled 07/31/23 16035 PG&E ELECTRICITY 20,767.51 59624 07/19/23 Reconciled 07/31/23 03580 PLACER COUNTY HHS Q1 23/24 ANIMAL & FIELD SVCS 6,513.00 59625 07/19/23 Reconciled 07/31/23 16821 PSOMAS WWTP CONSTRUCTION MAY 2023 1,865.00 59626 07/19/23 Printed 19037 SAFE SIDE SECURITY CORP YARD SECURITY JULY 2023 155.00 59627 07/19/23 Printed 19037 SAFE SIDE SECURITY WWTP SECURITY JULY 2023 95.00 SCORE - SMALL CITIES 180,822.40

ORGANIZED
59628 07/19/23 Reconciled 07/31/23 19070 Q1 WC & FY 23/24 LIAB POLICY 59629 07/19/23 Reconciled 07/31/23 19591 SECURITAS TECHNOLOGY DEPOT SECURITY Q1 FY 23/24 167.34 59630 07/19/23 Reconciled 07/31/23 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 70.48 59631 07/19/23 Reconciled 07/31/23 19396 SIERRA SAFETY COMPANY ST WORK SIGNAGE 90.63 59632 07/19/23 Reconciled 07/31/23 20538 TROJAN TECHNOLOGIES WWTP SOCKET 57.65 UNION PACIFIC RAILROAD 250.00

COMPANY
59633 07/19/23 Reconciled 07/31/23 21131 LAND LEASE FY 23/24 59634 07/19/23 Reconciled 07/31/23 21452 EMMANUEL URSU PLANNING SVCS MAY 2023 11,176.91 US BANK CORPORATE PMT 2,089.78
SYSTEM
59635 07/19/23 Reconciled 07/31/23 21560 SUPPLIES
VAN GRONINGEN & 7,885.00

ASSOCIATES
59636 07/19/23 Reconciled 07/31/23 22106 FINANCIAL SVCS JUNE 2023 59637 07/19/23 Reconciled 07/31/23 22134 VISION QUEST TECH SUPPORT AUG 2023 3,800.00 59638 07/19/23 Reconciled 07/31/23 22134 VISION QUEST TECH SUPPLIES JUNE 2023 167.01 59639 07/19/23 Reconciled 07/31/23 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONE 214.87 59640 07/19/23 Reconciled 07/31/23 18883 WAXIE SANITARY SUPPLY PW TRASH BAGS 255.60 59641 07/19/23 Reconciled 07/31/23 23301 WESTERN PLACER WASTE SLUDGE REMOVAL JUNE 2023 1,741.43 59642 07/21/23 Reconciled 07/31/23 2087 BASIC PACIFIC FSA BENEFIT PYMTS 3,030.20 59643 07/26/23 Printed 01500 ANDERSON'S SIERRA WWTP PVC 175.48 59644 07/26/23 Printed 4591 ASHLYNN SMITH DEPOT/CITY HALL CLEANING 225.00 59645 07/26/23 Printed 657 AUBURN TROPHIES ETC. NAMEPLATES 32.18 59646 07/26/23 Printed 03401 CHOICE BUILDER PREMIUMS AUG 2023 629.88 59647 07/26/23 Reconciled 07/31/23 03446 CITY OF FOSTER CITY MWI JOB POSTING 540.00 59648 07/26/23 Printed 3475 CLARK PEST CONTROL PEST CONTROL 508.00 59649 07/26/23 Printed 07591 COLFAX GREEN MACHINE 3RD OF JULY DEPOSIT REFUND 100.00 59650 07/26/23 Printed 03540 COLFAX LIONS CLUB 3RD OF JULY PARADE EVENT REF 100.00 59651 07/26/23 Printed 04592 DACOMM WWTP INTERNET 103.45 EOSI - ENVIRONMENT 10,584.07

OPERATING
59652 07/26/23 Printed 05221 WWTP CHEMICALS
FLYING SQUIRREL TREE 800.00
CARE
59653 07/26/23 Printed 6426 LIONS PARK TREE TRIMING
FRONTIER 247.41

COMMUNICATIONS
59654 07/26/23 Printed 06278 WWTP PHONE
Item 3C23

CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
AP Checks - July 2023
BANK:

Vendor
Number Vendor Name Check Description
US BANK Page: 3
Time: 11:24 am
Date: 08/14/2023
Void/Stop
Date
Reconcile
Date
US BANK Checks
59655 07/26/23 Printed 07200 GENERAL PLUMBING SUPPLY ROY TOMS WATER LEAK 29.80 59656 07/26/23 Printed 14859 GHD INC. ENG SVCS APR 2023 14,247.50 59657 07/26/23 Printed 14859 GHD INC. ENG SVCS MAY 2023 21,332.50 59658 07/26/23 Printed 07570 GRAINGER WWTP SUPPLIES 20.48 59659 07/26/23 Printed 07570 GRAINGER WWTP SUPPLIES 323.74 59660 07/26/23 Printed 08086 HBE RENTALS BOOM RENTAL 822.00 HILL BROTHERS CHEMICAL 7,104.24
CO.
59661 07/26/23 Printed 08159 WWTP CHEMICALS
59662 07/26/23 Printed 08660 HUNT AND SONS, INC. FUEL 731.94 59663 07/26/23 Printed 09540 INTERSTATE SALES SIGNAGE 44.88 59664 07/26/23 Printed 09540 INTERSTATE SALES STREET PAINT 218.68 59665 07/26/23 Printed 12101 LAFCO LAFCO FEES FY 23/24 2,029.47 59666 07/26/23 Printed 23101 LARRY WALKER ASSOCIATES NPDES PERMIT ASS JUNE 2023 1,575.25 LAWRENCE & ASSOCIATES 4,725.40
INC
59667 07/26/23 Printed 12180 LANDFILL MONITORING JUNE 2023 LIEBERT CASSIDY 3,387.50

WHITMORE
59668 07/26/23 Printed 12209 HR LEGAL MATTER JUNE 2023
NEXGEN ASSET 3,900.00

MANAGEMENT
59669 07/26/23 Printed 14307 ASSET MANAGEMENT TRAINING
59670 07/26/23 Printed 16300 PCWA -PLACER COUNTY WATER 2,690.22 PLACER COUNTY AIR 2,561.25

POLLUTION
59671 07/26/23 Printed 16140 LS 3 GENERATOR PERMIT 23/24 59672 07/26/23 Printed 03580 PLACER COUNTY HHS FIRE SVCS Q4 22/23 19,312.50 59673 07/26/23 Printed 16500 PLACER OPERATIONAL AREA CIVIL DEFENSE FY 22/23 226.22 59674 07/26/23 Printed 16052 PLACEWORKS GEN PLAN/HOUSING ELEM JUN 23 22,553.48 59675 07/26/23 Printed 16820 PSI UTILITY BILLING POSTCARDS 388.90 59676 07/26/23 Printed 19065 SCI CONSULTING GROUP CANNABIS LICENSE RENEWAL 750.00 STATE BOARD OF 2,249.00

EQUALIZATION
59677 07/26/23 Printed 19650 Q4 FY 22/23 SELF ASSESSED TAX UNION PACIFIC RAILROAD 5,000.00

COMPANY
59678 07/26/23 Printed 21131 101 RAILROAD PARKING LOT LEASE 59679 07/26/23 Printed 21452 EMMANUEL URSU PLANNING SVCS JUNE 2023 9,283.15 59680 07/26/23 Printed 21500 USA BLUE BOOK, INC WWTP LAB SUPPLIES 501.61 VULCAN MATERIALS 166.93

COMPANY
59681 07/26/23 Reconciled 07/31/23 22240 ASPHALT
59682 07/26/23 Printed 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 64.67 59683 07/26/23 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 59684 07/26/23 Reconciled 07/31/23 23451 WOOD RODGERS SEWER CONS APP JUNE 2023 920.00 59685 07/26/23 Reconciled 07/31/23 23451 WOOD RODGERS SSMP UPDATE 856.25 59686 07/26/23 Reconciled 07/31/23 23451 WOOD RODGERS WWTP CONST GRANT JUNE 2023 8,526.00 Total Checks: 128 Checks Total (excluding void checks): 529,777.35 Total Payments: 128 Bank Total (excluding void checks): 529,777.35 Total Payments: 128 Grand Total (excluding void checks): 529,777.35 Item 3C24
City of Colfax Quarterly Investment Report – Quarter Ended 06/30/2023 Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Laurie Van Groningen, Finance Director
Subject: Quarterly Investment Report – Quarter ended June 30, 2023 Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

California Government Code Section 53646 and the City of Colfax Investment Policy require a quarterly investment report be submitted to the City Council. Such report shall include at least the following information:
 Types of Investments;
 Name of the institution in which funds are invested or deposited;  Date of Maturity, if applicable;
 Par and dollar amount investment for all securities;
 Percent distribution of each type of investment or deposit; current market value as of the date of the report, including source of the valuation except those under LAIF;  Rate of interest;
 Average weighted yield of all investments;
 A statement relating the report to the City’s Investment Policy; and  A statement that there are sufficient funds to meet the City’s next six months of financial obligations.

The current practice for cash management is to maintain an operating balance between $75,000 and $150,000 in the City’s US Bank Corporate checking account. This account accumulates Earnings Credits based on the account balance which offset/reduce monthly service charges. City funds in excess of the targeted operating balance are transferred to the State of California Local Agency Investment Fund (LAIF) on a weekly basis. The checking account balance may be reported at an amount higher than the target balance by the Bank due to the timing of City checks being processed by vendors/service providers.

The City’s investment policy is authorized under the California Government Code, section 53600, et. seq. as it applies to the investment of public funds. The Government Code governs the City’s allowable investments, and the lengths of those investments. Our investment policy dictates that the City should have liquid short term securities to meet six months of financial obligations. The budget for fiscal year 2022-2023 reflects nearly $4.9M in annual operating expenditures; therefore, our target for liquid short term securities would be $2.45M.

The attached schedule Analysis of Treasury Investment Pool satisfies the State’s reporting requirements.

Additionally, we have determined:
 The investments held at June 30, 2023 conform to the City Investment Policy adopted by Resolution 29- 2014.
 The composite yield of the City’s investment pool (US Bank and LAIF) to be the rate of 2.90% for the quarter ended June 30, 2023.
 There are sufficient funds on deposit to meet all anticipated City expenditures for the period July 01, 2023 through December 31, 2023.

RECOMMENDED ACTION: Accept and File
Item 3D25
City of Colfax Quarterly Investment Report – Quarter Ended 06/30/2023 Staff Report August 23, 2023
Historically, due to fluctuations in fund balances, investment opportunities outside the corporate checking and LAIF accounts have been somewhat limited. Staff will continue to review for opportunities, but at this time will continue with the current investment structure.

Attachments:

1. Analysis of Treasury Investment Pool

2. State of California – PMIA and LAIF Performance Report (QE 06/30/2023)

3. State of California – PMIA Average Monthly Effective Yields

4. Resolution 29-2014
Item 3D26
City of Colfax
Analysis of Treasury Investment Pool
Quarterly Analysis - FY2022-2023
Report Date: 06/30/2023
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 9,172,626 $ 96% 3.01% Corporate Checking US Bank N/A $ 420,753 4% 0.16%
Total Investment Pool $ 9,593,379 100% 2.90%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 8,716,720 $ 97% 2.63% Corporate Checking US Bank N/A $ 293,930 3% 0.16%
Total Investment Pool $ 9,010,650 100% 2.53%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 7,849,494 $ 97% 1.98% Corporate Checking US Bank N/A $ 231,396 3% 0.16%
Total Investment Pool $ 8,080,890 100% 1.90%
Type of Investment Financial Institution
Date of
Maturity
Investment
Amount
% of Total
Investment
Average
Investment
Yield
Investment Fund State Local Agency Investment Fund (LAIF) N/A 8,594,953 $ 98% 1.29% Corporate Checking US Bank N/A $ 193,943 2% 0.16%
Total Investment Pool $ 8,788,896 100% 1.24%
Quarter Ended 06/30/2023
Quarter Ended 03/31/2023
Quarter Ended 12/31/2022
Quarter Ended 09/30/2022
Item 3D27
Item 3D28
Item 3D
29 Item 3D30
Item 3D31
Item 3D32
Item 3D33
City of Colfax Use of CA Uniform Public Construction Cost Accounting Act Staff Report August 23, 2023 for Procurement
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Mike Luken, Interim City Manager
Subject: Use of CA Uniform Public Construction Cost Accounting Act for Procurement Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
In accordance with Colfax Municipal Code Section 3.04.070, the City Council authorized the City Manager to develop a procurement policy for Council consideration. The Council last updated this policy in 2022 (see attached). Components of that policy require that the Council adopt by resolution the California Uniform Public Construction Cost Accounting Act. Unfortunately, this was not done. As a clean-up item, staff recommends the Council adopt the model resolution provided by the State of California to comply with Public Contractor Code Section 22000.

Fiscal Impacts
There are no fiscal impacts of that would result from the approval of the recommended action.

Attachments:

1. Resolution __-2023

2. 2022 Adopted Procurement Policy
RECOMMENDED ACTION: Adopt Resolution __-2023 authorizing the City to use the California Uniform Public Construction Cost Account Act for Procurement by the City.

Item 3E
34 City of Colfax CUPCCAA Procedures
Resolution __-2023
City of Colfax
City Council
Resolution № __-2023

ELECTING TO BECOME SUBJECT TO THE CALIFORNIA UNIFORM ACCOUNTING

PROCEDURES FOR CITY PROCUREMENT
WHEREAS, prior to the passage of Assembly Bill No.1666, chapter 1054, statutes of 1983, which added chapter 2, commencing with section 22000, to part 3 of division 2 of the public contract code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and,
WHEREAS, public contract code section 22000 et seq., the uniform public construction cost accounting act, establishes such a uniform cost accounting standard; and, WHEREAS, the Commission established under the act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and, NOW THEREFORE BE IT RESOLVED that the City of Colfax hereby elected under Public Contract code section 22030 to become subject to the uniform public construction cost account procedures as set forth in the Act and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended and directs the City Manager to notify the State Controller forthwith of this election.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 23rd day of August 2023 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________________
Trinity Burruss, Mayor
ATTEST:
____________________________________
Marguerite Bailey, City Clerk
Item 3E35

Page 1 ends

City of Colfax
Procurement Policies and Procedures

1. Purpose of procurement standards. The purpose of these standards is to establish procedures for the City for the procurement of supplies and other expendable property, equipment, real property, and other services.

2. Code of conduct. No employee, officer, councilmembers, or agent shall participate in the selection, award, or administration of a contract if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the City shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subagreements except for where the financial interest is not substantial, or the gift is an unsolicited item of nominal value. Members of the City's board of directors shall comply with all relevant fiduciary duties, including those governing conflicts of interest, when they vote upon matters related to procurement contracts in which they have a direct or indirect financial or personal interest. Officers, employees, directors, and agents of the City shall be subject to disciplinary actions for violations of these standards.

3. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open, and free competition. The City shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the City, price, quality, and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the City. Any and all bids or offers may be rejected when it is in the City's interest to do so. In all procurement the City shall avoid practices that are restrictive of competition. These include but are not limited to:
(a) Placing unreasonable requirements on firms in order for them to qualify to do business, (b) Requiring unnecessary experience and excessive bonding, (c) Noncompetitive pricing practices between firms or between affiliated companies, (d) Noncompetitive awards to consultants that are on retainer contracts, (e) Organizational conflicts of interest,
(f) Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance of other relevant requirements of the procurement, and Item 3E36

Page 2 ends

(g) Any arbitrary action in the procurement process.

4. Methods of Procurement to be Followed.
(a) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the "Simplified Acquisition Threshold" fixed at 41 U.S.C. 403(11) (currently set at $100,000) and where procurement by sealed bid is not required. If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources to ensure that the selection process is competitive in accordance with these policies. City funded procurement is not subject to the procedures.
(b) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. (i) The sealed bid method is the preferred method for procuring construction if the following conditions are present:
(A) A complete, adequate, and realistic specification or purchase description is available;
(B) Two or more responsible bidders are willing and able to compete effectively and for the business; and
(C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply:
(A) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;
(B) The invitation for bids, which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond;
(C) All bids will be publicly opened at the time and place prescribed in the invitation for bids;
(D) Any or all bids may be rejected if there is a sound documented reason. (c) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or costreimbursement type contract is awarded. It is generally used when conditions are not appropriate for Item 3E37

Page 3 ends

the use of sealed bids or small purchase procedures. If this method is used, the following requirements apply:
(i) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical;
(ii) Proposals will be solicited from an adequate number of qualified sources; (iii) The City shall evaluate responses to its solicitations and select awardees in accordance the procedures outlined in section 5 below ("Procurement Procedures") (iv) Awards will be made to the responsible firm whose proposal is most advantageous to the City with price and other factors considered; and
(v) The City may use the competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services, consultant services, and other services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. A procurement process where price is not to be used as a stated selection factor can only be used in procurement of A/E professional services. It cannot be used to purchase other types of A/E firms are a potential source to perform the proposed effort.
(d) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate.
(i) Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the following circumstances applies:
(A) The item is available only from a single source;
(B) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
(C) The funding source specifically authorizes the use of noncompetitive proposals; or
(D) After solicitation of a number of sources, competition is determined inadequate. (ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profits, is required. (iii) When using a noncompetitive process, the City normally would be expected to submit Item 3E38

Page 4 ends

the proposed procurement to the relevant funding source for pre-award. (iv) When the funding is from the local municipality.

5. Procurement procedures.
(a) All procurement by the City shall comply, at a minimum, with the requirements of subsections (i), (ii), and (iii) below:
(i) the City avoid purchasing unnecessary items.
(ii) Where appropriate, an analysis is made of lease and purchase alternatives to determine which would be the most economical and practical procurement. (iii) Solicitations for goods and services provide for all of the following. (A) A clear and accurate description of the technical requirements for the material, product, or service to be procured. In competitive procurements, such a description shall not contain features which unduly restrict competition. (B) Requirements which must be fulfill and all other factors to be used in evaluating proposal submitted in response to solicitations.
(C) A description, whenever practicable, of technical requirements in terms of functions to be performed or performance required, including the range of acceptable characteristics or minimum acceptable standards. (D) When relevant, the specific features of "brand name or equal" descriptions that are to be included in responses submitted to solicitation. (E) The acceptance, to the extent practicable and economically feasible, of products and services dimensioned in the metric system of measurement. (F) Preference, to the extent practicable and economically feasible, for products and services that conserve natural resources and protect the environment and are energy efficient.
(b) The type of procuring instruments used (e.g., fixed price contracts, cost reimbursable contracts, purchase orders, and incentive contracts) shall be determined by the City but shall be appropriate for the particular procurement and for promoting the best interest of the program or project involved. The "*cost-plus-a-percentage-of- cost" or "*percentage of construction cost" methods of contracting shall not be used.
* Cost-plus-percentage-of-cost is a contract under which the contractor is paid a percentage of the total actual expenses or costs in addition to the contractor’s actual expenses or costs.
* Percentage-of-Construction-costs is a values set for the total estimated construction contract award amount, including of all built-in costs to set a contract.

Item 3E39

Page 5 ends

(c) Contracts shall be made only with responsible contractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, record of past performance, financial and technical resources, or accessibility to other necessary resources. (d) Debarment and Suspension – No contract shall be made to parties listed on the General Services Administration’s List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

6. Environmental Preferable Purchasing.
(a) Purpose.
(i) It is the policy of the City to institute practices that reduce waste by increasing product efficiency and effectiveness, purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety to the greatest extent practicable, and purchase products that include recycled content, are durable and longlasting, conserve energy and water, reduce greenhouse gas emissions, use unbleached or chlorine-free manufacturing processes, are lead-free and mercury-free, and use wood from sustainably harvested forests.
(ii) This policy is adopted in order to support strong recycling markets, reduce materials that are landfilled, identify environmentally preferable products and distribution systems, increase the use and availability of environmentally preferable products that protect the environment, reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems or services, and create a model for successfully purchasing environmentally preferable products that encourages other purchasers to adopt similar goals.
(iii) This policy shall comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products, to purchase Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, and procure resources in a way that aligns with the City’s goals.
(b) Recycled Content Products.
(i) All products for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines, such as those for printing paper, office paper, janitorial paper, construction, landscaping, parks and recreation, transportation, vehicles, miscellaneous, and non-paper office products, shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards established by the U.S. EPA Guidelines.

Item 3E40

Page 6 ends

(ii) If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of the City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than nonrecycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. (iii) All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
(iv) Records must be submitted to the City of all Paper Products and Printing and Writing Paper purchases on a schedule to be determined by the City and not less than annually (both recycled-content and non-recycled content, if any is purchased) for all purchases made by a division or department or employee of the City. (v) All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:
(A) Provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item, and available at equal or lesser price.
(B) Certify in writing the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products and/or Printing and Writing Paper can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(C) Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined.
(D) Provide records to the Recordkeeping Designee for all Paper Products and Printing and Writing Paper on a schedule to be determined by the Recordkeeping Designee.
(E) All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
(vi) All pre-printed recycled content papers intended for distribution that are purchased or Item 3E41

Page 7 ends

produced shall contain a statement that the paper is recycled content. (vii) Copiers and printers bought shall be compatible with the use of recycled content products.
(c) Green Building – Construction and Renovations
(i) All building and renovations undertaken by the City shall follow Green Building Practices for design, construction, and operation, where appropriate, as described in the *LEEDTM Rating System and meet *CalGreen and *MWELO requirements. Building and landscaping products, purchases, and use by the City shall be consistent with CalGreen and MWELO requirements.
(d) Landscaping.
(i) All landscape renovations, construction, and maintenance by the City, including workers and contractors providing landscaping services for the City, shall employ sustainable landscape management techniques for design, construction, and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost.
(ii) The City, including through its direct service providers, will make every effort to meet its annual procurement target for *Recovered Organic Waste Products as determined by the State. Periodically, the City’s Recordkeeping Designee shall distribute information to City Staff on the Procurement target and specific products that meet the SB 1383 procurement requirements. Divisions and departments responsible for landscaping maintenance shall:
(A) Use SB 1383 Eligible Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in the Definitions section of this Policy, for landscaping maintenance as practicable, whenever available, and capable of meeting quality standards and criteria specified.
* LEED – Leadership Energy and Environmental Design
 Recovered Organic Waste Products - means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). * CalGreen – California state mandated green building code standards https://calgreenenergyservices.com/knowledge-center/calgreencode/ Item 3E42

Page 8 ends

*MWELO – Model Water Efficient Landscape Ordinance
*Recovered Organic Waste Products - means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). (B) Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the City, on a schedule to be determined by City. General Procurement Records shall include: General description of how and where the product was used and applied, if applicable; Source of product including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; Type of product; Quantity of each product; and, Invoice or other record demonstrating purchase or procurement.
(C) For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided. Records shall be maintained and submitted to the City in accordance with the requirements specified in Section 7 below. (D) When a direct service provider for the City procures compost or mulch, enters into a written contract or agreement, or executes a purchase order between the City and direct service provider with enforceable provisions that include:

Definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion, and, an enforcement mechanism (e.g., termination or liquidated damages) in the event the direct service provider is not compliant with the requirements. (E) Projects subject to California’s MWELO that will be used to meet the annual recovered organic waste product procurement target must comply with CCR Title 23, Division 2, Chapter 2.7, Sections 492.6 (a)(3)(B), (C), (D), and (G). (e) Gas and Oil Procurement.
(i) For Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications), the City shall:
(A) Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the Jurisdiction.
(B) Keep records in the same manner indicated in Section 7 below. for the amount of Renewable Gas procured and used by the Jurisdiction, including the general procurement record information specified in Section 7, and submit records to Item 3E43

Page 9 ends

the City on a schedule to be determined by the City and not less than annually.

Jurisdiction shall additionally obtain the documentation and submit records specified in Section 7 below, if applicable.

7. Procurement records. Procurement records and files for purchases in excess of the small purchase threshold as fixed at 41 U.S.C. 403(11) (currently $25,000) shall include the following at a minimum: (a) basis for contractor selection, (b) justification for lack of competition when competitive bids or offers are not obtained, and (c) basis for award cost or price.
(a) Record Keeping.
(i) The City Manager shall select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:
(A) Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.3.
(B) If non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not purchased.
(C) Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors /others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of the City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.1. (D) Collect, collate, and maintain documentation submitted by the City’s direct service providers, and/or vendors, including the information reported to the Recordkeeping Designee.
(E) Collect, collate, and maintain documentation submitted by the City’s direct Item 3E44

Page 10 ends

service providers, and/or vendors, including the information reported to the Recordkeeping Designee.
(ii) As required, compile data and report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the requirements for Recycled-Content Paper Products and RecycledContent Printing and Writing Paper procurement.

8. Contract administration. A system for contract administration shall be maintained to ensure contractor conformance with the terms, conditions, and specifications of the contract and to ensure adequate and timely follow up of all purchases. The City shall evaluate contractor performance and document, as appropriate, whether contractors have met the terms, conditions, and specifications of the contract.

9. Contract provisions. The City shall include, in addition to provisions to define a sound and complete agreement, the following provisions in all contracts. The following provisions shall also be applied to subcontracts.
(a) Contracts in excess of the *Simplified Acquisition Threshold shall contain contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms and provide for such remedial actions as may be appropriate.
(b) All contracts in excess of the Simplified Acquisition Threshold shall contain suitable provisions for termination by the City, including the manner by which termination shall be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.
(c) For contracts dealing with construction or facility improvements the City shall comply with all requirements imposed by its funding sources (and the government regulations applicable to those funding sources) with regard to construction bid guarantees, performance bonds, and payment bonds. (d) All negotiated contracts (except those for less than the Simplified Acquisition Threshold) awarded by the City shall include a provision to the effect that the City shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. (e) All contracts, including small purchases, awarded by the City and their contractors where the source of the funds, directly or indirectly, is the federal government, shall contain the following procurement provisions as applicable.
* Simplified Acquisition Threshold means the dollar amount below which a non-Federal entity may purchase property or services using Item 3E45

Page 11 ends

small purchase methods
(i). Equal Employment Opportunity - All contracts, when funded in whole or part by monies derived from the Federal government (either directly or indirectly), shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (ii). Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts in excess of $2000 for construction or repair, when funded in whole or part by monies derived from the Federal government (either directly or indirectly) shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.
(iii). Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the State Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. (iv). Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - All contracts in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers, when funded in whole or part by monies derived from the Federal government (either directly or indirectly), shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). (v). Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work, when funded in whole or part by monies derived from the Federal government (either directly or indirectly), shall provide for the rights of the Federal Government and the recipient in any resulting invention in Item 3E46

Page 12 ends

accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (vi). Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000, when funded in whole or part by monies derived from the Federal government (either directly or indirectly), shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).

Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(vii). Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contacts for an amount above $100,000, when funded in whole or part by monies derived from the Federal government (either directly or indirectly), shall include a certification by the contracting parties that they have not and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. and to further require disclosure of any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

10. Effective Date. This policy shall take effect on June 09, 2022.

Item 3E47
City of Colfax Rainbow Music Lease Extension
Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Rainbow Music Lease Extension
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
At the July 26, 2023 Colfax City Council Meeting, Rainbow Music located at 99 Railroad Street Suite 4 (Pullman Car) was granted an extension to the current lease to accommodate completion of repairs and the City of Colfax Building Inspector’s approval. Their current lease expires August 31, 2023.

The Colfax City Council previously agreed to a rent amount of $500/month with the ability to reduce that by $150/month with a defined activity that qualifies as a credit for the rent reduction. Rainbow Music’s proposal included the repair/replacement of 14 custom made windows on the railcar.

Staff is recommending a sixty (60) day extension to the current lease to accommodate completion of repairs and the City of Colfax Building Inspector’s approval.

Fiscal Impacts
N/A
Attachments:

N/A
RECOMMENDED ACTION: Authorize a 60-day lease extension with Rainbow Music for 99 Railroad Street Suite 4 to allow for the completion of window replacements.

Item 3F48
t
City of Colfax Ordinance Authorizing Retail Sale of Adult Use Cannabis Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023, REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Mike Luken, Interim City Manager
Alfred A. “Mick” Cabral, City Attorney
Subject: Introduction and First Reading of an Ordinance Amending Colfax Municipal Code Chapter 5.32 (Commercial Cannabis Activity) to Allow Retail Sale of Adult Use Cannabis
Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
At the July 26, 2023 regular meeting, the City Council discussed potential changes to the City’s Commercial Cannabis Activity ordinance (The “Cannabis Ordinance”; Colfax Municipal Code [“CMC”] Chapter 5.32).

After extensive discussion and public comment, a majority of the Council directed staff to present a proposed ordinance that will allow the retail sale of adult use cannabis in Colfax.

The proposed ordinance will accomplish Council’s direction by deleting a single word from CMC §5.32.080 as follows:

5.32.080(a)(1). Medicinal Retailer (including microbusiness engaged in retail sales): maximum of one (1).

CMC §5.32.050(al) defines “retailer” to include a commercial cannabis business. CMC §5.32.050(l) defines “commercial cannabis business” as “any business or operation which engages in medicinal or adult-use commercial cannabis activity.” Striking “Medicinal” from CMC §5.32.080(a)(1) will allow the holder of a valid retail cannabis license to engage in the sale of medicinal and/or adult use cannabis.

The proposed amendment to CMC §5.32.080(a)(1) does not increase the number of retail cannabis licenses that the City can issue. Both before and after the amendment, the City will be authorized to issue only one retail cannabis business license. The change will only expand the potential scope of what can be sold under a retail cannabis license in Colfax.

The proposed amendment will likewise not require the City to issue a retail cannabis license for medicinal or adult-use cannabis at all. CMC §5.32.080(a)(1) only establishes a maximum number of retail cannabis licenses the City is authorized to issue. The City Council will still have to decide whether to authorize the issuance of a retail cannabis license and, if so, whether it will include medicinal cannabis sales, adult-use cannabis sales, or both.

Cannabis is still a Schedule 1 controlled substance and is illegal under federal law even though it is legal under California law. The federal Rohrbacher-Farr amendment, which remains effective, prohibits the federal government from spending federal money to interfere with the implementation of state medical cannabis laws.

It is unclear whether and, if so, how federal law will be enforced against local cannabis establishments, if at all.

RECOMMENDED ACTION: Introduce proposed Ordinance 552 by title only, conduct a public hearing, waive the first reading, and continue for a second reading and possible adoption at the September 13, 2023, regular meeting.

Item 6A49
t
City of Colfax Ordinance Authorizing Retail Sale of Adult Use Cannabis Staff Report August 23, 2023
THE AMENDMENT PROCESS.

Ordinances can only be adopted at a regular Council meeting unless they qualify as “urgency” ordinances and cannot be adopted within five days of their introduction. Staff anticipates that the Council will introduce the ordinance, conduct a public hearing, and continue the ordinance for adoption at the September 13 regular meeting. Ordinances become effective 30 days after their adoption and are subject to referendum during that 30- day period. If this ordinance is adopted on September 13, it will become effective on October 13, 2023.

This Ordinance is not self-executing. If this ordinance is adopted, staff will present a resolution to the Council that will (1) authorize staff to issue a retail cannabis business license to a person or entity designated by the Council, and (2) determine whether that license will be for medicinal cannabis sale, adult-use cannabis sale, or both.

Staff will be available to answer any questions.

Fiscal Impacts
Unknown at this time.

Attachments:

1. Proposed Ordinance.

Item 6A50

CITY OF COLFAX
ORDINANCE NO. 552

AN ORDINANCE OF THE CITY OF COLFAX
AMENDING COLFAX MUNICIPAL CODE SECTION 5.32.080

TO ALLOW THE RETAIL SALE OF
ADULT USE CANNABIS AND CANNABIS PRODUCTS.

The City Council of the City of Colfax does ordain as follows:

Section 1:

Colfax Municipal Code Section 5.32.080(a)(1) is hereby amended in the form and substance contained in the Ordinance attached hereto as Exhibit A and incorporated herein by this reference. Colfax Municipal Code Chapter 5.32 “Commercial Cannabis Activity” shall remain in full force and effect except as modified by this amendment.

Section 2. Superceding Provisions
The provisions of this Ordinance and any resolution adopted pursuant hereto shall supersede and repeal any previous Ordinance or resolution to the extent the same is in conflict herewith.

Section 3. Severability
If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by the final judgment of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions hereof.

Section 4. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality Act, Public Resources Code §21000 et seq (hereinafter "CEQA") apply, the title of this ordinance would constitute a brief description of the "Project" as required by Section 15062(a)(1) of the Guidelines for Implementation of the California Environmental Quality Act published by the State of California Office of Planning and Research (the "CEQA Guidelines").

FINDING OF NO PROJECT
The City of Colfax finds that adoption of this ordinance does not constitute a "Project" as that term is defined by or used in CEQA, the CEQA Guidelines or any court or attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.

FINDING OF EXEMPTION
In the event that it is found that the said action constitutes a "Project" as defined by or used in CEQA or the CEQA Guidelines, which finding would be contrary to the City’s opinion of its action, the City of Colfax hereby finds that said action is exempt from compliance with CEQA Item 6A51
and the CEQA Guidelines, for the following reasons: The action falls within the exemptions provided by Senate Bill 94, and within the “common sense” CEQA exemption provided in 14 CCR 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, the action is not subject to CEQA. CEQA Guidelines, Section 15061(b)(3). It can be seen with certainty that adoption of this ordinance and its provisions cannot possibly have a significant effect on the environment.

Section 5. Effective Date
This Ordinance, and all of its provisions, shall take effect thirty (30) days after its adoption and shall, within 15 days after its adoption, be published or posted in accordance with Section 36933 of the Government Code of the State of California with the names of those City Council members voting for and against it.

The foregoing Ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax held on the 23rd day of August, 2023, and passed and adopted at a duly held regular meeting of the City Council held on the 13th day of September, 2023, by the following vote:

AYES:

NOES:

ABSENT:
______________________________
Trinity Burruss, Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Alfred Cabral Marguerite Bailey
City Attorney City Clerk
Item 6A52
1 EXHIBIT A

CITY OF COLFAX
ORDINANCE NO. 552

AN ORDINANCE OF THE CITY OF COLFAX
AMENDING COLFAX MUNICIPAL CODE SECTION 5.32.080

TO ALLOW THE RETAIL SALE OF
ADULT USE CANNABIS AND CANNABIS PRODUCTS.

Colfax Municipal Code Section 5.32.080(a)(1) is hereby amended to read as follows:

5.32.080(a)(1). Retailer (including microbusiness engaged in retail sales): maximum of one (1).

Item 6A53
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Michael Luken, Interim City Manager
Prepared by: Emmanuel Ursu, Planning Director
Subject: Discussion of Zoning Code Updates
Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $40,000 Fund(s): REAP-2 Summary/Background
Changes to the City Zoning Code are proposed to comply with changes to state housing law; to reflect updates to the general plan; and to add clarity to the development standards, to correct typographical errors, and internal inconsistencies. This effort is focused on housing-related standards of the zoning code and is funded by the State through phase 2 of the Local Early Action Program (LEAP-2). LEAP2 is a program intended to assist local governments with the preparation and adoption of planning documents, and process improvements that accelerate housing production and facilitate compliance with implementation of the sixth-cycle regional housing needs assessment.

Discussion
Changes to the zoning code are grouped in three categories as follows:

1. Accessory Dwelling Units (ADUs) - Changes to the Colfax Zoning Code are necessary to comply with state laws enacted to encourage the development of ADUs.

2. Updates to reflect changes to the General Plan – With the pending adoption of the General Plan update, changes to the Zoning Code and Zoning Map are necessary.

3. Clean up of the Zoning Code – Edits of the Zoning Code are proposed to add clarity to the development standards, remove redundant or obsolete code sections, and correct typographical errors and incorrect references.

Accessory Dwelling Units (ADU). An ADU is a unit with complete independent living facilities for one or more persons on a parcel with a primary dwelling unit or multiple dwelling units. Provisions for living, sleeping, eating, cooking, and sanitation are contained within an ADU. The California legislature passed, and the Governor signed into law multiple bills (including AB 68 by Philip Ting, AB 881 by Richard Bloom, AB 587 and AB 671 by Laura Friedman, and SB 13 by Bob Wieckowski) to encourage the development of ADUs. The new laws, chaptered in Government Code Sections 65852.2 and 65852.22, preempt local land use control and establish criteria to allow development of ADUs. Local agencies may establish more lenient regulations for the development of ADUs, but not more restrictive regulations. The existing regulations in Chapter 17.196 – Second Dwelling Units of the Zoning Code, will be replaced by the new ADU regulations.

There are four general variations of ADUs, as follows:
• Detached: the ADU is not attached to the primary structure on the property. • Attached: the ADU is attached to the primary structure on the property. • Converted Existing Space: the ADU is created from existing space on the property, and it may either be attached or not attached to the primary structure on the property.

RECOMMENDED ACTION: Review the draft updates to the Zoning Code and direct staff to prepare an ordinance for City Council consideration.

Item 9A54
• Junior ADU: conversion of existing space contained entirely within an existing or proposed single-family house and does not exceed 500 square feet.

State criteria for ADUs, current Second Unit standards of the Colfax Zoning Code, and staff comment, are indicated below.

Criteria State Law Existing Second Unit
Regulations
Staff Comment
Size No minimum lot size can be required
to develop an ADU or JADU.

Minimum lot size is 7,500
sq ft
-
Must allow at least 850 sq ft or 1,000
sq ft for an ADU with more than one
bedroom.

Minimum unit size is 400
square feet and maximum
is 640 square feet or 35
percent of the original
gross floor area of the
primary unit, whichever is
greater, up to a maximum
of 1,200 square feet.

The City may allow
larger ADUs but
not restrict ADUs
to smaller sizes.

The Council may
consider allowing
the current size
standards for ADUs
on parcels greater
than 7,500 sq ft
Parking If created by garage conversion,
replacement parking cannot be
required
More than one space per unit may
not be required.

Tandem parking must be allowed
No parking may be required if:
-ADU is within ½ mile of transit
-ADU is in historic district
-ADU is part of a proposed or
existing primary residence or an
accessory structure
In addition to the two offstreet parking spaces
required for the primary
residential unit, two
additional off-street
parking spaces shall be
required for the second
residential unit. The
additional parking spaces
may not be purchased or
leased pursuant to
subsection 17.108.040D.
(purchase or lease of
parking spaces)
-
Setbacks
and Lot
Coverage
Must not require interior or rear yard
setbacks greater than 4 feet.

Must comply with
existing zoning
requirements including
setbacks and lot coverage
-
Height Height limit less than 16 feet is
prohibited
Must comply with
existing zoning
requirements
The Council may
consider allowing
heights greater than
16 feet and up to
the maximum
height limits of
existing zoning
requirements for
portions of ADUs
Item 9A55
Criteria State Law Existing Second Unit
Regulations
Staff Comment
that meet the
existing setback
standards.

Bedrooms No restrictions on the number of
bedrooms are allowed
There is no mention of
bedrooms in the City’s
existing second unit
standards.
-
Impact
Fees
No impact fees may be collected for
units less than 750 SF except School
district fees which may only be
collected for ADUs greater than 500
SF.

Impact fees for units over 750 sq ft are
to be proportional in
relation of the size of the ADU to the
size of the primary dwelling.

Water and sewer connection fees may
be charged for ADU constructed
With a new residence but not for
existing space converted to an ADU
The City may charge monthly sewer
fees.

Impact fees apply.

Prior to changes in the
State law, the City’s
Mitigation and Impact Fee
Schedule for multi-family
dwellings applied to
second dwelling units.

The applicable fees were
as follows:

Roads: $1,301
Drainage Study: $48
E/W Culverts: $2,216
Tails: $787
Parks & Rec: $4,011
City Bldgs.: $494
City Vehicles: $94
Downtown Parking: $420
Sewer Impact: $11.120
Landfill: $47
Construction tax: 1%
PCWA and School District
Fees.
-
In addition to the criteria described above, the following standards apply:

In single-family zones, State law requires the following ADU configurations to be allowed:
• Attached to existing or proposed SFD: One ADU, one JADU or one of each, per lot. • Detached: One detached ADU, with or without a JADU that is within primary residence.

In multi-family zones, State law requires the following ADU configurations to be allowed:
• Attached Multifamily: in existing spaces not used as living space (lobby, storage rooms, utility rooms, etc.) the City must allow at least one ADU and up to 25% of the existing multifamily units. • Detached Multifamily: Up to two detached ADUs with 16-foot height limit and 4-foot rear and side setbacks.

No replacement or additional parking may be required, no owner-occupancy requirements may be imposed, fire sprinklers may only be required if require for the primary residence. The City may not Item 9A56
allow ADUs developed under the new law to be rented on a short-term basis (e.g. less than 30 days) General Plan Consistency
Changes to the zoning map are necessary to make it consistent with General Plan Land Use Map, as follows.

Mixed Use Districts.

As a part of the General Plan update, the “Residential Commercial” General Plan Land Use Designation is removed, and two new “Mixed-Use” land use designations are created: MU-1 and MU2. The zoning map and zoning code will be amended to include the new land use designations and the Residential Commercial Overlay zone would be removed. There are no existing development standards for the Residential Commercial Overlay zone.

MU-1 is a vertical mixed-use district
applied to Main Street in the historic
downtown, shown in the light blue in
Figure 1. The intent of the MU-1
zone is for the ground floor street
frontage to be activated with retail
and restaurant uses while spaces
behind street frontage and above
ground floor can be occupied by
professional offices, residential, and
other commercial uses.

MU-2 allows a horizontal (or
vertical) mix of uses around the
historic downtown, in nearby
commercial nodes, as shown in dark
blue in Figure 1, and, at the request
of the property owner, at the
entrance to the Sierra Oaks
subdivision. This zone would allow
residential uses, commercial uses, or
both in a horizontal or vertical
configuration.

Parks District
As a part of the General Plan update, a Parks land use designation is created and applied to the Lion’s Childrens Park, shown in Green in Figure 1. The Open Space zoning is replaced by the new Parks zoning and applied to the existing park. Currently the City’s maintenance yard is zoned Open Space. It would be rezoned Public Quasi-Public.

Public Quasi-Public District
Through the General Plan update, a Public Quasi-Public land use designation is created and applied to property developed with uses such as the City’s maintenance yard, the sewage treatment plant, the Figure 1: General Plan Land Use Map Excerpt
Item 9A57
former landfill, and the community center. The existing Special Public Services District zone would be renamed Public Quasi-Public and the zoning map would be changed to reflect the new zoning district.

Agriculture District
The General Plan does not have an agricultural land use designation, however, one heavily wooded hillside parcel (APN 101-150-022-Dwelle) at the southeastern corner of the City at the end and South of Hannah Drive is zoned Agriculture. The City Council previously adopted Resolution 92-91 approving pre-zoning for annexation of the parcel, included several conditions, including that a recreational park of two acres be included on the site. The proposed change would rezone the parcel Single-family residential to correspond with the existing Low Density Residential General Plan Land Use Designation, add a floating “Park” zoning with a note that a two-acre park, in a location acceptable to the City, shall be developed and offered to the City at the time the parcel is developed, and the Agriculture zoning and zoning standards are to be removed from the zoning code.

Figure 2: General Plan Land Use Map Excerpt
Zoning Code Clean-Up
A summary of the changes proposed to the zoning code, including minor changes to add clarity to the development standards, to correct typographical errors, and to remove internal inconsistencies is provided in the table is Attachment 1.

Attachments

1. Summary of Proposed Zoning Code amendments

2. ADU Handbook
Change from Ag to R-1-20
Item 9A58
Colfax Zoning Code Updates
CMC Sec�on Subject Proposed Change Discussion/Ra�onale
1 17.12.030 Defini�ons Remove terms defined but not used in the code. Terms defined in the “Defini�ons” sec�on of the code yet do not appear elsewhere in the Zoning Code are
removed from the defini�on sec�on.
2 17.12.030 Defini�ons Add Accessory Dwelling Unit (ADU) and Junior (ADU) to the list of defined terms,
ADU/JADU is added to comply with state law
3 17.12.030 Defini�ons Modify “Mul�ple Dwelling” to include two or more units, and remove “Two-family or duplex
Dwelling” defini�on
Currently “two family or duplex dwellings” are
allowed in the R-1-20 and R-1-40 zones. With the
new state ADU requirements, up to three units
(Primary, ADU and Junior ADU) can be constructed in
all residen�al zones. Keeping the “two -family or
duplex dwelling” standard would allow up to four
units on proper�es in the R-1-20 and R-1-40 zones.
4 17.16.010 List of zoning
districts
Update to remove Agriculture and add MU-1
and MU-2
With rezoning of APN 101-150-022 in accordance
with Resolu�on 92-91, a prior annexa�on in 1992,
located in Southeast Colfax at the end and south of
Hannah Lane (Dwelle), there is no agricultural zone in
the City and the Commercial/Residen�al district is
divided into two zones named Mixed Use -1 and
Mixed Use-2.
5 17.32.010(C) Design Review
Permit (DRP)
Clarify DRP requirements for residen�al
development
The code requires residen�al design review for
significant buildings as described in 17.200 and for
residen�al subdivisions in 17.40.070(I). This sec�on
is clarified for internal consistency.
6 17.32.010(G, H, &
I)
Permit
requirements –
approval authority
Correct approval authority for legisla�ve
changes (planned developments, general plan
amendments, and rezoning.

The code incorrectly assigns legisla�ve acts to the
Planning Commission. Changed to require City
Council approval.
7 17.36.150(B) Effectua�on date of
modifica�ons
Correct typographical error to wrong code
reference.

Incorrect code reference
8 17.36.210 Extensions Correct typographical error to wrong code reference.

Incorrect code reference
9 17.40.070(B) Design Review
Findings
Replace “…allows beneficial use…” with
“…balances reasonable use…”
Allowed land uses are determined in the list of
allowed or condi�onally allowed uses, not through
design review.

Item 9A59
CMC Sec�on Subject Proposed Change Discussion/Ra�onale
10 17.40.070(D)(3) Sign Permit
Standards
Remove redundant “safety” standard Safety standard is included in the preceding Sign Permit standard.
11 17.40.070(H)(3)(B) Findings for
Planned
Development
Permit
Change from one year to two years the start of
construc�on
Revise to make consistent with the length of �me
that all other discre�onary approvals are valid.
12 17.48.010 Development
Agreements
Add closing parenthesis Typographical error correc�on
13 17.64.030 Lis�ng of use
classifica�ons
Remove the en�re sec�on The list of uses is redundant as it is included in the following sec�ons (17.64.060 through 110)
14 17.64.060(A-C) Agriculture and
Open space use
types
Remove agricultural use types With rezoning of APN 101-150-022 (see above), there is no Agricultural zoning in the City.
15 17.64.070(A) Civic use types Replace “places or worship” with “places of worship”
Correct typographical error
16 17.64.080 Residen�al Use
Types
Add Accessory Dwelling Unit and Junior
Accessory Dwelling Unit to the alphabe�cal list
of residen�al use types and re-leter use types
in the list
Meet requirements of state law
17 17.64.080 Residen�al Use
Types
Remove “Second dwelling unit” from the
alphabe�cal list of residen�al use types and releter use types in the list “Second dwelling unit” is replaced by the “accessory
dwelling unit” and “junior accessory dwelling” unit
types.
18 17.64.090(C) Commercial use
types – Automo�ve
and equipment.

Electric Vehicle Charging Sta�ons added to the
list of uses
This use is already present in the City and may
become more common as the number of EVs
increase
19 17.68.010(A) Open Space, Special
Public Service
District and
Agricultural Zones
Remove reference to Agricultural Zone from
Chapter �tle and subsec�on A and correct
inconsistency in the name of Special Public
Service District which is also referred to as the
Civic District.

With rezoning of APN 101-150-022(see above), there
is no agricultural zoning in the City and the Civic
District zoning is a clearer reference than SPSD.
20 17.68.010(C) Special Public
Service District
(SPSD) District
Purpose
Change reverence from SPSD to Civic District
(CD).

Change the name of the district
Item 9A60
CMC Sec�on Subject Proposed Change Discussion/Ra�onale
21 17.68.020 Open Space, Civic,
and Agricultural
Zone Districts
Remove Agricultural from the chart of
permited use types
With rezoning of APN 101-150-022, there is no
agricultural zoning in the City.
22 17.68.040 Agricultural district
development
standard
Remove the sec�on With rezoning of APN 101-150-022, there is no agricultural zoning in the City
23 17.72.010(A) and
(B)
Residen�al Zones
Purpose
Clarify the purpose of the mul�-family zones Include for-sale housing types in the statement of the purpose of the mul�-family zones. Currently only
apartments are included.
24 17.72.020 Residen�al zone
district permited
uses chart
Update the list of uses allowed in the residen�al
zones.

To comply with state law, added ADU, JADU, and
Suppor�ve and Transi�onal Housing. Removed Twofamily Dwelling, and Second Dwelling Unit. 25 17.72.030 Residen�al zone
development
standards
Include minimum parcel sizes, residen�al
density and front and side yard setbacks for RM1 and R-M-2 zones Provide clarity regarding the applicable development
standards.
26 Chapter 17.74 Mixed Use Zones Create use and development standards for the Mixed Use-1 and Mixed Use-2 zones
Implement the new General Plan Land Use
designa�on and apply the development standards of
the exis�ng zoning. In the MU-1 allow only retail,
restaurant, and other uses on the ground floor street
frontage to ac�vate the pedestrian experience. In
the MU-2 allow a mix of residen�al and commercial
uses, with loca�on criteria for uses that poten�al
conflict with residen�al uses.
27 Chapter 17.196 Second Dwelling
Units
Replace Chapter with new ADU/JADU chapter Meet state mandates for ADU/JADUs 28 17.108.040 Parking Remove reference to parking for “two-family” units and replace “Second Unit” parking with
“ADU” parking and reference to ADU standards
Meet state mandates for ADU/JADUs
Item 9A61
Item 9A62
Table of Contents
Understanding Accessory Dwelling Units (ADUs) and Their Importance........................................ 3 Summary of Recent Changes to Accessory Dwelling Unit Laws ..................................................... 5 Frequently Asked Questions:.............................................................................................................. 8

1. Legislative Intent .......................................................................................................................... 8

2. Zoning, Development and Other Standards.................................................................................. 9 A) Zoning and Development Standards ...................................................................................... 9 B) Size Requirements...............................................................................................................11 C) Parking Requirements .........................................................................................................12 D) Setbacks..............................................................................................................................13 E) Height Requirements ...........................................................................................................13 F) Bedrooms.............................................................................................................................13 G) Impact Fees.........................................................................................................................14 H) Conversion of Existing Space in Single Family, Accessory and Multifamily Structures and Other Statewide Permissible ADUs (Subdivision (e))................................................................15 I) Nonconforming Zoning Standards .........................................................................................16 J) Renter and Owner-occupancy ..............................................................................................17 K) Fire Sprinkler Requirements................................................................................................. 17 L) Solar Panel Requirements....................................................................................................17

3. Junior Accessory Dwelling Units (JADUs) – Government Code Section 65852.22 .....................18

4. Manufactured Homes and ADUs ................................................................................................18

5. ADUs and the Housing Element ................................................................................................. 19

6. Homeowners Association ...........................................................................................................20

7. Enforcement...............................................................................................................................20

8. Other..........................................................................................................................................20 Resources...........................................................................................................................................22 Attachment 1: Statutory Changes (Strikeout/Italics and Underline).................................................23 Attachment 2: State Standards Checklist........................................................................................37 Attachment 3: Bibliography.............................................................................................................38 Item 9A63
Understanding Accessory Dwelling Units
(ADUs) and Their Importance
California’s housing production is not keeping pace with demand. In the last decade, less than half of the homes needed to keep up with the population growth were built.

Additionally, new homes are often constructed away from job-rich areas. This lack of housing that meets people’s needs is impacting affordability and causing average
housing costs, particularly for renters in California, to rise significantly. As affordable housing becomes less
accessible, people drive longer distances between
housing they can afford and their workplace or pack
themselves into smaller shared spaces, both of which
reduce quality of life and produce negative environmental impacts.
*******
Beyond traditional construction, widening the range of housing types can increase the housing supply and help more low-income Californians thrive. Examples of some of these housing types are Accessory Dwelling Units (ADUs - also referred to as second units, in-law units, casitas, or granny flats) and Junior Accessory Dwelling Units (JADUs).

ADUs tend to be significantly less expensive to build and offer benefits that address common development barriers such as affordability and environmental quality. Because ADUs must be built on lots with existing or proposed housing, they do not require paying for new land, dedicated parking or other costly infrastructure required to build a new single-family home. Because they are contained inside existing single-family homes, JADUs require relatively What is an ADU?
An ADU is an accessory dwelling unit with complete independent living facilities for one or more persons and has a few variations:
• Detached: The unit is separated from the primary structure. • Attached: The unit is attached to the primary structure. • Converted Existing Space: Space (e.g., master bedroom, attached garage, storage area, or similar use, or an accessory structure) on the lot of the primary residence that is converted into an independent living unit.
• Junior Accessory Dwelling Unit (JADU): A specific type of conversion of existing space that is contained entirely within an existing or proposed single-family residence.

Item 9A64
modest renovations and are much more affordable to complete. ADUs are often built with cost-effective one or two-story wood frames, which are also cheaper than other new homes. Additionally, prefabricated ADUs can be directly purchased and save much of the time and money that comes with new construction. ADUs can provide as much living space as apartments and condominiums and work well for couples, small families, friends, young people, and seniors.

Much of California’s housing crisis comes from job-rich, high-opportunity areas where the total housing stock is insufficient to meet demand and exclusionary practices have limited housing choice and inclusion. Professionals and students often prefer living closer to jobs and amenities rather than spending hours commuting. Parents often want better access to schools and do not necessarily require single-family homes to meet their needs. There is a shortage of affordable units, and the units that are available can be out of reach for many people. To address our state’s needs, homeowners can construct an ADU on their lot or convert an underutilized part of their home into a JADU. This flexibility benefits both renters and homeowners who can receive extra monthly rent income.

ADUs also give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care, thus helping extended families stay together while maintaining privacy. The space can be used for a variety of reasons, including adult children who can pay off debt and save up for living on their own.

New policies are making ADUs even more affordable to build, in part by limiting the development impact fees and relaxing zoning requirements. A 2019 study from the Terner Center on Housing Innovation noted that one unit of affordable housing in the Bay Area costs about $450,000. ADUs and JADUs can often be built at a fraction of that price and homeowners may use their existing lot to create additional housing, without being required to provide additional infrastructure. Often the rent generated from the ADU can pay for the entire project in a matter of years.

ADUs and JADUs are a flexible form of housing that can help Californians more easily access job-rich, highopportunity areas. By design, ADUs are more affordable and can provide additional income to homeowners. Local governments can encourage the development of ADUs and improve access to jobs, education, and services for many Californians.

Item 9A65
Summary of Recent Changes to Accessory
Dwelling Unit Laws
In Government Code Section 65852.150, the
California Legislature found and declared that, among
other things, allowing accessory dwelling units
(ADUs) in zones that allow single-family and
multifamily uses provides additional rental housing,
and is an essential component in addressing
California’s housing needs. Over the years, ADU law
has been revised to improve its effectiveness at
creating more housing units. Changes to ADU laws
effective January 1, 2021, further reduce barriers,
better streamline approval processes, and expand
capacity to accommodate the development of ADUs
and junior accessory dwelling units (JADUs).

ADUs are a unique opportunity to address a variety of
housing needs and provide affordable housing
options for family members, friends, students, the elderly, in-home health care providers, people with disabilities, and others. Further, ADUs offer an opportunity to maximize and integrate housing choices within existing neighborhoods.

Within this context, the California Department of Housing and Community Development (HCD) has prepared this guidance to assist local governments, homeowners, architects, and the general public in encouraging the development of ADUs. The following is a summary of recent legislation that amended ADU law: AB 3182 (2020) and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019). Please see Attachment 1 for the complete statutory changes for AB 3182 (2020) and SB 13, AB 68, AB 881, AB 587, AB 670, and AB 671 (2019).

AB 3182 (Ting)
Chapter 198, Statutes of 2020 (Assembly Bill 3182) builds upon recent changes to ADU law (Gov. Code, § 65852.2 and Civil Code Sections 4740 and 4741) to further address barriers to the development and use of ADUs and JADUs.

This recent legislation, among other changes, addresses the following:
• States that an application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. • Requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one ADU and one JADU per lot (not one or the other), within the proposed or existing singlefamily dwelling, if certain conditions are met. • Provides for the rental or leasing of a separate interest ADU or JADU in a common interest development, notwithstanding governing documents that otherwise appear to prohibit renting or leasing of a unit, and without regard to the date of the governing documents.

Item 9A66
• Provides for not less than 25 percent of the separate interest units within a common interest development be allowed as rental or leasable units.

AB 68 (Ting), AB 881 (Bloom), and SB 13 (Wieckowski)
Chapter 653, Statutes of 2019 (Senate Bill 13, Section 3), Chapter 655, Statutes of 2019 (Assembly Bill 68, Section 2) and Chapter 659 (Assembly Bill 881, Section 1.5 and 2.5) build upon recent changes to ADU and JADU law (Gov. Code § 65852.2, 65852.22) and further address barriers to the development of ADUs and JADUs.

This legislation, among other changes, addresses the following:
• Prohibits local agencies from including in development standards for ADUs requirements on minimum lot size (Gov. Code, § 65852.2, subd. (a)(1)(B)(i)).
• Clarifies areas designated by local agencies for ADUs may be based on the adequacy of water and sewer services as well as impacts on traffic flow and public safety (Gov. Code, § 65852.2, subd. (a)(1)(A)). • Eliminates all owner-occupancy requirements by local agencies for ADUs approved between January 1, 2020, and January 1, 2025 (Gov. Code, § 65852.2, subd. (a)(6)). • Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a permit to build an ADU of up to 800 square feet (Gov. Code, § 65852.2, subds. (c)(2)(B) & (C)). • Clarifies that when ADUs are created through the conversion of a garage, carport or covered parking structure, replacement of offstreet parking spaces cannot be required by the local agency (Gov. Code, § 65852.2, subd. (a)(1)(D)(xi)).
• Reduces the maximum ADU and JADU application review time from 120 days to 60 days (Gov. Code, § 65852.2, subd. (a)(3) and (b)).
• Clarifies that “public transit” includes various means of transportation that charge set fees, run on fixed routes and are available to the public (Gov. Code, § 65852.2, subd. (j)(10)). • Establishes impact fee exemptions and limitations based on the size of the ADU. ADUs up to 750 square feet are exempt from impact fees (Gov. Code § 65852.2, subd. (f)(3)); ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit (Gov. Code, § 65852.2, subd. (f)(3)). • Defines an “accessory structure” to mean a structure that is accessory or incidental to a dwelling on the same lot as the ADU (Gov. Code, § 65852.2, subd. (j)(2)). • Authorizes HCD to notify the local agency if HCD finds that their ADU ordinance is not in compliance with state law (Gov. Code, § 65852.2, subd. (h)(2)).
• Clarifies that a local agency may identify an ADU or JADU as an adequate site to satisfy Regional Housing Needs Allocation (RHNA) housing needs (Gov. Code, §§ 65583.1, subd. (a), and 65852.2, subd. (m)). • Permits JADUs even where a local agency has not adopted an ordinance expressly authorizing them (Gov. Code, § 65852.2, subds. (a)(3), (b), and (e)).

Item 9A67
• Allows a permitted JADU to be constructed within the walls of the proposed or existing single-family residence and eliminates the required inclusion of an existing bedroom or an interior entry into the singlefamily residence (Gov. Code § 65852.22, subd. (a)(4); former Gov. Code § 65852.22, subd. (a)(5)). • Requires, upon application and approval, a local agency to delay enforcement against a qualifying substandard ADU for five (5) years to allow the owner to correct the violation, so long as the violation is not a health and safety issue, as determined by the enforcement agency (Gov. Code, § 65852.2, subd. (n); Health & Safety Code, § 17980.12).

AB 587 (Friedman), AB 670 (Friedman), and AB 671 (Friedman) In addition to the legislation listed above, AB 587 (Chapter 657, Statutes of 2019), AB 670 (Chapter 178, Statutes of 2019), and AB 671 (Chapter 658, Statutes of 2019) also have an impact on state ADU law, particularly through Health and Safety Code Section 17980.12. These pieces of legislation, among other changes, address the following:
• AB 587 creates a narrow exemption to the prohibition for ADUs to be sold or otherwise conveyed separately from the primary dwelling by allowing deed-restricted sales to occur if the local agency adopts an ordinance. To qualify, the primary dwelling and the ADU are to be built by a qualified nonprofit corporation whose mission is to provide units to low-income households (Gov. Code, § 65852.26). • AB 670 provides that covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on a lot zoned for single-family residential use are void and unenforceable (Civ, Code, § 4751). • AB 671 requires local agencies’ housing elements to include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction and operation of affordable ADUs (Gov. Code, § 65583; Health & Safety Code, § 50504.5). .

Item 9A68
.

Frequently Asked Questions:

Accessory
Dwelling Units1

1. Legislative Intent
a. Should a local ordinance
encourage the
development of
accessory dwelling units?
Yes. Pursuant to Government Code
Section 65852.150, the California
Legislature found and declared that,
among other things, California is facing
a severe housing crisis and ADUs are
a valuable form of housing that meets
the needs of family members,
students, the elderly, in-home health
care providers, people with disabilities
and others. Therefore, ADUs are an
essential component of California’s
housing supply.

ADU law and recent changes intend to
address barriers, streamline approval,
1 Note: Unless otherwise noted, the Government Code section referenced is 65852.2.

Government Code 65852.150:
(a) The Legislature finds and declares all of the following:
(1) Accessory dwelling units are a valuable form of housing in California.
(2) Accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. (3) Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security.
(4) Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California.
(5) California faces a severe housing crisis.
(6) The state is falling far short of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (7) Accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing
neighborhoods, while respecting architectural character. (8) Accessory dwelling units are, therefore, an essential component of California’s housing supply.
(b) It is the intent of the Legislature that an accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.

Item 9A69
and expand potential capacity for ADUs, recognizing their unique importance in addressing California’s housing needs. The preparation, adoption, amendment, and implementation of local ADU ordinances must be carried out consistent with Government Code, Section 65852.150 and must not unduly constrain the creation of ADUs. Local governments adopting ADU ordinances should carefully weigh the adoption of zoning, development standards, and other provisions for impacts on the development of ADUs.

In addition, ADU law is the statutory minimum requirement. Local governments may elect to go beyond this statutory minimum and further the creation of ADUs. Many local governments have embraced the importance of ADUs as an important part of their overall housing policies and have pursued innovative strategies. (Gov. Code, § 65852.2, subd. (g)).

2. Zoning, Development and Other Standards
A) Zoning and Development Standards
• Are ADUs allowed jurisdiction wide?
No. ADUs proposed pursuant to subdivision (e) must be considered in any residential or mixed-use zone.

For other ADUs, local governments may, by ordinance, designate areas in zones where residential uses are permitted that will also permit ADUs. However, any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service, and the impacts on traffic flow and public safety.

Further, local governments may not preclude the creation of ADUs altogether, and any limitation should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors.

Examples of public safety include severe fire hazard areas and inadequate water and sewer service and includes cease and desist orders. Impacts on traffic flow should consider factors like lesser car ownership rates for ADUs and the potential for ADUs to be proposed pursuant to Government Code section 65852.2, subdivision (e). Finally, local governments may develop alternative procedures, standards, or special conditions with mitigations for allowing ADUs in areas with potential health and safety concerns. (Gov.

Code, § 65852.2, subd. (e))
Residential or mixed-use zone should be construed broadly to mean any zone where residential uses are permitted by-right or by conditional use.
• Can a local government apply design and development standards? Yes. A local government may apply development and design standards that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources.

However, these standards shall be sufficiently objective to allow ministerial review of an ADU. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i))
ADUs created under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in the subdivision.

Item 9A70
What does objective mean?
“objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Gov Code § 65913.4, subd. (a)(5) ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process if the applicant chooses to do so. Some jurisdictions with compliant ADU ordinances apply additional processes to further the creation of ADUs that do not otherwise comply with the minimum standards necessary for ministerial review. Importantly, these processes are intended to provide additional opportunities to create ADUs that would not otherwise be permitted, and a discretionary process may not be used to review ADUs that are fully compliant with ADU law. Examples of these processes include areas where additional health and safety concerns must be considered, such as fire risk.
• Can ADUs exceed general plan and zoning densities?
Yes. An ADU is an accessory use for the purposes of calculating allowable density under the general plan and zoning that does not count toward the allowable density. For example, if a zoning district allows one unit per 7,500 square feet, then an ADU would not be counted as an additional unit. Further, local governments could elect to allow more than one ADU on a lot, and ADUs are automatically a residential use deemed consistent with the general plan and zoning. (Gov. Code, § 65852.2, subd. (a)(1)(C).) • Are ADUs permitted ministerially?
Yes. ADUs must be considered, approved, and permitted ministerially, without discretionary action.

Development and other decision-making standards must be sufficiently objective to allow for ministerial review. Examples include numeric and fixed standards such as heights or setbacks, or design standards such as colors or materials. Subjective standards require judgement and can be interpreted in multiple ways such as privacy, compatibility with neighboring properties or promoting harmony and balance in the community; subjective standards shall not be imposed for ADU development. Further, ADUs must not be subject to a hearing or any ordinance regulating the issuance of variances or special use permits and must be considered ministerially. (Gov. Code, § 65852.2, subd. (a)(3).) • Can I create an ADU if I have multiple detached dwellings on a lot? Yes. A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure or a new construction detached ADU subject to certain development standards. • Can I build an ADU in a historic district, or if the primary residence is subject to historic preservation?
Yes. ADUs are allowed within a historic district, and on lots where the primary residence is subject to historic preservation. State ADU law allows for a local agency to impose standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources. However, these standards do not apply to ADUs proposed pursuant to Government Code section 65852.2, subdivision (e).

Item 9A71
As with non-historic resources, a jurisdiction may impose objective and ministerial standards that are sufficiently objective to be reviewed ministerially and do not unduly burden the creation of ADUs.

Jurisdictions are encouraged to incorporate these standards into their ordinance and submit these standards along with their ordinance to HCD. (Gov. Code, § 65852.2, subds. (a)(1)(B)(i) & (a)(5).) B) Size Requirements
• Is there a minimum lot size requirement?
No. While local governments may impose standards on ADUs, these standards shall not include minimum lot size requirements. Further, lot coverage requirements cannot preclude the creation of a statewide exemption ADU (800 square feet ADU with a height limitation of 16 feet and 4 feet side and rear yard setbacks). If lot coverage requirements do not allow such an ADU, an automatic exception or waiver should be given to appropriate development standards such as lot coverage, floor area or open space requirements. Local governments may continue to enforce building and health and safety standards and may consider design, landscape, and other standards to facilitate compatibility.

What is a statewide exemption ADU?
A statewide exemption ADU is an ADU of up to 800 square feet, 16 feet in height, as potentially limited by a local agency, and with 4 feet side and rear yard setbacks. ADU law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU.

Further, ADU law allows the construction of a detached new construction statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance.

See more discussion below.
• Can minimum and maximum unit sizes be established for ADUs? Yes. A local government may, by ordinance, establish minimum and maximum unit size requirements for both attached and detached ADUs. However, maximum unit size requirements must be at least 850 square feet and 1,000 square feet for ADUs with more than one bedroom. For local agencies without an ordinance, maximum unit sizes are 1,200 square feet for a new detached ADU and up to 50 percent of the floor area of the existing primary dwelling for an attached ADU (at least 800 square feet). Finally, the local agency must not establish by ordinance a minimum square footage requirement that prohibits an efficiency unit, as defined in Health and Safety Code section 17958.1.

The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to size requirements. For example, an existing 3,000 square foot barn converted to an ADU would not be subject to the size requirements, regardless if a local government has an adopted ordinance.

Should an applicant want to expand an accessory structure to create an ADU beyond 150 square feet, this ADU would be subject to the size maximums outlined in state ADU law, or the local agency’s adopted ordinance.
• Can a percentage of the primary dwelling be used for a maximum unit size? Yes. Local agencies may utilize a percentage (e.g., 50 percent) of the primary dwelling as a maximum unit size for attached or detached ADUs but only if it does not restrict an ADU’s size to less than the standard of at least 850 square feet (or at least 1000 square feet for ADUs with more than one bedroom). Local agencies must not, by ordinance, establish any other minimum or maximum unit sizes, including based on Item 9A72
a percentage of the primary dwelling, that precludes a statewide exemption ADU. Local agencies utilizing percentages of the primary dwelling as maximum unit sizes could consider multi-pronged standards to help navigate these requirements (e.g., shall not exceed 50 percent of the dwelling or 1,000 square feet, whichever is greater).
• Can maximum unit sizes exceed 1,200 square feet for ADUs? Yes. Maximum unit sizes, by ordinance, can exceed 1,200 square feet for ADUs. ADU law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs (Gov. Code, § 65852.2, subd. (g)).

Larger unit sizes can be appropriate in a rural context or jurisdictions with larger lot sizes and is an important approach to creating a full spectrum of ADU housing choices.

C) Parking Requirements
• Can parking requirements exceed one space per unit or bedroom? No. Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. Guest parking spaces shall not be required for ADUs under any circumstances.

What is Tandem Parking?
Tandem parking means two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. (Gov. Code, § 65852.2, subds. (a)(1)(D)(x)(I) and (j)(11).) Local agencies may choose to eliminate or reduce parking requirements for ADUs such as requiring zero or half a parking space per each ADU.
• Is flexibility for siting parking required?
Yes. Local agencies should consider flexibility when siting parking for ADUs. Offstreet parking spaces for the ADU shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made. Specific findings must be based on specific site or regional topographical or fire and life safety conditions.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, the local agency shall not require that those offstreet parking spaces for the primary unit be replaced. (Gov. Code, § 65852.2, subd. (a)(D)(xi).) • Can ADUs be exempt from parking?
Yes. A local agency shall not impose ADU parking standards for any of the following, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10). (1) Accessory dwelling unit is located within one-half mile walking distance of public transit.

Item 9A73
(2) Accessory dwelling unit is located within an architecturally and historically significant historic district. (3) Accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.

Note: For the purposes of state ADU law, a jurisdiction may use the designated areas where a car share vehicle may be accessed. Public transit is any location where an individual may access buses, trains, subways and other forms of transportation that charge set fares, run on fixed routes and are available to the general public. Walking distance is defined as the pedestrian shed to reach public transit. Additional parking requirements to avoid impacts to public access may be required in the coastal zone.

D) Setbacks
• Can setbacks be required for ADUs?
Yes. A local agency may impose development standards, such as setbacks, for the creation of ADUs.

Setbacks may include front, corner, street, and alley setbacks. Additional setback requirements may be required in the coastal zone if required by a local coastal program. Setbacks may also account for utility easements or recorded setbacks. However, setbacks must not unduly constrain the creation of ADUs and cannot be required for ADUs proposed pursuant to subdivision (e). Further, a setback of no more than four feet from the side and rear lot lines shall be required for an attached or detached ADU. (Gov. Code, § 65852.2, subd. (a)(1)(D)(vii).)
A local agency may also allow the expansion of a detached structure being converted into an ADU when the existing structure does not have four-foot rear and side setbacks. A local agency may also allow the expansion area of a detached structure being converted into an ADU to have no setbacks, or setbacks of less than four feet, if the existing structure has no setbacks, or has setbacks of less than four feet. A local agency shall not require setbacks of more than four feet for the expanded area of a detached structure being converted into an ADU.

A local agency may still apply front yard setbacks for ADUs, but front yard setbacks cannot preclude a statewide exemption ADU and must not unduly constrain the creation of all types of ADUs. (Gov. Code, § 65852.2, subd. (c).)
E) Height Requirements
• Is there a limit on the height of an ADU or number of stories? Not in state ADU law, but local agencies may impose height limits provided that the limit is no less than 16 feet. (Gov. Code, § 65852.2, subd. (a)(1)(B)(i).)
F) Bedrooms
• Is there a limit on the number of bedrooms?
Item 9A74
State ADU law does not allow for the limitation on the number of bedrooms of an ADU. A limit on the number of bedrooms could be construed as a discriminatory practice towards protected classes, such as familial status, and would be considered a constraint on the development of ADUs.

G) Impact Fees
• Can impact fees be charged for an ADU less than 750 square feet? No. An ADU is exempt from incurring impact fees from local agencies, special districts, and water corporations if less than 750 square feet. Should an ADU be 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.

What is “Proportionately”?
“Proportionately” is some amount that corresponds to a total amount, in this case, an impact fee for a single-family dwelling. For example, a 2,000 square foot primary dwelling with a proposed 1,000 square foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling. Otherwise, the fee is not calculated proportionately. When utilizing proportions, careful consideration should be given to the impacts on costs, feasibility, and ultimately, the creation of ADUs. In the case of the example above, anything greater than 50 percent of the primary dwelling could be considered a constraint on the development of ADUs.

For purposes of calculating the fees for an ADU on a lot with a multifamily dwelling, the proportionality shall be based on the average square footage of the units within that multifamily dwelling structure. For ADUs converting existing space with a 150 square foot expansion, a total ADU square footage over 750 square feet could trigger the proportionate fee requirement. (Gov. Code, § 65852.2, subd. (f)(3)(A).) • Can local agencies, special districts or water corporations waive impact fees? Yes. Agencies can waive impact and any other fees for ADUs. Also, local agencies may also use fee deferrals for applicants.
• Can school districts charge impact fees?
Yes. School districts are authorized but do not have to levy impact fees for ADUs greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet are not subject to school impact fees. Local agencies are encouraged to coordinate with school districts to carefully weigh the importance of promoting ADUs, ensuring appropriate nexus studies and appropriate fees to facilitate construction or reconstruction of adequate school facilities. • What types of fees are considered impact fees?
Impact fees charged for the construction of ADUs must be determined in accordance with the Mitigation Fee Act and generally include any monetary exaction that is charged by a local agency in connection with the approval of an ADU, including impact fees, for the purpose of defraying all or a portion of the cost of public facilities relating to the ADU. A local agency, special district or water corporation shall not consider ADUs as a new residential use for the purposes of calculating connection fees or capacity charges for Item 9A75
utilities, including water and sewer services. However, these provisions do not apply to ADUs that are constructed concurrently with a new single-family home. (Gov. Code, §§ 65852.2, subd. (f), and 66000) • Can I still be charged water and sewer connection fees? ADUs converted from existing space and JADUs shall not be considered by a local agency, special district or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless constructed with a new single-family dwelling. The connection fee or capacity charge shall be proportionate to the burden of the proposed ADU, based on its square footage or plumbing fixtures as compared to the primary dwelling. State ADU law does not cover monthly charge fees. (Gov.

Code, § 65852.2, subd. (f)(2)(A).)
H) Conversion of Existing Space in Single Family, Accessory and Multifamily Structures and Other Statewide Permissible ADUs (Subdivision (e)) • Are local agencies required to comply with subdivision (e)? Yes. All local agencies must comply with subdivision (e). This subdivision requires the ministerial approval of ADUs within a residential or mixed-use zone. The subdivision creates four categories of ADUs that should not be subject to other specified areas of ADU law, most notably zoning and development standards. For example, ADUs under this subdivision should not have to comply with lot coverage, setbacks, heights, and unit sizes. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e) are:
b. One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling, or a JADU within the walls of the single family residence, or an ADU within an existing accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety. c. One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and may be required to meet a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.
d. Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs and up to 25 percent of the existing multifamily structures. e. Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and 4-foot rear and side yard setbacks.

The above four categories are not required to be combined. For example, local governments are not required to allow (a) and (b) together or (c) and (d) together. However, local agencies may elect to allow these ADU types together.

Local agencies shall allow at least one ADU to be created within the non-livable space within multifamily dwelling structures, or up to 25 percent of the existing multifamily dwelling units within a structure and may also allow not more than two ADUs on the lot detached from the multifamily dwelling structure. New detached units are subject to height limits of 16 feet and shall not be required to have side and rear setbacks of more than four feet.

Item 9A76
The most common ADU that can be created under subdivision (e) is a conversion of proposed or existing space of a single-family dwelling or accessory structure into an ADU, without any prescribed size limitations, height, setback, lot coverage, architectural review, landscape, or other development standards.

This would enable the conversion of an accessory structure, such as a 2,000 square foot garage, to an ADU without any additional requirements other than compliance with building standards for dwellings.

These types of ADUs are also eligible for a 150 square foot expansion (see discussion below).

ADUs created under subdivision (e) shall not be required to provide replacement or additional parking.

Moreover, these units shall not, as a condition for ministerial approval, be required to correct any existing or created nonconformity. Subdivision (e) ADUs shall be required to be rented for terms longer than 30 days, and only require fire sprinklers if fire sprinklers are required for the primary residence. These ADUs shall not be counted as units when calculating density for the general plan and are not subject to owneroccupancy. • Can I convert my accessory structure into an ADU?
Yes. The conversion of garages, sheds, barns, and other existing accessory structures, either attached or detached from the primary dwelling, into ADUs is permitted and promoted through the state ADU law.

These conversions of accessory structures are not subject to any additional development standard, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes. A local agency should not set limits on when the structure was created, and the structure must meet standards for health and safety. Finally, local governments may also consider the conversion of illegal existing space and could consider alternative building standards to facilitate the conversion of existing illegal space to minimum life and safety standards. • Can an ADU converting existing space be expanded?
Yes. An ADU created within the existing or proposed space of a single-family dwelling or accessory structure can be expanded beyond the physical dimensions of the structure. In addition, an ADU created within an existing accessory structure may be expanded up to 150 square feet without application of local development standards, but this expansion shall be limited to accommodating ingress and egress. An example of where this expansion could be applicable is for the creation of a staircase to reach a second story ADU. These types of ADUs shall conform to setbacks sufficient for fire and safety.

A local agency may allow for an expansion beyond 150 square feet, though the ADU would have to comply with the size maximums as per state ADU law, or a local agency’s adopted ordinance.

As a JADU is limited to being created within the walls of a primary residence, this expansion of up to 150 square feet does not pertain to JADUs.

I) Nonconforming Zoning Standards
• Does the creation of an ADU require the applicant to carry out public improvements? No physical improvements shall be required for the creation or conversion of an ADU. Any requirement to carry out public improvements is beyond what is required for the creation of an ADU, as per state law. For example, an applicant shall not be required to improve sidewalks, carry out street improvements, or access improvements to create an ADU. Additionally, as a condition for ministerial approval of an ADU, an applicant shall not be required to correct nonconforming zoning conditions. (Gov. Code, § 65852.2, subd. (e)(2).)
Item 9A77
J) Renter and Owner-occupancy
• Are rental terms required?
Yes. Local agencies may require that the property be used for rentals of terms longer than 30 days. ADUs permitted ministerially, under subdivision (e), shall be rented for terms longer than 30 days. (Gov. Code, § 65852.2, subds. (a)(6) & (e)(4).)
• Are there any owner-occupancy requirements for ADUs?
No. Prior to recent legislation, ADU laws allowed local agencies to elect whether the primary dwelling or ADU was required to be occupied by an owner. The updates to state ADU law removed the owneroccupancy allowance for newly created ADUs effective January 1, 2020. The new owner-occupancy exclusion is set to expire on December 31, 2024. Local agencies may not retroactively require owner occupancy for ADUs permitted between January 1, 2020, and December 31, 2024.

However, should a property have both an ADU and JADU, JADU law requires owner-occupancy of either the newly created JADU, or the single-family residence. Under this specific circumstance, a lot with an ADU would be subject to owner-occupancy requirements. (Gov. Code, § 65852.2, subd. (a)(2).) K) Fire Sprinkler Requirements
• Are fire sprinklers required for ADUs?
No. Installation of fire sprinklers may not be required in an ADU if sprinklers are not required for the primary residence. For example, a residence built decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. Therefore, an ADU created on this lot cannot be required to install fire sprinklers. However, if the same primary dwelling recently undergoes significant remodeling and is now required to have fire sprinklers, any ADU created after that remodel must likewise install fire sprinklers. (Gov. Code, § 65852.2, subds. (a)(1)(D)(xii) and (e)(3).) Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the “primary residence” for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers.

L) Solar Panel Requirements
• Are solar panels required for new construction ADUs?
Yes, newly constructed ADUs are subject to the Energy Code requirement to provide solar panels if the unit(s) is a newly constructed, non-manufactured, detached ADU. Per the California Energy Commission (CEC), the panels can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non-residential to residential space, are not subject to the Energy Code requirement to provide solar panels.

Item 9A78
Please refer to the CEC on this matter. For more information, see the CEC’s website www.energy.ca.gov.

You may email your questions to: [email protected], or contact the Energy Standards Hotline at 800- 772-3300. CEC memos can also be found on HCD’s website at https://www.hcd.ca.gov/policyresearch/AccessoryDwellingUnits.shtml.

3. Junior Accessory Dwelling Units (JADUs) – Government Code Section 65852.22 • Are two JADUs allowed on a lot?
No. A JADU may be created on a lot zoned for single-family residences with one primary dwelling. The JADU may be created within the walls of the proposed or existing single-family residence, including attached garages, as attached garages are considered within the walls of the existing single-family residence. Please note that JADUs created in the attached garage are not subject to the same parking protections as ADUs and could be required by the local agency to provide replacement parking.

JADUs are limited to one per residential lot with a single-family residence. Lots with multiple detached single-family dwellings are not eligible to have JADUs. (Gov. Code, § 65852.22, subd. (a)(1).) • Are JADUs allowed in detached accessory structures?
No, JADUs are not allowed in accessory structures. The creation of a JADU must be within the singlefamily residence. As noted above, attached garages are eligible for JADU creation. The maximum size for a JADU is 500 square feet. (Gov. Code, § 65852.22, subds. (a)(1), (a)(4), and (h)(1).) • Are JADUs allowed to be increased up to 150 square feet when created within an existing structure?
No. Only ADUs are allowed to add up to 150 square feet “beyond the physical dimensions of the existing accessory structure” to provide for ingress. (Gov. Code, § 65852.2, subd. (e)(1)(A)(i).) This provision extends only to ADUs and excludes JADUs. A JADU is required to be created within the single-family residence.
• Are there any owner-occupancy requirements for JADUs? Yes. There are owner-occupancy requirements for JADUs. The owner must reside in either the remaining portion of the primary residence, or in the newly created JADU. (Gov. Code, § 65852.22, subd. (a)(2).)

4. Manufactured Homes and ADUs
• Are manufactured homes considered to be an ADU?
Yes. An ADU is any residential dwelling unit with independent facilities and permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU includes a manufactured home (Health & Saf. Code, § 18007).

Item 9A79

5. ADUs and the Housing Element
• Do ADUs and JADUs count toward a local agency’s Regional Housing Needs Allocation? Yes. Pursuant to Government Code section 65852.2 subdivision (m), and section 65583.1, ADUs and JADUs may be utilized towards the Regional Housing Need Allocation (RHNA) and Annual Progress Report (APR) pursuant to Government Code section 65400. To credit a unit toward the RHNA, HCD and the Department of Finance (DOF) utilize the census definition of a housing unit. Generally, an ADU, and a JADU with shared sanitation facilities, and any other unit that meets the census definition, and is reported to DOF as part of the DOF annual City and County Housing Unit Change Survey, can be credited toward the RHNA based on the appropriate income level. The housing element or APR must include a reasonable methodology to demonstrate the level of affordability. Local governments can track actual or anticipated affordability to assure ADUs and JADUs are counted towards the appropriate income category. For example, some local governments request and track information such as anticipated affordability as part of the building permit or other applications.
• Is analysis required to count ADUs toward the RHNA in the housing element? Yes. To calculate ADUs in the housing element, local agencies must generally use a three-part approach:
(1) development trends, (2) anticipated affordability and (3) resources and incentives. Development trends must consider ADUs permitted in the prior planning period and may also consider more recent trends.

Anticipated affordability can use a variety of methods to estimate the affordability by income group.

Common approaches include rent surveys of ADUs, using rent surveys and square footage assumptions and data available through the APR pursuant to Government Code section 65400. Resources and incentives include policies and programs to encourage ADUs, such as prototype plans, fee waivers, expedited procedures and affordability monitoring programs. • Are ADUs required to be addressed in the housing element? Yes. The housing element must include a description of zoning available to permit ADUs, including development standards and analysis of potential constraints on the development of ADUs. The element must include programs as appropriate to address identified constraints. In addition, housing elements must Health and Safety Code section 18007, subdivision (a): “Manufactured home,” for the purposes of this part, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

Item 9A80
include a plan that incentivizes and promotes the creation of ADUs that can offer affordable rents for very low, low-, or moderate-income households and requires HCD to develop a list of state grants and financial incentives in connection with the planning, construction and operation of affordable ADUs. (Gov. Code, § 65583 and Health & Saf. Code, § 50504.5.)

6. Homeowners Association
• Can my local Homeowners Association (HOA) prohibit the construction of an ADU or JADU?
No. Assembly Bill 670 (2019) and AB 3182 (2020) amended Section 4751, 4740, and 4741 of the Civil Code to preclude common interest developments from prohibiting or unreasonably restricting the construction or use, including the renting or leasing of, an ADU on a lot zoned for single-family residential use. Covenants, conditions and restrictions (CC&Rs) that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable or may be liable for actual damages and payment of a civil penalty. Applicants who encounter issues with creating ADUs or JADUs within CC&Rs are encouraged to reach out to HCD for additional guidance.

7. Enforcement
• Does HCD have enforcement authority over ADU ordinances? Yes. After adoption of the ordinance, HCD may review and submit written findings to the local agency as to whether the ordinance complies with state ADU law. If the local agency’s ordinance does not comply, HCD must provide a reasonable time, no longer than 30 days, for the local agency to respond, and the local agency shall consider HCD’s findings to amend the ordinance to become compliant. If a local agency does not make changes and implements an ordinance that is not compliant with state law, HCD may refer the matter to the Attorney General.

In addition, HCD may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify ADU law.

8. Other
• Are ADU ordinances existing prior to new 2020 laws null and void? No. Ordinances existing prior to the new 2020 laws are only null and void to the extent that existing ADU ordinances conflict with state law. Subdivision (a)(4) of Government Code Section 65852.2 states an ordinance that fails to meet the requirements of subdivision (a) shall be null and void and shall apply the state standards (see Attachment 3) until a compliant ordinance is adopted. However, ordinances that substantially comply with ADU law may continue to enforce the existing ordinance to the extent it complies with state law. For example, local governments may continue the compliant provisions of an ordinance and apply the state standards where pertinent until the ordinance is amended or replaced to fully comply with ADU law. At the same time, ordinances that are fundamentally incapable of being enforced because key provisions are invalid -- meaning there is not a reasonable way to sever conflicting provisions and apply the remainder of an ordinance in a way that is consistent with state law -- would be fully null and void and must follow all state standards until a compliant ordinance is adopted.

Item 9A81
• Do local agencies have to adopt an ADU ordinance?
No. Local governments may choose not to adopt an ADU ordinance. Should a local government choose to not adopt an ADU ordinance, any proposed ADU development would be only subject to standards set in state ADU law. If a local agency adopts an ADU ordinance, it may impose zoning, development, design, and other standards in compliance with state ADU law. (See Attachment 4 for a state standards checklist.) • Is a local government required to send an ADU ordinance to the California Department of Housing and Community Development (HCD)?
Yes. A local government, upon adoption of an ADU ordinance, must submit a copy of the adopted ordinance to HCD within 60 days after adoption. After the adoption of an ordinance, the Department may review and submit written findings to the local agency as to whether the ordinance complies with this section. (Gov. Code, § 65852.2, subd. (h)(1).)
Local governments may also submit a draft ADU ordinance for preliminary review by HCD. This provides local agencies the opportunity to receive feedback on their ordinance and helps to ensure compliance with the new state ADU law.
• Are charter cities and counties subject to the new ADU laws? Yes. ADU law applies to a local agency which is defined as a city, county, or city and county, whether general law or chartered. (Gov. Code, § 65852.2, subd. (j)(5)).

Further, pursuant to Chapter 659, Statutes of 2019 (AB 881), the Legislature found and declared ADU law as “…a matter of statewide concern rather than a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution” and concluded that ADU law applies to all cities, including charter cities.
• Do the new ADU laws apply to jurisdictions located in the Coastal Zone? Yes. ADU laws apply to jurisdictions in the Coastal Zone, but do not necessarily alter or lessen the effect or application of Coastal Act resource protection policies. (Gov. Code, § 65852.22, subd. (l)).

Coastal localities should seek to harmonize the goals of protecting coastal resources and addressing housing needs of Californians. For example, where appropriate, localities should amend Local Coastal Programs for California Coastal Commission review to comply with the California Coastal Act and new ADU laws. For more information, see the California Coastal Commission 2020 Memo and reach out to the locality’s local Coastal Commission district office.
• What is considered a multifamily dwelling?
For the purposes of state ADU law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of state ADU law.

Item 9A82
City of Colfax Colfax Railroad Days Funding Request
Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023 REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Colfax Railroad Days
Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: TBD Fund(s): 100
Summary/Background
Staff received a letter from Colfax Railroad Days Inc. announcing the intent of the Colfax Railroad Days event to be held in Colfax on September 16th and 17th and explained the general event costs as well as the organization’s fundraising efforts. The letter requests a donation in the amount of $2,500 for this year’s event.

This is the same amount that the City donated last year.

Staff has prepared a historical analysis of City contributions for events reflected in the chart below:

Staff is requesting the council discuss the Colfax Railroad Days request and provide direction.

Fiscal Impact:

City contributions to events are funded by the Fund 100 (General Fund). The current year (fiscal year 2023- 2024) budget was adopted in the amount of $20,000 of which $0 has already been expended – leaving a budget balance of $20,000 for all annual events.

Attachments:

1. Colfax Railroad Days Letter
RECOMMENDED ACTION: Discuss and consider Colfax Railroad Days Inc.’s request of $2,500 to fund the Colfax Railroad Days general event costs.

Item 9B83
Colfax Railroad Days Inc.

PO Box 323
Colfax CA 95713
EIN 83-3305674701D
City of Colfax: July 25, 2023
On September 16th & 17th Colfax Railroad Days will be holding its annual event. This event is to celebrate Colfax’s participation in the construction of the transcontinental railroad and to promote the City of Colfax.

Each year thousands of people attend this event. Some of the main attractions are the Union Pacific display of locomotive equipment, train setups, craft vendors, music and, of course, food.

Our organization raises money through donations from family and friends, businesses and various other donations. The cost of hosting the Colfax Railroad Days is covered through corporate donations.

Therefore, all the money raised directly benefits Colfax Railroad Days.

Last year, CRRD raised over $6300, while expenses were over $6700. As you can see we are keeping to the spirit of non-profit.

We are proud to be a part of Colfax Railroad Days and would appreciate any support you are able to offer. We have made a commitment to this event, but we cannot continue our tradition of success without help from family and friends. We have set a personal goal to raise $7000 by September 10th. We would sincerely appreciate if the City of Colfax would give us a donation in the amount of $2500. This is the same amount the City of Colfax so generously donated last year.

All donations to this educational non-profit are tax-deductible. All checks should be made payable to Colfax Railroad Days Inc. Please send your donation to: PO Box 323, Colfax CA 95713.

Please feel free to call us at 530-401-7760 if you have any questions regarding Colfax Railroad Days.

Thank you for your time and consideration.

Sincerely,
Fred Abbott, President
Reene Abbott, Secretary/Treasurer
Item 9B84
t
City of Colfax Emergency Services Ad Hoc Committee
Staff Report August 23, 2023
Staff Report to City Council
FOR THE AUGUST 23, 2023, REGULAR CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Prepared by: Marguerite Bailey, City Clerk
Subject: Expansion and Name Change of the ISO Ad Hoc Committee to the Emergency Services Ad Hoc Committee Budget Impact Overview:

N/A: √ Funded: Un-funded: Amount: Fund(s):

Summary/Background
The Insurance Services Office (ISO) Ad Hoc Committee was originally established to negotiate the rates for the City’s Fire Insurance and obtain the best coverage and lowest rates.

At the July 26, 2023 Regular City Council Meeting, Council expressed the desire to expand the current ISO Ad Hoc Committee to include overseeing the contractual obligations with Placer County Sheriff’s Office and Placer County Fire Department/CALFIRE for providing law enforcement and fire and emergency medical services for the City of Colfax. It is suggested to change the name of the committee to the Emergency Services Ad Hoc Committee to more accurately convey it’s purpose.

Fiscal Impacts
None
Attachments:

None
RECOMMENDED ACTION: To expand the ISO Ad Hoc Committee to not only include oversight of insurance obligations, but also oversee the contractual obligations with the Placer County Sheriff’s Office and Placer County Fire Department/CALFIRE for providing law enforcement and fire and emergency medical services for the City of Colfax.

Item 9C85

Colfax City CouncilAugust 23, 2023

Colfax City Council
August 23, 2023