Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
site, all such items, including ceremonial items and archaeological items, should be turned over to the applicable tribe(s) for appropriate treatment, unless otherwise ordered by a court or agency of competent jurisdiction. The project proponent should waive any and all claims to ownership of tribal ceremonial and cultural items, including archaeological items, which may be found on a project site in favor of the applicable tribe(s). If any intermediary, for example, an archaeologist retained by the project proponent, is necessary, said entity or individual shall not possess those items for longer than is reasonably necessary, as determined solely by the applicable tribe(s). resource discoveries
CULT-4: Inadvertent Discoveries. In the event that additional significant site(s) not identified as significant in a project environmental review process, but are later determined to be significant, are located within a project impact area, such sites will be subjected to further archaeological and cultural significance evaluation by the project proponent, lead agency, and the applicable tribe(s) to determine if additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources. If there are human remains present that have been identified as Native American, all work will cease for a period of up to 30 days in accordance with federal law.
Project applicant In the event of human
remains being discovered
during the course of ground
disturbance from the project
City of Colfax
4.7 GEOLOGY AND SOILS AND MINERAL RESOURCES
GEO-1: Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during ground-disturbing activities, as outlined in Mitigation Measure GEO-2.
Project Applicant Prior to issuance of a
grading permit
City of Colfax
GEO-2: In the event of any fossil discovery, regardless of depth or geologic formation, ground-disturbing activities shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility, in accordance with the standards of the Society of Vertebrate Paleontology. The repository shall be identified, and a curatorial arrangement shall be signed prior to the Project Applicant In the event of any fossil
discovery
City of Colfax
Item 5A
183
COLFAX GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM
C ITY OF COLFAX
3. Mitigation Monitoring Requirements
Month 2022 Page 11
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
collection of the fossils.
MIN-1: Pursuant to the Public Resources Code, the Surface Mining and Reclamation Act, Chapter 9, Article 4, Section 2762(e), prior to the issuance of a grading permit on lands classified by the State Geologist as MRZ-1 or MRZ-3, the Placer County Geologist shall make a site-specific determination as to the site’s potential to contain or yield important or significant mineral resources of value to the region and the residents of the State of California.
If it is determined by the County Geologist that lands classified as MRZ-3 have the potential to yield significant mineral resources that may be of “regional or statewide significance” and the proposed use is considered “incompatible” (as defined by Section 3675 of Title 14, Article 6, of the California Code of Regulations) and could threaten the potential to extract said minerals, the future project applicant(s) shall prepare an evaluation of the area to ascertain the significance of the mineral deposit located therein.
This site-specific mineral resources study shall be performed to, at a minimum, document the site’s known or inferred geological conditions; describe the existing levels of development on or near the site which might preclude mining as a viable adjacent use; and analyze the State standards for designating land as having “regional or statewide significance” under the Surface Mining and Reclamation Act. The results of such evaluation shall be transmitted to the State Geologist and the State Mining and Geology Board. Should significant mineral resources be identified, the future project applicant(s) shall either avoid said resource or incorporate appropriate findings subject to a site-specific discretionary review and California Environmental Quality Act process.
Project applicant,
Placer County Geologist
Prior to issuance of grading
permit
City of Colfax
Item 5A 184
COLFAX GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM
C ITY OF COLFAX
Appendix
PlaceWorks
4. Mitigation Monitoring Reports
Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to dispute arbitration enforcement resolution. Specific reports include:
Field Check Report
Implementation Compliance Report
Arbitration/Enforcement Report
4.1 FIELD CHECK REPORT
Field check reports are required to record in-field compliance and conditions.
4.2 IMPLEMENTATION COMPLIANCE REPORT
The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor’s signature.
4.3 ARBITRATION/ENFORCEMENT REPORT
The Arbitration/Enforcement Report (AER) is prepared to document the outcome of arbitration committee review and becomes a portion of the ICR.
Item 5A 185
COLFAX GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM
C ITY OF COLFAX
Appendix
November 2023
This page intentionally left blank.
Item 5A 186
CITY OF COLFAX
ORDINANCE NO. 556
AN ORDIANCE OF THE CITY OF COLFAX AMENDING
TITLE 17 – ZONING OF THE COLFAX MUNICIPAL CODE
The City Council of the City of Colfax does ordain as follows:
Section 1.
The following provisions of Colfax Municipal Code Title 17 are hereby amended in the form and substance contained in the Ordinance attached hereto as Exhibit A and incorporated by this reference. Exhibit A shows additions with double-underlined text and deletions with strike-out text. The double underlined text and strike out text will not appear in the codified ordinance.
Chapter 17.20 amends the zoning map as shown in the updated zoning map and as indicated in the table attached hereto as Exhibit B;
Chapter 17.68 establishes development standards for the Civic District; Chapter 17.74 establishes residential density standards for the MU1 and MU2 zones; Chapter 17.80 establishes a conditional use permit (CUP) requirement for any use proposed that occupies more than 15,000 square feet in the industrial zone, amends the chart of industrial uses to remove agricultural uses, consolidates the Light Industrial and Heavy Industrial use columns, requires a CUP for self-service storage facilities, and adds storage facilities for recreational and large vehicles subject to a CUP.
Chapter 17.84 repeals section 17.84.030 to remove the “SD” Special development overlay zone.
Section 2. Superseding Provisions
The provisions of this Ordinance and any resolution adopted pursuant hereto shall supersede and repeal any previous Ordinance or resolution to the extent the same is in conflict herewith.
Section 3. Severability
If any section, phrase, sentence, or portion of this Ordinance is for any reason held invalid or unconstitutional by the final judgment of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision; and such holding shall not affect the validity of the remaining portions hereof.
Section 4. California Environmental Quality Act Findings The City of Colfax finds that, if the provisions of the California Environmental Quality Act, Public Resources Code section 21000 et seq (hereinafter “CEQA”) apply, the title of this ordinance would constitute a brief description of the “Project” as required by Section Item 5A 187
15062(a)(1) of the Guidelines for Implementation of CEQA 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 EXEMPTIONS
The City of Colfax finds that this ordinance is not subject to CEQA pursuant to CEQA Guidelines Sections 15305 (Minor Alterations in Land Use Limitations), 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment). Furthermore, this action is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).
Section 5. Effective Date
This Ordinance, and all 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 29th day of November 2023 and passed and adopted at a duly held regular meeting of the City Council held on the __ day of ________ 2023 by the following vote:
AYES:
NOES:
ABSENT:
________________________
Trinity Burrus, Mayor
APPROVED AS TO FORM: ATTEST:
______________________ ______________________
Alfred Cabral Marguerite Bailey
City Attorney City Clerk
Item 5A 188
EXHIBIT A
CITY OF COLFAX
ORDINANCE NO. 556
AN ORDINANCE OF THE CITY OF COLFAX AMENDING TITLE 17- ZONING OF
THE COLFAX MUNICIPAL CODE
Section A. Colfax Municipal Code Title 17 is hereby amended to read as follows:
1. Civic District development standards.
Section 17.68.040 is added to the Municipal Code as follows:
17.68.040 Civic District development standards.
A. Permitted uses and structures shall comply with the city's adopted community design guidelines and any other applicable requirements of this title.
B. Structures within 20 feet of a property line in any single-family (R-1), multi-family (R-M) or mixed-use zone (MU) shall comply with the lesser of the setback and height standards of the adjacent zoning district or a minimum setback of 6 feet plus one foot for every foot above 10 feet in height.
C. Additional development standards shall be determined as part of an administrative permit or conditional use permit.
2. Mixed Use Density Standards.
Section 17.74.040 is added to the Municipal Code as follows:
17.74.040 Mixed Use density standards.
In the Downtown Mixed-Use (MU-1) zone, the maximum floor area ratio (FAR) allowed is 2.0 and a minimum of 625 square feet of net parcel area is required per dwelling unit.
In the Mixed-Use (MU-2) zone, the maximum floor area ratio (FAR) is 1.5 and the allowed residential density is 10 to 29 dwelling units per acre.
For the purposes of this section, the calculation of FAR shall include all residential floor area on a parcel in addition to floor area as defined in section 17.12.030 of this title.
3. Industrial Zone.
Chapter 17.80 is amended as follows:
Chapter 17.80 INDUSTRIAL ZONES
Item 5A 189
17.80.010 Purpose.
This chapter provides regulations applicable to primary uses in the industrial zoning districts established by Section 17.16.10 (zoning districts established). The industrial zoning districts are as follows: The purposes of the industrial zoning district are to designate areas appropriate for the maintenance, establishment and protection of light industrial uses and heavy industrial uses, where uses do not produce objectionable effects observable beyond the boundaries of the site.
Industrial uses that have limited outdoor storage and the emission of limited amount of visible gasses, particulates, steam, heat, odor, vibration, glare, dust, and noise may be compatible operating in relatively close proximity to commercial and residential uses.
These uses include indoor manufacturing, processing, assembly, high technology, research and development and storage uses.
Wholesale and heavy commercial activities and industrial processes are subject to approval of administrative permits or conditional use permits, and are to be limited to areas of the industrial zone not close to commercial and residential uses.
A. Light Industrial District. The purpose of the light industrial district (I-L) is intended to designate areas appropriate for light industrial uses such as manufacturing, processing, assembly, high technology, research and development and storage uses. The use types permitted within the I-L district do not include outdoor manufacturing but may include limited outdoor storage and the emission of limited amount of visible gasses, particulates, steam, heat, odor, vibration, glare, dust, and noise. These uses may be compatible operating in relatively close proximity to commercial and residential uses.
B. Heavy Industrial District. The purpose of the heavy industrial district (I-H) is to provide for areas in appropriate locations where wholesale and heavy commercial activities and industrial processes not producing objectionable effects observable beyond the boundaries of the site may be established, maintained and protected. The regulations of this district are designed to promote an environment in which industries and related activities requiring a reasonably high level of environmental quality and which themselves do not contribute to the deterioration of such environmental quality, may be conducted.
17.80.020 Permitted use types.
Primary uses are permitted in industrial zones subject to the requirements of this title as designated below:
A. Principally permitted use, designated as "P";
B. Conditionally permitted use, designated as "CUP"; and C. Administratively permitted use, designated as "AP."
Primary use types not listed or designated by a dash (-) are not permitted in that zone district. Any use that occupies more than 15,000 square feet of indoor area, outdoor area, or a combination of indoor and outdoor area in the Industrial zone is subject to a conditional use permit.
Accessory Uses and Structures are permitted in industrial zones subject to the requirements set forth in Chapter 17.96.
Item 5A 190
SEE CHAPTER 17.32 "PERMIT AND VARIANCE REQUIREMENTS" FOR
INFORMATION ON USE PERMITS AND OTHER TYPES OF PERMITS THAT MAY BE
REQUIRED, REGARDLESS OF HOW A USE IS CLASSIFIED IN THIS CHART
INDUSTRIAL ZONE DISTRICTS PERMITTED USES
AGRICULTURAL AND OPEN SPACE
USE TYPES
I I-L I-H
Agricultural - P
Resource Protection and Restoration P P P
CIVIC USE TYPES I-L I-H
Community Assembly(8) CUP CUP CUP
Community Services AP AP P
Essential Services AP AP P
Intensive Public Facilities CUP - CUP
Power Generating Facilities(7)
Emergency P AP AP
Supplemental/Individual Use CUP AP CUP
General Power Production CUP AP CUP
Passive Power P P P
Public Parking Services P P P
Schools
College and University CUP AP CUP
Social Services
Food Distribution(2) AP/CUP AP/CUP AP/CUP
Food Service(3) AP/CUP AP/CUP AP/CUP
Emergency Shelter(4) AP/CUP AP/CUP AP/CUP
RESIDENTIAL USE TYPES I-L I-H
Caretaker/Employee Housing AP AP AP
COMMERCIAL USE TYPES I-L I-H
Adult-Oriented Businesses CUP CUP CUP
Animal Sales and Service(10)
Kennels(9) P P P
Veterinary Clinic AP - P
Veterinary Hospital P P P
Automotive and Equipment
Automotive Body and Equipment Repair AP P
Automotive Rental P P -
Automotive Repairs AP P CUP
Automotive Sales P P -
Carwash and Detailing P P CUP
Commercial Parking P P P
Heavy Equipment Rental and Sales P P P
Gasoline Sales P P P
Impound Yards AP AP P
Broadcasting and Recording Studios P P P
Item 5A 191
Building Material Stores P P P
Business Support Services P P CUP
Commercial Cannabis Activities
Cultivation P P P
Cultivation Nursery P P P
Distributor P P P
Manufacturer P P P
Microbusiness P P P
Retailer P P P
Testing Laboratory P P P
Commercial Recreation
Indoor Entertainment AP AP CUP
Indoor Sports and Recreation P P P
Outdoor Entertainment CUP AP CUP
Outdoor Sports and Recreation P P P
Large Amusement Complexes CUP AP P
Day Care Center, Secondary (Employees
Only)
P
Eating and Drinking Establishments,
Convenience
P P P
Maintenance and Repair P P CUP
Nightclubs(1) CUP AP CUP
Nursery, Retail P P P
Offices, Professional P P P
Personal Services AP AP CUP
Retail Sales and Services P P -
Specialized Education and Training
Vocational Schools AP P CUP
Specialty Schools AP AP CUP
Storage Facility, Self-service(11) CUP P P
Storage Facility, Recreational and Large
Vehicles
CUP
INDUSTRIAL USE TYPES I-L I-H
Day Care Center, Secondary (Employees
Only)
AP -
Equipment and Materials Storage Yards AP AP P
General Industrial AP AP P
Hazardous Materials Handling AP AP P
Laundries, Commercial P P P
Light Manufacturing P P P
Mineral Extraction and Processing(12) CUP CUP CUP
Printing and Publishing P P P
Recycling, Scrap and Dismantling
Enclosed P P P
Unenclosed AP AP P
Research Services P P P
Item 5A 192
Specialized Industrial AP AP CUP
Wholesale and Distribution
Light P P P
Heavy CUP AP P
TRANSPORTATION AND
COMMUNICATION USE TYPES
I-L I-H
Antennas and Communications Facilities(5)
Developed Lot AP AP P
Undeveloped Lot AP AP CUP
Heliport CUP AP CUP
Intermodal Facilities(6) AP AP P
Telecommunication Facilities(5) P/AP/CUP AP P/AP/CUP
Notes:
(1) Additional requirements are contained in Chapter 17.164. (2) Additional requirements are contained in Chapter 17.148. (3) Additional requirements are contained in Chapter 17.144. (4) Additional requirements are contained in Chapter 17.140. (5) Additional requirements are contained in Chapter 17.132. (6) Additional requirements are contained in Chapter 17.136. (7) Additional requirements are contained in Chapter 17.180. (8) Food service or distribution facilities are allowed in conjunction with this use with approval of an admin permit.
(9) Kennels are also subject to the regulations set forth in Colfax Municipal Code Chapter 6.12 (kennels).
(10) These establishments are exempt from Municipal Code Chapter 6.20 (limitations on number of animals).
(11) Additional requirements are contained in Chapter 17.176. (12) Additional requirements are contained in Chapter 17.163.
4. Special development overlay zone.
Municipal Code section 17.84.030 “SD” Special development overlay zone is repealed and the section is reserved.
Section B. The remainder of Colfax Municipal Code Title 17-Zoning shall remain in full force and effect. If any of the provisions of Colfax Municipal Code Title 17 – Zoning are inconsistent with the provisions of this Ordinance, then this Ordinance and the provisions hereof shall control any inconsistent interpretation.
Item 5A 193
S Aubu
rn St
W Church St
Exit
135
S Main St
Exit 133
Canyon
Way
Grass Valley St
Tokayana
Way
S Canyon
Way
Rising Sun
St
N
Main St
Canyon Way
Placer
Hills
Rd
S Canyon Way
S Auburn St
80 174
City of Colfax - Proposed Zoning
Source: City of Colfax, ESRI, PlaceWorks 2022
CITY OF COLFAX
COLFAX GENERAL PLAN
0 0.13 0.25 0.5
Miles
City of Colfax Boundary
Sphere of Influence
Historic District
Proposed Zoning Code
Residential - Mobile Home Subdivision
Single-Family Residential (R-1-5)
Single-Family Residential (R-1-10)
Single-Family Residential (R-1-20)
Multi-Family Residential - Medium Density (RM-1)
Multi-Family Residential - High Density (RM-2)
Downtown Mixed-Use (MU-1)
Mixed-Use (MU-2)
Industrial (I)
Commercial - Highway (CH)
Commercial - Retail (CR)
Civic District (CD)
Open Space
Item 5A 194
Ordinance 556
Exhibit B
Zoning Changes:
Assessor’s Parcel
Number
Zoning* Assessor’s Parcel
Number
Zoning
Existing Proposed Existing Proposed
006-022-024 SPSD CD 006-067-008 CR MU1
006-030-017 R-1-5 OS 006-067-009 CR MU1
006-030-059 R-1-5 OS 006-067-010 CR MU1
006-030-060 R-1-5 CD 006-067-011 CR MU1
006-042-005 RM-2 CD 006-071-003 CR MU2
006-043-002 CR MU1 006-071-005 CR MU2
006-043-003 CR MU1 006-071-006 CR MU2
006-043-004 CR MU1 006-071-007 CR MU1
006-043-006 CR MU1 006-071-008 CR MU2
006-043-007 CR MU1 006-071-009 IL MU2
006-043-013 IL MU1 006-071-010 CR MU1
006-043-013 IL MU1 006-072-001 CR MU2
006-051-001 OS OS 006-091-002 CR MU2
006-064-002 CR MU2 006-091-003 CR MU2
006-064-003 CR MU2 006-091-006 CR MU2
006-064-004 CR MU2 006-091-007 CR MU2
006-064-008 CR MU2 006-091-025 CR MU2
006-064-009 CR MU2 006-091-029 CR MU2
006-064-010 CR MU2 006-091-030 CR MU2
006-065-002 CR MU2 006-091-031 CR MU2
006-065-003 CR MU2 006-091-032 CR MU2
006-065-004 CR MU2 006-093-019 IL I
Item 5A 195
Assessor’s Parcel
Number
Zoning* Assessor’s Parcel
Number
Zoning
Existing Proposed Existing Proposed
006-065-005 CR MU2 006-093-021 IL I
006-065-006 CR MU2 006-093-022 CR MU2
006-066-001 CR MU2 006-101-015 cr MU2
006-066-004 CR MU2 006-102-004 CR MU2
006-066-005 CR MU2 006-102-005 CR MU2
006-066-006 CR MU2 006-102-008 IL MU2
006-066-007 CR MU2 006-102-009 IL MU2
006-066-009 CR MU1 006-131-009 IL I
006-066-010 CR MU1 006-141-008 CR MU2
006-066-011 CR MU1 006-142-020 CR MU2
006-066-012 CR MU1 006-142-021 CR MU2
006-066-013 CR MU1 006-142-022 CR MU2
006-066-014 CR MU2 006-142-035 CR MU2
006-066-016 CR MU2 006-142-039 CR MU2
006-066-017 CR MU2 006-142-040 CR MU2
006-066-018 CR MU2 006-142-042 CR MU2
006-066-019 CR MU2 006-142-043 CR MU2
006-066-020 CR MU2 006-142-044 CR MU2
006-066-021 CR MU1 006-142-045 CR MU2
006-066-024 CR MU2 006-142-046 CR MU2
006-066-025 CR MU2 006-142-047 CR MU2
006-066-026 CR MU2 100-090-027 IL I
006-066-027 CR MU1 101-010-025 IL I
006-066-028 CR MU1 101-010-034 IL I
006-066-029 CR MU2 101-010-035 IL I
Item 5A 196
Assessor’s Parcel
Number
Zoning* Assessor’s Parcel
Number
Zoning
Existing Proposed Existing Proposed
006-066-030 CR MU2 101-010-039 IL I
006-066-031 CR MU2 101-010-042 IL I
006-067-001 CR MU1 101-010-044 IL I
006-067-002 CR MU1 101-010-046 IL I
006-067-003 CR MU1 101-010-047 IL I
006-067-004 CR MU1 101-040-021 SPSD CD
006-067-005 CR MU1 101-150-022 A-1 R-1-20
006-067-006 CR MU1 101-161-059 SPSD CD
006-067-007 CR MU1 101-170-023 RM-1 MU2
101-170-035 RM-1 MU2
* CR= Commercial Retail, I = Industrial, IL = Light Industrial, RM-1 = Multi-Family Residential-Medium Density, RM-2 – Multi-Family Residential- Medium High Denisty, R-1-20 = Single-Family Residential Low Density, MU1 = Mixed Use Downtown, MU2 = Mixed Use, SPSD = Special Public Service District, OS = Open Space, A-1 = Agriculture, CD = Civic District
Item 5A 197
City of Colfax
Staff Report November 29, 2023
City Manager Appointment
and Employment Agreement
Staff Report to City Council
FOR THE JUNE 8 SPECIAL CITY COUNCIL MEETING
From: Mike Luken, Interim City Manager
Alfred A. “Mick” Cabral, City Attorney
Prepared by: Mike Luken, Interim City Manager
Subject: Discussion, Consideration and Possible Action to Adopt a Resolution appointing Ronald Walker as City Manager effective January 15, 2024 Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The City Manager is hired by and serves at the pleasure of the elected City Council. The City Council is the policy body, and the City Manager is the individual responsible for implementing Council policy direction. The City Manager manages the organization on a daily basis, hires staff, oversees the budget and drives forward the City Council’s projects and initiatives.
Former city manager Wes Heathcock accepted a position with the Town of Loomis and departed the City on June 9, 2023. The city hired Interim City Manager Mike Luken on July 1, 2023, who has acted in that position and will depart after a 2-week transition period on January 29, 2024 for a new city manager.
The City was fortunate to have a number of highly qualified candidates available to assume this position. An Ad Hoc Committee of Mayor Burruss and Mayor Pro-Tem Douglass and the full City Council held interviews with potential candidates in late October and early November and decided to bring forward Ronald Walker for formal consideration as the City Manager.
Mr. Walker has 30 years in public works, infrastructure project management, budgetary management and other municipal activities and recently served as the Director of Public Works for Live Oak, California in Sutter County, a small city of approximately 4,165 persons. Mr. Walker has a BA in Business Administration with an emphasis in Public Policy from South New Hampshire University and brings a wealth of management experience to the City of Colfax. Mr. Walker has been extremely involved in wastewater systems like Colfax’s wastewater treatment plan and holds a Grade 5 Operators License, the highest license available in California. He also has a Class B operators’ certificate for driving heavy equipment and has a FEMA emergency management certifications.
If approved, Mr. Walker will take the reins on January 15, 2024. Mr. Luken will serve until Mr.
Walker arrives and will provide a short part-time transition period to help Mr. Walker get acclimated as requested by the City Council.
RECOMMENDED ACTION: Discuss, consider and adopt Resolution No. ___-2023 approving an employment contract with Ronald Walker for City Manager and appointing Ronald Walker as City Manager effective January 15, 2024.
Item 8A 198
City of Colfax
Staff Report November 29, 2023
City Manager Appointment
and Employment Agreement
For all of the above reasons, staff recommends the City Council discuss, consider and take action to adopt the proposed resolution, approving an employment agreement with Ronald Walker and appoint Mr. Waker as the next permanent City Manager effective January 15, 2024.
Fiscal Impact
A budget amendment is not needed to support this proposed action. The contract can be funded for the remaining FY 2023/2024 fiscal year.
Attachments
1. Resolution
2. Employment Agreement
Item 8A 199
_________________________________________________________________________________________ City of Colfax City Manager Appointment
Resolution _-2023 And Employment Agreement
City of Colfax
City Council
Resolution № __-2023
APPROVING AN EMPLOYMENT AGREEMENT AND APPOINTING RONALD WALKER AS CITY MANAGER EFFECTIVE JANUARY 15, 2024
WHEREAS, the City of Colfax had a vacancy in the City Manager position, and has conducted an open recruitment to fill the position; and
WHEREAS, the City desires to enter into an employment agreement with Ronald Walker and appoint him as its City Manager of the City of Colfax; and
WHEREAS, the City Council and Ronald Walker, desire to agree in writing to the terms and conditions pursuant to which Ronald Walker will provide the services of City Manager for the City of Colfax; and WHEREAS, the position of City Manager requires specialized skills, including but not limited to advanced management, municipal leadership, budget and negotiation, and Mr. Walker possesses those skills; and
WHEREAS, Mr. Walkers’s appointment to the position of City Manager will end pursuant to the termination provisions set forth in the Agreement attached as Exhibit A hereto.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Colfax that the terms of the Employment Agreement attached hereto as Attachment A between the City of Colfax and Ronald Walker appointing him to the position of City Manager effective January 15, 2024, are hereby approved and adopted, and the Mayor is authorized to sign and execute the Agreement on behalf of the City.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at a regular meeting of the City Council of the City of Colfax held on the 29th of November 2023, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Trinity Burruss, Mayor
ATTEST:
________________________________________
Marguerite Bailey, City Clerk
Item 8A
200
EMPLOYMENT AGREEMENT
FOR CITY MANAGER
THIS EMPLOYMENT AGREEMENT (“AGREEMENT”), is made and entered into effective the 29th day of November, 2023 (the “Effective Date”), by and between the City of Colfax, a California municipal corporation and general law city (the “City”) and Ronald Walker (“City Manager”), both of whom understand and agree as follows:
RECITALS
This Agreement is made with respect to the following facts:
A. The City wishes to employ Ronald Walker as its City Manager, subject to the following terms and conditions and consistent with applicable laws of the State of California and City ordinances; and B. Ronald Walker desires to accept employment by the City as its City Manager, subject to the following terms and conditions and consistent with applicable laws of the State of California and City ordinances.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, terms and conditions of this Agreement, the City and City Manager agree as follows:
Section 1. Employment.
The City hereby employs Ronald Walker as its City Manager to perform the duties and functions identified in Colfax Municipal Code Title 2, Chapter 2.08, and other duties and functions as the Mayor and/or the City Council assign either orally or in writing to the City Manager. Ronald Walker hereby accepts employment as City Manager subject to the terms and conditions of this Agreement and agrees (1) to devote his full time, attention, and energies to performing all such duties and functions in a professional and ethical manner to the best of his skill and ability and (2) to use his best efforts to promote and advance the interests of the City. City Manager shall have the authority to execute contracts on behalf of and bind the City for amounts up to and including $10,000 per contract, subject to the direction and control of the City Council. With this exception, City Manager agrees that he has no authority to bind the City or any of its elected or appointed officials or commit the City to any course of action without the duly authorized written consent of the Mayor and/or the City Council. City Manager acknowledges that the position of City Manager is a position of high visibility before the public and agrees that he shall conduct himself before the public and City staff, both during and outside of regular working hours, in a manner that reflects favorably on the City.
Section 2. No Other Employment.
City Manager agrees not to undertake any other employment during the term of this Agreement that will diminish the number of hours he has available to lawfully work for the City. City Manager further agrees to confer with the Mayor and/or the City Council or a designated subcommittee thereof before undertaking any projects for organizations other than the City which may require a time commitment by City Manager that may diminish the number of hours he has available to lawfully work for the City.
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Section 3. Employment Agreement Controls.
In the event of any conflict or ambiguity between the terms of this Agreement and the Colfax Municipal Code Title 2, Chapter 2.08, the terms of this Agreement shall control.
Section 4. Term.
A. This Agreement is effective November 29, 2023, and shall automatically terminate on November 29, 2028, unless extended by both City Manager and City or unless and until it is terminated by either party as hereinafter provided. City Manager agrees that he serves at the pleasure of the City. Either the City or City Manager may, consistent with the provisions of Section 5 of this Agreement, terminate this Agreement and the relationship created hereby at any time for any reason with or without Good Cause.
B. Notwithstanding any other provision of this Agreement or of the Colfax Municipal Code, City Manager shall not be removed from office, except for Good Cause as defined in Section 5 C (iii) below, during or within a period of 30 days prior and 90 days immediately succeeding any general or special election held in the City at which a member of the City Council is elected, or within a period of 90 days immediately after a new member of the City Council is appointed. In this regard, Colfax Municipal Code Title 2, Chapter 2.08, Section 2.08.040 in effect as of the Effective Date is expressly made applicable to City Manager.
Section 5. Termination of Agreement.
A. City Manager may terminate this Agreement and resign as City Manager at any time, for any reason, upon one-month prior written notice to the City. Upon receipt of written notice from City Manager, the City may elect to immediately remove City Manager from his position as City Manager or to allow City Manager to remain as City Manager for all or any part of the one-month notice period. If the City removes City Manager from his position as City Manager prior to the expiration of the one-month notice period, the City will pay City Manager an amount equal to the salary and benefits that City Manager would have received if he had remained in the City Manager position until the expiration of the one-month notice period, less legally required withholdings. If the City advises City Manager that he should continue to perform his duties and functions as City Manager during the one-month notice period, and City Manager fails to do so, City Manager will receive no salary or benefits after the last date on which he actually performs his City Manager duties and functions.
B. Unless the City Manager is terminated for Good Cause as defined below, then upon termination by the City of City Manager’s employment, the City shall pay the City Manager his accrued but unpaid salary and his accrued but unpaid vacation in addition to the amounts payable to the City Manager under this Agreement. In addition thereto, if this Agreement is terminated by the City without Good Cause prior to November 29, 2024, then upon the effective date of termination, the City shall pay City Manager an amount equal to three months of gross pay as severance compensation.
That severance compensation shall increase by one month for every year of City Manager’s service as City Manager after November 29, 2023, up to a maximum total of four months. All of such gross pay shall be subject to usual state and federal withholding. With the exception of the foregoing, City shall not pay City Manager any other amounts whatsoever upon termination of City Manager's employment. City Manager shall not be entitled to receive any severance compensation if City Manager resigns his employment with City or terminates this Agreement, or if City Manager is terminated for Good Cause.
C. (i) If the City elects to terminate this Agreement for Good Cause, it will pay City Manager for all earned pay and accrued, unused vacation benefits at the time it notifies City Manager of the termination decision, less legally required withholdings. City Manager will be entitled to no pay or benefits after the date that the City notifies him that this Agreement and his employment by the City are being terminated for Good Cause. If the City elects to Item 8A
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terminate this Agreement with Good Cause, it will provide City Manager with a brief, written explanation for that decision sent to City Manager’s last known home address. City Manager shall have no right to be heard publicly by the City Council prior or subsequent to a final vote on his termination and hereby waives any right to be heard publicly under any provision of the Colfax Municipal Code or otherwise. City Manager shall have the right to meet with the City Council in closed session for the purpose of discussing the basis for his proposed termination for Good Cause prior to a final vote on his termination for Good Cause. In order to exercise that right, he must provide a written request to meet in closed session to the Mayor of the City within fifteen days after the date that the City notifies him that this Agreement and his employment by the City are being terminated for Good Cause. Failure to timely provide such written notice shall constitute a waiver of the right to be heard. (ii) If the City Council proposes to terminate this Agreement and City Manager’s employment for Good Cause, the City Council may consider granting City Manager, upon City Manager’s written request, the opportunity to cure the proposed reason for termination within a thirty (30) business day period after City Manager is advised of the reason the City Council is considering termination of this Agreement and City Manager’s employment. (iii) For purposes of this Section 5, “Good Cause” includes without limitation, as determined in the sole discretion of the City, any of the following: (1) neglect of or failure to adequately perform the essential duties or functions of City Manager, (2) insubordination, (3) dishonesty, (4) embezzlement, (5) violation of Federal, State or local requirements pertaining to conflict of interest, (6) appearance of a conflict of interest, (7) conviction of a criminal act, other than minor traffic violations or similar offenses, which is likely to have a material adverse impact on the City or City Manager’s reputation, (8) involvement in any act involving moral turpitude that would compromise City Manager’s effective performance as City Manager, (9) taking a position adverse to the interests of the City without the City’s prior written consent, (10) violation of any fiduciary duty owed to the City, (11) proven failure of City Manager to observe or perform any of his duties and obligations under this Agreement or (12) inability to perform the essential duties and functions of the City Manager position as referred to in Section 6 of this Agreement. (iv) If termination of this Agreement is the result of the death of City Manager, the City shall pay all salary and benefits due up to and including City Manager’s date of death to City Manager’s legal heir(s).
D. In the event this Agreement is terminated by the City or City Manager for any reason, the City and City Manager agree that neither party shall make any written or oral statements to members of the public, the press, or any City employee concerning City Manager’s termination except in the form of a joint press release or statement which is mutually agreeable to both parties. The joint press release or statement shall not contain any text or information that is disparaging to the City or City Manager. Either party may orally repeat the substance of the joint press release or statement in response to any inquiry.
Section 6. Inability To Perform Essential Duties and Functions.
City Manager agrees that if he is unable to perform the essential duties and functions of the City Manager position for any reason for more than 60 consecutive calendar days, the City may terminate this Agreement. If the City elects to terminate this Agreement based on City Manager’s inability to perform the essential duties and functions of the City Manager position, it will so advise City Manager in a writing sent to Item 8A
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City Manager’s last known home address. At the time the City provides such notice, it will pay City Manager for all earned pay and accrued, unused vacation benefits, less legally required deductions. Once said amounts have been paid, all financial obligations between City and City Manager shall cease.
Section 7. Compensation
A. Base Compensation
The City agrees to pay City Manager for the performance of his duties and functions a starting salary of $146,000 per year that can be adjusted in accordance with Section C below. City Manager’s salary will be paid in installments at the same time that other employees of the City are paid, prorated for any partial month of service. The City shall have the right to increase City Manager’s base annual salary at any time. Any adjustment to City Manager’s salary must be authorized in writing by the City. City Manager shall not be entitled to receive payment or credit for, and the City shall not pay or credit City Manager for, overtime, compensated time off in lieu of overtime or other compensation except as expressly provided in this Agreement.
City Manager acknowledges that the position of City Manager is exempt from the provisions of the Fair Labor Standards Act (FLSA).
B. Annual Cost Of Living Adjustment.
At the commencement of the third year of service under this Agreement, and on each annual anniversary date of this Agreement thereafter (the “Adjustment Date”), and provided that City Manager remains employed by the City, the City Manager’s annual salary shall increase by the increase in the Consumer Price Index (CPI), calculated as follows. The base for computing the annual salary adjustment is the Consumer Price Index, All Urban Consumers, All Items, For The San Francisco Bay Area, published by the United States Department of Labor, Bureau of Labor Statistics (the “Index”) which is in effect on the Effective Date (the “Beginning Index”). The Index published most immediately preceding the Adjustment Date in question (“Extension Index”) is to be used in determining the amount of the adjustment. If the Extension has increased over the Beginning Index, the increase in the City Manager’s salary shall be set by multiplying the City Manager’s gross annual salary immediately prior to the Adjustment Date by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In no case shall the City Manager’s salary be decreased and in no case shall this increase exceed five percent (5%). If the CPI is discontinued by the Bureau of Labor Statistics, the Index designated by the Bureau of Labor Statistics as replacing the CPI shall be used. The CPI increase provided for in this paragraph shall be in addition to any other salary or benefit increase the City Council may authorize.
C. Performance Pay. The Council desires to encourage excellent performance by the City Manager and utilize the annual performance review for this purpose. City shall evaluate Employee’s performance in November 2024 and each year thereafter. If the City Manager receives an exemplary evaluation, the City Manager shall receive a five percent (5%) merit increase and an additional $200 per pay period in Employer’s contribution to the City’s deferred compensation plan commencing January 1, 2025, and an additional five percent (5%) merit increase and an additional $200 per pay period in Employer’s contribution to the City’s deferred compensation plan each year thereafter for which City Manager receives an exemplary performance evaluation. This adjustment may be implemented by minute order or other action of the Council.
Section 8. Benefits.
During the term of this Agreement and his employment hereunder, City Manager shall be entitled to receive the following benefits on the same terms and conditions as other City department heads:
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A. Vacation: City Manager shall accrue vacation at the rate specified in the City’s July 1, 2017 adopted Employee Handbook based on City Manager’s original hire date.
B. Holidays: City Manager shall be entitled to holidays and holiday pay consistent with the City’s adopted Employee Handbook.
C. Sick Leave: City Manager shall accrue sick leave at the rate specified in the City’s adopted Employee Handbook.
D. Bereavement Leave: City Manager shall be entitled to bereavement leave consistent with the City’s adopted Employee Handbook.
E. Health Plan. City Manager and City Manager's qualified dependents shall be eligible to participate in City's sponsored health plan consistent with the City’s adopted Employee Handbook as it pertains to exempt employees. Any and all monthly premium payments payable by City Manager may, at City Manager’s discretion, be deducted from the City Manager’s paycheck as a pre-tax deduction as allowed by applicable law. City Manager shall be permitted, at City Manager's election, to receive $800 per month in lieu of medical insurance which can be paid directly to City Manager or deposited into one of the City’s qualified plans for City Manager’s benefit.
F. Pension: On the same basis as other department heads employed by the City, which is currently the California Public Employee’s Retirement System (CalPERS) 2% at 60.
G. Compensated Time Off /Administrative Time: City Manager shall be entitled to compensated time off/administrative leave consistent with the City’s adopted Employee Handbook.
H. Other benefits on the same basis as department heads covered by the City’s adopted Employee Handbook.
I. City Manager shall either receive a $50 per pay period stipend for using his mobile phone for City business or the City Manager shall use a City mobile phone provided.
J. Relocation Reimbursement - It is the City’s preference that the City Manager live no further than 20 minutes from Colfax for emergency response purposes. City Manager shall be provided a one-time reimbursement for a U-Haul or equivalent vehicle, moving supplies and other miscellaneous moving costs for purposes of moving his personal residence from Live Oak, California to or near Colfax, California. This reimbursement shall not exceed $1,500.
K. City Manager shall prepare an annual personal educational training plan for consideration by the City Council focused on best practices for new city managers. This training will be carried out in the 12 months immediately following Council adoption of said plan and shall be incorporated into the two-year budget for the City.
Section 9. Automobile
While this Agreement remains in effect, City shall pay City Manager a vehicle allowance of $400 per month, subject to periodic adjustments approved by the City Council. At all times during this Agreement, City Manager shall keep and maintain a policy of comprehensive automobile insurance (Bodily Injury and Property Damage) on owned, leased and non-owned vehicles used in connection with City business of no less than Item 8A
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$500,000 combined single limit per occurrence. Proof of such insurance shall be provided to the City’s risk manager. The City Manager’s insurance coverage shall be primary as respects the City, its officers, agents, employees and volunteers. Any insurance kept or maintained by the City, its officers, agents, employees and volunteers shall be excess of City Manager’s and shall not contribute with it.
Section 10. Performance Evaluations
The City Council shall review and consider City Manager’s performance as City Manager as close as reasonably possible to the beginning of each year while this Agreement, or any renewal or extension of this Agreement, remains in effect. The review shall be discussed with City Manager and reduced to writing, and shall only cover the annual period of performance being reviewed.
Section 11. Confidential Information.
City Manager agrees that he will not reveal any confidential information about the City or City employees that he learns while performing the duties and functions of City Manager.
Section 12. City Property.
City Manager agrees that all materials, regardless of their form, that he receives, creates or produces in connection with this Agreement and/or his employment as City Manager are and will remain the exclusive property of the City. City Manager will immediately deliver all originals and all copies of such materials that are in his possession or control to the City upon termination of this Agreement or upon any request from the Mayor and/or the City.
Section 13. Assistance in Litigation.
City Manager agrees that he will furnish information and proper assistance to the City as it may reasonably require with any litigation in which it is or may become involved, either during or after the termination of this Agreement. City Manager further agrees that he will not discuss, reveal or convey any information or documents pertaining to the City to any person or entity, or to any attorney for or representative of any person or entity, with actual or potential claims that are adverse to the City except pursuant to duly issued legal process or as otherwise authorized by the City. City Manager agrees to notify the City immediately upon receipt of any legal process pertaining to the City.
Section 14. Alternative Dispute Resolution
(a) City Manager and the City agree that if a dispute arises from or relates to this Agreement, to City Manager’s employment as City Manager or his termination or resignation from that position, or to the amount of pay or benefits which City Manager is owed, then before resorting to mediation, arbitration or other legal process, City Manager and a committee of two elected City Council members appointed by the Mayor and approved by a majority of the City Council shall first meet and confer and attempt to amicably resolve any such dispute subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 30 days after provision of that written notice by the party desiring to meet and confer, City Manager and a committee of two elected City Council members appointed by the Mayor and approved by a majority of the City Council shall meet in person and attempt to amicably resolve their dispute. If any dispute remains unresolved at the end of the meeting, any party to this Agreement shall have the right to invoke the mediation process provided for in sub-Section 14 (b) below. Any resolution shall be subject to approval by a majority of the City Council.
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(b) Subject to the provisions of sub-Section 14 (a), any dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation before a mutually acceptable, neutral retired judge or justice at the nearest office of the Judicial Arbitration and Mediation Service (JAMS).
If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at the nearest office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the parties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed. (c) If mediation is unsuccessful, then before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties shall submit selection of an arbitrator to the mediator, whose selection of an arbitrator shall be binding on the parties. In that case, the mediator shall select a neutral arbitrator from the then active list of retired judges or justices, other than himself/herself, at the nearest office of the Judicial Arbitration and Mediation Service (JAMS). The arbitration shall be conducted pursuant to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure or pursuant to such other process as the City and City Manager may agree. In either case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement. The award of the arbitrator shall be subject to the provisions of the California Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. The City shall pay the costs incurred with JAMS for the arbitration. The arbitration hearing shall last as long as is reasonably necessary for the arbitrator to decide all issues in dispute.
Both parties shall be allowed to present to the arbitrator all legal and equitable claims available to them under law.
NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL.
BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 14. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO ALTERNATIVE DISPUTE RESOLUTION AS PROVIDED IN THIS SECTION 14.
City Initials: _____ City Manager’s Initials:_____
Section 15. Indemnification
Pursuant to the requirements of the California Government Code, including but not limited to Sections 825, 995, 995.2, 995.8 and 996.4, as amended from time to time, the City shall defend, save harmless and indemnify City Manager against any tort, professional liability claim and demand or other claim or legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the course and scope of City Manager’s duties as City Manager. Said defense shall be provided by the City until such time as all legal action on the matter is concluded.
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Section 16. Governing Law.
This Agreement will be construed and enforced in accordance with the laws of the State of California.
Section 17. Headings.
The headings used in this Agreement are provided for convenience only and may not be used to construe meaning or intent.
Section 18. Assignment.
Neither this Agreement nor any interest in this Agreement may be assigned by City Manager without the prior express written approval of the City.
Section 19. Severability.
If any provision or portion of this Agreement is held to be invalid or unenforceable, this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable provision(s) or portion(s) had never been included.
Section 20. Notices.
Notices pursuant to this Agreement shall be given in writing and shall be deemed given when personally served upon the person to whom addressed or when mailed by certified or registered mail and deposited with the United States Postal Service, postage prepaid and addressed as follows:
City: Mayor, City of Colfax
P.O. Box 702
33 S. Main Street
Colfax, CA 95713
City Manager: Ronald Walker
Colfax City Hall
P.O. Box 702
Colfax, CA 95713
Section 21. Modification.
This Agreement may only be modified in a writing signed by the City and the City Manager.
Section 22: Abuse of Office.
A. Any salary paid to City Manager pending an investigation shall be fully reimbursed to City if City Manager is convicted of a crime involving an abuse of City Manager’s office or position, as set forth in Government Code sections 53243 and 53243.4. Any funds City pays or provides for the legal criminal defense of City Manager shall be fully reimbursed to the City if the City Manager is convicted of an abuse of City Manager’s office or position, as set forth in Government Code sections 53243.1 and 53243.4. If this Agreement is terminated, any cash settlement or severance related to the termination that the City Manager receives from the City shall be fully reimbursed to the City if Item 8A
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the City Manager is convicted of a crime involving an abuse of City Manager’s office or position, as set forth in Government Code sections 53243.2 and 53243.4.
B. In accordance with and subject to Government Code Section 53244, if City Manager is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of, or in the performance of, City Manager’s official duties, City Manager shall forfeit any contract right or other common law, constitutional, or statutory claim against the City to retirement or pension rights or benefits, however those benefits may be characterized, including lost compensation, other than the accrued rights and benefits to which City Manager may be entitled under any public retirement system in which City Manager is a member. The forfeiture provided by this section shall be in addition to, and independent of, any forfeiture of public retirement system rights and benefits pursuant to Government Code Sections 7522.70, 7522.72, or 7522.74.
Section 23. Entire Agreement.
This Agreement supersedes any and all other agreements, either oral or in writing, and contains all agreements between City Manager and the City regarding his employment as City Manager. City Manager and the City agree that no representations, inducements, promises or agreements, oral or otherwise, have been made to either party, or anyone acting on behalf of either party, which are not stated herein, and that no agreement, statement, or promise not contained in this Agreement will be valid or binding on either party.
Section 24: Execution.
This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
In accordance with applicable law, the Parties may execute this Agreement by electronic signature and, if they do so, an electronic signature and this Agreement will have same legal validity and enforceability as a manually executed signature and agreement.
City of Colfax
By: __________________________
Trinity Burruss
Mayor, City of Colfax
__________________________
Ronald Walker
City Manager
ATTEST: Approved As To Form
_________________________
Marguerite Bailey, City Clerk Alfred A. Cabral, City Attorney Item 8A
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